CENTRAL CRIMINAL COURT
NINTH SESSION, HELD JULY 11TH, 1864.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court.
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE,
REVISED AND EDITED BY
ROBERT ORRIDGE, ESQ.
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers to the Queen's Most Excellent Majesty.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, July 11th, 1864, and following days.
BEFORE SIR WILLIAM ERLE, Knt., Lord Chief Justice of Her Majesty's Court of Common Pleas; Sir JOHN MUSGROVE, Bart.; THOMAS CHALLIS, Esq.; DAVID SALOMONS, Esq., M.P.; WILLIAM ANDERSON ROSE, Esq., M.P., Aldermen of the City of London; RUSSELL GURNEY, Esq., Q.C., Recorder of the said City; WARREN STORMES HALE, Esq.; JOHN JOSEPH MECHI, Esq.; JAMES CLARKE LAWRENCE , Esq.; ROBERT BESLEY, Esq.; and ANDREW LUSK, Esq., Aldermen of the said City; THOMAS CHAMBERS , Esq. Q.C., Common Serjeant of the said City; and ROBERT MALCOLM KERR, Esq., Judge of the Sheriffs' 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. NINTH 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, July 11th, 1864.
Before Mr. Recorder.
MESSRS, GIFFARD and F. H. LEWIS conducted the Prosecution, and MR. KEMP the Defence.
RICHARD ALEXANDER RYLANDS , I reside at Liverpool, and am managing partner in the firm of Rylands, Seddon, and Co.—I recollect the ship Richard Rylands leaving England last summer about June or July—she was bound for Calcutta—the prisoner was the captain—J. Ogle and Co. of Calcutta were the consignees—the prisoner would receive the freight, and give a receipt for it—it would be his duty to remit it to us in bankers' bills—these letters are the prisoner's writing—(These letters were dated Calcutta, 5th December, 1863, and 9th January, 1864, to Messrs. Rylands and Co. Liverpool, the first stating that in conjunction with Ogle and Co. he had chartered the ship with rice for the Mauritius, and enclosed a 500l. Bill of Exchange, forwarded by another captain)—This other letter of 8th February, 1864, is the prisoner's writing—it is dated The Hoogley, Calcutta (read)—I believe this paper, purporting to be the appointment of Mr. McFarlane as captain, is the prisoner's writing—it is dated 5th February, 1864—I was not aware of that appointment until made aware of it by the agents—we were not made aware of it by the prisoner until he arrived at the Mauritius—this letter is the prisoner's writing—(This was dated Mauritius, 5th April, 1864; it alluded to the appointment of Mr. McFarlane as stated in a previous letter, and stated that the prisoner's own health was so much shattered that he doubted his ever recovering; that small pieces of bone came from his leg, and wounds in his neck and cheek were still open)—This letter refers to a previous letter, communicating the fact of Captain McFarlane's appointment—I never received such a letter—the other letter, dated Aden, 17th August, is the prisoner's writing, and this memorandum—(The letter stated that his health obliged his remaining at Aden, and that he had forwarded the Calcutta accounts and vouchers)—(Memorandum read: "I received 4,000l. from the agent at Mauritius, and lodged it in a mercantile bank, in exchange for which I received a bill on myself; three days after my arrival I called at the bank,
and got the bill endorsed, and afterwards had it cashed; the proceeds I lodged in two banks at Stockton-on-Tees for safety; 2,800l. in the Stockton and Darlington Bank, and 1,100l. at Backhouse's. This amount, 3,900l. belongs to the owner of the ship, with the exception of 10l. 10s. 3d. belonging to myself. I paid 120l. 10s. 3d. to the broker in Loudon for discounting the bill")—I first heard of the prisoner's arrival at Marseilles from the French police—I do not remember the date—I heard of his arrival in England from the police; I can't remember the date; I think it was after the 13th—he never communicated with us after leaving Aden—I never saw or heard of him till he was arrested—it was his duty upon receiving the Bill of Exchange at the Mauritius to endorse it and forward it to us—supposing he had neglected his duty and brought it with him to London he ought to have forwarded it to us immediately on his arrival in London; he had no authority to discount it—I know nothing about this letter (produced—I never wrote it—the signature is an imitation of mine.
Cross-examined. Q. At the time the statement was made by the prisoner were you aware the money was in the Stockton Bank? A. Yes—I had obtained that information from Inspector Carlisle of the Liverpool police—I have received the 4,000l. minus the discount, since the prisoner has been in custody—there was nothing due to him for wages, I am certain of that—he had a certificate of service—he had never served for us before—this was the first voyage he had been on our account—the voyage was from England to Calcutta-Messrs. Ogle and Co. were the agents for the charterers at Calcutta—they were not our agents; they were agents for the ship—when the prisoner left Calcutta for the Mauritius he went as supercargo, from his statement—the captain he appointed is not here—there is no one here from the Mauritius; I believe Mr. John Ogle is in London—the vessel was chartered from Calcutta jointly by Ogle and Co. and the prisoner—this 500l. bill was sent by the captain of another ship through the prisoner—the prisoner did not remit any more than one Bill of Exchange from Calcutta—I do not know whether upon a fresh captain being appointed abroad the agents write to the Registrar-General—I have been in the shipping trade from ten to fifteen years—the balance of the freight was left in the hands of the agents at Mauritius—it still remains there—I can't speak to the amount—the agents advised us of it, and paid the disbursements of the ship out of it—I don't recollect the balance; it was a small balance—it was more than 15l.
MR. GIFFARD. Q. Does that balance and the 4,000l. make up the whole of the freight? A. Yes, and the money the prisoner advised us he had received—he sent us an account accounting for the money he received in Calcutta—the freight which he received at Calcutta was nearly 5,500l.; that is all accounted for-in the captain's account he only accounted for 165l. received in the Mauritius-that was the account sent from Aden.
LAWRENCE HODSON PARR . I am a member of the firm of Fletcher, Parr, and Co. ship brokers, of Leadenhall-street-we were brokers to the Rylands—I chartered the vessel myself, and have seen all the accounts sent from the agents at Calcutta—the accounts before me do not give any credit for the freight at Calcutta—this (marked G) is the captain's account; it only gives credit for 485l.—the other document is merely a freight list, showing that 5,000l. was the probable freight to be earned by the vessel from Calcutta to the Mauritius, receivable at Mauritius.
Cross-examined. Q. From your own knowledge what would be the amount of freight earned between England and Calcutta? A. About 1,700l.
was due in Calcutta, the previous portion having been paid here—I accompanied the prosecutor to see the prisoner in prison—I have not seen him more than once—I merely asked him for an account in explanation of all these items—I told him there was money due on the Calcutta items, that I presumed the cash in the hands of the police formed a portion of it, if so, would he hand it over to me.
MR. GIFFARD. Q. What did he say about that? A. His reply was very unsatisfactory—I told him he had got at least 700l. or 800l. of our money at Calcutta—he did not deny it; he mumbled something—we had to speak to him through the bars, and the distance was so great that I could not hear distinctly what his reply was; it was nothing very definite.
GEORGE PEACOCK . I carry on business at 116, Fenchurch-street—I have known the prisoner some time—I saw him at my office some time in the commencement of May; about 11th or 12th—he said he had just arrived from the Mauritius—I saw this bill in his possession—I saw him endorse it—I went with him to the person who discounted it, Mr. Troughton—he requested the broker to get him the money in bullion; in hard cash—he said he wanted it for shipment—I don't think he said where.
SIMON REUTER . I discounted this Bill of Exchange for 4,000l. for Mr. Troughton, a bill broker—the prisoner was not present—I see him to-day for the first time—I gave a cheque for 4,000l. for it, and the next day Mr. Troughton returned me the discount.
Cross-examined. Q. From whom did you receive the bill? A. From Mr. Troughton—I do not see him here—I have discounted for him once or twice—next day he gave me a cheque for 93l. for the discount—I did it at the bank rate, 9 per cent.
JOHN ROWLAND GIBSON . I am surgeon to the gaol of Newgate—I have examined the prisoner's leg since he has been in Newgate—I have not discovered any indication of a fracture, or of any pieces of bone having exhuded from his leg as late as April last.
Cross-examined. Q. Is there a wound in his leg? A. No, not at the present time, nor a bruise—there is a mark of some wound having been there; a superficial wound; a wound affecting the skin—I have not examined his face.
COURT. Q. When did you first examine him? A. On 8th June—supposing any pieces of bone had come away from his leg in April last there would have been marks that I could have clearly distinguished.
MR. KEMP. Q. Are there not upwards of thirty marks of wounds or bruises about his body? A. I am quite unable to say; he has certain superficial sores about his body—I examined his leg with a view to ascertain whether any bone had come from it, and there were no marks indicating that any bone had come from him—there are superficial sores about him and on his legs.
ROBERT PACKMAN . I am a detective officer—I was in company with Spittle, another officer, when he took the prisoner into custody on 18th May—I searched him—I found on his person 6l. 4s. 10d., and in a portmanteau 49l. 14s. 3d.; a deposit-note of 12th May for 1,100l. of a bank at Stockton-on-Tees; also a pass-book—I have not got them here—Mr. Lewis, the solicitor has them—I am not quite positive whether I found this paper or not—I found this deposit-note for 3,800l.
GUILTY .— Six Years' Penal Servitude.
MATTHEW SMITH . I live at Shaftesbury-terrace, Kensington—the prisoner was housemaid in my service—on 10th April last, on going to bed, I went to a drawer in my bedroom to put some papers away—I found the lock had been tampered with—after some time I succeeded in opening it, and on examining my money I missed a 10l. note, and three sovereigns—there had been 83l. there, 70l. in notes, and thirteen sovereigns—I spoke to the female prisoner about it a day or two afterwards; after I had made inquiry about the matter—I told her and the other servant that this money had been stolen from my drawer, and asked if they knew anything about it—they both said they knew nothing about it—the female prisoner had given warning to leave a few days before this—I had received the notes from Messrs. Price and Boustead—I had paid away some of them—I have here a memorandum of the numbers, which I made at the time—I received five 10l. notes—Nos. 69,311 and 69,314 were the notes remaining in the drawer—I had paid away two of the notes to my daughter, Mrs. Wilson, who lives with me—they were Nos. 69,316 and 69,317, and the note lost was 69,315.
JOSEPH HENRY TAYLOR (Police-sergeant, T 12). I made inquiry at the Bank about the missing note—this (produced) is it—I afterwards saw the male prisoner on 20th June—I told him he had changed a 10l. note in Farringdon-street, at the Crown and Anchor public-house, on 10th April, and I wished to know how he became possessed of it—he said it was his and his wife's earnings—I said, "Who did you receive the note from?"—he said, "My wife"—I took him to the station, and afterwards went to his wife, who was in a situation, in Upper Phillimore-gardens, Kensington—I told her that her husband was at the station; that he had chaged a 10l. note in Farringdon-street, which he stated he had received from her, and I wished to know from her how she accounted for the possession of it—she said, "I know nothing about it; I never gave him a 10l. note"—I then took her to the station—on the way, she said, "I shall tell the truth all about it; I received the 10l. note from the cook to get change"—the note was afterwards produced before the Magistrate—I asked the male prisoner how he accounted for giving a false address,—"John Langley, King-street, Hammersmith," was on the note—he said his uncle put that on it.
John Langley. I stated to the officer that I was in drink at the time, and I really did not know what I told my uncle to put down. Witness. He did not say so.
Emma Langley. I should have told the officer the truth, but he asked me questions before the lady where I lived.
Witness. Her mistress was present—I preferred that what I said to her should be in the presence of somebody.
THOMAS DAY . I kept the Crown and Anchor public-house, in Farringdon-street—on 10th April, I received this 10l. note, I believe, from the male prisoner—I told him he must put his name on it—his uncle was with him at the time, and he said, "It is all right, Mr. Day"—I handed the pen and ink to him, but whether he put the name to it himself or his uncle, I do not know—I did not see it done.
John Langley. Q. Was I not in drink at the time? A. I can't say.
came to my house with his wife, to introduce her—he had been lately married—after being there some time, he asked if I could get him change for a 10l. note—we went to Mr. Day's, and he gave him change, knowing me—he tried to write his name on the back of the note, but could not—he had been drinking for a few days, and he asked me to write it for him—I wrote "John Langley," and then said, "Where do you live?"—he said, "2, King-street, Hammersmith," and I wrote that for him—he was not tipsy at the time; he might have been drinking for a day or two previous, his hand was very unsteady—he knew what he was about—I asked him, "Where did you get this from; have you been doing anything in the betting way?" and he said, "I do a little that way."
ANNA BELL . I am cook to General Smith—I never saw this note at all—I remember my master speaking to me about the loss of some money—I did not give any note to the female prisoner. Emma Langley. I can only say she did.
JOSEPH HENRY TAYLOR (re-examined) After the prisoners had been remanded, I went to their lodgings, at Lower Phillimore-place—I found twenty keys there—I have them here—one of them is filed into a skeleton key—it does not fit the prosecutor's drawer—on cross-examination by the female prisoner, she said to the witness Bell, "You know you had part of the money;" and she also said, "I should never have thought of such a thing, if it had not been for you."
JOHN LANGLEY— NOT GUILTY .
EMMA LANGLEY PLEADED GUILTY .— Confined Nine Months.
JOHN LANGLEY— NOT GUILTY .
MR. LEWIS conducted the Prosecution, and MR. BEST the Defence.
JEAN BAPTISTE DEBERG (through an interpreter) I carry on business as a flax merchant, at 22, Charles-street, Dunkirk, in partnership with Mr. Dedris, senior—I first saw the prisoner Driesshe about six or seven months ago—he said something to me about credit; I refused to give him credit—I afterwards received this letter, dated 20th May, and sent some samples of trifling value—on 26th May, I received this other letter, and another one on 30th May, and on the 1st of June—when I received the second letter, I sent up 3,549 francs' worth of goods; and about eight days after that, I sent about 9,000 francs' worth—I sent a bill of lading in a letter with the goods—I came over with the second lot of goods myself, and went to 8, Lawrence-street, Bloomsbury—I found no one there—on the next day, I saw Coijamans, and told him to tell Scholmanns that, unless he called upon me, he would not have the goods—he said that Scholmanns was the manager of a spinning factory—he said he would send a despatch to Scholmanns, at Manchester—he did not say where the spinning factory was; he simply said that he had three or four spinning manufactories—Coijmans said that he was a servant—I afterwards saw the first lot of goods I had sent, at Mr. Reed's ware-house—I sent over the goods on the faith of those letters, believing there was a firm of Scholmanns and Co.
bringing me this bill of lading (produced)—it had the indorsement of Scholmanns and Coijmans on it then, as it has now—Coijmans said I was to attend to the goods, and clear them through the customs, and he would call the next day—this was about 8th June—it is a bill of lading for 215 baled, weighing 8,750 kilos.
WILLIAM GEORGE BARKER . I am a market-clerk to Messrs. Noble and Co., brokers, George-yard, Lombard-street—I recollect seeing Driesshe about the purchase of some flax—I saw him at a public-house in Macclesfield-street, and I afterwards, on 9th June, bought some flax tow of a person named Clarez—I purchased it on Mr. William Reed's account, and delivered it to him.
Cross-examined. Q. What is that document you have there? A. One is the contract, and the other is the invoice—the contract has the price on and the qualities—they are the regular price—I purchase of Noble.
LUCY MARY O'BRIEN . I keep a lodging-house, at 8, Lawrence-street, Bloomsbury-square—I know the prisoner Driesshe as Scholmanns—he came there and took a furnished bedroom at five shillings a week—that was about nine weeks ago—it was on a Friday—about a fortnight afterwards, the other one came, and occupied a room on the same terms—his wife was with him—the prisoners were on terms—they called each other "my friend"—they generally took their meals together, in the second-floor back, Mr. Driesshe's room—I recollect some flax coming—that was a little time before Coijmans came—I only knew him by the name of "Charles" then—I took the flax in, and paid sixpence for it, which was returned to me—I afterwards gave the flax to Driesshe, and he put it in the cupboard—I afterwards saw the prisoners take it out, and put it in fresh paper—it came in brown paper, and they took it out in blue.
Cross-examined. Q. They did not live together in one room, did they? A. No; one in the first-floor back, and the other in the second-floor back—they had visitors while they were there—there was not a person named Clarez came—they told me if I was to see him, I should not forget him, he is so large—I never saw any one of any extraordinary size there—I saw a very small man there, who I see in the gallery, looking at me now—I found Scholmanns (Driesshe) sober, quiet, and he paid his rent—there was a man named Jerrard there sometimes—he lives in Compton-street, I believe; and there was a thin, attenuated man.
GEORGE MOLYNEUX (City-detective). I was present when the prisoners were apprehended, and saw them searched—a telegram, some letters from France, and 61/2d., two duplicates, and two portmonnaies, were found on Driesshe—I did not see the other prisoner searched—Spittle, who searched them, has gone away.
J. B. DEBERG (re-examined). These are the letters that accompanied the flax, and these are some of the answers to the other letters, but not all.
Cross-examined. Q. Do you know anything about this large fat man? A. Yes, there is such a man. I believe—I should say he is not the master man of the lot—I should say he has not been dealing with some of these goods.
JAMES MCLEOD (City-detective). I have been to Blackwall, and I have searched in every direction for Scholmanns and Co.'s steam factory—there is not such a place—I found one of these blank steam factory papers at Coijmans' lodgings—I searched a room which was pointed out to me by Mrs. O'Brien.
DRIESSHE— GUILTY .— Confined Twelve Months.
COIJMANS— GUILTY .— Confined Nine Months.
The following prisoners PLEADED GUILTY:
653. ALLEN CUNNINGHAM (34) , embezzling 5l., and stealing an order for 22l., the moneys of Richard Roy and others, his masters.— Four Years' Penal Servitude. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, July 11th, 1864.
Before Robert Malcolm Kerr, Esq.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
JAMES BRANNAN . I have been an inspector of police, and am now employed by the Mint under the sanction of Sir Richard Mayne—I went to 4, Gilbert's-buildings, Islington, with Inspector Fife and Sergeants Leather and Elliott—I placed myself at the front-parlour window, while Fife and Elliott forced open the parlour door—I looked in at the window and saw the male prisoner in his shirt sleeves stooping over a bright fire, and the female prisoner was stooping; I could not see what she was doing, but she seemed employed—they must have touched one another—Isaac had something white in his hand, wrapped up in this pad (produced); it is an article used by coiners as the mould becomes hot when the metal is poured in—he threw down something white on the floor which appeared like plaster of Paris; the mould separated, and I saw something white drop from it—he stamped on the plaster, and I then raised up the window—Sergeant Leather got in by the window, and Fife broke the parlour door in—I collected the dust from the floor; it was plaster of Paris—I saw the female take something off the fire, which I believe to be this iron spoon, bent in the form of a ladle; she ran from the fire and put her back against the door which Fife was forcing open with a sledge hammer, the force of which pushed her nearly to the middle of the floor—I saw Isaac take something bright from the corner of the table, and throw it on the fire—I took a bucket of water and threw it on the fire, which put it out—I then searched the cinders and found three sixpences, quite hot and unfinished; also this get, which was so hot that I could not hold it—I also found some white metal such as is usually used in coining, and this piece of antimony, which is used to increase the weight and give it a clear ring—I found some wash, and all the necessary implements for coining—I found this sixpence on the mantel-shelf with plaster of Paris in it, and in the fragments of what he threw down I found some metal quite hot—we also found some plaster of Paris in powder and pieces of glass on which moulds are made—I found some white sand in
the water-closet in cups, also a mould for making sixpences, but not corresponding with the sixpences found—the female prisoner was exceedingly violent.
JOHN FYFE . I went with Brannan to the prisoners' house—I forced the parlour door and pushed the prisoners back—I found three bad sixpences on the floor, two bad shillings on the table, and a jar on the table containing three bad sixpences in solution.
WILLIAM WEBSTER . This is a mould for sixpences, which has not been used—here are three unfinished sixpences of 1846, all from one mould—this good sixpence is the pattern which made the mould; it has been much in circulation—these three sixpences found on the floor are bad, and from the same mould—the three found in the jar are bad, but from a separate mould—these shillings are also bad—I have no doubt that these unfinished sixpences were made in the mould which was broken—the get is the aperture of the mould which holds the surplus metal—antimony is used in coining, and acid also—(Eleanor Boniface produced her marriage certificate dated November 12th, 1864, to which the name of Robert Charlton appeared as a witness, and the case was postponed for an hour at prisoner's request, and Charlton sent for).
JOHN COOK (Police-sergeant, S 8) I have been to West-passage, Somers-town, and found that a man named Reece Charlton lives there—he was not at home, and his wife could not tell me when he would be, as he attends sales—she has no knowledge of the prisoners.
Prisoner Eleanor. He has been married since then, and of course his wife does not know.
JAMES BRANNAN (re-examined). I was present at the trial of Isaac Knight and Eleanor Knight in 1856 (See Sessions Paper, vol. 44 page 791)—I took them in custody; the prisoners are the persons—to the best of my recollection the woman stated then that she was married to the man in the name of Knight.
Prisoner Isaac. I was in Liverpool in 1856—I married my wife on 12th November, 1860—I was living in East-street, and had lived there four months before—I left, I think, in 1857—I lived there thirteen months with my present wife.
GUILTY .**— Ten Years' each in Penal Servitude.
MESSRS. CRAUFURD and M. J. O'CONNELL conducted the Proscution.
JOSEPH BUTT . I keep the Lord Nelson at Chelsea—on 9th June, I was standing at my door, and saw the prisoner come across, walking as a cripple, with a man who appeared to be intoxicated; they came in, and the prisoner asked if I sold rum—I said, "No"—he called for a pint of six ale, which came to threepence, and gave me a half-crown and three halfpence—he pretended to be intoxicated, picked up the half-crown again, and threw it on the zinc counter—I put it in my teeth and it bent; I took away the ale and said, "I shall not give you the half-crown"—the other man said, "Why do not you come away; you know you have done wrong?"—I got a constable
and gave him in custody with the half-crown—the other man ran away.
PATRICK O'CONNOR (Policeman, B 58) On 9th June, about a quarter to 8, Mr. Butt gave the prisoner into my charge about a hundred yards from the Lord Nelson, with this half-crown—I saw no man run away—I searched him at the station and found a threepenny piece and twopence—I asked him his name and address—he said "John Smith, Lambeth," at first, and a second or two afterwards he said, "Henry Wilson, 37, Castle-street, Holborn," and next morning he gave his name to the sergeant as "John Day, 2, New-street, Webber-street, Blackfriars-road—I went to 37, Castle-street; he was not known there—I then went to Webber-street, and he was known there in the name of Day—he was sober, but he acted drunk.
Prisoner. I was some feet in advance of the prosecutor, and I spoke to you first. Witness. The prosecutor spoke to me; you were with him side by side, but you did not speak, you only knocked against me—you were quite sober.
Prisoner's Defence. I had been with a friend to Ascot with forms to stand on and ginger-beer. We came up that day to get a fresh supply; we divided our money and this half-crown came to my share. I tendered it, and the man said it was bad, and having taken some drink, I was a little confused. I should have given my right address but for the damage it would do meat my place of work. I afterwards thought it was more straightforward to give my right address.
NOT GUILTY .
MESSRS. CRAUFURD and M. J. O'CONNELL conducted the Prosecution.
WILLIAM HART . I shall be thirteen next birthday, and I live with my parents, at 12, Sherwood-street—on the last day of May, about half-past 10 in the morning, I was on Bow-common, and the prisoner asked me to get half an ounce of tobacco and he would give me a halfpenny—he gave me a shilling, and I went to Mrs. Wallace's, who gave it back to me, and I returned to the prisoner and told him that the lady said that it was bad; he put it in his trousers pocket and I went away—I saw a constable come near and the prisoner threw half of a shilling down—I picked it up and gave it to the policeman.
Prisoner. I never had that half shilling at all, you had it in your waistcoat pocket, and took it out and gave it to the policeman. Witness. I picked it off the grass—I saw you take it out of your trousers pocket, and chuck it behind you—you had two—you tried to straighten one, and it broke.
JOHN BUCK . I live with my parents near Bow-common—I shall be thirteen in August—on the last day of May, I saw the prisoner on the common before dinner time—he asked me to go and get him a pint of beer—I said, "What will you give us?"—he said, "I will give you three half-pence "—he gave me a shilling, and I went to the Masons' Arms, called for a pint of beer, and Mrs. Cornwall gave the shilling back to me—I took it back to the prisoner, and said, "Mrs. Cornwall says it is a bad shilling"—he took it up and put it in his trousers pocket—I saw him later in the day, and pointed him out to Mr. Pickett.
Prisoner. Q. Did not you know that the shilling was bad? A. No.
ANN CORNWALL . My husband keeps the Masons' Arms—on the last day of May Buck came in for some beer, and gave me a bad shilling—I bit it and made a mark on the side of the head—this is it—I then handed it back to the boy and told him it was bad—it was about half-past 10 in the morning.
ALFRED CHINNOCK . I live with my parents in Sherwood-street, near Bow-common—on the last day of May, I was on the Common about half-past 10 o'clock, and saw the prisoner—he said, "Just buy me half an ounce of tobacco," and gave me a shilling—I went into the Co-operative Stores, and gave the shilling to the little girl Carpenter—she gave it back to me—I went back to the prisoner, and told him that the little girl told me it was a bad one—he put it in his trousers pocket.
SARAH CARPENTER . I am thirteen years old, and live with my parents at the Co-operative Stores—I remember the little boy coming for half an ounce of tobacco, and giving me a bad shilling—I gave it him back—I should not know it again.
JOSEPH PICKETT (Policeman, K 170). On 31st May Burke pointed out the prisoner to me—I took him and asked him what he had done with the shilling he had given to the boys to change—he took it out his trousers pocket and produced it—I also received a half crown and a shilling from Hart.
Prisoner's Defence, I picked up the shillings on Bow-common on the grass—we had a little fire there and were warming our hands.
COURT to JOHN BUCK. Q. Was there a little fire on the common? A. Yes; I do not know who made it, but the prisoner was at it—I did not see Hart come back with the shilling—I never saw it till I got it from the prisoner.
COURT to ALFRED CHINNOCK. Q. Were you at the fire? A. Yes; the prisoner gave me the shilling in the presence of the other two, but I had not seen it before he gave it to me.
GUILTY .— Confined Three Months.
The following prisoners PLEADED GUILTY:—
659. ROBERT CASE (39) , to unlawfully sending to Newgate-market 300l be of meat, unfit for human food.— Confined Six Months, fined 50l., and to be further imprisoned until the fine be paid. — [Pleaded guilty: See original trial image.]
REMINGTON PLEADED GUILTY to uttering only.— Confined Twelve Months.
BARNES and JOHNSON.— [Pleaded guilty: See original trial image.] Confined Two Years' each.
MR. SLEIGH offered no evidence on Two Counts; to the Third Count there was a demurrer; judgment was entered for the Crown, and the defendant entered into recognizances to appear and abide the judgment of the Court when the point should be decided.
OLD COURT.—Tuesday, July 12th, 1864.
Before Mr. Recorder.
MR. SOLICITOR-GENERAL with MR. SLEIGH conducted the Prosecution; MR.
BESLEY the Defence.
ANTHONY CARR . I am a solicitor in Rood-lane, and am a London Commissioner for taking affidavits—previously to the present year I had known the prisoner—I knew him when he was a clerk at Mr. Holloway's, who was a client of the firm in which I was a partner—he used to bring letters from Mr. Holloway and take answers back—on 20th May he called upon me with Mr. Sack, and produced this deed and an affidavit, and he asked me as a London Commissioner to swear Mr. Sack to the affidavit—he asked me at the same time if I would have any objection to attest Mr. Sack's signature to this deed as an attorney—I asked him if Mr. Sack had any other solicitor—he said that there was no other solicitor employed, and knowing something of him, I did not object to attest the execution of the deed by Mr. Sack—the deed was not then in the same condition as it is now with reference to the word Becker, Mr. Becker had not then executed the deed, and the words, "Philip Becker and," were struck out of the attesting clause in my office, and I attested the name of Sack—the initials here A. C. are not in my handwriting—I did not give the prisoner or any other person any authority to affix those initials—the name here, "Anthony Carr," is not my handwriting—my name appears here in two places in which it has not been written by me—this is not my handwriting (Read: "Deed or instrument referred to in the affidavit marked with the letter A made before me, this 30th day of May, 1864, Anthony Carr, Commissioner for administering affidavits in Courts of Chancery,"—this writing on the back is not mine either—from the day I attested the deed I never saw it again till now, and I did not see the defendant again until the Registrar of the Court of Bankruptcy made an official communication to me—the signature "Anthony Carr," to this affidavit marked B, is not my handwriting, nor has it been affixed with my authority—this signature to the certificate underneath the schedule is not my handwriting (Read: "Bankruptcy Act of 1861, Philip Becker and Hermanu Sack, carrying on business at 38, Endell-street, Bloomsbury, provision merchants, make oath and say as follows," it purported to be signed by Philip Becker and Hermann Sack, and the attesting clause was as follows: "Sworn by both the deponents at my office, 25, Rood-lane, in the City of London, this 2d day of June, 1864, before me, Anthony Carr, a Commissioner for administering oaths in Chancery.")
Cross-examined. Q. That which has just been read is not the affidavit which the prisoner brought when he brought this deed? A. It is not—I only swore one of the parties to the deed; it would be altered accordingly—it is a short form of deed in compliance with the provisions of the 192d sec. of the Act—I compared it with the copy—the prisoner read the original, and I took the copy—I made the alterations in the copy—I think the prisoner altered the attesting clause—he struck out Becker's name in the deed, and I did it in the copy—it is not an ordinary thing for a person to bring another to swear to a composition deed—I only know of one case before this in my experience—I was appointed just after 1861—composition deeds are very common now—there were a great many signatures attached to this deed when it was brought to me—I could not say whether these names were all there then—the majority of them were certainly, if not all—such affidavits as these require to state the amount of assets; if the prisoner had made a mistake, and not set out the assets, and had come back and
altered it, I should, probably, not have charged him, if it had been on the same day, I should have excused the fee—the fee is very small, one shilling and sixpence for each oath administered—the signature to this affidavit is very unlike mine—they are both very unlike my signatures—I think it resembles the writing of the body of the document—it is desirable to have the creditors' names on the face of the deed.
MR. SOLICITOR GENERAL . Q. Do you know anything about the signatures of creditors, except from there being some red wafers here? A. That is all—I don't know that they were written by the creditors—supposing a fresh affidavit altogether was brought to me, I should make a fresh charge—any alteration would be initialled—I believe it is very unusual to be requested to attest the execution of deeds of this kind—I have only once been asked to do so before.
CHARLES HANSARD KEENE . I am a registrar in the Court of Bankruptcy, and am at the bar—I remember the prisoner coming to my office in Quality-court—I believe it was on 27th May—he brought me a deed, which I believe to be this one, but I had not occasion to look at it—he brought me this one again on a subsequent occasion—I find here, "Philip Becker," struck out, and subsequently "Philip Becker" added—there is a seal opposite each name—it would appear as the deed now stands, that it had been executed by Becker and Sack—the initials A. C. are immediately over the P in Philip—I returned the deed on 27th May, and subsequently kept it—on that day the prisoner brought to me a registration-stamp of ten shillings, and an affidavit verifying a deed which I believe to be this deed; immediately on his presenting to me the papers, I noticed that there was a blank where the amount of property distributable under the deed ought to have been inserted, and I drew his attention to that fact, and told him that I could not take the papers, that it would be necessary for him to have the amount filled in, and that the debtor should be taken to the commissioner, and the affidavit re-sworn—he took the papers away, and brought them to me again about ten minutes afterwards—I asked him whether that affidavit had been re-sworn, and he told me that it had—I asked him whether he had taken it to Mr. Carr, and, I believe, he first told me that he had done so—I reminded him that Mr. Carr resided at 25, Rood-lane, and that having regard to the distance between Quality-court and Rood-lane he would not have had time to have gone there and returned, and I also brought to his notice the fact that the ink was not dry—he then said that he had by accident met Mr. Carr at the law stationer's in Quality-court—that the amount had been inserted in the affidavit, and that the insertion had been initialled by Mr. Carr—I noticed that the initials A.C. were placed in the margin immediately opposite the alteration—as there was no evidence on the face of the affidavit that it had been re-sworn I returned it to the prisoner for the purpose of having it re-sworn—I gave him back the deed, and he took all the papers that he had brought—he came again to me a day or two afterwards, and brought the affidavit, which is the subject of this indictment, marked B—I believe this is it (produced)—this contains the statement as to the the amount of composition—I looked through all the papers which he brought with this, and found that they had the appearance of being correct—I noticed that the certificate, which appeared upon the copy deed, appeared to have been signed by Mr. Carr himself—this is it—"I hereby certify that the above is a true copy of the composition-deed, made by Philip Becker and Hermann Sack, of Endell-street, Bloomsbury, provision merchants, and I further attested the said deed as their
solicitor. Anthony Carr." The copy corresponds with the original—it would appear to have been executed by Becker as well as by Sack—the documents the prisoner brought were technically correct—I compared the signature to the exhibit, which appeared on the copy-deed, with the signature of Mr. Carr at the foot of this certificate, and they appeared to be in the same handwriting—I then asked the defendant whether the name of Anthony Carr, which purported to be only a copy of his signature to the exhibit on the original deed, was in Mr. Carr's handwriting, and he told me that it was—I then asked him if he understood my question, as I told him it was most unusual for the solicitor signing the certificate to sign also the copy exhibit—then he told me that they were all in the handwriting of Mr. Carr—I believe I then showed him every signature, and asked him whether he was certain that all of them were in Mr. Carr's handwriting, pointing to them one by one, and he told me they were—I then impounded the deeds—I saw the defendant five or six times altogether.
Cross-examined. Q. The affidavit that was presented on the first occasion was returned to him? A. Yes; the informality was, not having the amount of the composition—previous to 20th May, there was an order of the Court of Bankruptcy that the signature of the debtor should be attested by the solicitor—that was under the Act of Parliament—the recent order is, that deeds should be presented by a solicitor to the chief registrar—before that order, a great many deeds were presented by persons who were not solicitors, the debtors themselves occasionally—on an average from twelve to fourteen deeds a day are registered.
JAMES RUSSELL MILLER . I am a solicitor, in partnership with my father—some years ago, when the firm was Miller and Carr, the defendant was in the habit of coming to our office frequently; nearly every day—he was in the employment of Mr. Holloway, who was a client of ours—I became acquainted with the defendant's handwriting, and I know Mr. Carr's handwriting—the initials, A. C, on this deed are not in the handwriting of Mr. Carr, but they are in the handwriting of the prisoner—the words, "Anthony Carr," on this part of the document are not in the handwriting of Mr. Carr, but they are in the handwriting of the prisoner—this, "Anthony Carr, a commissioner for administering oath in the High Court of Chancery," is not in the handwriting of Mr. Carr, but it is in the handwriting of the prisoner—the whole of these others are in the handwriting of the prisoner.
Cross-examined. Q. Is it in the usual handwriting of the prisoner? A. Yes; there is no attempt at disguise—I have known him some years—I believe he has lately taken up the business of an accountant, since he left Mr. Holloway; he was correspondence clerk there, and attended to all the law business—he has always been an upright, honest man since I have known him—Mr. Holloway reposed great trust in him—I have been in practice some time—I know that composition deeds have become very common since 1861.
MR. BESLEY objected to the indictment on the ground that the 27th Sec. of 24 and 25 Vic. c. 98, required that a forged document, or record of a Court, should be used, or intended to be used in a Court, and that there was no evidence in this case to show that the affidavit was used, or intended to be used in the Court of Bankruptcy, there being no proceedings or suit pending.
THE COURT considered that there was evidence to prove that the affidavit was intended to be used in the Court of Bankruptcy.
GUILTY, strongly recommended to mercy by the Jury .— Confined Two Months.
MR. COLLINS conducted the Prosecution.
THOMAS WARREN . I am cashier at the Union Bank of London, Princes-street—John Scott, and others, are the trustees of that bank—about 3 o'clock, on the afternoon of 29th June, Minchin came into the bank, and presented to me this cheque—(read; "The Union Bank of London, Princes-street, E.G. June 29th. Pay myself, or bearer, John Watts, the sum of 15l. for value received. Charles Wilson, 65, Basinghall-street, City. John Watts.") We have a customer of the name of Charles Wilson, 65, Basinghall-street—for some reason I did not pay the cheque, and I communicated with the first cashier, Mr. Robinson—we asked the prisoner to take a seat, which he did, and we sent for Mr. Wilson—I did not know the prisoner at all.
COURT. Q. How long did he remain at the bank? A. About ten minutes—he must have seen that we had some doubt about the cheque—there was no attempt to get away whatever.
GEORGE BEKE ROBINSON . I am head cashier at the Union Bank—the last witness showed me this cheque, and asked my opinion of the signature—in consequence of that, I went to Minchin and asked him whether he had presented that cheque, and he said he had—I asked him who he received it from—he said, that Mr. Watts, of West Ham, gave it to him to present for payment—I asked him to take a seat for a few minutes—he sat down, and then he got up and went towards the door—he did not attempt to run away—he waited there till the detective came.
COURT. Q. About how long did he wait in the bank? A. About a quarter of an hour—he sat down, and then got up and walked about, and walked towards the door, and then sat down again.
GEORGE SOOTT (Dectective-officer) About 3 on the afternoon of 29th June, I was called to the Union Bank, and saw Minchin there—I was in plain clothes—the cheque was shown to Mr. Wilson, who came in soon afterwards; he said in Minchin's presence that it was a forgery—I asked Minchin where he got it from—he said, "From a man named Watts"—I asked him where Watts was; he said he was waiting for him at the end of the street—I took him into the street, and he pointed out Somerville to me—I went up to him, showed him the cheque, and asked him if he gave it to the other man—he said, "I did"—I then asked him if the "John Watts" on the cheque was his signature; he said it was—I then told him that I was an officer, and should take him into custody for forging and uttering that cheque—he said, "Oh! it is a mistake; the fact of it is my name is not Watts, but I got it from a man of the name of Watts"—they were both taken to the station, charged, and asked by the inspector what they had got to say—Somerville said, "Watts was waiting for the produce of that cheque at the Royal Exchange"—I then accompanied him to the Royal Exchange, but he pointed out no person to me; he said he could not find any one, and I took him back to the station—I asked Minchin if he knew another person named Watts, and he said, "No;" he knew no other than the prisoner—he said Somerville went with him to the bank, and pointed out a cashier to whom he should give the cheque, stating as his reason for not going, that it was a remittance he received quarterly, and the last time he got his money he owed the cashier 4l., and being in needy circumstances, he could not afford to pay him now.
have an office at 65, Basinghall-street—this cheque is not my handwriting; I authorized no person to sign it—it is an indifferent imitation of my handwriting; the first letter, C, is a pretty fair imitation—I bank at the Union Bank—I sign my name on the stamp paper, and from circumstances which I shall not mention, I am called upon to put my initials on the back of my cheques—the man who calls himself Somerville was in my employ as clerk about nine years ago—I did not put my initials on my cheques then—I do not think he was with me under the name of either Somerville or Watts; it may have been Watts, certainly not Somerville—I know his handwriting; I believe this cheque to be his handwriting—I should not have remembered it, but there were circumstances which impressed it on my mind at the time.
Somerville's Defence. About a week prior to 29th, I met a man named John Watts, a total stranger to me; he asked me if I was out of employment, and that he could put a pound or two in my pocket. I said, "How?" He said, "Will you present a cheque for 15l. at the Union Bank?"—I said I would. Two or three days after, I met him in the passage of some office in Basinghall-street, and he gave me that cheque. I met this man, who seemed to be in a distressed state, like myself; we talked together, and I said he should have 1l. if he would take this cheque in for me He knew nothing about Watts; he was waiting at the Royal Exchange, and when I went there with the constable he was not there; he most likely saw us, and went away.
SOMERVILLE.— GUILTY .— Five Years' Penal Servitude.
MR. LILLEY conducted the Prosecution, and MR. MONTAGUS WILLIAMS the
JOHN KEAR . I live at 4, Carlton-chambers, Regent-street, and am a furrier—about a quarter-past 12, on the morning of 23d May, I was passing through Cranbourne-street—I had had a little drop to drink, but nothing out of the way; I knew what I was doing—as I was passing along some persons came up to me, one on each side, and shoved against me, and one felt me round my body—I don't know him—a man named Moran struck me—I lost nothing, out of my pockets—I called out for a policeman, and one came up, and took Moran in charge—Moran struck me in the mouth, loosened one of my teeth, and knocked me down—I got up as quick as I could—I was so upset I could hardly tell how I got up.
Cross-examined. Q. Moran has been convicted, I believe? A. Yes. (See Vol. 59, page 127.)
WILLIAM GORDON (Policeman, C 33). Soon after midnight on the 23d, I was on duty in Cranbourne-street—I saw the prisoner, another man, and Moran, standing together there—I saw the prosecutor going along, and he appeared to be drunk—the prisoner and the man not in custody went on each side of him, and shoved against him, and Moran went in front, and rushed against him—they did that twice, and then they all three stopped and talked together—the prosecutor still continued going along—I went across, and stood at the corner of a court, and I heard one of the three say, "Come on; he is right"—the prisoner and the other man then pressed against the prosecutor again, and Moran, after getting two or three yards in front of him, returned back, struck the prosecutor, and knocked him down—the prisoner was then close by, and when the prosecutor was on the ground he
took him by the arms, and pinned him behind—I had them in sight from the time they came from Leicester-square, about ten minutes altogether—Moran knocked the prisoner down just by a hoarding which is there—the prosecutor called out, "Police."—I came up at the moment, and laid hold of Moran and the prisoner—the other man was some yards off, and be took to his heels—I laid hold of the prisoner, and pulled his paper collar off his neck, and he made his escape—I secured Moran—I did not see the prisoner again till he was apprehended on Saturday last by Sergeant Shore of the F division—I gave a description of him after this, and his name—I knew him before well.
Cross-examined. Q. You say all this jostling was going on for some ten minutes? A. Yes; I did not go up to them till the prosecutor was knocked down—there were no other persons with him when he was identified—I knew him so well before.
MR. LILLEY. Q. How long have you known him before? A. Since May this year—from the beginning of May.
JOHN SHORE (Police-sergeant, F 11). In consequence of information, I apprehended the prisoner—I went to his place, but he was not there; I was looking out for him for about a month—I took him last Saturday about 2 o'clock—he asked me what I wanted him for—I told him I was going to charge him with being concerned with a man named Moran, who had been convicted for assaulting a man with intent to rob him, in Leicester-square—he said he hoped he should have fair play—he said he knew that he lived in the same house with a man who was convicted at the time of the assault, and that he was with him on the night he was taken, but he had left him half an hour before he was taken in some street in Leicester-square—I forget the name he said—he said he then went home with a woman, and stopped with her all night, and he said he could prove it.
GUILTY .**†— Six Year's Penal Servitude.
ELIZABETH SMITH . I am a widow, living at Manchester-terrace, Millwall—I was present on 31st August, 1852, when the prisoner was married to Amy Patrick at Mr. Colton's, the registrar-office—I put my mark as a witness—I know Amy Patrick—I saw her just this minute in Court—she lived with the prisoner twelve years—he left her the day before Good-Friday this year—they lived together up to that time (certificate read).
Prisoners Defence. On 31st August, 1852, we went to Mr. Colton's office—he said we should have to wait two or three days—I said I was going up to London, and it must be done then, and then he said he supposed he must do it as well as he could, and he read a part of the service—there were only two lads there—he never put the ring on at all—I had it in my pocket, and I put it on when we came out in the street—I thought it was a very peculiar sort of marriage—she went back the next day, and asked him if it was right, and he said "Yes," and wrote out that certificate.
GUILTY .— Confined Six Months.
MR. CROOME conducted the Prosecution, and MR. F. H. LEWIS the Defence.
THOMAS CHANDLER . I am a surgeon at 74, Sun Street—the prisoner came into my employ in January last, and staid till June—his duties were to dispense medicines and to visit patients in my absence, and when I sent him—on 14th June he was as usual in the shop in my employ—I have a consulting-room behind the shop—I left the shop on that afternoon a few minutes before 4—the prisoner was then there in charge—I left 10s. in the till, in a little box concealed from everybody but the prisoner, and some small change in the till in the table-drawer in the consulting-room, which was locked—I left a cash-box containing 10l. in gold, and about 3l. 10s. or 4l. in silver—1l of that was in sixpences—I returned about 9 o'clock on that day—the prisoner was absent—I found only Jane Crisp, the servant, there—I found the 10s. gone out of the till; the other money was left—I found the key, which ought to have been in a place only known to the prisoner and myself—I had left it there—I was very busy then, but next morning I found two papers in the shop which I was sure I had left in my cash-box, and I went immediately to the drawer, and found it had been forced open, and all the cash taken out—the prisoner did not return; he ought to have stayed till 11, if I was out—I instantly gave information to the police—the prisoner's salary was a guinea a-week, with board, except breakfast—I had a character with him, which I find since was a false one.
Cross-examined. Q. I think he had half-a-crown for midwifery cases, had he not? A. Not as a regular thing; I gave it to him when I thought proper—when he was up at night I used to make him presents—he has absented—himself before, but only for one day at a time, and I found out it was, from drunkenness or illness—people can come from the street into the shop, and from the shop into the consulting-room, without any hindrance—there is a bolt on the door—if the prisoner left the house, it was his duty to put the bolt up—if he did not, the servant would—if it was not put up at all any one could get in—the key of the till was put inside a certain drawer in a nest of drawers.
MR. CROOME. Q. Is the door upon which this bolt is, protected in any way? A. There is a bell on the bolt—the bolt rings a bell—if the bolt was not put up the bell would not ring.
JANE CRISP . I am servant at Dr. Chandler's—on 14th June the prisoner left my master's shop about a quarter past 4—he said he was going to see a sick child, be should not be more than 10 minutes—I went and sat in the consulting-room till my master come home—a great many people came into the shop to see master—they did not stay.
Cross-examined. Q. How long were you in the consulting-room? A. Till master came back—I merely went down for a cup and saucer—I did not notice anything the matter with the drawer where the cash-box was, at that time—I answered anybody when the door opened and the bell rang—I was not away from the consulting-room a minute—I remained there from a quarter past 4 till about half-past 9, except when I went down to get a cup and saucer.
MR. CROOME. Q. Did any of these persons who called come further than the shop? A. No; they did not come into the consulting-room.
THOMAS SMART (City-detective) I received a communication from Mr. Chandler on 15th June, and went and examined the drawer of the table in his consulting room—I found it had been forced with something resembling a chisel—I afterwards went to No. 10 King Street, the prisoner's address, and saw a person who represented herself to be his wife—I kept a watch on
the house from that time at intervals up to the 22nd when I went to Paddington station and saw the prisoner make a motion to his wife, in consequence of which I went to him, walked behind him, and said "Mr. Viner"—he turned sharply round, and said "Yes"—I said, "I am an officer; I have to apprehend you for stealing 13l. 10s. from your employer—he said, "Very well"—I took hold of his arm at the time, and he said, "Don't hold me; I will go quietly with you"—we all got into a cab together, and went to the station—I searched him, and found in a purse in his pocket 8l. in gold, 11s. 10d. in silver, and a penny—the silver consisted of 12 sixpences and some shillings—on our way to the station in the cab his wife said, "Do settle it, Henry"—he said, "Shut your mouth; say nothing"—I produce a letter which I took from under his wife's dress at their lodgings.
Cross-examined. Q. Was that after the prisoner had been committed for trial? A. It was—I thought it my duty to go and search the boxes at the lodgings—I did it of my own accord.
THOMAS CHANDLER (re-examined) I know the prisoner's handwriting—I believe this letter to be his handwriting—I have seen him write (read:)—"My ever dearest wife, I trust you will overcome the trouble I have brought upon yourself and me. Will you forgive me? I can't think how I could have been so foolish, but will you meet me at Paddington, just outside the Royal Hotel, when I hope we shall be able to manage all things, but for God's sake don't let any one watch you or see this letter. You know if they caught me I should be ruined for life. Don't fail on Friday morning at 5 o'clock, yours faithfully." (no signature)—the key of the table-drawer I kept in my pocket—you could not see the drawer, it was at the further end of the room.
PLEADED GUILTY, †— Five Years' Penal Servitude.
MR. KEMP conducted the Prosecution.
HENRY WHITE . I am a gardener, and live at 34, Mortimer Street—in April last the prisoners took a furnished lodging at my house, and remained till June—they left on 17th June in consequence of a notice from me—this blanket, sheet, and counterpane (produced) are my property—I did not give them to the prisoners, nor authorize them to take them away.
Thomas Cheshire. His wife gave them to my wife.
Matilda Cheshire. They separated, and Mrs. White gave them to us.
MR. KEMP. Q. Where is your wife now? A. She is away—I do not know where she is—a subpoena has been given, but she cannot be found—the prisoners were the cause of her going away from me.
EDWARD ANDREWS (Policeman, G 300). I got these things from Mrs. Allaway in the Uxbridge-road, on Wednesday, 22nd June—before that I saw the prisoners go into the shop with them—the female took the things in—I went in after they came out, and afterwards took them into custody—they said the property was their own.
Thomas Cheshire. Q. Did I not say the things had been given to us? A. No; you said they were yours—that you had just married and were out of work, and were going down into the country.
prisoners came and offered me this blanket, sheet, and counterpane for sale—I gave 8s. for them—the prisoners were together—the officer came in as soon as I bought them.
Thomas Cheshire. Q. Did I come into your shop? A. You came to the step of the door.
The prisoners' statements before the Magistrate. Thomas Cheshire says:—"The things were given by Mrs. White to my wife—I was present at the time." Matilda Cheshire says:—"Mrs. White brought the things to me, and gave them to me."
NOT GUILTY .
MR. KEMP conducted the Prosecution:
ANN FINCH . I am a widow, living at 9, Little Somerset-street, Aldgate—on the night of 2d June I missed this property (produced) from my house—I saw it safe in the evening of that day at half-past 9, in the front parlour—I had been sitting in the kitchen at the back of the parlour—I have lodgers in my house—there was one moving at the time, and any one would have the opportunity of walking in.
ADAM LANGLEY (Policeman, H 93). On the night of 2d June, about 10 o'clock, I saw the prisoner in the Commercial-road with a bundle under his arm—as soon as he saw me he turned back into a little turning—I saw him set the bundle down behind a scaffold-pole—I stopped him, took him back to the place, and picked these things up—he did not say anything to me.
Prisoner. Q. How far was I from the things when you took me? A. About five yards, not further—I got another constable to hold you while I fetched the things—I searched you—I did not say, "What hive you got about you?"
Prisoner's Defence. I never saw the things before—he stopped me, and took me to the station. I never had the things in my possession. I had only just come out of doors.
GUILTY of stealing. *— Confined Twelve Months.
The following prisoners PLEADED GUILTY:—
671. THOMAS PARKER (40) , to unlawfully forging and uttering a parchment writing, purporting to be a petition for an adjudication in bankruptcy.— To enter into his recognisances to appear for Judgment when called upon. [Pleaded guilty: See original trial image.]
673. FREDERICK DENYER (15) , to embezzling the sums of 8s. 3d., 13s., and 11s. 3d., the moneys of Henry Gebhardt and others, his masters.— [Pleaded guilty: See original trial image.] Recommended to mercy by the prosecutor.— Confined Three Months.
674. JOHN HART (29) , to robbery with violence on Isaac Williams, and stealing from his person 1 metal ticket and 7s. 6d. in money, after a former conviction in November, 1860.*— Six Years' Penal Servitude. [Pleaded guilty: See original trial image.]
675. GEORGE McDONALD (24) , to stealing 1 watch, the property of George Taylor Benton, from his person, after a former conviction in November, 1863.— Confined Eighteen Months. [Pleaded guilty: See original trial image.]
676. THOMAS MABSON (35) , to embezzling 12l. 10s., 3l. 1s. 3d., and 3l. 0s. 6d., the moneys of John Paine Hunt and another, his masters.— Confined Twelve Months. [Pleaded guilty: See original trial image.] And
677. CAROLINE REYNOLDS (41) , to unlawfully obtaining 6 shifts, 4 petticoats, 4 bedgowns, and other articles by false pretences. [Pleaded guilty: See original trial image.] Recommended to mercy by the prosecutor. — Confined Three Months.
NEW COURT, Tuesday, July 12th, 1864.
Before Robert Malcolm Kerr, Esq.
MESSRS. CRAUFURD and M. J. O'CONNELL conducted the Prosecution.
HENRY SHRIMPTON, JUN . I live with my father at 17, Suffolk-street, King's-cross—on the evening of 14th June I met the prisoner in Northampton-street—he said, "Will you go up to that baker's shop, and get me twopenny-worth of currant cake, and I will give you a penny and a penny-worth of cake?"—he gave me a half-crown—I bought the cake at Mrs. Webber's, and she gave me the change and the cake—I took them to the prisoner, and he gave me the penny—I went home immediately, and my father went with me to Edmund-street—I saw the prisoner there, and pointed him out to my father, who ran after him.
GEORGE CHANNER . I am getting on for twelve years old, and live with my mother in Northampton-street—I met the prisoner about 9 o'clock one night in June at the corner of Northampton-street—he said, "Are you the little boy who went for my errand just now?"—I said, "No, shall I call him; he has just gone round the corner?"—he said, "No, let us see what I am wanting for supper; I want some bread; will you run up to the baker's shop and get some?"—I said, "Yes," and he gave me a half-crown—I went to the baker's—Mrs. Webber served me—I gave her the half-crown—she did not give me the loaf, as somebody who was in there said, "Here is another bad half-crown; a little boy has just been in with one."
CHRISTIANA WEBBER . I am the wife of John Webber, a baker, of Northampton-row—on 14th June Shrimpton came and gave me a half-crown which I put into the till—there was no other half-crown there—I gave him the change—I knew where he lived—when he left I found it was bad, and gave it to my servant, Eliza Mayor, to take to his father—she brought it back to me—while she was gone the boy Channer came in for a half-quartern loaf—he gave me a half-crown—I looked at it, and found it was bad—while he was there Mr. Shrimpton came in with the prisoner, who was given in charge with the two half-crowns.
ELIZA MAYOR . I am servant to the last witness—on 14th June she gave me half a crown—I took it to Mr. Shrimpton in Suffolk-street, and brought it back—this is the same—the boy Shrimpton came in while I was there.
HENRY SHRIMPTON (the elder). I am the father of the first witness—on 14th June the last witness brought me half a crown, and while she was there my boy came in—I asked him some questions, and in consequence of what he told me I went with him to the parcels office of the Great Northern Railway, where he pointed out the prisoner, who saw him, and ran away—I ran after him, and caught him about fifty yards off, close to the side of a large grating—I took him to Mrs. Webber, who said, "You are a scamp for sending boys with bad money to get change"—he said that he did not do so—I said, "Here he is, Mrs. Webber"—she said, "He has just sent another," holding up a half-crown—I gave him in charge, and pointed out a half-crown close to the rating—the constable picked it up.
Prisoner's Defence. I was coming from my sister's place to see my grandfather in Northampton-street, and when I got to the parcel office at King's-cross Smith (see next case) came up and said, "Halloa, Davis! where are you going?" I told him. He asked me if I was in work. I said, "Very little." He said that he was doing better than work, and living like a gentleman. He put his hand in his pocket and pulled out a handful of half-crowns. He asked me if I would take one into the baker's shop at the corner. I said, "No." He said, "You need not be frightened; do you mind sending a boy in?" He told me to call a boy and send him in, and give him a slice of cake and a penny. I did so, and Smith came over to me again, and said, "You see it is all right; they cannot hurt you." I offered him the change and he would not take it; he told me to send two separate boys in, and be sure not to send the same boy in twice, but to ask the boy whether he was the same boy that went in before. When I saw the policeman coming I was frightened and threw the half-crown down. He took me, and I told him about Smith, and that he had more bad money about him. I had not the slightest intention of doing this when I left home.
GUILTY .—**†— Confined Two Years.
MESSRS. CRAUFURD and M. J. O'CONNELL conducted the Prosecution, and MR. MONTAGUE WILLIAMS the Defence.
JAMES BRANNAN . I was a police-inspector—I am now employed by the Mint authorities—on 18th June, about half-past 7 in the morning, I was in Caledonian-street, King's-cross, with Inspector Fyfe and other officers—I saw the prisoner come out of No. 17, with a mug in his hand—he immediately disappeared, and I crossed into No. 17 with Inspector Fyfe, and gave instructions to the officers to follow me—the prisoner had not gone back, then—I went into the kitchen, and while I was there Sergeant Cook called me—I ran up with Fyfe, and found Cook and Elliott struggling with the prisoner in the first-floor back-room—they said, "He has pat something into the bed"—Fyfe pulled the prisoner away from the bed towards the door, and Elliott commenced searching the bed clothes, taking them off one by one—a female undressed was sitting on the bed—Elliott said, "I have found this packet"—the prisoner then attempted to get away from Fyfe, and snatched it, saying, "God strike me dead, somebody must have put it there"—Elliott gave me the parcel, and the prisoner said, "I have a right to see it"—I said, "So you shall," and while Elliott was handing it across to me the prisoner attempted to snatch it, but Cook took it and handed it to me—I then showed it to the prisoner—this is it (produced)—it contains seven half-crowns and two florins separately wrapped in paper—Elliott then took a waistcoat off the bed-rail, put his hand in one of the pockets, and handed me a small packet containing two shillings, separately wrapped in paper—Cook then took up a bag and commenced searching it on the landing in the prisoner's presence, and found this shilling (produced) wrapped up, which he gave to me—when Elliott gave me the two shillings the prisoner said first, "I picked them up at Ascot Races," and afterwards he said, "At Hampton Races"—he said that the man who found the shilling in the bag must have put it there—I said, "You are rather unfortunate, Mr. Smith; very recently two men accosted you in the Waterloo-road, made you drunk, and put some counterfeit money in your pocket"—he said, "Never mind, Mr. Brannan, I got over that, but, so help me God, I know nothing of it"
—I said, "Now you say that the police have put the money in your pocket"—he said, "So help me God I know nothing about that."
Cross-examined. Q. Do you know a man named Kelly? A. Yes—the prisoner told me about him—I did not ask the prisoner where Kelly was to be found, but he told me in Horsemonger-lane Gaol, and I went there to see him in consequence of instructions from the solicitor to the Mint—I did not say, "I do not think Kelly is doing wrong," because, on the contrary, he was doing wrong; nor did I say that there was a way of making him do wrong—I was concealed on this day in a kitchen opposite—the Magistrate did not ask Cook why he searched the bag on the landing—I was there all the time—I know Thomas, the husband of the woman who his Lordship had here for perjury, and who was acquitted—I did not say to him that if Kelly was not doing wrong it was very easy to make him do wrong.
MR. CRAUFURD. Q. Were the two shillings in the waistcoat-pocket loose? A. No, separately wrapped up in tissue paper, as counterfeit coin usually is.
ARTHUR ELLIOTT (Police-sergeant, G 13). I went with Mr. Brannan—I saw the prisoner enter the house, and followed him up stairs; Brannan followed me up—Brannan had gone up before me, while I remained outside—the prisoner went to the first floor back room, and immediately locked the door—I tried to unfasten it, and finding it was locked, Cook and I forced it open with a hammer—Cook called Mr. Brannan, who came up, and I entered the room, and saw the prisoner go to the bed, and put his right hand under the clothes—there was a woman in the room, who was out of bed, but she got into bed after I went in—she had gone to the fire-place and was turning some meat which was cooking at the fire—she was undressed—it was while she was in front of the fire that the prisoner put his hand under the bedclothes—Brannan and Fyfe came in, and I then pulled the bedclothes off one at a time, and found a packet containing counterfeit money, which I handed to Mr. Brannan—the prisoner was then in custody, and Fyfe pulled him away, while I searched the bed—I saw Brannan open the packet, and the prisoner said, "So help me God, some one must have put it there"—he attempted to rush towards Brannan, but was forced back—I found a waistcoat on the bedstead, and asked the prisoner if it belonged to him—he said, "Yes"—I found a small packet in the pocket containing two counterfeit shillings, wrapped separately in paper, which I gave to Mr. Brannan—the prisoner said that he picked them up or got them at Hampton Races. Cross-examined. Q. Were you the first person in the room? A. Cook and I went up together—the prisoner was two or three steps before us—he undid the handle of the door with his hand, went in, and locked the door directly—I tried to get in, but could not.
JOHN COOK (Police-sergeant S, 8). I was with Elliott, and followed the prisoner into the house, No. 17, and to the first-floor back room—Elliott broke in the door—I entered this room with him, and saw the prisoner cross by the bed, with his right hand under the clothes—the woman was then standing up near the bed, but she laid down again after that—the room was very small and close, and there were three or four of us in it—I took a bag outside the room, and as the prisoner had charged Sergeant Elliott with putting the money in the bed, I told him I would search no more unless he was present—the prisoner went out with me, and I turned out the bag on the landing—it contained sundries, and some foreign coins, also this shilling, wrapped up as it is now, which I handed to Brannan.
Cross-examined. Q. Were there several boxes in the room? A. Yes—they may have been searched when I was out of the room—Fyfe was down stairs when we broke into the room—he came up afterwards.
WILLIAM WEBSTER . Here are seven counterfeit half-crowns; three of 1819, from one mould, and three of 1845, from one mould—these two florins are from one mould, and both are bad—these are two counterfeit shillings, of 1856 and 1857, which were found in the waistcoat-pocket—this shilling found in the bag is counterfeit—some are wrapped in tissue paper, and some in soft paper; the object of which is, that they shall not rub one against the other, which spoils their appearance.
Cross-examined. Q. Were you there all the time? A. Yes. (The prisoner produced a written statement (which MR. WILLIAMS declined to make use of) in which he charged Mr. Brannan with saying, that if Kelly was not doing wrong, there was a way of making him, and that he would give the prisoner 10l. to let him know where Kelly lived; he also charged Sergeant Elliott with placing the counterfeit money where it was found, and declared his entire innocence of the charge.)
Brannan stated that the prisoner, when tried and acquitted in April last, for a like offence, stated that bad money had been put into his pocket; that his habit was to get boys to pass bad coin, and that he encouraged Davis, the prisoner in the last case, to do so.— Confined Two Years.
MESSRS. CRAUFURD and M. J. O'CONNELL conducted the Prosecution. MR. COLLINS defended FLYNN.
JAMES BRANNAN . On 2d July, I was in the Broad Sanctuary, with Inspector Brannan, Fyfe, Elliott, and Shore, and saw the prisoners at the corner of Tothill-street—they stood there about seven or ten minutes, and Flynn left them, and went up Dean-street—he was absent seven or ten minutes—he returned down the same street and joined them—after a short time, they went up Victoria-street—I gave the officers directions—they ran round Princes-street, and through Storey's-gate—I was afraid to get in sight, because Flynn knew me very well; but I think they went down to the Broadway—I saw them cross the road to the second lodge in the Park, near Queen-square—when I came up, the other officers had taken the prisoners, and Inspector Brannan handed me this packet—I opened ft, and saw that it contained counterfeit coin—I said, "I have received instructions from the solicitor to the Mint to look after you, Flynn" (but I called him by his proper name, not Flynn), "as a dealer in counterfeit coin"—he said, "I have just picked them up here"—he was then inside the inclosure of the park—they were taken to the station—Flynn was searched by Brannan, and he produced from his pocket another half-crown—I have here two half-crowns and six crowns.
Cross-examined. Q. Have you had a good deal of experience in Mint matters? A. Twenty-seven years'—I know that coins obtained from the dealers are always wrapped in paper.
JAMES BRANNAN, JUN . (Police-inspector, F). I was with my father and the other officers—I have heard their statement; it is correct—I was in uniform, and when I went into the inclosure, Flynn was sitting on an iron railing, and the other two were talking to him—I seized Flynn; and as I put my hand into his trousers-pocket, and before I found anything, he said, "Oh, I have just picked them up in the park"—I said, "Then there is no occasion for me to tell you what I am searching you for"—Shendon then said, "What have you got me for? I know nothing about it I have never
seen them before"—I had got the packet then, but had not opened it—I did not know what it contained—I handed it to my father, who opened it—I had as much as I could do to take Flynn to the station—I then searched him further, and found loose in his coat breast-pocket a half-crown—he said, "That I have also picked up in the park"—I handed it to my father—Shendon said, "I know nothing about them"—Thompson said, "We picked them up in the park."
Cross-examined. Q. Did you hear Smith say, "I saw Flynn pick them up in the park? A. He did not say so in my presence—this is the first time I have heard of it—Flynn was sitting on a rail when I seized him—I was in uniform.
Cross-examined. Q. Did you not hear him say, "I saw Flynn pick them up in the park? A. No.
ARTHUR ELLIOTT (Policeman, G 13). I was with Brannan, and assisted in searching Smith—he said, "I hope you will let me go. I trust you will speak to Mr. Brannan, and get me off"—he said nothing about picking them up in the park.
Cross-examined. Q. Did not Smith say, "I saw Flynn pick something up in the park? A. No.
NOT GUILTY .
MESSRS. CRAUFURD and M. J. O'CONNELL conducted the Prosecution, and
MR. COOPER the Defence. LADWIGE MARY LAZOUSKI. I am barmaid at the Victoria refreshment-room—early in June, the prisoner came there, with three others—one of the others called for a pot of sixpenny ale, or half-and-half, which came to sixpence—he tendered a shilling—I said, "This is a bad one; and if you do not give me a better one, I shall lock you up"—he said, "Give me that one back"—I said, "Oh, no, I am sure I shall not"—he took out a good one, and said, "See that this is a good one; that is one I made myself"—I gave him sixpence change—they all four drank the liquor, and left together—I afterwards gave the bad shilling to a policeman—on 24th June, the prisoner came alone—I knew him the moment he came—he asked for a glass of pale ale, and gave me a half-crown—I said, "This is a bad half-crown"—he said, "Well, give it me back"—then I said, "Where did you get it?"—he said, "I took it in change somewhere in Westminster"—I refused to give it back—he would not pay me, and I said that I would lock him up if he did not—he then gave me twopence for the ale—I advised him to go—he refused, and I said that if he would not, I would lock him up—he dared me to do so, used very foul language, and declared that I was drunk—I said, "As you have dared me to do it, I will do it;" and one of the Brighton Railway policemen took him into Mr. Harrison's office—I gave the half-crown to Joyce, having first shown it to Inspector Harris, who gave it back to me—it was not out of my sight till I gave it to the policeman.
Cross-examined. Q. I suppose from the first time of this man coming,
lots of people came? A. Yes; there are sometimes two hundred people in a day, or more—people who are not acquainted come in and talk at the bar—I had not seen the prisoner before, to my knowledge—the prisoner teased me to lock him up—he could have got away if he liked, I could not have held him.
JAMES JOYCE (Policeman, B 261). I took the prisoner, and received this shilling and half-crown—I found one penny on him—he said that he had been eating and drinking all the week, and did not know where he took the half-crown, but somewhere in Westminster—he had been drinking, but knew what he was about—he gave his address, 63, Orchard-street, but it turned out to be 65.
Cross-examined. Q. Did he resist you? A. No.
NOT GUILTY .
MESSRS. CRAUFURD and M. J. O'CONNELL conducted the Prosecution and
MR. F. H. LEWIS the Defence. ARTHUR ALEXANDER BURY. I live in William-street, East-lane, Walworth—on 2d July I was in Billingsgate, and saw the prisoner—he told me to go and get a pint of shrimps and he would give me two pence—he gave me a half-crown, which I took to Mrs. Lane's stall—she broke it in two, and gave me the pieces back—I saw Granger there—he went with me to St. Mary-at-Hill, and I pointed the prisoner out—he saw the gentleman with me, and ran down the hill before I pointed to him—Mr. Granger took him, and he was given in custody—I gave the pieces of the half-crown to the policeman.
Cross-examined. Q. Had you ever seen him before? A. No; he was about four yards from the stall—when I said to Granger, "That is the man," the prisoner could not hear me—I was as far from him as I am now.
MR. CRAUFURD. Q. How far was Mrs. Lane's stall from St. Mary-at-Hill? A. About a quarter of a mile—he could not see her stall—I walked back with Mr. Granger.
MARY LANE . I sell shrimps in Billingsgate—about 11 o'clock in the morning, the boy came to me for a pint of shrimps, and gave me a bad half-crown—I broke it, and gave him the pieces back, and took back the shrimps—I had received another bad half-crown within half an hour, but do not know from where—I gave it to the constable.
THOMAS GRANGER . I am a fish salesman of Billingsgate—I was near Mrs. Lane's stall when Bury came, and saw her give him back the half-crown—I spoke to him, and went back with him to the top of St. Mary-at-Hill, about 150 yards right into East Cheap—he pointed out the prisoner coming up the hill, and said, "That is the man"—as soon as the prisoner saw me he turned round and went back again between a run and a walk—I followed and caught him—he said, "What are you going to give me in charge for?" I said, "You will see directly"—I gave him in charge.
Cross-examined. Q. Did he say that he was not the man? A. No; he said that he did not know the boy.
JOHN REDNAUGHT (City-policeman, 256). I took the prisoner, and received this half-crown, and these two pieces of another from Mrs. Lane—I found nothing on him—he said that he never saw the boy before.
Cross-examined. Q. Did he tell you where he lived? A. Yes; I found it correct.
NOT GUILTY .
MR. M. J. O'CONNELL conducted the Prosecution.
PETER JAMES GIBAUD . I am a brush-maker of Bridport-place, Hoxton—the prisoner came to me one evening in May, between the lights, and asked for a two-penny tooth-brush—she gave me a shilling—I gave her the change, and after she left I found it was bad—I put it in a vase on the parlour mantel-piece, and gave it to the constable when I was at Worship-street Police-court.
Prisoner. I never was in the shop at all. Witness. I am positive of you—I identified you at the police-court when I was looking for another person in a bad money case.
MARY LUND . I am the wife of William Lund, a baker, of Landsdown-place, Hackney-road—on 4th June, the prisoner came and asked for a loaf, it came to 23/4d.—she gave me a crown—I looked at it, and showed it to my husband, who tried it, and found it was bad—he went out at one door to get a policeman while the prisoner waited for the change—when he came back I asked the prisoner where she got it—she said that a gentleman gave it to her under one of the arches, and she would like it back—my husband would not give it to her, but gave her in custody.
Prisoner. I got it from a gentleman—I did not know it was bad.
The prisoner's statement before the Magistrate:—"I can assure you I never knew anything about the shilling; I own I gave the five shilling-piece to the lady, but was not aware it was bad; I am an unfortunate girl, and a gentleman gave it to me; I do not know the gentleman; I never saw him before; if Í had known it was bad I should not have gone into the shop."
NOT GUILTY .
Confined Twelve Months, fined 50l. and to be further imprisoned till the fine be paid.
OLD COURT.—Wednesday, July 13th, 1864.
Before Lord Chief Justice Erle.
MESSRS. GIFFARD and ROWDEN conducted the Prosecution; MR. SLEIGH the Defence.
HENRY KEBLE . I live at the Lion Tavern, at the New Cattle Market, Islington, and assist my uncle in his business as a publican—the prisoner was in his service as under waiter, and assisted in the bar if we were busy—on the night of 8th June, about a quarter past 11, I was at the bar—I heard some screams up stairs—I ran up stairs to the second landing—I there saw the prisoner—he was coming down stairs—he had a knife in his
hand—he was holding the handle with a handkerchief round the handle and the blade downwards—there was blood on it—the prisoner said, "I have done it, Mr. Henry; I have killed her with, the knife"—he gave me the knife—I said, "You scoundrel, come down stairs"—I brought him down stairs, and gave him in charge of a gentleman at the bar—I then went out to look for a policeman, but could not find one—when I came back I found a policeman at the bar—I had laid the knife on the bar when the prisoner gave it to me; it was not there when I returned—this is it (produced) and this is the handkerchief round it.
Cross-examined. Q. While this young man was in your employment, I believe his conduct was uniformly that of a quiet, peaceable, well disposed lad? A. Yes; amiable in every respect, and very willing.
MARY PLATTEN . I was chamber-maid at the Lion Tavern, Islington, in June last—on the night of 8th June I went up stairs to go to bed with the deceased girl, Jane Jeary—we slept together—when we got up stairs I remembered that a gentleman, who slept in the house, was not in—I put down the candle, and ran down stairs—when I had got half-way down stairs I heard a scream—I then turned and went up stairs again, and met the prisoner—I caught him by the collar and said, "You shan't go a step further"—I heard him speak to Mr. Keble—he came up to the place where I had stopped the prisoner—the deceased had a brooch—this it (produced).
WILLIAM GARDNER . I was waiter at the Lion Tavern, Islington—the deceased was housemaid there—on the night of Wednesday, 8th January, I was at the bar, and heard screams coming from up stairs—it was a very sharp loud scream—I went up stairs—I followed young Mr. Keble up—when I got up I saw Mr. Keble holding the prisoner—I passed them, and went up higher, to the next landing—I there saw Jane Jeary lying on her face—I picked her up, and hold her up for some time till a doctor came—she did not speak; her frame quivered once, and that was all—there was a great deal of blood upon her person; it came from her left breast.
Cross-examined. Q. Did you observe latterly, just before this occurred, that the prisoner was in a low, melancholy state? A. No; I had not noticed it—he was a very good lad in his place.
MR. GIFFARD. Q. How long had he been in service in the same house with you? A. About two years—he had been doing his duty as under waiter there all that time, and doing it well—there was no cause to complain.
THOMAS CHARLES HILL . I was potman and boots at the Lion Tavern—I go to bed early on Wednesday evening as I have to sit up all night, and when the prisoner went to bed he always called me—on Wednesday night, 8th June, about ten minutes to 11, he called to me to get up—I got up and dressed—when I had dressed, and was leaving the room he said, "Good night, Charlie; perhaps I might see you again; I might come down for something;" in an off-hand kind of manner—I heard the screams—that was, I should think, about a quarter of an hour after he had left me—I ran up stairs to see what was the matter, and there saw the prisoner on the landing—Mr. Henry followed me up directly, and he took hold of the prisoner—the prisoner said, "It is all right, Mr. Henry; I have done it, and here is the knife"—this is the knife—I have frequently heard the prisoner speak about the deceased—he said she was all the world to him; that he was very fond of her—she appeared to be very fond of him at one time—that 'might have been some eight or nine months ago—she has not
seemed so fond of him latterly as previously—one Sunday night, about a fortnight before this happened, the deceased came home with a male cousin of hers—the cousin, and I, and another one in the tap-room had some ale together, and we asked the prisoner if he would have a glass with us—he said, "No; that is the man that has broken my peace of mind"—pointing to the cousin.
Cross-examined. Q. Between that Sunday and the time the deceased met with her death, did not you observe a change in his manner, that he was unhappy and low? A. Yes; he was very desponding at times—when he handed the knife to Mr. Henry, and said what he did, he appeared to be a little frantic.
GEORGE GOVAS (Policeman, N 220). On June 8th, about half-past 11 at night, I was called to the Lion Tavern, and the prisoner was given into my custody for stabbing one of the servants—there was great confusion at the time, and I took him into a side-room—I told him that he was given into custody for stabbing one of the servants—he said, "I will tell you all about it"—I told him it was my duty to caution him against saying anything to me, what he did say might be used in evidence against him before the Magistrate—he replied, "She is the only girl that I ever have liked, and, poor girl, she has got it; I hope she will die"—just at that time a gentleman came into the room, and shook his head, and said, "She is gone"—the prisoner said, "I would rather she was dead than any one else should have her"—I afterwards went up stairs to the landing, and picked up this brooch on the stairs—there was blood on it.
THOMAS RICHARDSON (Police-inspector, N). On the night of 8th June, about half-past 11 or 12, I went to the Lion Tavern—I there received from Mr. Keble the knife and handkerchief, which I have produced to-day—it was in the same condition as it is now—I took the charge at the police-station—after booking it, I read it to the prisoner—he said, "I did do it; I loved the girl, and that is the reason I have done it"—I found a key on the prisoner which opened a box in his room, and in it I found this portrait.
GEORGE TATE . I am a surgeon, living at 65 Camden-road Villas—about half-past 11, on the night of 8th June, I was called to the Lion Tavern, Islington—I went up stairs, and on the second landing I found the deceased on the floor—she was dead—there was an incised wound of two inches wide in the upper part of the left breast—I passed my finger into the wound, and found it was very deep; I did not go further at that time, but on Friday morning I made a post-mortem examination, and found it had penetrated the bag of the heart, the pericardium—this knife would, no doubt, have produced such a wound; it divided the principal artery, and the death would have been almost instantaneous.
GUILTY .— DEATH .
PLEADED GUILTY.— Three Years' Penal Servitude.
Five Years' Penal Servitude. (See next case.)
MR. SOLICITOR-GENERAL, with MESSRS. POLAND and PATTISON, conducted the Prosecution, and MR. PIFFARD defended Walker.
HARRIET MAJOR . I am a widow, and reside at 6, Brunswick-terrace, Folkestone—on 16th April last, I had occasion to send 10l. to my son, who lives in London—I wrote two letters, and enclosed in each the half of a 10l. note of the Canterbury Bank, No. 5,456—I fastened the letters in the usual way, with adhesive envelopes—I directed one to "G. A. Major, Esq., 26, Maze-pond, Borough," and the other to "G. A. Major, Esq., Bridge Hotel, London"—I gave the two letters to my servant, Catherine Young, to post about 10 in the morning.
CATHERINE YOUNG . I am servant to last witness—I remember my mistress giving me two letters to post on 16th April—I posted them at the pillar-post in the Sandgate-road at 10 o'clock in the morning—they were in the same state as I received them from my mistress.
STEPHEN PAGE . I am an assistant at the Folkestone post-office—a letter posted at the pillar there at 10 in the morning would be received at the office in Tontine-street at 10.50, and be despatched at 11.25 to London—I was on duty on 16th April, and despatched the bag to London in the ordinary course.
JOHN HALLAM . I am a sorter in the South-eastern district-office of the Post Office in the Borough—I recollect the day-mail arriving from Folkestone on 16th April—it would arrive at our office about ten minutes before 3—the bag arrived in the usual course on that day fastened up; I opened it, and put out the letters for the stampers.
THOMAS BAKER . I am inspector of letter-carriers in the South-eastern district-office—Rixon has been employed in the Post-Office seven or eight years; the greatest portion of the time at the South-eastern office—the Mawby-road was the name of his walk—he was on duty on the afternoon of 16th April at 3 o'clock—his duty was to assist in the general sorting of the letters; it is probable that he would have sorted some of the letters from the Folkestone bag; they were placed before him, and before the whole of the sorters, with other letters—the letters for Bridge Hotel and Maze-pond would not be delivered by him, but by another letter-carrier.
Rixon. Q. Had I not to make a collection of letters from the receiving-houses that day? A. No, not that day; your collection did not come for two or three days after that—it was your duty to be at the office at 3 o'clock—your duty was to assist in sorting all letters placed before you—all the Folkestone letters come first to our office, those for the Southeastern district being tied up separately by the postmaster at Folkestone—we retain those at our office, and the others are forwarded to the General Post Office—it would not be the duty of a man named Pollock to take the South-eastern letters—the bag is untied, and the letters put out to be stamped and sorted—it only occupies a few minutes—Pollock would check them, to see that they were all local letters, and that they contained no missorts, or letters for other districts—Pollock had the opportunity of taking those letters, and so had I, and any one in the office as well as you—both
these letters are in the Borough High-street walk; and would be delivered by Whittaker.
JOHN WHITTAKER . It was my duty at 3 o'clock on the afternoon of 16th April to deliver the letters in the district including Maze-pond and the Bridge Hotel—I cannot say whether or no such letters as these were among them—I do not recollect whether or not I delivered any letters to Mr. Major—I delivered all the letters that were put into my hand for delivery, according to their addresses—I have to open the South-eastern bag—the letters are taken out, and divided to be sorted—I do not recollect whether I assisted in the sorting that day—I do not know where Rixon was at the time the letters were being sorted.
Cross-examined. Q. At what o'clock did you leave the post-office that day to deliver the letters? A. I really do not know; I think it was near 4 o'clock—I collect at 3—I go out and deliver letters as soon as they are arranged for delivery—I arrange them for my own walk—I commenced doing so about half-past 3.
WILLIAM BARBER . I am assistant to Mr. Rabbitts, bootmaker, of Newington-causeway, near the Elephant and Castle—on the evening of Saturday, 16th April, about twenty minutes to 5, I saw the prisoner Walker at our shop—he came in and wanted a pair of boots—I sold him a pair of clump side-spring boots—they came to 18s. 6d.—he tendered me a 10l Canterbury note, for which I gave him change—this is the note (produced)—it appears to have been joined—I gave him a pen and asked him to give me his name and address, and he endorsed the note "J. Garwood, 107, or 197, Lupus-street"—he wore the boots away with him—I believe these (produced) to be the boots—I packed up the old ones and gave them to him, and he took them away—these are the pair I sold him, and on the occasion I stretched the right boot, which was a little tight in the joints—I saw these boots taken off the prisoner's feet when he was in custody—they have our private mark inside—I also saw the old ones and recognised them directly.
Cross-examined. Q. Had you ever seen him before? A. Never—he was in the shop about a quarter of an hour—I next saw him at the General Post Office, St. Martin's-le-grand, about 15th June, two months afterwards, about half-past two in the day—I could not say in what part of the Post Office it was; I believe it was in the solicitor's office—I was never there before—one of the authorities came over for me; that was the first day they had the man, and I came over to recognise him—I knew I was going there to see if I could identify the man that had given me the note—I was accompanied by our managing man—there were several other persons in the room; perhaps a dozen—no one called my attention to Walker—I was asked if there was any body there who passed the note, and I pointed out Walker—I had been in the room about five or ten minutes before I was asked that question—Walker was in the room all that time, sitting down there—I had not spoken to any one during that ten minutes—there were one or two policemen there, but I did not know which were the policemen and which were not—I did speak a word to them till after I had recognised the man, nor they to me—I was with our managing man, talking to him—he thought he could recognise him, and could not, and I said he was the man—he did not see so much of the man as I did; I served him—the one that he recognised more was Rixon; he thought he was the man that accompanied the other to the
shop at the time he bought the boots, but he did not recognise any; he gave them the benefit of the doubt—I recognised Walker by his build and his stature, and that was the pair of boots I sold him—I remembered that he was a tall stout man, his beard was dyed at the time; it is altered now, it was a deal blacker—he had a pair of leggings on, and I noticed when I fastened them, that he had a very stout calf; it measured about sixteen inches round—I sell a great many boots, perhaps eight or nine pair a day, and sometimes seventeen or twenty—others serve besides me—when I told Walker these boots, I made a certain remark to our manager—I entertained no doubt about his respectability, or I should not have changed the note—the private mark in the boot is No. 9—I recognise the mark and the man's make—there is no No. 9 in this boot, the perspiration from the foot has disfigured it; it has been there, it is more plain in the other—I could swear to these boots from a hundred makers—the 9 is the maker's number—the object in putting a number is to distinguish different journeymen's work—we manufacture a great many boots, and we have other shops of our own that we supply which may have boots of the same number—other shops may have boots with the same number, but not that particular man's make—it is very seldom that two men make alike—a man accustomed to tie business knows the different workmen's work—I believe those boots to have been made by No. 9—I am employed as an assistant; I do not make boots, I sell them—I have been an-assistant about fifteen years—I never made any boots—I do not know the name of the man that makes No. 9—I can get it—he has made for us a long time; that is the reason I know his take so well—no doubt some of his boots have been sold at other shops—that was the only pair of that kind sold that day at our establishment—we have twelve other shops—we do not supply other shops besides our own—we do no wholesale business—I adhere to my statement that until the moment that I pointed out Walker at the Post Office, I had no conversation about him with any one in the room, except our managing man; not a word was said—I did not point him out when I went in because he had dyed his whiskers—I said, "That is the man, I am sure," and directly he stood up I recognised him, and said I could swear to him—I am prepared to swear to him positively—I swear positively that the man who bought these boots from me had a black beard—I cannot be mistaken in the beard; I can swear that the man who came to our shop and bought the boots had a black beard; I mean when I saw him at the Post Office he had a black beard; when he bought the boots he had a light beard—I call his beard now a light beard, lighter than it was at the time he came to our place; I mean lighter than when I saw him at the Post Office, and his hair also is much lighter.
MR. SOLICITOR-GENERAL. A. As I understand you, you looked at him amongst several other persons? A. Yes; for the first five minutes I had a difficulty in recognising him, because his beard and hair were dyed, but soon afterwards I recognised him, and he had the boots on his feet at the time—I know the boots by the make, independent of the number—I stretched the right boot at the time he bought it; it does not present any appearance of that now, but that drew my attention to the transaction—he took off the boots that he had on, and I packed them up for him—these (produced) are the boots; I know them again, they are very much worn, and the vamps are wrinkled—they are the boots that I packed up.
MR. GIFEARD. Q. While you were at the Post Office, did you go out of the room at any time before you identified the prisoner? A. Our manager and I did go out of the room, and about a minute after, while we were
speaking to one of the Post Office authorities, Walker came out, and Mr. Pooke, our manager, wished to see the boots he had on—I had recognised him then—I had not pointed him out to any official till then—I was not talking to any police officer when Walker came out; Mr. Pooke and I were talking together—Mr. Pooke asked to see the boots, and directly he saw them he said, "That is our make," and I said the same, and that they were the boots I had sold on the 16th April—Walker came out of the room to go to the urinal; it was then that I recognised him, and when he and the detective came back through the corridor, the policeman asked him to take off the boots.
MR. SOLICITOR-GENERAL. Q. When was it you recognised him? A. As he was passing through the room to the convenience, when he was walking—his beard and hair being dyed black I had a doubt about him, yet at the same time I said to Mr. Pooke, "That is the man sitting down there"—as soon as I saw him moving I recognised him—it was after I had recognised him that the boots were taken off for Mr. Pooke's inspection.
EDWARD THOMAS FREDERICK HANCOCK . I am an officer in the City police—I arrested Walker on 8th June on another charge—I found these shoes in a cupboard in his room—I did not take possession of them at that time; I went subsequently and took them—I took him at his lodgings, 5, Charlotte-street, Old Kent-road—he had three rooms—the shoes were in the room where we found him in bed—I saw him put this pair of boots on when he dressed himself at—that time nothing was said about the present charge—I found two bottles of hair-dye in his room—I asked him what they were—he said it was his physic—they were labelled "hair-dye," No 1 and No. 2—he was asked by Inspector Foulger whether he could write, and he said, No, he could not write.
LOUISA BOYCE . I am landlady of 5, Charlotte-street, Old Kent-road—Walker lodged at my house—Rixon was freqently in the habit of visiting him there—I have seen them together—Walker came to lodge there on 18th April, and continued there till he was taken into custody—I did not know that he was in the habit of using hair-dye, until I saw that his beard was dyed—I noticed the change of colour.
Cross-examined. Q. What was his occupation? A. An oil painter—he was a very quiet orderly tenant; I had no reason to suspect anything wrong till this charge was made—I had no fault to find with him as a lodger.
JOHN FOULGER (Police-inspector). I was with Hancock when he arrested Walker—I asked him if he knew Rixon—he said, "No"—I afterwards took him to the station where Rixon was, and asked him again—he said he neither I knew Rixon or Parker—I asked him if he could write—he said he could neither read nor write.
Cross-examined. Q. When you took him into custody what did you say it was for? A. On a charge of being concerned with a man named Parker and Rixon for stealing letters—I afterwards told him that Rixon was in I custody—I first asked him if he knew Parker—I asked him if he knew a postman named Rixon—he said, "No"—I showed him a photograph on the road to the station—I have it here—I did not tell him that I believed him to be the person for whom that likeness was taken—I asked if it was intended for him, and he said "No"—I found it at the lodging of another prisoner.
RIXON.— NOT GUILTY .
WALKER— GUILTY .** Ten Years' Penal Servitude.
WILLIAM ROWLEY PLEADED GUILTY to the charge, and also to a previous conviction of felony.— Three Fears' Penal Servitude. MR. SOLICITOR-GENERAL for the Prosecution, offered no evidence against WILLIAM ROWLEY, junior.—
NOT GUILTY .
MR. LILLEY conducted the Prosecution; MR. RIBTON the Defence.
NOT GUILTY .
NEW COURT.—Wednesday, July 13th, 1864.
Before Mr. Recorder.
MR. GRESHAM conducted the Prosecution, and MR. KEMP the defence.
HENRY GEORGE PRIESTLEY . I am in the employ of Messrs. Flatau, of Leadenhall-street, boot and shoe manufacturers—I am a clicker, which is a cutter of boot tops—the prisoner was in their employment for some years, up to May last, when he was discharged—on Monday, 20th June, I was in the neighbourhood of Victoria-park, and passed a boot shop, kept by Henry Nathan—I recognised some boots in the window, by the cut of them, as belonging to Messrs. Flatau, with whom I communicated, and on the Wednesday following Mr. Jacob Flatau and I went to the shop, and asked to see some men's boots—I looked at the marks on the uppers, and knew that they were my own cutting—I had an officer waiting outside, and Mr. Flatow went to the door and beckoned him in—twenty-nine pairs of boots were then produced, the uppers of which I recognised by my own mark of the size.
Cross-examined. Q. Do I understand you that your employers manufacture the uppers? A. They manufacture the boots and shoes—I have been in their employment two years, and the prisoner has been there all the time—I do not know whether he was discharged or left of his own accord—Nathan was given in custody, and afterwards discharged.
MR. GRESHAM. Q. Were these pegged or riveted boots? A. Pegged—Messrs. Flatau do not manufacture pegged boots, only riveted and sewn ones.
JACOB FLATAU . I am clerk to Abraham and William Flatau, boot and shoe manufacturers, of Leadenhall-street—I accompanied the last witness and an officer to Nathan's, in Victoria-park—some boots were produced, the uppers of which were made in our establishment, but the soles had not been put on by us—in consequence of a communication made by Nathan I went with the officer to the shop of another person named Nathan, in Duke-street, Aldgate—I saw some more boots there, the uppers of which were our manufacture—we manufacture boots and shoes for the trade, and we sell uppers, but we keep no stock of them; when they are ordered there is a special pattern, and we have a special mark which these have not—these boots are not manufactured like ours—we rivet them, which means putting on the soles with brass brads—some of these are pegged; we never peg any—the
prisoner has been in the employment six or seven years—he was discharged about a month before this—his department was to receive the uppers in a finished state, and they went from his department to the out-door workmen to be made up—he had no authority to sell uppers, or anything—we found forty-five uppers at the two houses, worth from two shillings to seven shillings a pair.
Cross-examined. Q. What peculiarity is there about their appearance? A. They are cut to our own designs—it consists of the make and cut and style—I did not cut this upper (produced), but I fitted it—we have a large number of hands who are constantly coming and going—I have been there eighteen months, and have had the same cutter for my work all the time, but all the cutters have not remained while I have been there—I identify them by the numbers, it is a plain simple number—the value of them is six and sixpence a pair—all these have been given out to me to be sold as uppers—I should have fitted them in a different way to what they are fitted, namely to Messrs. Flatau's last.
MR. GRESHAM. Q. Do you know that they were not fitted to be sold as uppers? A. I do; if boots are fitted to be sold as uppers there is a peculiar stitch put down the back, and that stitch is not upon these.
JOHN HAWKS (City-policeman, 88) I accompanied Mr. Jacob Flatau to the shop in Victoria-park, and saw these boots—I then proceeded to the shop of Nathan, in Duke-street, Aldgate, and saw there a portion of the boots produced to day—in consequence of a communication by Nathan, who keeps that shop, I went to the prisoner's house, 179, St. George's-street, St. George's-in-the-East, a small confectioner's shop, or general shop, and told him I was a police-officer, and wished to put a few questions to him, and he could please himself about answering them—I asked him if he knew a person named Nathan, of 19, Duke-street, Aldgate? he said, "No"—I asked him if he was sure? he said, "Yes, I do not know such a person; I may know a great many Nathans"—I said, "Nathan, of 19, Duke-street, Aldgate; he keeps a small boot shop?" he said, "No"—I asked him "if he had sold any uppers for boots to a person of that name, or any other?" he said, "No"—I told him there were two men in custody at the police-station, one of whom had stated that he had been in the habit of purchasing uppers of him for the last twelve months, and he had better accompany me to the station to see this person—he went there voluntarily, not in custody, and Nathan, of Duke-street, Aldgate, was brought out of the cell, and placed opposite him in the inspector's presence—Nathan was then asked whether the prisoner was the man who had sold him the uppers—he said, "Yes"—the prisoner said, "You are mistaken, I do not know you; I have never seen you before"—the prisoner was then charged, and I conveyed him from Bishopsgate station to Moor-lane—he said on the road there that he knew Nathan, but had never had any dealings with him—since he has been in custody I have searched his place, and found two cards there—I found this card in his coat pocket, "H. Nathan, ladies' and gentlemen's boot and shoe maker, 31, Prospect-place, Cambridge-heath, Victoria-road;" that is the place where I went with Mr. Flatau, and first saw the boots—this is the other card, "Clark, wholesale boot and shoe maker, 90, St. John's-road, Hoxton."
Cross-examined. Q. Is Nathan, of Duke-street, the father or the son? A. The father; the son lives at 31, Prospect-place, Bonner's-road, Victoria-park.
Arnow and Nathan were confronted together—I have heard what Hawks has stated; it is correct.
JOSEPH NATHAN . I keep a boot and shoe shop at 19, Duke-street, Aldgate—I have known the prisoner five or six years—I was in the shop in June when Mr. Jacob Flatau and the officer came there; I was out when they called, but when they came back I saw them take these boots (produced)—I had purchased the upper leathers of those boots of Arnow two or three months before—I saw Arnow at the station, and stated in his presence that I had purchased them of him; he denied it.
Cross-examined. Q. Were you charged with receiving these things, knowing them to have been stolen? A. Yes; I was not guilty—on my oath I did not know that they were stolen when I received them—I gave half-a-crown for them—they were worth about four shillings and sixpence—I knew where Arnow was employed as a servant, and first of all I did not believe he came honestly by them, but he told me that he went to sales and bought job lots, and that satisfied me, as I believed it—he satisfied me directly after I bought them—I did not go to his employers—I do not keep books—I made no memorandum when I bought them—I have known him five or six years, but have not been buying of him all that time, because he went away at one time—he satisfied me that he got them honestly when he first sold them to me—I do not know whether he was then employed at Flatau's—I have known him to be employed there off and on, between five and six years, but he went away from there—I bought uppers of him then—he told me that he bought at sales when I first bought of him, and I never made inquiries afterwards—I did not see Messrs. Flatau or any one in their employment—I do not buy at sales—I never saw the prisoner in a sale room—when I went to the police-station I first knew that they were the property of Messrs. Flatau—I bought the uppers, not the complete boots—I have known of uppers being sold at a sale; there was a sale at Spitalfields, and I saw uppers sold there—I do not know whose property they were—it was not a bankruptcy—I have beard a good deal of uppers being sold at sales—I knew another instance at the West End, and I have seen sales in the paper, but have not attended them—I do not manufacture uppers—I have also purchased of Mr. Jones, of Bishopsgate-street—I give five and ninepence for the best quality—the cost to the manufacturer of those I give four and sixpence for would be about four and threepence, but you could get them up cheaper than you could buy them.
MR. GRESHAM. Q. What was the last purchase you made of Arnow before these boots were taken away? A. It was, I believe, three months before—I have not bought complete boots of the prisoner, only uppers—Ann Smith is my servant, she was present, I believe, on one occasion when Arnow was with me.
ANN SMITH . I am housekeeper to the last witness—I know the prisoner by sight—I have seen him at my master's house—I saw him bring a parcel five or six months ago—I saw the uppers, but cannot say whether they were sold or bought—I saw money pass from Mr. Nathan to Mr. Arnow.
COURT. Q. Was that the only time you have seen Arnow there? A. No; he has been a visitor for years, but that is the only time I saw money pass, and the only time I saw him bring anything there.
JOHN CARET (City-policeman). I have seen the prisoner and Nathan in company once or twice in Mr. Nathan's house in Duke-street, and several times in the street—the last time was three weeks or a month before he was taken in custody.
Cross-examined. Q. Did you ever see the prisoner with any boots? A. Never.
HARRIET CLARK . I am the wife of Mr. Clark, a wholesale boot and shoemaker, of 40, St. John's-road, Hoxton—this is his business card which was found in the prisoner's possession—he does business with Messrs. Flatau, of Leaden hall-street—Arnow brought Nathan, of Duke-street, to our shop on 10th May, for the purpose of-introducing him to us.
The prisoner received a good character.— GUILTY .— Confined Eighteen Months.—The Jury stated that they thought Nathan deserved severe censure in which the prosecution concurred, and the Court refused him his expenses.
693. GEORGE PHILLIPS (26) , Burglariously breaking and entering the dwelling-house of John Angus, and stealing therein 1 hat, 2 tablecloths, his property, and 1 hat and other articles the property of Henry Boddy.
MR. LILLEY conducted the Prosecution.
HENRY JOHN FOULDS . I am a medical student, of 66, Frith-street, Soho—on 15th June, about 4 in the morning, I returned home, opened the door with a latch-key, passed through the house into the yard, and then heard a noise, and saw the prisoner and another man in the passage, with several things in their hands, hats and table-cloths, which they threw down, rushed out, and shut the door in my face—I went to the door and saw one go in one direction and one in another—the prisoner was the nearest—I followed him into Greek-street, and a policeman and I caught him at the same time—I found on him a hat and coat of Mr. Boddy's, a resident in the same house—I did not lose sight of the prisoner—it was perfectly light.
Prisoner. Q. Had I a hat or a cap when I left the house? A. A hat—I saw your back the whole time—you had a different coat on to what you have now.
ALBERT ADAMS (Policeman). I was on duty in Frith-street at 4 o'clock on 13th June, and saw the prisoner run across Frith-street into Soho-square, and the prosecutor behind him, who tapped him on the shoulder—I went to the house and found three hats in the passage on the floor, and two tablecovers by the side of them, ready to be taken away—the prisoner had on a hat and coat, and a pair of kid gloves, which are identified.
JOHN ANGUS . I live at 66, Frith-street, in the parish of St. Ann—on 12th June, about 12 at night, I saw that the door was fastened by a latch—there is another entrance at the back from a stable, a private mews, which is secured by a padlock inside—I cannot say whether the door of the house was fastened when I went to bed, but there was no access—persons are obliged to come through the stable to get to the back door—I am not in the habit of going to see whether the back door is open—these are my gloves (produced).
COURT. Q. If it was open could anybody have entered without breaking into the stable? A. Not unless they climbed over a wall.
MR. LILLEY. Q. In what state was the stable? A. It had not been touched, and there was no appearance of any entrance in that direction—there was no forcible entrance—I have no doubt the house was entered by a key to the front door, which is always left on the latch—I was one of the last persons up in the house—I did not leave the table-covers on the floor when I went to bed—the floor was not the proper place for them, or for the hats.
Prisoner's Defence. I never entered the house. I was coming along Frith-street at 4 o'clock in the morning to look for work, and a man rushed out of the house and put the hat and coat into my arms; I put them on, and the policeman took me.
GUILTY .**— Six Years' Penal Servitude.
MR. COOPER conducted the Prosecution, and MR. COLLINS the Defence.
JOHN WILLETTS HOOPER . I live at 21, Cloudesley-square, Islington—I am in no business—on 13th June I was in Farringdon-street, felt a tug at my pocket, and missed my handkerchief—I turned round immediately, and collared the prisoner, who was closer to me than anybody else—I held him some few minutes till I got a policeman—he offered me his handkerchief or anything about him if I would let him go—this is my handkerchief (produced).
Cross-examined. Q. Were there any other people about? A. I did not notice, but the prisoner was close to me—I did not see my handkerchief in his hand, but he pulled out an old one and offered me if I would let him go.
Cross-examined. Q. How far were you from him? A. Four or five yards—I was crossing the road to get to the side were he was—there were five or six people round, close to the prosecutor.
JAMES ALFRED LAMMAS (City-policeman, 274). I was on duty on Holbornbridge just before 10 o'clock, and took the prisoner in custody—I saw his arm go over the railing of some ruins—I looked over, and saw a handkerchief—I got a boy to get over and pick it up for me—this is it—I took the prisoner to the station, searched him, and found on him a handkerchief, which he said was his own, which he had had five years, a tobacco-box, and sevenpence.
Cross-examined. Q. How far were you from him when you saw him lift his arm? A. About a dozen yards—there were other people round him, I am sure it was the prisoner.
GUILTY .**— Confined Twelve Months.
MR. DALEY conducted the Prosecution, and MR. HAWTHORNE the Defence.
JAMES POWELL . I am a traveller, and live at 48, Cloudesley-terrace, Islington—on 28th June, about a quarter to 1 o'clock at night, I was in Hatton-garden—I crossed from the west to the east side, and heard some one coming behind me—I turned round instantly, and received a kick on the heel from the prisoner—there was a lamp there—he then seized me, and pinned me by the soft part of my arms most painfully, and ray hand was seized till the bones scranched—I was then thrown on my back, and robbed of my gold watch, worth twenty guineas, from my waistcoat-pocket—they broke the chain off the swivel—there were two other men with the prisoner—the prisoner is the man who held me—he was in front of me, because I wheeled round—I was kicked, and have a very severe and painful wound on the left knee-cap—they tried. to take my ring, but I bent my finger—my arm was very much lacerated—a gentleman came up and assisted me, and
hearing his footsteps they started off with my watch—the prisoner attempted to take my gold studs, and one of them was bent—he tore the breast of my shirt, but could not disengage them—on 2d July I was sent for to the police-station, and selected the prisoner from eight or nine men, as the man who robbed me—I had given a description of him and his confederates the same night.
Cross-examined. Q. How many times did you go into the ell A. Twice—I might have gone three times—I looked at the prisoner three times before I told the police-officers that I identified him, and told them to take him in custody—I had been spending the evening at a friend's house, with a gentleman of your profession—I met him between 10 and 11, and remained till half-past 12—we drank grog—I cannot see to read this book without glasses, but I on see you better without glasses than with—the prisoner came in front of me first, and threw his arms round me, but our position was changed in the struggle—the other two men came up instantly—I was not thrown down till after a desperate struggle to maintain my legs—the prisoner is not the man who took my watch, but no doubt you will soon see him—I was within two or three yards of the lamp.
MR. DALEY.Q. How long a time elapsed before you said that he was the man? A. I said nothing till I told the police to take him in custody—I had been informed that I was a marked man, for I prosecuted two thieves here before, and had been very strongly dissuaded from appearing here again as a prosecutor, as my friend said that I should bring down on myself the revenge of a gang of thieves—I only hesitated to consider whether I would take the responsibility of giving him in custody.
HENRY TADHAM (Policeman, H 197). From information I received I took the prisoner in a public-house in Fashion-street, Spitalfields—I called him by name,"Slasher" and told him he was charged with being concerned with two others in robbing a gentleman of his watch in Hatton Garden—he said, "I am innocent; I will go with you."
Cross-examined. Q. Did he see you go into the public-house? A. Yes; he did not attempt to run away.
The prisoner's statement before the Magistrate. All that I have to say, is that I am innocent.
PLEADED GUILTY.**— Six Years' Penal Servitude.
WALTER JAMES FRANKS . I carry on business at Queen-street, Cheapside—about 4 o'clock on Monday last, I was in Mincing Lane, near Cloth-workers' Hall, when the Prince and Princess were there—I was hustled by four men, and missed my watch and chain—I did not feel or see it taken—a constable was standing close to me, and I heard a cry of "Stop thief!"—I saw the, prisoner running—he was stopped, and I saw him drop my watch—this is it (produced)—being held by the collar against a wall, the watch dropped behind him, but whether from his pocket or hand I do not know.
JAMES WHITEHORN . I saw the prisoner running in Mincing Lane—I stopped him, and brought him down the passage he ran up—a policeman stopped him, and he put his hand down and dropped the watch and chain.
Prisoner's Defence. I did not steal it—I picked it up—I heard somebody call "Stop thief!" and I ran away.
GUILTY .*— Five Years' Penal Servitude.
MR. DALEY conducted the Prosecution, and MR. WOOD the Defence.
JOHN HAYWARD (Policeman, D 380). On 3d June, about half-past in the morning, I was on duty at Carlton-road, Paddington—I heard a noise in the area of No. 4—I went into the garden, and saw the prisoner coming from the area, naked, except his shirt add socks—he rushed across the front garden, got over a wall, and ran away—I ran after him, and found him in custody of another constable—we took him to the station, which took us an hour, as it is three miles—I went back to No. 4, and found marks of violence, and that a coal-plate had been removed at No. 6, and the stone to which it had been fixed in front of the house was taken away—I searched the road the prisoner had run over, and found this gimlet and wax taper (produced)—this screw-driver was taken out of the prisoner's hand when I captured him—I searched him, and found a gold albert-chain, and some lucifer-matches, and this rope in his pocket—this knife was found in the front garden, where his clothes were lying under the wall.
Cross-examined. Q. Have you made enquiries at No. 4 and No. 6? A. Yes; but nobody knew the prisoner—he said that he went there to ease himself—No. 4 is next door to No. 6.
MR. DALEY. Q. Was there any handle to the iron. A. No; it is perfectly tight, and fits into the stone.
ROBERT MOORE (Policeman, D 310). On 3d June I was on duty in Carlton-mews about half-past 1 o'clock, and saw the prisoner running in his shirt and stockings—I pursued him, and took him under a lamp-post—his hands were very black, as if he had been. handling coal—I saw that the coal-plate had been removed—I do not think it could be lifted without putting something under it—I do not think there was any handle to it.
Cross-examined. Q. Is there a division between No. 3 and No.4? A. Yes; a wall—I saw no coal lying about—I saw no coal on his shirt, but it was a coloured one.
HENRY WHITE (Policeman, D 13). I examined the garden at No. 4, and found that the coal-plate had been removed, and the stone pulled out—I called up the gentleman, and went down with a servant and examined the coal-hole—I found a quantity of paper and burnt lucifers lying opposite the hole.
SARAH BARTHOLEMEW . I am parlour-maid to Mr. James Howes Elverson—I was the last person up, and everything was safe at half-past 12—I was called up between 1 and 2 o'clock, and let in the police—I went into the coal-cellar, and picked up some matches, which we never take into the cellar—we always have a candle—the coal-plate is only taken up once a year, when we have coals in—I live at No. 6, and had been in bed about a hour.
Cross-examined. Q. How large is the coal-plate? A. The stone was taken up, and I could have got through myself.
GUILTY of the attempt.
MR. DALEY conducted the Prosecution, and MR. WOOD the Defence.
ELIZABETH ROBERTS . I am servant to Mr. Morriss, of 4, Portsdown-road North, Paddington—on 12th April I saw all the doors and windows quite secure, and went to bed between 12 and 1 o'clock—I got up next morning between 6 and 7, and found the back-door wide open—I missed 3 tablecloths, 2 plated tankards, and 1 silver one—the kitchen-door had been bolted top and bottom, and locked—there were no marks of violence—the
stone of the coal-plate had been removed—these 2 tankards (produced) are very much like what I missed.
Cross-examined. Q. Are they silver or plated? A. Plated; Mr. Morriss's silver one is not to be found.
Cross-examined. Q. How often have you seen it? A. For 6 or 7 years, and it was in the house the night previous to the robbery—it was in the possession of an aunt of mine, and then it came into the possession of Mr. Morriss—it is not silver—I have seen it two or three hundred times—one of these tankards has less gilt on it. than the other—I have drank out of both, but this one was always recognised as mine.
MR. DALEY. Q. Have you any doubt about it? A. No.
EDWARD VINCENT (Policeman, D 375). On Tuesday, 7th June, I went to 27, Crown-street, Seven Dials, and found there these 2 tankards, a small vice, a small saw, a chisel, a small file, a pair of pliers, and this centre-bit, (produced)—I did not see the prisoner there.
Cross-examined. Q. Who did you see there? A. A woman.
Cross-examined. Q. Do you not know that the prisoner had these 2 tankards some time before the robbery. A. Yes; he bought them in the middle of March—I gave him the money—one has a mark on the bottom, and the other on the handle.
MR. DALET. Q. Where did you get the money? A. I got it of a night of other gentlemen—we had very nice furniture—I gave him the money to buy all of it, because I thought he knew better how to buy than myself—he bought them at a sale in the Westminster-road.
COURT. Q. Why did he do so? A. We keep two or three girls, and gentlemen come to the place—we bought these tankards for them to drink out of—I saw the other things the policeman produced, but only when the prisoner bought them—he bought them to make a sofa, a book-case, and a dresser—one of the detectives saw the things he made—this centre-bit is to make holes to make the screws—he made this saw from my old stays.
MR. WOOD. Q. Ishe a cabinet-maker? A. No; but he can do anything.
GUILTY .—He was further charged with having been before convicted, at Liverpool, in March, 1857, when he was sentenced to Six Years' Penal Servitude; to which he
PLEADED GUILTY.**— Ten Years' Penal Servitude.
THIRD COURT.—Wednesday, July 13th, 1864.
Before Mr. Common Serjeant.
MR. DALEY conducted the Prosecution.
WILLIAM THOMAS EWER , I am thirteen years old, and am in the employ of Richard Hellaby, a warehouseman, of 1, Gresham-street—about a quarter to 2, on 30th June, I was on the first floor, and saw the prisoner come down
stairs from the second floor, and he took from a pile of handkerchiefs one piece, containing seven, which were on the first floor, where I was—the piece is here (produced)—when he saw me looking, he put it under his coat and ran up stairs—I ran after him to the top of the house, and he threw the piece of handkerchiefs behind some empty boxes—I caught hold of him to stop him, and called to George Newman to stop him—I afterwards told Mr. Hellaby—I saw the prisoner stopped, and I picked up the handkerchiefs—I had seen him at the warehouse three or four times before—I have no doubt he is the man—he was stopped on the second floor by Newman—I should not think he had any business in the warehouse—he is not in the employment.
GEORGE NEWMAN . On 30th June, I was employed at Mr. Hellaby's—about a quarter to 2, I saw the prisoner there in the top floor, the packing-room—the last witness called to me to stop him—he ran down stairs and I ran after him, and stopped him—he was given into custody.
WILLIAM MALYON (City-policeman, 456). I took the prisoner from the last witness—I took him to the station, and searched him—I found on him one halfpenny and four duplicates—he said, at the station, that he had called there to see Mr. Farrar, whom he had done business with, and he had taken the piece of handkerchiefs to Bee what he would have them for to sell again—he gave a correct address.
The prisoner's statement before the Magistrate:"The only objection I have to make to the boy's statement is, that I never put the silk handkerchiefs under my coat, but carried them in my hand to the floor above; if I did so, it was afterwards, when I was going to the other flight above, when he was crying "Stop thief!" and I got excited; and after that, I remember nothing. I have only been five years in London come December next. was never in a position to see Mr. Farrar, until I had been a year in London; for one year after I made his acquaintance, I sold him several parcels; and since then, I have had no goods suitable for him to purchase. I have been four times in Mr. Hellaby's warehouse within the last four years, and on each occasion have seen Mr. Farrar the last time but one: I don't mean Thursday. I told him particularly I required work for my wife to make shirts, as I was doing nothing, but out of employ.' (The prisoner, in his defence, repeated this statement.)
NOT GUILTY .
701. WILLIAM HARRISON (39) , Stealing 30lbs. of preserved peel, and 101bs. of jujubes, the property of Frederick Machin and another, his masters; and AARON O'HOLANGIN, (54) , feloniously receiving the same.
HARRISON— PLEADED GUILTY .— Seven Years' Penal Servitude.
MR. COOPER conducted the Prosecution, and MR. SLEIGH defended
CHARLES THOMAS GAYLOR (City-policeman, 95). I was employed by Mr. Machin, of Bishopsgate-street, confectioner, to watch the prisoner Harrison—about Thursday, 13th June, soon after 1 o'clock, I saw him leave Mr. Machin's premises—I followed him down Union-street, as far as Shepherd-street, Tenter-ground, Spitalfields—that is where O'Holangin carries on business—it is a little general shop—he sells sweets, bundles of wood, grocery, and so on—Harrison went in there, and remained about ten minutes or a quarter of an hour—he had no bundle or parcel with him when he went
in—I did not see what was done in the shop—next day, I watched him again—he left Mr. Machin's premises about the same time, and went in the same direction as before—when he got into Artillery-street, Whitney, the other officer, and I stopped him—we told him we were police-officers, and asked him if he had anything about him—he said, "No"—we took him into a passage to search him—Whitney found something on him, which I saw him produce at the station—I did not see where he found it—this is it (produced)—it has been wrapped up in this piece of paper since—on the same day, we went to O'Holangin's, in Shepherd-street—I saw him, and asked him if his name was O'Holangin—he said, "Yes"—I told him we were officers, and that we had information that he had been buying some peel and jujubes of a person we had in custody—I did not mention the name—he said he had bought some, and he took me to a drawer, opened it, and showed me a quantity of citron, I think about 181bs.—I asked him if that was all he had bought, and he said it was—I asked him if he had not, purchased some jujubes—he said, no, that was all he had got—I saw some there in a basket, wrapped up in paper similar to this found on Harrison—Whitney took charge of that—I took O'Holaugin into custody, and left two officers to search his place.
Cross-examined. Q. Do you know that his wife keeps a stand in a place called "The Change'" where they deal in clothes and handkerchiefs? A. No, I knew nothing about them before—I took O'Holangin to the same station-house as Harrison—I did not ask him in Harrison's presence if that was the man of whom he had bought these articles—the other officer asked those questions.
GEORGE WHITNEY (City-policeman, 497). On 30th June, I watched the premises of Mr. Machin, with the last witness; and at 1 o'clock on that day, I followed Harrison to O'Holangin's shop, and again at a few minutes past 7 the same evening—he went into the shop each time, and was there ten minutes or a quarter of an hour—he had no bundle or parcel with him whatever—on the day we stopped him, we traced him in the same direction, and Gaylor and I stopped him in Artillery-street—he first said he had nothing on him—we took him into a passage in Bishopsgate-street, and he unbuttoned his coat, and gave me this 4 lbs. 15ozs. of peel—he had two waistcoats on, and the peel was between the two waistcoats—there were two pieces wrapped in a handkerchief in his pocket—when he unbuttoned his coat, it all fell out, except what was in his pocket—I then went with Gaylor to O'Holangin's shop, about half-past 2—we saw him there—Gaylor asked him if he had bought any peel—he said he had bought some, and showed us some in a drawer, and said that was all he had bought—after that, some more was discovered; some in the drawers behind the counter, some in the shop window, and some in a basket; 12 lbs. altogether—I heard Gaylor ask him if he had bought any jujubes—he said, "No"—I found some in sheets in a drawer behind the counter, and some in the window in glasses, cut up—I was left to search the premises—I searched the bedroom, and found 180 silk handkerchiefs in a box under the bed, some new and some second-hand; some with names on in full, others where the names had been picked out—I also found three quarters of a hundredweight, short of three pounds, of soap, which had all been scraped—Gaylor asked O'Holangin if he had any invoice—he said he had no invoices to any of the goods.
Cross-examined. Q. Did he say, when he bought things of this kind from persons who were travellers and manufacturers, it was not usual to have an invoice? A. He said when he bought those sort of goods, he bought them
as low as he could, and he did not get invoices—he kept what is commonly termed a chandler's shop—I asked him at the station whether Harrison was the man he bought the things of—he said, "I think that is the man"—I said, "You can make sure of it;" and almost immediately after, he said, "Yes, it is the man"—Harrison stated before the Magistrate, that in whatever way he got these goods, O'Holangin had no idea in what way he got them—he said that he took them in small quantities to him, and he said he was a maker of jujubes; that O'Holangin did not like the mucky appearance of some, and he said he would come and doctor it for him at any time—that was substantially his statement at the Police-court.
FREDERICK ARNOLD . I am manager to Mr. Frederick Machin, a confectioner, who trades under the name of Batcher and Co., 15 and 16, Bishopsgate—we have as many as five hundred hands at work, and the stock is very large; hundreds of tons of sweets—Harrison has been in our employment as porter about seven years—in consequence of information we received, Gaylor and Whitney were employed to watch, and on 1st July, I went to O'Holangin's premises with Gaylor, and saw him find a quantity of preserved peel and jujubes—these are the articles; they are Mr. Machin's property—I am quite sure of that—I know them from eight years' experience in the trade—we never sell jujube in this form—it is cut up by machinery into a diamond shape—this sheet of jujube has a muddy appearance—it undergoes another process to make it clear—this is in an unfinished state—any person who sold it would know that—the citron is finished—some of this jujube is cut up—I don't know how, but certainly not with our machine—it would be impossible to miss anything from our stock; we make between 200 and 300 tons in the course of the year—we take stock once a year—I don't know that O'Holangin has ever dealt with as—we do not wrap the citron up in paper at all; it is packed in cases—I should discharge any one if I saw them doing up peel like this.
Cross-examined. Q. Were some of the jujubes in glasses in the shop? A. Yes; in the window—I think these goods are worth about 2l
O'HOLANGIN received a good character from several witnesses.
NOT GUILTY .
MR. SLEIGH conducted the Prosecution; MR. COLLINS tlie Defence. THOMAS SMART. I am a City detective-officer—in consequence of some instructions I received, on 12th June I went to Old Swan-lane, Thames-street—I had seen the prisoner on the 8th, at the Black Lion public-house, Bishopsgate-street Within—I saw him meet Mr. Pye—I did not hear what passed between them—I saw them separate, and did not see the prisoner again till the 12th—he was then going on to the pier, from Thames-street, by a Chelsea boat—he was carrying a bundle tied up in this handkerchief (produced)—I went up to him and said, "Your name is Slipper, I believe"—he said, "Yes"—I said, "What have you in that handkerchief?" at the same time telling him I was an officer—he said, "I have some stuff for making combs"—I said, "From whom did you get it?"—he said, "From a man who brought it to my house"—I said, "I have reasons to believe that that property belongs to Mr. Carter, of Primrose-street, and that it is
ivory"—I then requested him to accompany me to Bishopsgate-street police station—on our way there, I asked his address, and he produced his card—I undid the handkerchief at the station, and found it to contain these pieces of ivory for combs—I asked him how many there were—he said, "Two gross"—which is 24 dozen—I said, "How much did you give a gross for these things?"—he said, "Five shillings a gross"—I then put the question to him, "Do you mean to tell me now that you don't know the man from whom you bought them?"—he said, "I do not; I have had them in my possession for more than a week"—I searched him, and found one piece of ivory in his purse—I said, "You sold a gross of these things on Sunday last to a person of the name of Pye," and he said, "Yes; I did."
Cross-examined. Q. What time of the day was this? A. 10 o'clock in the morning—he answered all the questions I asked him directly—he did not hesitate at all—he gave me this card—it is one of his business cards—I searched his house, but found nothing connected with these—he is a horn polisher, I believe.
EDMUND PYE . I am a comb-maker, at 3, Queen-street, Chelsea—I know the prisoner as a horn presser and polisher—he has been in my father's employment—on Sunday, 5th June, he came to my place—I had seen him on the previous Tuesday, and he asked me if I could do with some ivory pieces to manufacture combs, as he was in a position to get some pieces, and supply me with three or four gross a week—I said, "Yes;" and he said he would bring me a gross on the following Sunday as a sample—he came on the Sunday, and brought me a gross and four pieces of ivory, for which I paid him twelve shillings—these are the things—it is not customary to sell pieces of ivory in this state—on the following day, I communicated with Mr. Carter, of Primrose-street, upon the subject, and on the Tuesday I saw the officer Smart—I wrote a letter on that day to the prisoner, making an appointment, and met him on Wednesday at a public-house, nearly opposite the London Tavern, from about half-past 7 to 8 in the evening—I told him that I could do with some more pieces—he said, "How many would I have, as he was unable to get them without three or four days' notice"—I said, "I should like two gross; when can you bring them?"—he said, "I can't bring them before Sunday, but I shall by then, and it will not interfere with my work"—he then made an appointment to bring me two gross on the Sunday—I did not see him again till the following Monday, when he was in custody—this description of ivory, in my judgment, is worth from twenty-five to thirty shillings a gross.
Cross-examined. Q. Have you ever bought ivory before from any one? A. No; I do not manufacture it myself—I was in a position to manufacture combs, but not of this description—I have manufactured ivory into dressing-combs, but only for Mr. Carter, and for Mr. Simnitt of Kennington-cross—I have received from Mr. Carter certain unmanufactured ivory to make into combs, but not above twice or three times; perhaps I have received it a dozen times from Mr. Simnitt—we are manufacturers of dressing-combs—the other combs are quite a different branch of the trade—I have known the prisoner ten or twelve years—he never made combs—he prepared them for cutting the teeth—I do not know that he ever made horn combs—he flattens the horn into sheets, preparatory to its being manufactured into combs.
MR. SLEIGH. Q. IS it this description of ivory that is given out to the men to make up? A. No; not on any occasion—making these tooth-combs is a totally different process from making dressing-combs—dressingcombs
have to be worked up by workmen between each tooth—the ivory is never sold in this state.
WILLIAM CARTER . I am an ivory merchant and workman in ivory in Fleur-de-Lis-street—I never saw the prisoner till I saw him in custody—this (produced) is the description of ivory that I manufacture—it is in an unfinished state, and is used for the purpose of making fine tooth-combs—I never sold pieces of this sort in this state—I have a very large stock—we should not miss a gross or two, or twenty gross—this ivory is my property—it is worth from twenty-five shillings to thirty shillings a gross.
Crow-examined. Q. You have no doubt that that, some time or other, was your ivory? A. No; I make 100 gross a year, all on my own premises—I cut my ivory with water; that is how I know it—there are five or six ivory manufacturers in London—there are some in other parts of the world—I know them all, all over the world, I think—I have cut my ivory combs with water for fifteen years—the advantage in cutting them with water instead of oil is, that the work will not discolour by keeping—ivory cut with oil is apt to discolour by keeping, which deteriorates from the value of the combs if you have not a quick sale for them—I have not taken out a patent for cutting with water—it is open to every one to do it—I know these by the race the saw makes, and you will find these are rougher than my uncle's, or any body else's—that is a disadvantage—I make the saws that my ivory is cut with myself—we have not taken stock since Christmas last—we take stock every year—I have 8,000 gross in stock—I cannot pledge my oath that I have lost a single piece of ivory—I could if I took stock, I dare say—I cannot tell whether these particular pieces were cut five, three, or two years ago—they may have been cut fifteen years or fifteen weeks.
MR. SLEIGH. Q. Looking at that ivory, and the marks where the saw has passed, does that afford you any means of saying whether that is your own cutting? A. Yes; I have not the least doubt about it.
NOT GUILTY .
WILLIAM CARTER . I am uncle to the prosecutor in the last case, and carry on business as a manufacturer of ivory and an ivory merchant in Primrose-street—I do not know the prisoner at all—this ivory before me was handed to me by Mr. Pye—I fully believe it is my property—I am sure it is—I cut in oil—this ivory is in an unfinished stare—I never sell it in this state—there are three or four different stages of manufacture here, altogether—I never heard, in all my experience, of any person dealing with ivory in these different stages, all mixed up together—they are kept separate in the shop—I think they have been taken in this state—it is quite probable that these pieces have been cut within the last two or three months—it might be a little more or less; not fifteen years ago, or fifteen months—they are worth between twenty-five shillings and thirty shillings a gross.
Cross-examined. Q. They are of different sizes, are they not? A. Yes—my people cut in oil—I believe my nephew is the only one in the trade who cuts in water—the trade generally in all parts of the kingdom out in oil, to the best of my knowledge—ivory discolours if it is not kept very carefully; some ivory will discolour while it is being cut, and some will remain free from discolouration for a considerable period—if it is carefully kept, and if it is cut in water, it remains a good colour for some months—in some cases
ivory out in oil discolours, and in Rome cases it does not—I have known it discolour as soon as it is cut, and I have known it keep clear for a considerable period—we try to prevent our ivory discolouring, and in the majority of cases we succeed—I have about four or five hundred gross in my warehouse—I have not personally missed any—we took stock last Christmas—a horn presser would know very little of the ivory cutting; it is quite a different branch of trade.
MR. SLEIGH. Q. Have you got what you call a stepping machine? A. Yes, manufactured for our own purpose; the one piece is what we call shaped, and the other is stepped—one is more round than the other—that process is peculiar to my own establishment.
MR. COLLINS. Q. Do not other dealers shape or step? A. No, not by that process—the result is that one is a circular cut, and the other is a straight cut—I know the difference when they are finished—I fancy it is an advantage to have a circular cut—I have not taken out a patent—any other ivory dealer in the kingdom could have the same machinery as I have, if he went to the expense—I thought it was worth while—my nephew thinks differently.
COURT. Q. You say there are different modes of bevelling, there is one which you call stepping, and then other fine processes which make it smooth? A. Yes, I have a machine for it—when the bevelling is finished I could tell whether it had been done with my machine, or not—I should know they were different—my place is not above 300 yards from my nephew's.
The evidence of Edmund Pye and Thomas Smart, at given in the preceding case, was read over to them, to which they assented.
NOT GUILTY .
MR. THOMPSON conducted the Prosecution, and MR. COLLINS the defence.
GEORGE BROWN . I live at Southsea, Portsmouth, and am a mariner—I know the prisoner—I was present on 7th May, 1850, at Kingston Church, Portsea, when she was married to John Wintland; I was a witness to it—I saw John Maitland five minutes ago.
Cross-examined. Q. What is Wintland? A. A mariner—I saw them after they were married—I was only home a month—I went to sea, and have not seen them since.
Cross-examined. Q. Have you been married seven years? A. Yes, I lived with her some years before we were married—I knew by her own statement that she had been married—I lived with her first in 1856, two years before I married her—I did not see her former husband during that two years—she said she had not seen her husband for seven or eight years, and she pressed me to marry her—I never saw her husband till some time after we were married—we were living happily together up to the time that she was given into custody.
COURT Q. Did you learn anything from the first husband? A. He has been away to sea, a number of years—I did not learn from him how long.
NOT GUILTY .
The following prisoners PLEADED GUILTY:—
708. CHARLES FRANKLIN (63) , to stealing a pewter pot, the property of John Ingram, after a former conviction of felony, in December, 1862, at Clerkenwell.— Three Years' Penal Servitude. [Pleaded guilty: See original trial image.]
709. WILLIAM HENRY SMITH (44) , to stealing 36 yards of lace, the property of William Dewey and another, after a former conviction of felony, 21st September, 1863.— Confined Twelve Months. [Pleaded guilty: See original trial image.] And
FOURTH COURT—Wednesday, July 13th, 1864.
Before Robert Malcolm Kerr, Esq.
MR. THOMPSON conducted the Prosecution.
JOHN MOUNTAIN FRENCH . I am a lead and glass merchant, of 12, Commercial-street, Whitechapel—on Saturday, the 4th June, about 3 o'clock in the afternoon, this letter (produced) was brought by the prisoner, and handed to me by my clerk—the prisoner was in the warehouse—I went to him with the letter, and asked him if he brought it from Mr. Dears-ley? he said, "Yes"—I said that Mr. Dearsley had no account with us, that we were unacquainted with his form of order, but that we would send them on, and I told him that attempts had been made to obtain goods from us by means of forged orders—he replied that they were for a country order, and he was very anxious to have them that they might go away that evening—it was then 3 o'clock—I said my man should put them up immediately, and I would send them round; I added, "If you will wait a minute my man shall accompany you"—he said, "Get them ready, I will just step out and come in again in a minute or two"—I said, "I would rather you wait, it will not take us more than a minute or two"—he said he would: step out, and that he would not be more than a minute—I said, "I do not like your going out, and if you go I shall suspect you"—he then said he would remain—I told my foreman to get the things ready—the prisoner again seemed very anxious to leave, but I put my hand upon his shoulder and said, "No you shall not, I now suspect this case"—I followed him till I met a policeman, and I gave him into custody, upon which the prisoner replied that as the policeman was off duty he could not take him—after leaving our warehouse, and before meeting the policeman,—the prisoner said, "I do not know what I am walking with you for"—I replied that I did.
JAMES HERBERT DEARSLEY . I am a builder, carrying on business at 49 and 50, Liverpool-street, City—that letter is not written by my authority, or by any one in my employ, and I have no knowledge of any such order.
WILLIAM THOMAS (Policeman, H 141). I took the prisoner into custody on the 4th June—he said I was not on duty, and I could not take him—he said he received the letter from a man in Sun-street, and that he was to reward him for his trouble.
GUILTY .— Confined Twelve Months.
MR. BESLEY conducted the Prosecution, and MR. GIFFARD the Defence.
JAMES STEVENS (Police-sergeant, C 24). At 11 o'clock, on the evening of the 21st June, I was on duty in Clifford-square, and saw the prisoner and prosecutor—the prisoner first came out of a doorway, and the prosecutor came out of the same doorway directly afterwards—he said, "She has got my watch"—I laid hold of her, and he did also—I produce a watch—I saw her pass something into the prosecutor's hand, and I got the Watch from him—the prisoner said, "For God's sake do not lock me up, for the sake of my children; I have not got the watch"—I said, "No, I saw you give it to him."
Cross-examined. Q. In what state was the prosecutor? A. Quite sober—I did not see what was passed from the prisoner to the prosecutor, but I took from his hand what she passed into it.
COURT. Q. Did you see them go into the doorway? A. I did not—it was a door with a portico over it—the door was a little back—I saw one man passing the door at the time the prosecutor ran out, and that man went along Saville-row—he appeared to be a respectable man—I did not hear the prosecutor call out until he got hold of the prisoner—if he had called out before, I must have heard—I could have apprehended the other man I saw if the prosecutor had given an alarm, as I had a constable on duty in Saville-row.
MARTIN LUTHER MOSS . I am a hosier, carrying on business at No. 131, New Bond-street—between 10 and half-past, on the night of the 21st of June, I was in that street—I was perfectly sober—I was walking from Piccadilly towards Oxford-street—I saw the prisoner at Long's Hotel—she asked me if I would lend her a light coat which I had on—I turned round, and walked back—at the corner of Burlington-street she asked me to treat her—I said I should do nothing of the kind—we walked on beyond Burlington-gardens—I did not notice any other persons—when I got to the corner of Cork-street, some men came behind, and pinioned my arms—the prisoner pushed aside, and I saw my watch-chain drop; she was then in front, close to me—she then ran away—I ran after her to the corner of the next street, about a dozen yards—I then laid hold of her, and the police-sergeant came up—I did not see my watch until I got to the police-station—I had had it in my hand, but had not seen it—the prisoner put it into my hand—she said at first she had not got my watch; then she handed it back, and asked me not to lock her up—the watch (produced) is my watch.
Cross-examined. Q. When you met the prisoner, were you going home? A. I was going that way—I do not know how far I walked with her—we walked before I lost my watch some six or seven minutes—she did not say anything besides asking for a glass of wine, nor did I—I did not stand still a short time—I did not see the prisoner's face distinctly; she had her veil down—I did not lift it—when I met the prisoner she was not walking; she was loitering about, and I turned back.
MR. BESLEY. Q. Did you lose sight of her from the time you saw your chain drop? A. No—the watch was safe in my pocket before I met her.
The prisoner received a good character from her former master who offered to take her back again
NOT GUILTY .
Before Chief Justice Erie.
To enter into his own recognisances in 100l. to appear and receive Judgment if called upon.
There were two other indictments against the prisoners for forging and uttering acceptances to Rills of Exchange upon which MR. GIFFARD offered no evidence.
MR. PIFFARD conducted the Prosecution.
EMMA LUDFORD . I am acquainted with the prisoner—we were in a public-house on 15th June with my sister and several others—we drank several glasses of brandy and water, and then left the public-house—the prisoner and I left together—I turned to look after my sister, and I think my foot slipped somehow, and I said, "I think a knife has gone in my side"—I felt a prick—the prisoner said, "Oh, nonsense!"—my sister afterwards, saw blood on my side—the prisoner and I were proposing to go to Hampton Races next morning; that I should meet him at 9 o'clock to go with him—I walked along and saw my sister—I said, "I have got such a pain in my side"—she lifted my frock, and found the blood—I do not know whether I had been struck by the prisoner—we had been eating bread and cheese in the public-house—nothing had passed between him and me—we had only been joking—I mean to say that I do not know how I got the prick in my side.
COURT. Q. Was he the person who was by your side? A. Yes—I felt a little prick—I did not see him pull out his knife, but he had been eating bread and cheese in the public-house previously—I did not see his knife in his hand—I have spoken of this before, but I was so confused I hardly know what I did say—I saw the police, and they said I must not leave until I did go to the police-court—I had a wound, and there was nobody there who could have done but the prisoner; but I do not think he did it intentionally—we were not having any words—we were standing quite comfortable, proposing to go to the races next morning.
MR. PIFFARD. Q. I believe you were examined the morning after this took place? A. Yes—I may have said then that he asked me whether I intended to have anything more to do with him; but if I did it was in the confusion—something to that effect was taking place when I first met him that evening—we had been on intimate terms, but had ceased to be so for a time on account of his having a bad knee, and he said that he could not
support me till he got into employment—I cannot say whether I refused to have anything to do with him or not.
Q. Did you say that you saw him pull a penknife from his pocket, and stab you in the side? A. If I did I cannot say so now, for I am confident I never saw him do so—I put a mark to this piece of paper—before I did so it was red over to me—I can read—(Looking at her deposition)—I cannot say that I did not say so; but if I did it was wrong—we had both been drinking very freely.
NOT GUILTY .
NEW COURT.—Thursday, July 14th, 1864.
Before Mr. Recorder,
MR. LANGFORD conducted the Prosecution.
ELIZABETH BARKINGS . I am in the service of Mrs. Shaw, of Stanhope terrace, St. Pancras, and have been so three months—on 17th June, about 8 o'clock in the evening, the prisoner came—I knew him by his living in the same house as my mother, and had seen him frequently, but only once to speak to him—he knocked at the door and said, "Put on your bonnet, and come with me directly"—I looked at him, and he said, "Don't you know me?"—I said, "Yes," and went and told my mistress—she said, "What do you want with my servant?"—he said, "Aye?"—she said, "What do you want with my servant?""—he went away, and we saw no more of him then—I fastened up the doors that night from 10 to half-past, and went to bed—the area door has wood at the bottom and glass at the top, but the glass had been broken the week before, and a person could put a hand in, and unbolt it—I found it unbolted at 1 o'clock—I heard a noise by the breakage of the kitchen window—the prisoner threw one of his boots through it, which I found in the kitchen—I do not know whether he is quite right in his mind.
NOT GUILTY .
MR. PLATT conducted the Prosecution, and MR. PATER the Defence.
HENRY BRIGGS . I am a seed-crusher, of Bishopsgate-street—on 7th June, about ten minutes to 4 o'clock, I was near the crossing from Leadenhall-street to Gracechurch-street—there was a great crowd, and I saw the prisoner on my right-hand side, close to me—I had a silver watch with a chain attached—I heard a slight click, looked down, and my watch was gone, and the chain hanging down—I did not examine the chain, because I lost it afterwards—the prisoner was then close by my right side—I saw his hand drop by my side—I looked hard at him, he looked at me, and rushed away to the middle of the road—I ran after him, and called "Police"—he went towards Bishopsgate street, and turned up Cornhill afterwards—I saw his coat, and never lost sight of him—the prisoner is the man—this is my watch (produced)—it is a chronometer, and worth about 15l.
Cross-examined. Q. What chain did you wear? A. A gold half-moon chain, with a screw swivel—I cannot say whether the swivel was left attached to the chain, for I lost the chain afterwards—the ring of the watch is not broken.
JAMES HENNESSEY . I am an errand-boy, of Castle-street, Whitechapel—on 7th June I was at the corner of Cornhill, and saw this watch drop from a man who was running on the side of the kerb—I cannot say whether it was the prisoner, and do not know what became of him—I did not Keep my eye on him.
COURT. Q. Did you see any other person running? A. No—I up the watch, and gave it to a young man standing by my side, who gave it to a policeman.
GEORGE ALDRIDGE . I live at Richmond—I was on Cornhill on 7th July—I heard a cry of "Stop thief!" and saw the prisoner running—I am positive he is the man—he dashed under the arms of the policeman, and several gentleman—I caught him in my arms in the middle of the road—he said, "Let me go; you have made a mistake; I have not got the gentleman watch"—I had not spoken to him then—I saw the little boy give a watch to a young man, who held the boy's hand up so, and the constable took the watch—that was Hallett, No. 667.
Cross-examined. Q. What are you? A. A police-constable on the south Western Railway—I have been a policeman on the Great Eastern Railway—I was not discharged—I left of my own accord.
WILLIAM HALLETT (City-policeman, 667). I heard a cry in cornhill, and saw the prisoner running—I am positive he is the man—he dashed through my brother officer's hands, and then went under the tail of a van—I ran after him—he saw me at the corner of Bishopsgate, and turned up Cornhill—I ran 180 yards after him, and Aldridge caught him—I received the watch from Hennessey.
GUILTY .— Confined Six Months.
The particulars of this case are unfit for publication.— GUILTY .— Three years Penal Servitude.
THIRD COURT.—Thursday, July 14th, 1864.
Before Mr. Common Serjeant.
MR. SERJEANT PARRY with MESSRS. POLAND and LEWIS conducted the prosecution. MR. MONTAGUE WILLIAMS defended BROUGHTON, and Messrs. SLEIGH and THOMPSON defended KEIGHLEY.
COLIN MCVEAN . I am now valet to Mr. Beresford Hope—in November last I saw an advertisement in the Daily Teleqraph; it was something about getting employment for people—there was a reference in it to Mr. Magarigle, 1, Farringdon-road—consequence of that advertisement I went there, and saw the prisoner Magarigle—I went there there several times—there was an office there on the first floor, and a sort of private room adjoining and another private room upstairs over that—I don't know whether Magarigle's name was up; there were several names both on the window and on the side of the door—I told Magarigle I was looking out for, employment, and if he could assist me in obtaining such I should feel obliged, or
something to that effect—I don't know that I pointed out the advertisement at that time—I told him I had got a little money, and if he could assist me in investing it I should be obliged—he said that he could obtain me a situation, and mentioned Mr. Broughton's name—he said that Mr. Broughton was publishing a directory at Sydenham, and he wanted such an one as myself, and he thought the place would suit me and I should suit the place—he advised me to go down to Sydenham and see Mr. Broughton, and he gave me the address, "Paxton Park, Sydenham"—he said that Mr. Broughton would require a deposit of 100l.—I cannot say exactly what was stated then—nothing more took place at that interview—the following day I went down to Sydenham—I found Paxton-park; it is in Lower Sydenham; it is a sort of street formed with no outlet at the end—I made inquiries for Mr. Broughton, and found he was living in a house there—I told him I had come about the situation Magarigle had mentioned to me, and he made an appointment to meet me at Magarigle's—I cannot say exactly what passed between me and Broughton at that interview—he told me the nature of the work I should have to do—he said I should have to assist him in getting the directory for Norwood and Penge, and all round there.
COURT. Q. Did he seem taken by surprise at the mention of the situation by Magarigle? A. No; he answered at once.
MR. POLAND. Q. Was anything said about you having to collect money? A. Yes; he said he was a debt-collector as well, and I should have to collect a good many debts—nothing was mentioned about the money on that occasion—a few days afterwards I went by appointment to Magarigle's office, in Farringdon-road, and saw him and Broughton there—we went into Magarigle's private room—Broughton stated the nature of what I was to have to do; that I was to receive 30s. a week to commence with, and wanted me to be bound for twelve mouths—Magarigle took down in writing the terms which Mr. Broughton offered, to enable him to draw an agreement out—Magarigle said, "By-the-bye, you will want a deposit," and Broughton said, "Yes, 100l."—he said I should have a deal of money to collect on account of the directory, likewise to collect debts; and he had a tradesman's book with him, which he showed me, and said, "You will have a good many of these to collect"—there were names and amounts—I said I should be prepared to deposit the 100l.—I told Magarigle that if I deposited my money I ought to have security—he said he did not suppose that I should get consols for my security—Broughton was not present at that time—Magarigle said if I left the case in his hands he would see that I was righted, so that in case of Mr. Broughton's death, or anything occurring to him, he would get a man to stand in with him in the agreement, to sign the agreement—I did not agree to go into the employment for a month in the first instance—at first, when the draft of the agreement was made out, it was for twelve months, and he told me to sign that the same evening; and he said, "It is merely to authorize me to draw the agreement"—that was a memorandum—I signed it with the understanding that it was merely to authorize him to draw the agreement out—this agreement (produced) was afterwards prepared—I signed this about the end of November, at Magarigle's office—Broughton was present when I signed it, and he also signed it—Keighley was there; he was introduced by Broughton as a respectable tradesman—it is witnessed by J. Magarigle and E. H. Keighley—at that time I told them that I did not think I should like the work, and I would rather give it up altogether—that was before I signed this agreement, and after I had signed the other, which was in Magarigle's possession—Broughton said I had put him to great inconvenience; he had lost his time, and it was some expense coming up and down by the train, and that he had provided a respectable tradesman to sign with him, and he was prepared to sign then—Magarigle said I was putting him to inconvenience as well, because he thought Mr. Broughton's place would exactly suit me, and he had turned two others off—I offered to go and find one or both of those parties for them, but they said they did not consider that would be business-like, after they were once turned off that they should be sent after again—Broughton then left, saying to Magarigle, "Never mind, I will see about it in a different way"—I took that at the time as a threat to take legal proceedings against me, because I had signed the other paper—when he had gone out I asked Magarigle what Broughton meant, and he did not appear to know, but brought up the other paper that I had signed before, and said, "Here is your own signature"—I said when I signed that paper he told me it was merely a formal affair, to enable him to draw the agreement out, and asked him what I had better do—he said he had been telling me several times what I ought to do, trying to get me out of the scrape, that I should enter into the engagement with Mr. Broughton for a month, and at the end of any week I could give notice to go; he could provide Mr. Broughton with another man to succeed me, that man should have 100l. deposited, and if I failed in getting my 100l. from Mr. Broughton, I should have that 100l., and I should be doubly righted—I then signed the agreement; it was altered from twelve months to one month by Magarigle, at his office, in the presence of Broughton and myself—Keighley was not there then; he came in afterwards—I wanted Magarigle to sign it as a witness—he did not appear to like that much; however he did afterwards—when Keighley came in, Broughton said to him, "This is considerably altered"—he looked over it and said, "Yes, I observe it is"—Broughton said, "Will you sign it?"—Keighley asked whether he should get into trouble about it, or something like that—Broughton said, "No," and then Keighley wrote his name at the back, and this, "In the event of Mr. Broughton not fulfilling this agreement, I undertake to do so. E. H. Keighley"—that is Keighley's writing—I afterwards paid Magarigle 100l.—it was a cheque drawn by Lord Fortescue—I proposed to take it to Coutts's bank to have it changed, but Magarigle said as he paid his bankers for cashing his cheques it would save trouble, and he would undertake it, and Broughton agreed that that should be done—"This agreement is a receipt for the money," is written on the agreement—on 1st December I went down to Sydenham for the purpose of fulfilling my engagement—I took lodgings there at a beerhouse, just at the corner of Paxton-park—I remained down there eleven weeks—I did not see any office there; Broughton lived in a house—I saw him from time to time, and went to his house, and he sometimes called upon me at my lodgings—I was employed to take down the names and addresses of the inhabitants of Penge, Lower Norwood, and Upper Norwood—he said he was going to publish a directory of that district—I wished to leave as I did not like the work, and I asked Magarigle on several occasions to find a substitute for me—I gave Broughton the due notice, a month's notice, I believe the first Saturday after I went there—no substitute was found—I did not get any salary while I was there—I was expecting to leave at the month's end—I did not ask for any salary—I had several interviews with Magarigle, and he told me that as I had not paid my commission for getting the situation, he had not exerted himself in getting a substitute—I had written to him previous to that, and said that if he had told me I would have paid it at once—I had not got the money with me at the time, but I called the following morning and paid him a guinea—before that I received this account for one guinea in this letter, asking me to forward the amount of the enclosed account—I got no receipt for that guinea, some other part; was in the office at the time—Magarigle then said he would exert himself to find a substitute; no substitute was found—I told them I was very anxious to get away, as I wanted to go into service again, and that was the time of the year gentlemen's service was to be obtained—I said I was doing no good to myself down at Sydenham—I never got my 100l, back—I left in February—I was there eleven weeks and three or four days—I stopped till the Saturday—I did not ask for the money exactly—I understood that Magarigle was to find this substitute to go on with Broughton's work, and I asked several times if he was forthcoming—on the last occasion when I called upon Magarigle, he put his hand upon my shoulder, threatened to turn me out of his house, and forbade me to come again—that was because I annoyed him about this substitute—he said he had never been annoyed so much in his life by anybody—that was the last occasion I was there—(The agreement was read, dated 28th November, and was between William Broughton of Paxton Park, and Colin McVean, who was to have 78l. a year, payable monthly, and to give one month's notice if he wished to terminate the engagement It contained a receipt for the money paid, and a guarantee signed by Broughton and witnessed by Magarigle and Keighley)—I got 2l. from Broughton after I left; that is all I received.
Magarigle. Q. What was the advertisement? A. There were so many of them, I don't exactly recollect what the terms of it were—I told you I had got 200l. to invest—I had that amount at that time—I saw a list of businesses at your place—I believed your office was a general advertising and partnership office—this is the first agreement(produced)—it has my signature—it is the one I have alluded to—you told me that was an authority to draw the other agreement out, and I paid a deposit of 10l. to you at your office in the Strand, and got a receipt from you—I can't recollect that you told me that it was Mr. Broughton's business—you afterwards showed me an Advertisement, and said you had been exerting yourself to find a substitute—previous to that you said you could get a man within a month—I think it was a crossed cheque I gave you, you gave me 10l. change.
Cross-examined by MR. WILLIAMS. Q. Did you have several interviews. with Magarigle when Broughton was not present? A. Yes; it was said that Broughton was publishing a directory, and that he was a debt collector and newspaper reporter or correspondent—I collected names at Sydenham, no debts—I have seen a paper called the Sydenham Chronicle—when it came out first Broughton and Magarigle were proprietors of it—I cannot recollect whether the cheque was offered to Broughton first—it was drawn out by Lord Fortescue and it was payable to me—I told Broughton I wanted some money—he said there was a good part of the 100l. which he had not received from Magarigle, that part of his directory would be out about the end of March, and I should have my money then from him.
Cross-examined by MR. SLEIGH. Q. Had Magarigle another office besides the one in Farringdon-road? A. Yes; one in Essex-street, Strand—I went and paid him the money there; he had clerks—I saw two or three men at the other office—I believed him to be a responsible and a respectable man from the appearance of the office—that induced me to part with my money; it
was entirely on his representations—he said he paid the banker for cashing his cheques.
MR. SERGEANT PARRY. Q. Is this part of the agreement, "Having satisfied ourselves of each other's responsibility, respectability, and position, we hereby affix our signatures," do you remember that? A. Yes—I signed that—the Sydenham Chronicle came out some time in February—I don't know how long it lived—I know nothing about it except what I have heard from them—I don't know in what name the business in Essex-street was carried on—Magarigle gave me the address.
Magarigle. Q. Did not one of my clerks named Fraser, at Farringdon-road, take an active part in the negotiation? A. If you were engaged he saw me, but he took no particular part in it—I might have been at the office carried on some time with him.
FRANCIS WILLIAM EDWARDS . I live at 23, St. Mark's-crescent, Clarendon-road—at the end of January, or beginning of February last, in consequence of seeing an advertisement in the Daily Telegraph, I went to Magarigle's office in Farringdon-road, Snow-hill—I saw him, and asked what the business was—he said to establish a local paper; that he was acquainted with, a gentleman at Sydenham of the name of Broughton, a person of very great influence, who was well known to all the gentry and clergy in the district, and he thought there was a great prospect of its success—he said that Mr. Broughton had brought out a directory—I said I did not think the prospects of a local paper were very good alone—he said it was not to establish the paper alone, but also to establish a house and land agency business—I was to pay 200l. down, and to receive 10l. a month, 120l. a year—I entered into a written agreement after I had seen Broughton—I saw him first at Magarigle's office—I asked him the nature of the business; he said he thought it would be a very good thing, but the business part of the arrangements he could not speak to me about, that was Magarigle's affair—this is the agreement that was entered into between us, dated 11th February. 1864—it was drawn up partly by my solicitor, Mr. Jackson, of Lincoln's-inn-fields, from instructions given to me in the first instance—I paid 10l. on deposit before the agreement was entered into, and after it was signed I paid Magarigle 190l. in Broughton's presence—security was mentioned beforehand; I wanted to know what security I should have for the money—Magarigle said, "Well, that is rather a difficult matter; I can't offer you consols, or anything of that sort; if I produce two first-class tradesmen, you will be satisfied with that?"—I said, "Yes, I should be satisfied"—he agreed to provide one security and Broughton was to provide the other—Magarigle introduced me to Mr. Cox—I went with him somewhere to the other side of Blackfriars-bridge, to Cox's barge-yard, I think, in Wharf-road—when I had got Cox's signature, I said, "It remains now for Mr. Broughton to get his security," and when I called at the office Magarigle said that Broughton's security had been and signed the bill—when they gave me the bill there was Mr. Keighleys name on it—I cannot remember that Magarigle said who Keighley was: I never saw him till he was in Court the other day—after signing the agreement, and paying the money, I went to the office in Farringdon-road for two or three days and Magarigle told me I had better go round to the different house-agents, and ascertain what property was to be let about Sydenham and that neighbourhood—I had my salary paid regularly every month—I went on 11th February, and left about a month before this case came before the Court—I had three payments of 10l. each—I have not received any portion of the 200l. except that—I left in conesquence
of these proceedings—the paper continued in existence sixteen weeks, I think—(This agreement was between Broughton, Magarigle, and the witness, signed by them, and attested by Mr. Jackson. The promissory note was for 2001. at twelve months, signed by Cox, Keighley, Magarigle, and Broughton).
Magarigle. Q. Did you know that I had then a very slight knowledge of Broughton? A. I asked you how you came to know Broughton, and you said you had known him a month or two, I think; that he called on you on business—you told me you thought very highly of the paper, or you would not go into it—I took nearly three weeks to consider this matter and referred to my friends and my solicitor—I saw Broughton two or three times before paying any money—I paid the 190l. at my solicitor's office—you kept books at Essex-street for what they were required—I complained to you that you were very dilatory about the house-agency business at Sydenham—the Magistrate at Guildhall said something about my evidence not bearing on the case or something of that sort—you and I have always been on very good terms—I inquired of Broughton several times what the paper cost weekly—I wanted to know what the expenses were—he told me that the printing alone cost 10l. or 12l. a week—I thought in my own mind that it cost altogether about 18l. a week—you said you were sorry to say that you expended something like 25l. a week on it, but you said, "Don't be alarmed, because the expenses are within what I put them down at."
Cross-examined by MR. WILLIAMS. Q. This paper was published regularly weekly, was it not? A. Yes, it continued to be published up to the middle of June; it came out one week after the prisoners were in custody—I went down to Sydenham occasionally—at the time the agreement was signed, this promissory-note was handed to me, dated a year on.
MATTHIAS FOWLER . I have been in the army; I am nothing at present—in March last I saw this advertisement in the paper: "Traveller and collector wanted in a suburban office, must be steady, and a member of the Church of England, and must be able to deposit 50l. to 100l. cash as security. The situation will be permanent and lucrative"—I am a member of the Church of England—I also had a little money—I went to Farringdon-road, and saw Magarigle—he said that Broughton had a situation that would suit me very well as clerk and collector of the Sydenham Chronicle, that he was a most respectable man, and every one lifted their hats to him down at Sydenham—he said cash security would be required from 50l. to 100l.—I did not pay anything that day—next day I paid 5l. deposit, and got this receipt from Magarigle (Read: "22d March, 1864, Received of Mr. Fowler, 5l. on account of Mr. Broughton at Sydenham, and having an agreement between them, as per instructions. J. Magarigle")—previous to paying the 5l. I went down to Broughton's house at Sydenham—I told him that Magarigle had sent me me down there in consequence of the advertisement—he said he was in a great hurry, and made an appointment to meet me at Magarigle's—I met him at Magarigle's office afterwards, and signed the agreement—I was to have 60l. a-year, besides a commission upon all advertisements that I got—this is the agreement I signed—I don't know who drew it up, it was brought to me in Magarigle's office—this is my signature and Broughton's—Magarigle signed it also in my presence—I paid 5l. to Magarigle, and 45l. to Broughton, in bank notes—(The agreement was read, and at the end of it was the following: "In the event of William Broughton's not fulfilling his engagement, so far as repaying the 50l., I hereby undertake to do so, J. Magarigle")—I went into the service at Sydenham and Norwood—I canvassed for advertisements, and also took round papers—I went to the different agents—I remained there two
months—Broughton had no office or place of business at Sydenham, but his own private residence—I don't know whether he occupied the whole house—I never received my salary directly—I received some money on account of the paper, which I kept, something like 6l—I heard Broughton say that he had not received above 5l. out of Mr. Groves's money, or mine; he did not say who had—I went to Magarigle upon that, at his office in Farringdon-road—I told him what Broughton had said, and asked him if he had the money—he said he was astonished at my saying such a thing, that Broughton was—old fool, and that he bid not got it—Broughton had not got his name on the door at Sydenham.
Magarigle. Q. Did I not draw up the agreement between you and Broughton according to the instructions you both gave me? A. You did you had a commission, I paid you a sovereign—I don't know that you were simply an agent in the matter, you signed your name—at that part of the proceedings I took you as a general agent—I knew your office previously as being such—I never complained to you—Broughton never complained to you in my hearing—you said you attached confidence to Broughton, and had a respect for him, and that you would have no hesitation in putting your name to the agreement for him—Broughton confirmed everything you said as to your respectability—I have heard that Messrs. Stubbs and Co. have rendered great assistance in this matter—I never saw them; they never called upon me.
Cross-examined by MR. WILLIAMS. Q. Did you see what became of the money you paid to Broughton? A. No; I did not see whether he took it away or not; I believe he took it up in his hands, and counted it—I am certain he had it in his hand—I don't know what eventually became of it.
EDWIN GROVES . I reside at Argjle-lodge, Norwood—I went to this advertising office, kept by Magarigle, at No. 1, Farringdon-road, in conesquence of an advertisement I had seen—I saw Magarigle there, and asked him to obtain me a situation, and I paid five shillings for my registration fee, and he promised to obtain a situation for me—he said if I had money he could obtain a situation very quickly, or words to that effect—he did not mention any sum—I told him I had no money then—I afterwards borrowed a sum of 300l and saw Magarigle again—I think that was at the beginning of March—I then told him that I had a little money, and wanted a business—I intended at that time to take a business to manage myself, and he then mentioned Broughton as going to open a house and estate agency at Sydenham; that he was publishing a paper down there; that he was a man of good standing, and was well to do, and several other things—he said he was a little god at Sydenham—I afterwards saw Broughton at Paxton-park; he said he was very busy, he hardly knew which way to turn, his business was so heavy, and the sooner we could come to terms and get on, the better he would be pleased—he said he was sitting up night after night, and very often the whole of the night at work—I believed what he said at that time, and also what Magarigle had said—an appointment was made to meet Broughton at Magarigle's, in London—I believe I told Magarigle that I had 300l I can't say whether I told Broughton—I afterwards met him at Magarigle's office, and I paid 100l. on deposit—this is the receipt for that: "March 31st, 1864. Received from Mr. Groves 100l. on account of Mr. J. Broughton, in part payment of 300l., J. Magarigle—To be finally concluded by 15th April, 1864"—I believe I paid the other 200l. on 14th April—an agreement was drawn up; I was to be guaranteed 150l. a-year, at the least, and to have certain percentages on the directory, and certain commission
on the "Sydenham Chronicle" and a commission on business done, over a certain amount, for twelve months, and the 300l was to be returned to me within twelve months—this agreement was drawn up on the 13th, the Wednesday previous to my paying the 200l.—it was written by Magarigle himself—I paid the 200l. to him, he put it in his own cash-box, and told Broughton he would give him a cheque for it by-and-by—I went down to Sydenham and took a house there, under Broughton's persuasion, at 65l a-year, for three years—I bought some furniture, and moved all ray traps down there, and got established in the house—I had not long been married, my wife went with me—I found no business to do when I got there—every time I saw Broughton I asked him when the offices were to be completed, and when I was to have anything to do, and the answers were always evasive—when I came down he pointed out one house that was building, and said, "You can have the apartments over the office, if you like"—I believe he never had anything to do with that house, it was on Westow-hill—I went down to Croydon and called for a parcel for him once, and I went to London and left a paper at an insurance office once, and I copied a few octavo folios on paper for him once; that was all I did—I was there from about 21st April to about 3d June—I first demanded my money back about the beginning of June—I cannot remember whether I went to Magarigle first, or whether they were both together—I did demand it of both of them—they both came to my house at Sydenham one Sunday evening; I told them I was not satisfied with the position I held, and things I thought, were not going on right—I spoke tolerably plain to them—I called Magarigle a swindler, and told him he was going to swindle me out of my money—that was in Broughton's presence—Broughton commenced crying, and they promised to return the money on the Monday—a meeting was arranged that night at Magarigle's office, at half-past 5 or 6, to pay the money—I kept the appointment, Magarigle was there, Broughton was not—I told Magarigle that I had placed the affair in the hands of Mr. Lewis, and that I intended to be satisfied one way or the other—he told me not to be in any great hurry about it, for I should only be throwing good money after bad—Broughton called upon me the day after that, and he took his oath that he had only received a 5l. note from Magarigle, that Magarigle had kept the money, and not given him a penny of it—I told Magarigle that the next morning, and he said it was untrue, he had had the money; that he had either paid it to him, or paid it for his benefit, on account for him—I then gave him into custody—I never got any salary.
Magarigle. Q. Where did you live first, when you applied to me for a prospectus? A. I was living at no particular place then—I was living at Portsmouth and the Isle of Wight—I think I was then living at 38, High-street, Portsmouth—I received the prospectus in your office—I applied personally for it, and it was given to me by your clerk—I think this one (produced) is the same; it is like it—I read it through, and filled it up—I called a great many times at your office—I placed great confidence in you, we were on very good terms—I had a great many complaints to make after I had entered into the service—I called several times to see if the agreement was completed—I made no complaint then—about three weeks after I went to Sydenham I came to you to get some lodgers for me—you offered to advertise for me for that purpose—you might have told me to wait for a few-days—you did advertise—I paid the five shillings to your clerk—you said it was a very difficult thing to find a situation for a person like me without the had money—you told me you had numerous things in the books, but you
said that money was required in most of them, or all, I cannot say which—I asked then what the money was for; I cannot recollect the words exactly; I understood that you wanted my money as cash security, and what was to be done with it was to be left to the discretion of Mr. Broughton—Broughton's name was not mentioned the first time I saw you—you showed me some of the situations, and explained that money was wanted for cash security—I said I had no money then, and I came again about a month after—you read me a lot of businesses out of a book—I said that I wanted some thing in Liverpool—for private reasons I did not want anything near Ports-' month or London; I said I wanted to get clear away from London, and you proposed to send me to Glasgow—after reading a number in the book, you came to Mr. Broughton's affair; it was not read out first, or from the book—I can't remember whether you advised me to go down and see him—I would not swear whether I went down or not—from your description of the business, I thought it was just what I wanted—my first distinct recollection of Broughton was going down with yourself from the London Bridge station, and I then went down with my intended wife—I was not married then—I recollect having a trip into the country well—I told you I did not like the little place Broughton had taken at Sydenham—when we were all together at your office, you said, "Now, gentlemen, as you have agreed on the terms, I must ask you for a deposit"—I had no money then to spare—you said you asked me 5l. or 10l. to close the bargain, as there were several others after the situation; that was just a week, I think, before I paid the deposit—when the agreement was made, I brought my wife to the office, and it was written in her presence—I said to Broughton, "How about security?" and you said you would be responsible for it, or something to that effect—you never asked me what you were to have if you became security; you asked Broughton—I don't recollect his saying that whatever was fair between man and man you should have—you did become security; you were to have a certain consideration; it is so mentioned in the agreement in black and white; the agreement was read over, and I signed it—I was satisfied with you as security, I thought you had money—you said that you bad 500l. in the Sydenham Chronicle, and you wanted me to establish a paper there in connexion with you, and to establish an agency business there; I declined that kind offer, because you wanted 500l. instead of 300l.'—after I paid the money, and before I saw you, I told Broughton I was dissatisfied with the way matters were going on—on the Sunday that you came to my house, I called you a swindler, and complained to you in very strong language—you telegraphed to me on the Saturday, that you were very busy, and could not come down—I happened to pass your office on the same day, and you were leaning out of the window, very busy; there was another there with you—when you and Broughton came to my house on the Sunday evening, you said, "People have teen talking," and I said, "The fact is, Mr. Magarigle, I have been told I am swindled out of my money"—I had been told that—I called you a swindler directly after that, and you jumped up and Said, "Oh, I am used to those sort of things, I often kick a man down my stairs"—you said your position and business left you open to a good deal of animadversion; an agent is always open to that—you were summoned to appear at Guildhall; it was on that occasion that I told you what Broughton had said, that he had never received a penny of the money, and you called him a liar and an old fool—I came up the stairs to your office with him, and tackled the pair of you together—you asked Broughton what he meant by saying that, and then took him into your private room, and had a conversation with him—I told
you then I was going to Mr. Lewis—I was in a great passion, and I rushed down the stairs over to Mr. Lewis's office, and went with Mr. George Lewis to take out a summons—I recollect your saying that you thought I had no reason to complain, as no salary was due to me, and that Mr. Broughton had been of great service to me—I don't know that an office was taken for meat Deptford, I was never asked to go to Deptford till you were in Newgate—I don't know who it was for, except for some other poor victim—I wish I had seen Stubbs's people a little bit sooner—I have been bankrupt since this affair—I attribute it mostly to this transaction with you—I say two months' salary is due to me; my not receiving that was not the cause of my bankruptcy—I have not been pressed by my friends for this 300l.—I was not provoked by my bankruptcy to take proceedings against you.
Crow examined by MR. WILLIAMS. Q. The 200l. as I understand it, was paid to Magarigle, and he put it into a cash-box? A. Yes; Broughton told me he was going to open the office at Sydenham in about three weeks' time, when it would be finished—he said the premises belonged to a Mr. Rose; I believe he is here to-day—Broughton said he had had no money, except 5l.
MR. SERJEANT PARRY. Q. Had your bankruptcy anything to do with your taking these proceedings? A. No; I was sued for 200l. odd.—(The agreement toot dated London, 4th March, 1864, between William Broughton and Edwin Groves, and John Magarigle, stating that Groves should have a sliare in tlie business to be opened at Sydenham by Broughton, of not less than 150l. a year, whether the business was good or bad, and 10 per cent on the advertisements for the Directory and the "Sydenham Chronicle")
WILLIAM BURTON . I live at 67, Shoreditch, and am a builder—in May last, I read an advertisement in the Standard, in consequence of which I went to the office of Magarigle, I, Farringdon-road—I told him I had come with reference to the advertisement—the business alluded to was with Mr. Keighley, a coal and carrying business—it was a partnership business, and 200l. was to be invested—he showed me some orders for coals—he said the office part of the business was to be carried on at Farringdon-road, and the business part at King's-cross Station—I was to deposit 200l. for assisting in the business, and I was to have a salary of 100l. a year, and 5 per cent, on the business done—a day or two afterwards, an appointment was made to meet Keighley at Magarigle's—I went to the office, and saw them both there—they said I could have ample security for my money—I don't know that any name was mentioned then—I was only introduced to the references—Mr. Cox was referred to—Keighley took me to Mr. Cox, over Blackfriars-bridge, and introduced me to him—Cox said he knew Keighley to be an honest, hard-working man—nothing was said about his becoming security then—I then returned with Keighley to Magnrigle's—an appointment was made for a subsequent day—I went again to Magarigle's office, and saw Keigbley—he said it was a very large business, and might be improved very much by a system he was about to introduce into it—I agreed to advance 200l. and and on 27th May I went to the office again, and saw them both there—this agreement (produced) had in the mean time been drawn up—it was signed by me and Keighley—Cox was not present on this occasion—I paid 100l. in pursuance of the agreement, to Magarigle; and I also paid two acceptances of 50l. each—I have one and Mr. Lewis has the other—I cannot say when this "W. H. Cox," was signed—it was some where about that time—I was present when it was signed—Keighley took me to Cox, and he signed it in Keighley's presence—the agreement was completed on 27th May—I did not go to King's-cross about Keighley's business at that time—I never
went till after these proceedings were taken, early in June—I found the the name of Yaxley and Co. up there—a person, representing his name to be Allen, afterwards brought me back one of my acceptances from Keighley—the other one was found upon Keighley when he was taken into custody—I never received the 100l back—I received this letter from Keighley on 10th June (Read—"7, Wharf-road, King's-cross, 10/6/64. Dear Sir, I wrote you yesterday, and was very busy, but I succeeded in getting every thing away, therefore meet me at the Royal Exchange this morning, at 1 o'clock—I do not care about being near Farringdon-road now. Yours truly, E. H. Keighley.")—I did not know that at that time the Farringdon-road place was shut up—(The agreement was dated 20th May, between Keighley and the witness, and at the end was, "I have read the above agreement, and hereby bind myself to myself the agreement entered into by Keighley, should he not do so. W.H. Cox.")
Magarigle. Q. You knew when you called on me that I was a general agent? A. I knew it merely by the advertisements, and by what you had printed on the window—I did not expect to have to pay you a commission—I did not ask you to make inquiry about the character or position of Keighley—I placed implicit confidence in what you said—you represented him as an honest man, and that the business was a genuine affair-Cox said he had known you twenty years—you said you had known Keighley for years—you introduced me to Cox in your private office up stairs, and you left us together, perhaps, twenty minutes; not an hour—you said you knew exactly what we wanted, and did not allow me and Keighley to say anything—we had not agreed between ourselves—I had nothing to say in the matter—the agreement was drawn up by you entirely—it was what I required—it was read over to me—I paid the 100l. with a country note—you said you could get it cashed at your bankers, and you gave me a receipt for it.
Cross-examined by MR. SLEIGH. Q. Previous to your entering into this agreement, and paying the 100l. you had ascertained the business of Keighley as a coal merchant had existed for many years, had you not? A. I had not—I cannot say whether Keighley was in custody when I went to King's-cross; Magarigle was—I was not made acquainted with the fact that Yaxley was in temporary possession of these premises that Keighley had occupied at King's-cross—Keighley did not tell me that he bad had to pay Yaxley 50l. of the purchase-money to get him out—I never heard anything of it till after his arrest—it was partly accident that I heard it—not from Keighley—I had been to Guildhall, but not as a witness—I did not see him after the receipt of this note till he was in custody—I saw him after Magarigle was in custody, and before I appeared as a witness—I am not prepared to swear that it was on the afternoon of the day on which Magarigle was examined before the Magistrate—it was either that day or the next—he did not then tell me that Magarigle had only given him 50l. of it—he said he had received 50l. from Magarigle on account of the 100l. and to show me the implicit confidence Magarigle placed in him, he showed me the keys of his drawers and his furniture, and said he had made an assignment as a security for the 50l. which Magarigle had not paid over to him—I have not got the letter he wrote the day before this one that has been read—I believe it was after Magarigle was taken—I understood the sentence, "I have succeeded in getting the things away" to refer to the furniture—I am not prepared to swear" that it did—Keighley did not tell me that if I remained patient, he would take care to secure me against the loss of the
100l.—he did not say anything about it—I understood that Magarigle had only paid 50l. out of the 100l. which I had given him—I did not understand from him that the security of Magarigle's furniture was in respect of the 50l. that he had not paid over—I thought it was only a debt between them—Mr. Russell, a witness in this matter, did not come to me, and suggest that I should proceed against Keighley—I saw him when I was at Guildhall as a witness, but never previously—I saw him after Keighley had been taken—he did not persuade me to prosecute him—I cannot recollect what he said about it—it was something to the effect that he had bought a business in a similar manner to what I had—he did not say, if I would take his advice, I should prosecute him—I am not prepared to swear that he gave me any advice—he did not advise me to give him into custody—I don't recollect that he gave me any information—I will undertake positively to say he did not; he made no suggestion to me—Mr. Lewis suggested that I should go on with the case.
MR. SERJEANT PARRY. Q. What did Mr. Russell say to you about Keighley? A. He said he had been carrying on the game he was now at, for a number of years; that he had sold his business to lots of other people—I remember going with Barrett, the police-officer, to London-wall I think—we saw Keighley at the corner of the street there—when be saw me and the policeman he ran away—we went after him, and secured him—he had not appeared to the summons—I never received a farthing of my money back.
WILLIAM FRASER . I am now a licensed victualler in the Edgware-road—at the beginning of August, I saw an advertisement in the Daily Telegraph, and went to Magarigle's office in Farringdon-road—I saw him, and told him I called in reference to an advertisement I had seen in the paper, requiring a person to take charge in the absence of the principal, and to invest 200l.—I afterwards entered into this agreement, dated 17th August—it is signed by myself and Magarigle, and witnessed by Mr. Cox, and there is this at the end for security, "We, the undersigned, become security for Mr. Magarigle in the sum of 200l. referred to in the foregoing agreement. Wm. Cox, E. H. Keighley"—Magarigle told me that Keighley was a coal-merchant at King's-cross—I went with him, and saw Keighley, and he looked at the agreement, and signed it—I afterwards went to Cox—the agreement was laid before him, and he signed it in the same way—I paid 200l. on that agreement to Magarigle at his office, on the same day, the date of the agreement; and after that I went to the office in Farringdon-row—I stayed there till towards the end of March—I saw some persons call, from time to time, upon Magarigle in reference to partnerships, and so forth—I have seen Keighley and Cox there—I have seen Keighley there a dozen times—I have also seen Broughton there, but not so often—I never got my 200l. back—this the receipt I got for it (Read:"London, 17/8/63. Received of Mr. Fraser, 200l. J. Magarigle.")
Magarigle, Q. You were with me eight months? A. From August till March—I never had a word with you that I recollect—I took no active part in negotiating with anybody at your office—I did the principal part of the correspondence—I had some conversation with McVean when he came—I was to put in the 200l. with a view to partnership—I considerad the matter, I think, a fortnight or three weeks before I entered into the agreement—I consulted some friends—I only talked to McVean in the usual way—I did not talk to him as you talked yourself—I never could talk as you talked; I saw some of the persons who called—you told me to make appointments
always before 12, so as you could see them—I assisted in copying the agree ments—you very often wrote them before you went out—I have seen Cox and Keighley there frequently—I never complained to you of their putting their names to this agreement—I was to give you three weeks' notice, when the money was to be returned—I was paid monthly—I got all my salary; I did not give you many days' notice—I called at Messrs. Lewis on 6th or 7th June—the money would not be due till the 22d.
Cross-examined. MR. THOMPSON. Q. When Keighley signed that document, did not he say that having known Magarigle some time, he was satisfied to sign it on his representation? A. Something to that effect.
MR. SERJEANT PARRY. Q. While you were there, was there. any substantial business doing at the office? A. I never saw a partnership negotiated whilst I was there—I recollect one or two getting employments—I can't recollect their names, or where they were sent—I never saw Magarigle put himself about to get situations.
Magarigle Q. What did Mr. Cox say when he signed this agreement? A. tie said that if he had not confidence in you, he would not sign it; that he should not be doing justice to his family if he did—you have been about two years at Farringdon-road—I learnt afterwards that you were in Cheapside before that—I know that several people with, capital, and wanting investment came to the office—I knew some of them, but not personally—those were bona fide applications—I am referring entirely to ✗capitalists; those who brought money for investment.
COURT. Q. Were there any investments ever made? A. Not with a view to partnership—in some cases money was invested through the office in businesses—persons went in with view to partnership on depositing a certain sum of money.
Magarigle, Q. Do you remember a firm in Bridge-street who wanted 10.000l.? A. Yes; they did not get it while I was there.
MR. SERGEANT PARRY. Q. Do you know that book at ail (produced)? A. Yes; I have seen it in Magarigle's office—it contains advertisements of all sorts—there were A great many applications at the office—the books would not contain the result of those applications.
ALEXANDER VASSILA . In September or October, 1863, I saw Magarigle at his office—I said, I called in reference to some advertisement—he described his business to me as a house and estate agent, and said he required 200l. to open a branch of that business at the West End—I went to him some short time afterwards with my father—he then said I was to be the manager—that was at the place in Essex-street—I afterwards, on 27th October, 1863, entered into this agreement with him—my father was present at this time, and paid Magarigle 190l.—10l was paid previously, on 13th (The agreement was, that Mr. Vassila was to receive 120l. per year, and was signed by Magarigle, the witness, and his father)—my father is a foreigner—he. cannot write English very well—then there was this memorandum, in which Mr. Cox promises to pay the 200l. if Mr. Magarigle does not—it is signed, "William Henry Cox"—I remained at Essex-street eight months, up to the time these proceedings were taken—I received my salary, all but 11l.—all the business I did while I was there produced 30l. to the good of the firm—25l. was received from a young man named Attrill, who was to go into Magarigle's office as a clerk; and that was all, except a few preliminary fees—people could not register themselves at this office, except for secretaries—it was more of a monetary agency—when Cox's name was mentioned as the security, Magarigle said he was a man who had been established for yean, of
considerable standing, and that he was a barge and boat builder at Blackfriars—I never got any of my 200l. back.
Magarigle. Q. It is not due yet, is it? A. I believe not—it was paid for the purpose of opening that office—my salary was due a short time before you were arrested—I don't know when exactly—you told me the expenses there were very great—you paid me 60l. salary, all but 1l.—there is 11l. owing—I believe the office was furnished when you took it—I know nothing about 32l. rent being paid—I should not think printing and stationery came to 15l.—there was about 5l. for stamps; advertising, about from 25l. to 30l.—I don't know whether you spent 220l. during the time I was there—I should not think that can be far from the mark—my father acted in the matter of the agreement—you and I have been on the best of terms—I did not complain of Mr. Cox's security—he looked over the agree ment—I have never seen Mr. Stubbs in my life, to my knowledge—there was very little business done at the office in Essex-street—I can't say whether it was a bad speculation—I was often down at Farringdon-road—I knew you advertised there on the same principle as you did at Essex street.
WILLIAM ATTRILL . I saw an advertisement in the Daily Telegraph in February last; in consequence of which, I went to Magarigle's office in Farringdon-road—he said he had a vacancy for a clerk, with a premium, to attend to persons who came into the office, and answer letters—I was to pay. 25l. premium, and to have a salary of 40l. for the first year, and 5l. increase the second year—the agreement was for two years—it is signed by Magarigle—the 25l. was paid over to him, and I went into the service at Farringdon-road—Broughton and Keighley used to come to the office while I was there—sometimes frequently, sometimes not at all—Broughton came two or three times a week occasionally—sometimes Keighley came several times a week, sometimes not at all—there was a register kept, for which people paid five shillings for employment—I have heard of one or two getting employment through Magarigle—one was named Howell—he got five or six shillings a week—I would not swear to any other case—I know of no partnership being carried out through Magarigle, except with the persons in these cases—after Magarigle was in custody, Keighley came to the office—he had the keys—he had the key of Magarigle's private room—I have seen this advertisement-book at the office—this is the receipt I had (Read: "17th February, 1864. Received from Thomas Attrill the sum of 5l. in part payment of 25l)—the other 20l. was paid.
Magarigle. Q. When Broughton called, was it not on the Thursday, to prepare for the Friday's paper? A. Generally—I never knew your instructions were not to take money from people who came—I have given you the money that I have had from persons—I have read your prospectuses to people—I paid 5l. in Essex-street, and the 20l. was paid at our house, at Charlwood-street, Pimlico—my uncle did not pay you the money—I counted it out of my pocket before you—my uncle was present—he was my adviser—I have seen Mr. Groves at the office—I don't recollect his paying five shillings to me, or showing him the books—some of these applications are in my handwriting—I entered them as the persons came in—you conducted a good deal of your business upstairs.
WILLIAM HENRY COX . I am a barge-builder—I know Magarigle and Keighley—I know nothing of Broughton—I never saw him above twice, I believe—I have known Magarigle between two and three years—he asked me to sign these papéis for moneys deposited—I was charged with the
prisoners first and afterwards released, and called before the Magistrate to give evidence—I was insolvent in 1859—Keighley knew that, and I believe Magarigle did—I and Keighley were in Whitecross-street prison at the same time—in December last, I had a distress in my house for rent—an inventory was taken of everything by the landlord—Magarigle and Keighley knew that—Magarigle always told me it was a matter of form to put my name to these papers, I should never hear anything of it—I was induced to do it—I did not think I should be called upon, nor have I been called upon—I was not in a position to pay 200l. if Magarigle did nut—he said, "You will never be called upon; you have no reason to trouble yourself, it is merely a matter of form; only do it to oblige me"—I could not have paid the money in the other cases—I was introduced to Magarigle by Keighley, and asked him to get me a partner, as I had a very good business, but no capital—Magarigle said I was too honest and too fair in telling everything as it was, and I should never get a partner—he made a suggestion that I should make some fresh books, and show that I had plenty of orders, which I never did—I never received a farthing for putting my name to these documents—I had the strictest confidence in Magarigle.
Magarigle. Q. In speaking of making up your books, was it not my advice to have them made up, and show exactly what bona fide orders you could get? A. Yes—I had got a large business, and I wanted capital to carry it out—I reposed confidence in you from knowing you.
Cross-examined by M R. SLEIGH. Q. Do you remember putting your name to Fraser's agreement? A. Yes—I know it is my handwriting—I had no fear that I should be troubled with it again—that feeling was based upon my confidence in Magarigle's respectability and solvency—I said it would not be just to my family to put my name to the document unless I had confidence in Magarigle—I think that remark was made to Mr. Fraser—Keighley was standing by my side at the time—I immediately after put my name to the paper, and Keighley then put his, I believe.
COURT. Q. Or was it there before. A. I think it was there before.
MR. SLEIGH. Q. Was Keighley there at the time, or was he not? A. I can't recollect—it-is six or seven months ago—I will not pledge my word one way or the other—I might have said on another occasion in Keighley's presence that I had entire confidence in Magarigle's honesty of purpose, and his honour.
MR. SERJEANT PARRY. Q. Who introduced you to Magarigle? A. Keighley—Magarigle inspired me with unlimited confidence—Keighley said he would introduce me to a gentleman who would get me a partner to assist me in my business.
WALTER HENRY BARTON . I am messenger's assistant at the Court of Bankruptcy—I produce these proceedings against Edwin Holmes Keighley—(The petition was dated 30th December, 1861, bankrupt on his own petition, and obtained his discharge 26th July, 1862, no assets and no creditor proved).
SAMUEL HOWSLIP BARROW . I am a solicitor at 15, Cannon-street, City—I know Keighley and Magarigle—on 9th April I caused Keighley to be arrested on a Bill of Exchange for 22l. 19s.—he was sent to Whitecross-street—he referred me to Magarigle, and I saw him—he arranged to give me a promissory note for 10l. with his name and Keighley's upon it, and he was to pay the costs if I would release him from custody—the note was due 19th May—it was not paid—I have it now—I saw Keighley while he was in Whitecross-street—he said he had no means whatever.
Magarigle. Q. Have you not known me for some yean? A. Yes—I
thought your note was as safe as a 10l. Bank of England note—I have not altered my opinion of you since you have been in the dock—you said you had agreed with Keighley to send you coals, and if he sent the coals he would receive the 10l. from you—you were in prison when the bill was due or about that time.
EDWARD THOMAS RUSSELL . I carry on business as a coal merchant, at 2, Wharf-road, King's-cross—I know Magarigle and Keighley—I first knew Magarigle about October, 1861—he was then trading as Smith, Barry, and Co. as an advertising agent and promoter of partnerships—I was introduced by him to Keighley in 1861—since April or May, 1862, Keighley has been carrying on business in six or seven different names.
Magarigle. Q. You said at Guildhall that you knew me as John Magarigle? A. Yes—you introduced yourself to me as Magarigle—I read of a trial against Smith, Barry, and Co.—that is how I knew you—I went there one day also and found a lot of young men outside, and they said Smith, Barry, and Co. had bolted, and you came out and made an oration, and said how you had been swindled—I called at the office on two or three occasions after that—you wanted to arrange the matter with Keighley, and I would not allow you—you sent in an account to my solicitors, and I told them to attend to it—I believe they wrote to you, and have had no answer.
FREDERICK CHARLES BRETT (City-policeman, 174). I was entrusted with a warrant for the apprehension of Keighley—I went with Mr. Burton and the last witness, and saw Keighley at the corner of Moorgate-street and London-wall—when he saw us he ran away—I pursued him and caught him in Leatherseller's-buildings, London-wall—I took him to the station, and then went to his lodgings at 10, St. James's-road, Holloway—there was no name on the door—I found a quantity of papers—I found this book in a desk at the Bedford Pantechnicon—I found on Keighley two blank cheques on the London and Westminster Bank, and this paper relating to some furniture at the Bedford Pantechnicon—(Read: "Bedford Pantechnicon, June 19th, 1864. Received of Mr. Keighley 2l. on account, as delivered for J. Tingey. Geo. Everett")—then there is a list of the furniture deposited—it was in one of those pieces of furniture that I found this advertisement book, in a desk, which I opened with the keys I found on Keighley—I have a balance-sheet of insolvency, which I found at No. 7, Wharf-road, King's-cross—I also found a 50l. bill belonging to Mr. Burton.
Cross-examined by. MR. SLEIGH. Q. That deposit receipt had reference to the furniture, had it not? A. Yes—the other documents I have mentioned were found in a pocket-book on Keighley—I don't know that that was Magarigle's pocket-book, which had been removed with the furniture.
GEORGE EVERETT . I am clerk to Mr. Tingey—I know that Keighley deposited some furniture at the Bedford Pantechnicon—I advanced on 17th June, on behalf of Mr. Tingey, 27l. to Keighley on the furniture that was then left.
MR. SERJEANT PARRY. Q. What did they propose to do? A. Open a newspaper office in Deptford, and general agency—they never did open it—they suggested some alterations to be made in the house, and I spent some money on those alterations—the expense and trouble and loss I have been put will come to 50l.—I paid 5l. to a man to go out—I received 8l. and
Magarigle, in a long defence, stated that he had acted merely as an agent in the matters, and that as far as he was concerned they had been carried on in a straightforward, honest way.
MAGARIGLE and KEIGHLEY— Confined Eighteen Months' each.
BROUGHTON— Confined Twelve Months
Before Mr. Recorder
JOHN AMEY . I live in Hoy-street, Plaistow—on 29th June, about half-past 11 at night, my landlord sent for me, and I found my box broken open—I missed a coat, a pair of boots, a cap, and a handkerchief, which I had seen safe at 20 minutes past 10—I went into the backyard, and, while I was talking to the policeman, I saw the prisoner come into the backyard—I asked him if he had been breaking my box open—he said that he knew nothing about it—I gave him in charge—I found in, my box this piece of a knife blade (produced), which was not there before—the lid of the box was very much cut—I went with another constable to the yard of another house, and found my coat and boots—the walls are only three or four feet high, and a person could get over.
Prisoner. I was not in the yard, I was in the front street Witness. You came into the house from the yard.
ROBERT HARRIS (Policeman, K 377). I was called to where the prosecutor lodges—the prisoner afterwards came in at the back door—I examined the box; the lid had been very much cut, it had been prised open—I searched the prisoner, and found this knife with a broken blade in his pocket—the blade corresponds with the piece found in the box.
Prisoner. You put the knife handle into my pocket, when I stood in the passage. Witness. "I did not Prisoner's Defence. I know nothing at all about it.
GUILTY .— Confined Nine Months.
Before Mr. Recorder.
723. ARCHIBALD McNAIR (26) (a soldier), Unlawfully assaulting Charles Henry Goodchild, a police-officer, with intent to do him some grievous bodily harm. Second count, for assaulting him in execution of his duty.
MR. COOPER conducted the Prosecution.
CHARLES HENRY GOODCHILD (Policeman R, 118). On 5th June, between I and 2 o'clock in the morning, I was on duty at Black heath, and found the prisoner lying in the middle of the road apparently asleep; seeing his danger, I aroused him, and told him he would be run over—I saw that he was the worse for liquor, and allowed him to rest against my knees until he was properly awakened—he said that he was going to Woolwich; and I said that I would show him the way—he then jumped up, knocked me down, and kicked me on the privates while I laid down—I got up, and he knocked me down again and kicked me on the hand, which disabled me,
and I could not use my staff—he then kicked me on the small of my back—I struggled with him till another constable came—he was very violent going to the station, and tore my hair—I have suffered very great pain ever since, and it still continues—I am still very much swollen, and have great pain in my back—I am not fit for duty.
JOHN RELCH (Policeman, 116 R). I was on duty on Blackheath, between 1 and 2 o'clock in the morning of 5th June, and found Goodchild holding the prisoner down—he was assisted by two other persons—I told him to let the prisoner stand up, and he did so—at the bottom of Nagshill he caught Goodchild by the hair, and I strove to extricate him—he threw me on my back—he was very violent; but, when the charge was made at the police-office, he was very collected, and said that he was very sorry, and offered us half-a-crown each to let him go—he was excited by drink.
CECIL CALVERT COGAN . I am surgeon to the police at Greenwich—I examined Goodchild at 2 o'clock in the morning, and found that he had been kicked and was very much swollen and in great pain—he has an internal abscess somewhere in the belly, and there is no telling how it may end—he is still unfit for duty and unfit to walk.
The prisoner put in a written defence, stating that he was drunk, and therefore not answerable for his actions; he begged for mercy as he would have to be tried also by court martial for absence without leave, and would therefore have to undergo double punishment.
GUILTY .— Confined Nine Months.
MR. BESLEY conducted the Prosecution.
FREDERICK WOOD . I am servant to the Rev. Mr. Pritchard, of Charlton, Kent—on 26th May I was walking towards his house, 200 or 300 yards from it, when two soldiers took hold of me round my neck—one of them said, "Will you give me some money?"—I said, "No"—the other one came up and said, "Give him some, if he has not got any," and immediately the second man knocked me down, the shorter one—it was the taller who spoke first—I got up—I felt rather stunned for a moment, and scrambled away as well as I could to my mater's house—the tall one followed me—they wore the Royal Artillery clothes—I knew the uniform by living in the neighbourhood.
CHARLES GEORGE . I am a butler, in the service of the Rev. Mr. Pritchard, of Charlton—about a quarter or twenty minutes to 11 o'clock I met two soldiers 150 or 200 yards from the house, dressed in the Artillery uniform—I remained in conversation with them two or three minutes—the prisoners are the men—after the conversation with me was over, I saw them knock down a man fifteen or twenty yards off—I was excited and agitated, and walked away.
Broomhall If you will refer to his deposition you will see that he could not identify me. Witness. I did not positively swear to them at the police-court—I was going from my master's, and the person who was knocked down was going the same way that I was—my fellow-servant was not going home; I did not recognise him—it was a stranger who was knocked down, not my fellow-servant.
JOHN FIRTH . I live in Charlton-village—on this night I was at the Bugle Horn, about 400 or 500 yards from the Rev. Mr. Pritchard's—I saw the prisoners there; they were in my company six or seven minutes—they went out at one door and I at the other, towards Mr. Pritchard's, and both went
away together—the short one asked me for three halfpence, to buy some beer—I told him he had had quite sufficient beer, and I thought he was not in want of it—he went to two or three friends of mine, and he offered me a medal for sale—it was about half-past 10 o'clock when they came to the house, and about twenty minutes to 11 when they went out—I thought they had had enough, but they knew what they were doing.
SOLOMON LITTLE . I am a sergeant of the military police, stationed at Woolwich—on Friday, 7th May, I received information, and spoke to the prisoners in the barracks—I told Newman he must come with me, and I took him to Randall, who told him he would be charged with stopping civilians on Charlton-road, and demanding money of them, on Thursday last—he made no remark at first, but afterwards he admitted stopping them, and said that he had got 3 1/2d. of one—I then brought him back—I saw Broomhall that night; he was in confinement for another offence—I told him the charge, and that whatever he said would be taken notice of and used in evidence against him—he admitted that he had stopped civilians, and made use of filthy language, but did not say that he had robbed them.
JOSEPH GALE (Police-sergeant, R 9). I received Broomhall from the last witness—I told him the charge; he said that he remembered stopping some gentlemen, and using some improper language to them, but that if he had not been drunk he should not have done so, and that he did not ask for money.
The prisoners' statements before the Magistrate put in and read, as follows:—"Broomhall says, 'I was drunk.' Newman says, 'I had been drinking. I am innocent of any attempt to rob.'"
NOT GUILTY .
NOT GUILTY .
LUCY HART . I am the wife of William Hart, who keeps the Hand and Shears public-house, in Clothfair—between 12 and 1 in the morning of 18th June I found the prisoner lying in the corner of an empty room in my house—I desired him to leave, and he would not do so—he had been drinking—he said he had come there to see a Mrs. Giles, whom he had some time since been cohabiting with, and said he should not go away till he found her—he then began to break the things, and smash them about, and we gave him into custody—previous to that he said he had been robbing his employers for five or six years, and he was going to give himself up on purpose to get this woman into trouble with him—he said some of the property was in her box in my room—he told the constable that those which he had taken out of the box were some of the things stolen—I found the things on the table in the room.
GEORGE MARSH (City-policeman, 261). About 5 o'clock in the morning of 18th June I was called into the last witness's house, and took the prisoner into custody—I found a watch, a pair of scissors, three keys, 10 1/2d. in money, and three duplicates on him; I saw a piece of velvet, a piece of blonde, a piece of ribbon, two hair-nets, a piece of lace, and a black silk jacket, in the room—he said he had robbed his employers of those—he did not say who his employers were.
was in my employment from 14th March till 4th May—these articles (pro duced) are similar to those I had in stock while the prisoner was with me—I have not the slightest doubt that they formed part of my stock—there are twelve pairs of kid gloves, five pairs of socks, and other things—the prisoner had no authority to take them.
GUILTY .— Confined Eighteen months.
SARAH ANN WEBB . I am the wife of James Webb, of 80, Beresford-street, Woolwich—on 13th June I had some clothing hanging out in my back garden to dry—there is a gate at the bottom of the garden which was un fastened—I saw the clothes safe between 9 and 10, and about 11 at night I missed two white shirts, two coloured shirts, a chemise of my little girl's, a pillow-case, three white neckties, a pair of stockings, a flannel shirt, and two pocket-handkerchiefs; one was marked—these (produced) are the same—there was one pocket-handkerchief marked "W. A."—the "W" was picked out and the "A" left in, my mother's name being Ann—I know my husband's shirts, and this other handkerchief was only partly hemmed by my little girl; this other one I know nothing about.
Prisoner. Q. Did you ever see me before you saw me before the Magistrate? A. Never—I did not see you anywhere about my premises—I can swear to the clothes.
FRANCES CHALLIS . I live at 3, Ropeyard-rails, Woolwich, which is opposite to the prosecutor's back gate—on 13th June I saw the prisoner there—she went into three gates before, and then she went into Mr. Webb's.—she had no bundle when she went in—she stopped there about twenty minutes, and then came out with a bundle.
WILLIAM KERRIDGE (Policeman, R 223) I was on duty in East Green wich on this morning, and met the prisoner about a quarter to 2—I asked her what she had got, and she said she had got a quantity of clothes that belonged to her, and she was following her husband along the road—I asked to look at them, and she then said they were women's clothes, and not fit for a man to see—I ventured to look at them, but she was so violent that I was obliged to take her to the station, and I looked at them again there.
Prisoner's Defence. I am as innocent as a child born last night of taking these things; they are my own; I never was in such a place before in my life.
GUILTY .— Confined Six Months.
SIMON MCCARTHY . I live at 8, Upper Wood-street, Woolwich—at 1 o'clock on Saturday morning, 11th June, I was awoke by my wife, and heard some noise downstairs—I got up, struck a light, and went down—I found the place all in disorder; some coats which were hanging up the night before were displaced—I heard a noise in the kitchen, rushed in, and saw the prisoner coming out—we had a most desperate struggle—I got him down and held him till assistance came; I then gave him in charge—I found several things in the front parlour—the entrance had been effected by the parlour window—it fastened with a catch—he must have shoved that back—the prisoner's hand was bleeding; it must have been cut before he entered the house, because on the window-sill outside the house there
were marks of blood—I shut up the house about 10 the night before; it was all safe when I went to bed.
Prisoner. Q. Did I not say that I had been ill-used? A. Yes; you said you had been ill-used by some civilians outside the house before you came in.
COURT. Q. Had he bruises about him? A. Yes, his eye was discoloured as though he had been ill-used by somebody recently—he said he wanted a lodging before he got into the house, that he met three civilians, who said, "We will give you a lodging," and they pushed him in through the window—I found some things moved in the parlour—there was this quadrant, which had been taken off the sideboard, and a vase, a decanter, and other things, all lying down together in the middle of the room—the bolts of the street-door had been pulled back, and when I ran into the passage he made for the door, and knocked the candle oat of my hand—there was also a letter which had been in this coat-pocket, hanging up the night before, and I found it in the front parlour; it had been taken out of the pocket.
GEORGE TURNER . I was corporal on guard on the morning of 11th June, and was called to Mr. McCarthy's house about half-past 1—I found the prisoner in the custody of Mr. McCarthy and his brother-in-law—I found this snuff-box underneath the prisoner's body as he lay in the passage—I took him into custody, and charged him the next day—he appeared to have been drinking, but he was not drunk.
Prisoner. Q. Did you not have to support me; I was that drunk I could not walk? A. That is not so; you could walk quite well.
EDWARD FKATHERSTOHE (Policeman, R 22). The prisoner was given into toy charge; I fetched him from the main guard—I searched him and told him the charge—he said, "Yes, I had been at the Woodman, drinking; I asked for a bed there, and they would not let me stop; I met three men, and they said they would get me a lodging, and they shoved toe through the window"—I found no marks in the garden or on the window.
Prisoner. Q. Did you go to the Woodman to make any inquiry? A. Yes—a person answering your description had been there and asked for a bed.
COURT. Q. What time was it when you took him? A. 9o'clock—I should say from his general state that he had been drinking; his hand was cut and scratched, and his eye was a little discoloured—he had some dirt on him, but not like a man who had been knocked about the ground.
Prisoner's Defence. I was drunk at the time; I have nothing to say; I had only been out of the hospital a fortnight.
GUILTY .— Confined Six Months.
EDWIN BROUGH SARGANT . I live at Wellesley-terrace, Royal-street, Woolwich—on the morning of 9th of this month, about 2 o'clock, I was awoke by the ringing of my door-bell—I came downstairs, opened the street door, and found two policemen at the gate—they called my attention to the breakfast-room window being open—I let them in, and in the drawing-room they found the prisoner under a couch—I had gone to bed that night about half-past 11—the window was shut then; I am not prepared to say whether it was fastened or not—the shutters inside the window were open, pushed up
—when I went to bed they were fastened—I did that myself—there was a work-table overthrown in the dining-room.
WILLIAM HOLMES (Police-sergeant, R 14). On the morning of the 9th I was passing Mr. Sargent's house, and saw his breakfast-room window open—I called him up, and searched the house—we found the prisoner under a couch, in the drawing-room—I asked him to come out two or three times—he did not make any move, so I moved the couch—I then asked him what he did there—he said he did not know how he came there, he was sure—he acted as if he was drunk—I think he was sober—I searched him, and found a lid of a card-case—I afterwards found a glove in the back yard—he must have been at the back of the house first—I traced a footmark from the back to the front; somebody had been there.
Prisoner's Defence. I had been drinking for two or three days, and at the time the offence was committed I was under the influence of liquor, for which I am now sorry; I did not mean to steal anything from the house; I can't answer how I came by the lid of the card-case, as I do not reember taking it from any place; I don't recollect in what way I got inside the house, and when the policeman woke me I thought I was in my own quarters, as I had my clothes off, except my trousers and shirt; if I had wanted to steal, I should not have left my jacket in one place, my cap in another, and my boots and stockings in another, as the policeman said he found them.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. POLAND conducted the Prosecution; MR. SERJEANT BALLANTINE and
MR. F. H. LEWIS the Defence.
NOT GUILTY .
MR. STARLING conducted the Prosecution.
MARY ANN EVINS . I am the wife of John Evins, a private in the Royal Marines—on the 8th of January, the prisoner came to my house, and asked me if he might sit down as it was very cold—I said, "Yes; but I was going out into the stores to take some work I had done"—I went out, and left him—I met a woman; from what she told me I turned round, and saw the prisoner coming out of the door with a bundle under his arm; when he came in he had none—I went to look after a policeman, but could not find one—I never saw anything more of the prisoner until I saw him in custody—when my husband returned on the Friday I told him—he looked over the bag and missed some articles.
Prisoner. Q. What day in the week did I come to your house? A. On a Friday—I had some shirts to go to the barracks—I did not ask you for a handkerchief to wrap them up in—a Mrs. Myers was there also—there was no one else there—Mrs. Gunston was not there—you did not give me any drink.
my wife made a communication to me—I went to my bag, and missed five blue shirts, and these other articles (produced)—they were all safe there on the 8th—on the 2d of Jane, a communication was made to me, and I went to a public-house in Woolwich, and saw the prisoner there—he asked me how I was—I said, "Have you got my boots on your feet?"—he said, "No; I left them at Nottingham, as they hurt my feet, for another pair of shoes"—I then asked him whether the waistcoat he had on belonged to me—he said, "No"—I kept him until a constable came, and gave him into custody.
Prisoner. Q. What kind of boots were they? A. Uniform boots—I did not get them from a man of the name of Belfield—I did not meet you on the 5th of January—I did not ask you if my wife saw the boots to say you bought them of me.
Prisoner's Defence. I was going up to the prosecutor's on the 5th of January; he asked me if I wanted to buy a pair of boots; I said if they fitted me, but I had no money; I was to pay for them afterwards; I went to his house on the Friday; there was no one there but his wife and a woman of the name of Myers, and another of Gunston; we went and had some gin; I went to the house on the Saturday; the husband was there, and he never mentioned this.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. M. J. O'CONNELL conducted the Prosecution.
WILLIAM MATTHEW FORD . I keep the Timber Hoy inn, Deptford-creek-road—between 10 and 11 on Friday night, 10th June, I saw the prisoners—Lock came into my house, and asked for a glass of stout, which was two pence—he tendered a counterfeit shilling, I gave him change—I did not like the look of the shilling when I took it, but I was busy at the time, and I laid it on one side; when he had gone I looked at it again, and found it was a bad one—I put it in my pocket, and followed him; I saw him going up the right-hand side of the road, and when he got a little way up he made a noise with his mouth, and Johnson, the other prisoner, came across the road from a female to him. I then followed close after them, and they went into Mr. Mashin's house together, I went in; they had just called just called for half-a-quartern of gin, and Mr. Mashin was looking at a shilling which they had tendered for it, and talking to them about it—when I came in he sent for the police, and the prisoners were given in charge—I gave the shilling Lock had given me to the constable, Belcher, before I left Mr. Mashin's.
Lock. Q. Did you lose sight of me when you followed me? A. No—I did not consider you drunk, you were only acting drunk—I did not go back to fetch the shilling, I went for my coat.
MR. O'CONNELL. Q. How long were you gone? A. I dare say half-an-hour—I went to the wrong station first.
THOMAS WILLIAM MASHIN . I am landlord of the Duke public-house, Creek-road—I remember the prisoners coming into my house on 10th June, a little before 11 at night—the tallest one (Lock) called for half-a-quartern of gin; my barmaid served him—the prisoners both drank some of it—Lock put a shilling down—I saw it was a bad one immediately—my
barmaid took it, and said, "Is this a good one or a bad one?"—I said to the prisoners, "This is a bad shilling," and I think I made the observation, "This is not the first time you have been here"—they said they had not been there before—Lock wished me to give him the shilling back, and offered to pay me a good half-crown—Mr. Ford came in just about that time, and said, "Oh! these are the men, what have they been doing here?" I said, "They have just attempted to pass a bad shilling here"—he said, "They have just passed one at my house"—we then sent for a policeman, and gave the prisoners in charge—I bent the shilling they had uttered at my house, and gave it to the constable.
Lock. Q. Did I drink any of the gin? A. Yes; you wanted me to take it out of the half-crown—the bar was crowded at the time.
THOMAS BELCHER (Policeman, R 234). I was called into Mr. Mashin's house on this night, and the prisoners were given into my charge by Mr. Ford and Mr. Mashin, for passing bad money—I received two shillings, one from Ford and one from Mashin—I told the prisoners what they were charged with—Lock said he knew nothing about it; Johnson said he was asked to go and have a drop of gin with Lock, and he went in—I found a good half-crown on Lock, and nothing on Johnson.
Johnson's Defence. I was coming along the road, and this man asked me to have something to drink, and I went in; that is all I know of it. I never saw the man before.
GUILTY .— Confined Twelve Months' each.
Before Mr. Justice Erle.
MR. RIBTON conducted the Prosecution, and MR. LILLET the Defence.
GEORGE KNIGHT . I am carman at, 5, Great Trinity-lane—I lodge with my father in King's-head-yard—I know the prisoner and his wife—I believe the prisoner is a seaman, in the habit of occasionally leaving home—his wife lived at 31, Barnham-street, about half-a-mile from King'shead-yard—I had been lodging at the prisoner's house for about six months—I was not lodging there at the time this transaction occurred; I had left about a fortnight, and had gone to live with my father—on Friday night, 3d June, soon after 12, I saw the prisoner's wife standing at her door—I went into the house, and remained there about half-an-hour—I did not go to bed with her—I was in the top part of the house—she was not with me—I did not hear the prisoner come home; when I first heard him he was coming up-stairs; he was having some words with his wife—I heard him threatening her—when he came up stairs I took up my trousers and went into the other room to put them on—I did not think he would come into the room where the bed was—he saw me, and said, "You b——wretch, you have been keeping company with my wife while I have been at sea"; I said I had not—he went down stairs, and I followed him directly; he went into the parlour to his wife, got hold of the poker, and said, "Where is he?
I will knock his head off"—he came out with the poker, and I went out at the street door, and away I came to my own place, and went to bed—the prisoner's wife did not come after me—I was disturbed about twenty minutes past 8 in the morning, and I found the prisoner standing there and two or three more—after he had shot me I was stunned and bleeding from the left ear—the prisoner said, "George, don't you think you deserve all you got? and if you survive this you shall have another."
Cross-examined. Q. What were you doing at the prisoner's house this night? A. I had been to a public-house opposite, next to a stable, where I was working—I had had a little drop to drink, and when I came out it was past 12—I saw Mrs. Hubbard standing at her door, and I went over and spoke to her, and asked if I might sleep there that night—I knew her husband was at sea—I took off my boots, and went up to bed—I did not go to bed with the prisoner's wife, nor have any criminal intercourse with her, on my oath—I was upstairs when I heard the knocking—I was not in the lower room where Mrs. Hubbard slept—I did not see her with my clothes in her hand, offering them to a lodger to take care of—I do not know where my clothes are—I left them behind me, except my trousers, which I ran away with in my hand—I did not know what—the prisoner was quarrelling with his wife about—I was in the upstairs room where some clothes were hanging to dry—there was no bed in that room, and no light, except which the prisoner brought up—I went into that room so that he should not see me—I don't know that I got behind the clothes—I was in my shirt—I had left my clothes in the lower part of the house—I took them off in the passage when I went in at the. front door—I have not got posses sion of my clothes again yet—I have not been to see after them—I saw the parcel at the police-court—I knew the time, because I got up after I awoke, and they told me the time—I saw no clock—the King's Head-yard is about half a mile from the prisoner's lodgings, as near as I can say—I dare say I could manage it at a trot in ten minutes—I did not carry my trousers on my arm—my depositions were not read over to me at the police-court, that I remember—I signed my name to a paper—I know nothing about the time, except what was told me; the wound I received was on the left ear.
MR. RIBTON. Q. Did you come out of the Waterman's Arms? A. Yet, it was soon after 12—I went into the prisoner's house—I had gone to sleep before I heard him come home—when I heard him having words with his wife downstairs, I was upstairs—It was soon after 2 o'clock,! think, when I got home to my father's house—they were in bed, but the gate was open, and the watchman was standing at the top of the yard—it was just getting light; it was not daylight, but the morning was beginning to break—I went to bed with my little brother, and went to sleep.
MARIA ROBERTS . I am the wife of Mr. Roberts, of King's Head-yard—we live in the same house with George Knight and his father—on a Saturday morning, early in last month, the prisoner came to the house at twenty minutes or half-past 8, while my husband and I were sitting at breakfast—he entered the room, and exclaimed, "Is Mr. Knight within?"I said, "No, sir, he is not, he has gone out" He said, "I mean Mr. Knight" I said, "Do you mean young Mr. Knight?"that called my attention to him, and I saw that it was Mr. Hubbard, who George had formerly lived with. I denied his being at home—he said, "His younger brother has just told me that he is at home". I said, "Wait a minute, I will go and see if he is in bed" I went up, and saw George Knight lying in bed—the prisoner followed me, and exclaimed, "Is that him?"I said, "I do not know, I
think it is" He rushed in, seized the bedclothes, took a pistol from his side, held it up, and said, "Now I am going to be hung". I said, "Ob George, pray for your soul! Pray don't!"The prisoner instantly put the pistol in a slanting direction, pulled the trigger, and fired it—George Knight's face was partly naked, and partly covered over with the clothes—the pistol was pointed at his head I anticipate—I do not think the muzzle of the pistol was more than the length of a person's hand from his head—I left the room immediately, threw the window open, and gave the alarm of "murder"—I saw blood from the left side of Knight's head, both before and after I left the room—I found two bullets in the pillow, one in the floor, and eight shots when I cleaned the room.
Cross-examined. Q. How late were you up that night? A. Till nearly 12 o'clock—I got up at about ten minutes past 8—there is a clock at the further end of the passage—I denied George being at home, because I knew nothing of his having come in—there is no street door; there is a large gate, and we live over the stable—there is a private door certainly, but there is our private door, which is kept closed and fastened, but whether the other is, I cannot say.
WILLIAM SMITH (Policeman, M 220). On 4th June I was called at half-past 8 in the morning, and the prisoner was given into my custody—the prosecutor was lying in bed bleeding from the left ear—the prisoner gave me this pistol (produced)—it has a rifled barrel. I told him the charge as the prosecutor lay in bed, and he said, "George, if you survive this, I will serve you the same again". I found this slug in the pillow, and some small shot; the sheet and the bed and bedclothes were riddled by the shot; I also found a mark in the pillow where the slug had been—I found on the prisoner three bullets, some powder, two percussion caps, and a small piece of iron, supposed to be used as a ramrod—the bullets found on him will go into the pistol very easily, but the one found by Mrs. Roberts will not—this piece of paper (produced) was undone by the magistrate—I have compared it with a piece shown me by Mrs. Roberts, and they correspond.
THOMAS EVANS . I am a surgeon of 3, Trinity-square—on 4th June, I was called to the King's Head, and found George Knight standing in the room partly dressed and bleeding from the left ear; there were three distinct wounds, one in the cartilage which was very slight, two appeared to be made with small shot, and one with a larger missile, it was an abrasure of a a quarter of an inch in extent; the others were clear cuts, and did not go through the ear—the marks were such as might be caused by shot discharged from a pistol—if any of them had penetrated the skull, I should say they must have proved fatal.
Cross-examined. Q. If one had entered the brain would it have been sufficient to kill? A. Yes—it must depend upon the quantity of powder whether the shot is to penetrate.
GUILTY of wounding, with intent to do grievous bodily harm.—Strongly recommended to mercy on account of the provocation he received. —He received a good character.— Confined One Month.
Before Robert Malcolm Kerr, Esq.
MR. KEMP conducted the Prosecution and MR. DALY the defence.
engaged as traveller at a commission of 10 per cent, 5 per cent to be paid him when the orders were proved and the other 5 per cent. when the moneys were collected—he was not authorized to receive money—I re member an order being obtained from Mr. Davenport—the prisoner received half his commission upon that order—it was his duty to call upon publicans and solicit orders.
Cross-examined. Q. Were you aware that the prisoner was carrying on business himself? A. I was not—I have heard since that he had an office of his own at St. John's-court, King-street, Snow-hill, and that he was going to carry on business there on his own account—he entered our employment about the middle of March last—I do not recollect when it was I gave him into custody—I never received any letter from him dated 24th May, asking for a settlement of accounts—there has been no account made up between us as yet—he received money whenever he asked for it—I do not recollect an agreement being written out by the prisoner—I never saw an agreement in his hands—I have heard there was one—I forwarded an agreement on to Messrs. Hicks—I think that was somewhere about the latter end of May—I never knew that the prisoner was called upon to give security to the amount of 100l.—he was never called upon to collect moneys—I am not aware that he was authorized to sell at reduced prices—I have authorized goods to be sold at a fixed reduced price, but never at a per centage—I have authorized a reduction from 95c. to 80s., but not to the prisoner—he was never authorised to receive money.
MR. KEMP. Q. Did he ever give you any money received from Mr. Devonport or Mr. Stowell? A. He did not—at the time he was given into custody he had received a sum equal to the commission that would be due to him—there was nothing owing to him at the time.
COURT. Q. How did you know that what you forwarded was an agreement? A. Because he told me so—it was enclosed in an envelope—he gave it to me himself—I presume it was his writing—I never saw him write—the agree ment was not sent until some long time after his engagement—I cannot tell exactly when it was sent—it was sent to Scotland immediately after he gave it to me—I have never had it back—I think the prisoner asked me for the copy of an agreement, and I either read it to or showed him an agreement which was customary to draw up between us and other travellers—I never gave him a copy—the agreement authorized travellers to collect money under a security—the security consisted in giving a bond for 100l—we never allowed any body to collect without that security—the prisoner never gave any security; if he had he would have been allowed to collect money. MR. KEMP. Q. It was not his duty to collect? A. No; it was particu larly specified that he was not to collect—he never mentioned to me the met the fact his having received the money in any way.
JOSEPH DEVONPORT . I keep the Golden Ball public-house in King-street, Snow-hill—I gave an order to the prisoner for some barrels of ale—that was about last May; the receipts will show when it was delivered—the prisoner called upon me for the money—when I ordered the ale the terms were that I was to pay in two or three months—he called a day or two after the beer was delivered, and said there was a "death" in the firm, and that in con sequence of that, if I would settle the account, he would allow me a discount—I think I paid him two accounts, 4l. 12s 6d—that was a week or two after I received the ale about the 14th May—he gave me a receipt—I produce the receipt (read: "Received on account of Messrs. Dick and Son, 4l 12s. 6d. RICHD. BACHE.)
had picked it up—he said before, "My father gave it to me"—he said he
HENRY NORTON (Policeman, L 63). I took the prisoner into custody on the 25th June—I told him I wanted him on a charge of obtaining, by false pretences, certain sums of money belonging to Messrs. Dick and Son—he said, "Don't take me to night, Saturday night is a rum night; I know I have done wrong; arrange with me, and I will meet you on Monday morning at 9 o'clock"—I took him in charge at once.
MONGO GEEKIE . I am storekeeper and traveller to the prosecutors—I was present when the agreement was entered into with the prisoner—he was to solicit orders, and was to receive 5 per cent. upon the delivery of the goods, and 5 per cent. when the cash was collected—he said that he did not wish to collect cash, consequently they would not require any security.
COURT. Q. He was asked for security then? A. He was not asked—he objected to collect accounts—I did not ask him to do so, nor did Mr. Bromhead.
NOT GUILTY .
MR. PLATT conducted the Prosecution.
PATRICK MACARTHY . I live at 17, St. Mary's-buildings, Rotherhithe—I am in the service of Mr. Hogarth, of the Thames Tunnel Iron Wharf—he had two fowls, a cock and a hen—they were kept in the yard at the works—I cannot swear positively that the cock (produced) is the bird—to the best of my belief it is—I have no doubt it is my master's property, because I have seen it in his yard.
Cross-examined by MR. WOOD. Q. Does the prisoner's father keep fowls? A. I believe he does—I have seen some fowls about, but I did not know they belonged to him—I do not know that he has lost any fowls.
JOSEPH LAWRENCE (Policeman, M 205). On Friday morning, the 24th, I saw the prisoner in Albion-street—he had a cock concealed under his coat—I asked him what he had got—he said a fowl—I asked him where he had got it from, and he said from his father—he asked me to go there—I said, "I will take you to the station first, and go to your father afterwards"—I took him to the station—he dropped the fowl and ran away—there were two other constables following, and he was stopped—I went to Mr. Hogarth's shed—I found in the roost some feathers resembling that bird—I also saw footmarks leading from the shed to the prisoner's father's house—I did not notice them sufficiently to say whether they were the prisoner's or not—when I stopped him he was going towards his own house.
Cross-examined. Q. Was he sober? A. Yes—he tried to make his escape—the bird could not get away; its foot was broken; I put it up in splints—the feathers I produced resemble in colour and length the hind part of the bird—they would resemble the feathers of any other bird—the footmarks I saw led from the prisoner's father's—his premises are separated by a wall and fence from Mr. Hogarth's—I do not recollect having a man named William Jones in my custody a short time ago for drunkenness—I do not remember going to his house and saying, "I am going to see after a man named Baker"—Jones did not say, "What, do you know a man named Baker?"—I did not say, "Yes; I know him, and will have him in a month"—I swear the prisoner did not say, when I asked him where he got the cock, that it was one of his father's—after he got to the station, he said he
picked it up at the top of the lane—that is nearly half a mile from his house—I do not know a Mrs. Timson—I do not know her public-house.
The prisoner's statement before the Magistrate read as follows:—"I picked it up." Witnesses for the defence.
THOMAS BAKER . I live in premises next door to the prosecutor—there is no wall separating our places at all, only a dilapidated wooden fence—I keep fowls, as many as fifty or sixty at a time—I have about twenty at the present time—I should not like to swear how many I had six weeks ago—I should rather think the fowl produced is mine; it is very much like—there are plenty of holes in the fence between our places—it is a temporary fence made of staves of barrels—the prosecutor's fowls have strayed on to my premises—my son has worked for me up to the present time—I left him on the night in question at quarter past 11, quite drunk—I never knew any charge made against him except at Christmas, when he was drunk and incapable—my place is, I should say, about 200 yards from where the prisoner lives—I should say where the fowl was picked up was seventy yards from where he lives—I have told him at times of my losing fowls.
Cross-examined. Q. You do not swear to this fowl? A. I should not like to swear positively.
TIMSON. I keep a public-house of the name of the "Ship" in this neighbourhood—on the night of the 26th, or morning of the 27th, the prisoner was in my house with his father—he and his father left at half-past 11.
NOT GUILTY .
MESSRS. POLAND and MR. J. O'CONNRLL conducted the Prosecution, and MR. MONTAGUE WILLIAMS the Defence.
SAMUEL CHARLES DRAPER . I keep the Cornwall Arms, Cornwall-road, Lambeth—on 21st June, the prisoner and another man came, and called for a quartern of gin, which came to five pence—the prisoner gave me a half-crown—I gave him the change—two women then came in, and called for half a quartern of brandy—one of them gave me a bad half-crown—I gave it back to her, and told her it would not do for me—the prisoner then took it, and gave me a florin—I gave him the change, and they all four went out together.
Cross-examined. Q. Was the half-crown the prisoner gave you a good one 1 A. Yes—they were talking about a dog which the prisoner had with him.
STEPHEN NORTON . I keep the Admiral Vernon, Upper Ground-street, Blackfriars—on 21st June, the prisoner came with another man and a woman—they called for two glasses of rum, and a glass of gin—the prisoner drank some of the rum—the other man gave me a half-crown, and I gave him the change—I had no other half-crown—they then went into the tap-room, and in about ten minutes they returned to the bar, and the other man called for a pot of beer and a quartern of rum—he laid down 3 1/2d for the beer, and the prisoner said, "I will pay for the rum," and put down 5 1/2 d—I said that that would not do, and he laid down sixpence—the prisoner then took out a half-crown and let it fall—he picked it up and put it on the counter—my daughter took it up, handed it to me, and said, "Father, this is bad"—I bent it, and told the prisoner it was bad—he said, "Give it to me again"—I said, "No, I never return bad money, except to the police"—they then paid me with a good sixpence, and went out—I sent my man to
follow them, and then looked in the till, and found the other half-crown was bad—another half-crown had been put in the till in the mean time—I gave them all in custody, but the constable was only able to take the prisoner; and he resisted, and got away—I gave the half-crown to the constable.
ALFRED WEST (Policeman, L 167). The prisoner was given into my custody by Mr. Norton, with these two half-crowns—I found on him 2 1/4d—I could not take the other man then, as the prisoner resisted, and struck and kicked me several times; and ultimately he was rescued from me—he ran, and I pursued him to 21, Cottage-place—he fastened the door; but I got in through another house, with assistance.
Cross-examined. Q. Have you made inquiries about the prisoner? A. Yes; he said he had worked for Alderman Gabriel for three years; but the alderman does not know anything about him—a contractor for Alderman Gabriel sometimes employs the prisoner for three or four weeks—the prisoner had been drinking, but knew what he was about.
NOT GUILTY .
MESSRS. POLAND and MR. J. O'CONNELL conducted the Prosecution, and MR. LILLEY defended BURKE.
DORCAS BUCKINGHAM . I am the wife of John Buckingham, a butcher, of Surrey-place, Wandsworth-road—on 23d June, Thomas came for lib. of steak, and gave me a bad half-crown—I looked at it, and gave it to my husband, who chopped it; but before that, Hewlett came in and said something to me.
ALFRED HEWLETT . I am a furniture-packer, of 13, Southampton-street, Nine Elms—on 23d June, about 7 o'clock, I was at the corner of the Nine Elms with a young man, and saw the prisoners together—Burke had a handful of money in his left hand—he passed one piece to Cooper, and another piece to Thomas—I went to the station, and spoke to the sergeant—before that I saw Thomas go into Buckingham's, the butcher's—I was on the other side of the way—I went over, and stood at the door till he put the money down, and then I went in, and saw the half-crown chopped—I went out, and found Sergeant Coltman, and then saw Burke and Cooper by the toll-gate—when they saw me, they walked on towards a new road where some building was going on—I followed them, put my hand on Burke, and said, "You have got some bad money; I have been watching you this last hour"—he said, "Me! that I have not"—Cooper said, "I will smash your nose in for you;" and then put his hand in his pocket, took out the money wrapped in paper, and threw it over the wall—I saw some of it fall out, and scatter—a constable came up, and I pointed out the place to him—Hayes, a constable, lived there—I saw him over the wall.
Cross-examined. Q. How near were you to Burke and Cooper? A. About half a dozen yards off—it was dusk—I had seen Burke before.
CHARLES SYRED (Policeman, V 84). On 23d June, between 7 and 8 in the evening, I went with Hewlett and Sergeant Coltman to Buckingham's—I left Coltman there, went some distance down the road, and saw Burke and Cooper—Hewlett went up to them on the right, and I on the left—Hewlett got up before me, and when I got as near to Cooper as I am now, he put his right hand out, and threw something—I saw something like a shilling
over the wall in Hayes's garden—I was in private clothes—I said that I was a policeman, and should take them for being concerned with a man in custody in passing bad money—Burke said, "What am I taken for? I do not know that man" (meaning Cooper)—I took them to the station—Thomas was in the dark, and Burke that he did not know him—I found two good florins and a shilling on Burke.
THOMAS HATES (Policeman, V 82). On 23d June, between 7 and 8 o'clock, I was in my garden at Manor-place, and a piece of paper dropped at my feet—I picked it up; it contained 3s.—I looked over the wall, and saw Burke and Cooper in Syred's custody—I searched and found two other coins—next day I received three other counterfeit shillings from my daughter.
BURKE.— GUILTY .— Confined Two Years.
Befare Mr. Recorder.
MR. WOOD conducted the Prosecution, and MR. COLLINS the Defence. In this case, from a defect in the proof the COURT directed a verdict of
NOT GUILTY .
MR. COLLINS conducted the Prosecution, and MR. LILLEY the Defence.
SEATON OSBORNE . I am sixteen years old, and live at Childer-street, Rotherhithe—I work at the Surrey saw-mills—I knew Alexander Hanghey; he vas bigger than me—on 3d May I saw prisoner at the window of a shop No. 2, Plough-road, Kotherhi the—I do not know what he was doing—I saw Hanghey come out of the shop and tell him to go away from the window, and shoved him away—the prisoner then picked up a stone and threw at him; it struck him on the side of the bead—Hanghey then went into the shop, and the prisoner picked up another stone—Hanghey hallooed out to me to stop him, which I did, and held him—he struggled, and I took the stone from him—Hanghey came up, and I saw a short white-handled knife in the prisoner's hand—they struggled some time together, not fighting, but they fell down together as he was struggling to get the stone away—he did get it—some gentleman said, "Serve him right"—I turned away for a little while, and then saw Hanghey coming away bleeding from his leg—the prisoner ran away with young Cooper.
Cross-examined. Q. Was not Cooper with him from the first? A. Yes; he was three or four yards from him when he was looking in at the window—there were pictures in the window—the deceased told the prisoner to go away first, and then pushed him—I did not see a corkscrew or a piece of wood in his hand, or a knife with a corkscrew and a blade—I was on the opposite side of the street—Cooper remained till there was an end. of the matter, and he and the prisoner ran away together—I should think the boy who is dead was six or seven inches taller than me; he was not as tall as you—it was not Cooper who took up the stone—I stopped the prisoner; I did not hit him, I only held him—I did not push or throw him down—I did not see the deceased strike him or kick him, or push him down; nothing of the sort; they fell by struggling together to get the stone, and the prisoner
was underneath—they were not up and down several times, I state that positively—I was about seven yards off when the struggle was going on—there were not many passengers going along.
WILLIAM COOPER . I live at 4, London-street, Deptford—about the be ginning of May, in the afternoon, I was at play in the Plough-road with two other boys, M'Donnell and Simmonds—McDonnell was close to the shop where Hanghey lived, looking in at the window at the pictures, and playing with a corkscrew, opening it—I saw William Scotter in the shop; they call him Hanghey—he came out and told M'Donnell to go away, and then went in again—M'Donnell stood there and Hanghey came out again, put his foot behind M'Donnell and threw him down—M'Donnell ran away, picked up a stone, and heaved it at Hanghey; it struck him on the shoulder—M'Donnell ran away, Hanghey ran and stopped him, got him by the throat, threw him down, fell on him, and they struggled together—when M'Donnell got up he went indoors holding his leg, and I saw blood on the stones—the prisoner had nothing in his hand, that I saw, while he was running away, but when he stopped I saw an open knife in his hand; that was after Hanghey went in—I saw him shut it.
Cross-examined. Q. Was that the same knife that has the corkscrew in it? A. Yes; the corkscrew is at the back—he had a little piece of wood in his hand, which he was cutting as he was looking at the pictures—he was cutting it round, and making a hole through it with the corkscrew, resting it on the window-ledge—M'Donnell got away, and Osborne stopped him—he then got him by the throat and pulled him down, and was kicking him and punching him while he was down ten or eleven times—when M'Donnell got up he seemed to be hurt; his face was cut and bruised, and he seemed to be confused—Scotter kicked him on the bead as he was lying down, and on the side and shoulder and back.
MR. COLLINS. Q. Was this boy doing nothing while he was being punched? A. No, he was lying on the ground, and Hanghey was standing up punching him—I have not seen the prisoner and talked to him about it, or any of his friends—I have talked about it three times with the people where M'Donnell used to live—when I went to the Court they asked me how he got on.
ELIZABETH SCOTTER . I am a widow, and live at 2, Plough-court, Rotherhithe—the deceased Alexander Hanghey, was my nephew; he would have been seventeen next September—he was very tall for his age, between five and six feet; his corpse was the full length—on Tuesday evening, 3d May, I called him out of my back kitchen, and asked him to mind the shop while I conversed with a lady in my back parlour—he left the shop for three minutes, and when he returned he was in a fainting condition, and two little girls came and told me something—I examined him, and he was in a frightful condition; the blood spirted out like a fountain from his thigh; he lost two quarts of blood, and never stood up again—he died on 16th May—he never had a day's ill health before.
Cross-examined. Q. Was he your nephew? A. My half-nephew; he was my husband's nephew.
WILLIAM TREGENE TEARRAKER . I am assistant to Dr. Tregene, and am a student at St. Thomas's Hospital—on 3d May I was called to the last witness's house, and found the boy Alexander Hanghey in a very low condition from loss of blood, and suffering from a punctured wound in his right thigh, about three inches above the knee—I should think nothing but a knife would do it—there was a cut in his trouser? Corresponding with the wound
—it was a dangerous wound from the loss of blood—I found on the post-mortem examination that the wound was an inch or an inch and a half deep—he lost a very large quantity of blood.
Cross-examined. Q. Did you make a post-mortem examination? A. I was present at it—the death was due to another cause entirely; something like a cherry-stone escaping from the intestines into the cavity of the abdomen, and that had caused inflammation of the intestines—the effect of this large flow of blood might reduce the inflammation, but I should not like to say one way or other—the wound on the thigh was healing.
GUILTY of unlawfully wounding. — Confined One Month.
MESSRS. POLAND and M. J. O'CONNELL conducted the Prosecution.
WILLIAM HENRY PIGGOTT . I keep the King's Arms, Suffolk-street, Southwark—on Thursday, 2d June, between 9 and 10 in the evening, the prisoner came into my house and asked for half-a-quartern of the best rum; which was three pence—I served her—she gave a counterfeit shilling, which my wife took up and broke in the detector into several pieces—I said the shilling was bad, and the prisoner said, "I did not know it; I will give you another one"—she then gave me a good shilling—I gave her the change and she went away—I took care of the pieces of the bad shilling till the following Saturday, and then gave them to the constable—I followed the prisoner out of my place, after I gave her the change for the good shilling; and saw her go into Mr. Eyles's, the confectioner's shop, in Blackman-street—I saw her come out, and I went in and spoke to Mr. Eyles—he went to the till, and I saw him take out a bad shilling—we then both went after the prisoner, and overtook her, but by some mishap or other she got away—on the following Saturday I saw her in custody at the police-station.
THOMAS EYLES . I work for Mr. Donaldson, a confectioner, of Blackman-street—on 2d June the prisoner came into the shop and asked for a seed-cake—I did not serve her then—Mr. Piggott came in, and in consequence of what he said, I went to the till and found a bad shilling on the top of the other money—on the Saturday following the prisoner came in again—I served her with half a seed-cake—she tendered a counterfeit shilling—I told her it was bad, and that I should give her in charge, which I did—I gave the shilling to the constable with the one I found in the till.
JOSEPH BALDRY (Policeman, 67 M). The prisoner was given into my custody, on Saturday, 4th June, by last witness—I received from him these two shillings—I afterwards received these pieces of a shilling from Piggott—three good shillings were found on the prisoner by the female searcher at the station.
Prisoner's statement before the Magistrate:—"I was at the cake shop; I was not at the King's Arms."
Prisoner's Defence. I did not know that the money was bad.
GUILTY .— Confined Six Months.
MESSRS. POLAND and M. J. O'CONNELL conducted the Prosecution.
CABOLINE NEWMAN . I am the wife of George Newman, who keeps a corn chandler's shop in Abbey-street, Bermondsey—on 25th May, the prisoner came in and asked for a pint of bird seed, which was 2 1/2d., gave
me a half-crown, which I put in the till—there was no other there at the time—I gave him the change and he went away—I then looked at the half-crown, found it was a bad one, and put it on one side by itself—I afterwards gave it to the constable—on 21st June, the prisoner came again, and asked for a pint of bird seed—he gave me a half-crown—I gave him change—he left, and I afterwards found it was a bad one—I tried it with my teeth, and then gave it to my husband, who went out and fetched the prisoner back—a constable was sent for, and he was given into custody—this is the half-crown (produced)—I marked it with my teeth and gave it to the constable.
Prisoner. Q. Did you say anything to me when I came in? A. Yes; I said you were the party who had given me one before—you said you did not know it was bad—at the police station I said I was confident it was you who gave me the other half-crown—I did not have a good look at you in the shop, and I was not quite sure, and you were dressed as a bricklayer the first time you came in.
WILLIAM POLLIN (Policeman, 168 M). The prisoner was given into my custody on 21st June, and I received these two half-crowns from the last witness—I searched the prisoner, and found on him one shilling, two six-pences, and 4 1/2 d. in copper, and a pint of bird seed—he said he belonged to Manchester, and be denied having been at the place the month before—I asked him how he came by the half-crown, and he said he had got change for a half-sovereign in some public-house in the neighbourhood of Bermoudsey—I asked him where it was, and he said he could not tell—I asked him where he lodged—he said he lodged at a coffee shop, but he could not tell in what place it was.
Prisoner's Defence. She says I gave her one on the 25th, the day before the Derby-day; I did not leave Manchester until the 15th of last month; I took that half-crown in change, and did not know it was bad; I had a sovereign when I came up here.
NOT GUILTY .
MESSRS. POLAND and M. J. O'CONNELL conducted the Prosecution.
EMILY WHITE . I am barmaid to Mr. Harman, of the Clarendon-arms—on 1st July the prisoner Sarah came to our place, and asked for three-ha'porth of rum and shrub—she paid me with a shilling—I put it in the detector and bent it, took it into the bar-parlour and showed it to Mr. Harman—he returned it to me—I took it back to the prisoner, and said, "This is a bad shilling"—I put it on the counter—she took it up, and put it in her purse—she said, "I took it down the Wyndham-road, for some tobacco"—she then gave me a good shilling—I gave her the change, and she went away.
CHARLES HARMAN . I keep the Clarendon-arms, Camberwell New-road—on 1st July I saw the prisoner Sarah at my house, and saw the last witness serve her—she then brought me a bad shilling, bent—I returned it to her, and saw the prisoner leave—I followed her, and in about 10 minutes or a quarter of an hour she joined the other prisoner, her sister—they went down James-street and Beresford-street together, and then came to Mr. Lock's, a chandler's shop—I saw Sarah go in—I did not see her come out—I was behind some bricks—I went in—they were not there then—I spoke to Mrs. Lock, and she went to the till—she opened it, and took a bad shilling out—I bent it a little on the counter, and returned it to Mrs. Lock—I then went
out to took for the prisoners, and found them in Hill-street together—I watched them, and saw Sarah go into Mr. Wall's, who keeps a general shop—I saw her come out, and I went in and spoke to Mr. Walls—he examined the till, and then came out and looked after the prisoners—we found a constable, and gave them both into custody.
SARAH LOCK . My husband's name is William Lock—we keep a chandler's shop at Walworth—the further prisoner (Sarah) came into my shop on 1st July, and asked for half a pound of sugar, which was 2 1/2d. and gave me a shilling in payment—I put it in the till—there were two others there—I gave her change, and she left the shop—Mr. Harman then came in—I opened the till and found a bad shilling—he took it out, bent it, and gave it me back—I afterwards gave it to the policeman—the other prisoner also came in and asked me if I could give her 1s. 6d. for eighteen pennyworth of halfpence—she afterwards said she only wanted sixpence, and I gave her six penny worth of coppers.
JOHN WALLS . I am a grocer at Hill street, Walworth—on Friday, 1st July, the prisoner Sarah came into my shop, and I served her with two ounces of German sausage, price five farthings—she gave me a shilling—I gave her change, and put the shilling in the till—shortly afterwards Mr. Harman came in and spoke to me—I looked in the till, and took out a bad shilling which he bent and returned to me—it was the only shilling there—I went out and saw the prisoner Sarah coming up Hill-street—she went into a house for a few minutes, then came out, and joined the other prisoner—I looked out for a constable, and gave them into custody with the bad shilling—I gave her a sixpence, a fourpenny piece, and three farthings in change.
THOMAS MADDEN (Policeman, P 311). I was called on this evening, and found the prisoners in King-street, Walworth—I called them back to see a gentleman—they went with me, and I afterwards charged them with utter ing counterfeit coin—they said nothing to that—as they were going along this shilling was dropped—I can't say which of them dropped it—the female searcher afterwards gave me two more shillings at the station—she is here—Eliza Spreadbury gave me sixpence in silver, and 6 3/4d in copper, good money, and Sarah gave me a shilling and three farthings, in copper, and one shilling, eleven sixpences, and three threepenny pieces in silver, good money—I received a shilling from Mr. Walls, and another from Mrs. Lock (produced).
ANN TINDALL . I am female searcher at Carter-street police-station—on 1st July, I searched the prisoners—I found a pocket handkerchief on Sarah, in the corner of which were two bad shillings wrapped up in paper—I gave them to the inspector, and I saw him give them to Madden, the constable.
WILLIAM WEBSTER . These shillings are all bad—the one passed to Mrs. Lock is from the same mould as the one dropped—the two found by the female searcher are from the same mould as Mr. Walls's—there are five altogether.
Sarah Spreadbury's Defence. I was not aware that it was bad or I should not have done it; it is the first time; I know I shall never do it again.
Eliza Spreadbury's Defence. I had nothing to do with it; a gentleman gave me two shillings and gave her six, which were good, out of his purse; I went home directly, and did not change the money till the next day.
SARAH— GUILTY .— Confined Nine Months.
ELIZA— GUILTY .*— Confined Twelve Months.
ADJOURNED TO MONDAY, 15TH AUGUST, 1864.