CENTRAL CRIMINAL COURT
TENTH SESSION, HELD AUGUST 15TH, 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, August 15th, 1864, and following days.
BEFORE THE RIGHT HON. WILLIAM LAWRENCE, LORD MAYOR of the City of London; Sir JOHN BARNARD BYLES, Knt., one of the Justices of Her Majesty's Court of Common Pleas; THOMAS CHALUS, Esq.; THOMAS QUESTED FINNIS, Esq.; BENJAMIN SAMUEL PHILLIPS , Esq.; JAMES CLARKE LAWRENCE , Esq.; ROBERT BESLET, Esq.; and DAVID STONE , Esq., Aldermen of the City of London; 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. TENTH 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, August 15th, and Tuesday, August 16th, 1864.
Before Mr. Common Serjeant.
MESSRS. GIFFARD and F. H. LEWIS conducted the Prosecution, and MESSRS. METCALFE and ORRIDQE the Defence.
NICOLAS TANCO AMERO . I am a banker and general merchant at 11, Rue Bergere, Paris—I carry on business there with two partners, under the firm of Le Grand, Tanco & Co.—we had also an office at 117, Cheapside—in May, 1863, the prisoner was introduced to us by one of the partners in Messrs. Candy's house, and very highly recommended to us—they are large silk merchants—we afterwards agreed that the prisoner should become the agent for our house in London; he was to receive 4000 francs, which is equivalent to 200l. a-year, and-one per cent, on sales—I have the letter of instructions here, which was given to the prisoner before he left Paris—my partner engaged him—I know exactly what he said to him—I was not present; I had left for London—I said nothing to the prisoner before I gave him this letter of instructions—I approved of the instructions in London when he came over—(This letter contained instructions to the prisoner that he should, before he made any sales, be satisfied as to the solvency and respectability of the buyers, that the books should be kept in the usual way of business, and that an extract from them should be sent every month to Paris)—The prisoner came to London at the end of May, 1863—he did very little business between that time and the end of December—I communicated to him in reference to his sales and transactions, and about December he came over to Paris—he said that the business began to promise, that he had begun to make good connections, and the only thing that he required in order to carry on a good and important business, was to have a stock of goods, which he said would be necessary about the spring, when the London season began—he said he had brought two buyers with him; he did not tell me their names then, or in his correspondence afterwards—I told him to introduce them to me, but he said he could not present them then, because they were very busy—he said they were buyers for some large English houses—on that statement I
gave him some directions as to the purchase of silks—he proceeded to Lyons to buy the stock that he wanted, and he also went to Switzerland—the amount of his purchases at those two places were about 30,000l.—the goods all went straight to London, and the prisoner went also, without writing us what amount he had bought, or anything about it—the goods consisted of silks to the value of 16,000l., plush 2,000l., leather about 2,000l., and cotton and printed goods to the amount of 6,000l.—there was also 5,000l. or 6,000l. worth more, which he bought at the same time—the whole amount of goods transmitted to London at that time was about 32,000l. worth—the prisoner got back to London again about the 2d or 3d of February, 1864—I came from Paris to London on 6th or 7th of February—I saw the prisoner—he said, "All my stock is sold, the goods are in the hands of all the people who bought them"—I did not even know that the goods had arrived in London—I then asked him who the buyers were he had brought to Paris, and he told me they were Messrs. Lhemann and Arand—I heard of an alleged transaction with Bevington's, at the very beginning of February, before I came to London—we had a telegraphic despatch—I communicated to the prisoner with reference to it, and he gave me the same answer that he had given to the house—I cannot find the letter which we wrote to the prisoner about that, but I have the answer we received on the 7th. or 8th. o£ February the prisoner—(This letter, being in French, was interpreted; it was dated 8th of February, 1864, and stated that he had been to Messrs. Bevington and Sons that morning, and that his client had offered them some goods for the purpose only of getting the value of them, and to assure himself that he had not paid too high a price for them, that there was nothing to be alarmed about, and that tive prosecutors might always rely on his (the 'prisoner s) help and assistance)—I have now found the other letter (This was dated 6th of February, from the prosecutors to the prisoner, recommending him the greatest possible circumspection as to the people he did business with, and that he was always to try and get the best possible security)—I came to London immediately after that, and spoke to the prisoner about Bevington's transaction—I repeated to him what we had said in that letter—I told him that we had great fears that all the leathers were bought by some person who could not pay for them, and who had offered them for the purpose of raising money—the prisoner said, "Don't have the least fear about that client, he always pays me beforehand, that is the best answer I can give, the only reason they offered those leathers was to make themselves sure that they did not pay a high price for them"—he afterwards told me who that client was—I thought it useless to see Bevington upon that statement—the actual date upon which I came to London was the 7th—I did not wait for the answer to our letter—I asked the prisoner to give me a list of all his clients, so that I could take references of all of them—he gave me a list on a bit of paper—I have not got it—I kept it for some time, and then destroyed it—I showed the names to several merchants, and within half an hour I found out all about them, and told the prisoner verbally that all those clients were good for nothing—they put opposite to the different names he gave me in pencil "very bad," "very bad"—the first name was Lhemann, the second Arand, and so forth—I said to the prisoner, "Nothing can he said about these houses; nobody knows them at all; people say they are good for nothing, that they cannot be trusted to any sum, and I forbid you to let them have any more goods whatever"—he said that the information was wrong, that he had known these people for many years, especially Lhemann, as a very high standing and respectable person; that we could rely upon them; we were sure to be paid our money
—he said Lhemann bad been highly recommended to him by De Vaux and Co., the bankers, and that moreover he had known him for many years, and that from his high character we should be sure to be paid—he said that a man of the name of Leo had presented Arand to him, and that his banker also had given good references—I recollect saying something to the prisoner about getting a book-keeper—I said the books were in great confusion, that he most get a book-keeper at once—he replied to that that it was a very difficult thing to get a book-keeper in London, but that he had already spoken to a Belgian whom he would very likely get; he told me at that time that Lhemann owed us about 5,000l.—I looked at the books, and that was the amount according to the books—he had not before that sent me any account sales to Lhemann—I saw Lhemann immediately before I went to Paris (Lhemann was here brought to the bar); that is the person I saw—I believe I returned to Paris the very day I arrived here, the 8th, but before I returned I went with the prisoner to see Lhemann at his office—Lhemann told me that he had purchased many goods from us, and that he was doing a very large business at the Cape and Mauritius, and in different parts of the world—I told him that I wanted to draw on him for part of his debt, and that I should at least draw upon him for 2,000l—I said, "I want" you to give me a bill for that amount"—he said, "I have no objection to send you the bill, and whatever balance I may owe you I will pay in the course of the month of May"—he did not tell me at that time how much he owed me—we went out, and I said to the prisoner, "We shall be sure to lose our money, those are no merchants, persons circumstanced as those are, the office looked wretched and miserable—the prisoner said, "Oh, you may be sure that every penny will be paid; he is a very high character, and you must not judge by appearances; I regret you want the drafts, for without those bills I should be sure of getting all the money in April"—I told Lhemann be could not expect to have any more credit till he paid us the debt—he said I was very wrong in stopping his credit, for that would prevent him from paying me what he owed me sooner; he would not have any facilities for paying me—I was not aware that on that very day, the 8th, the prisoner sold goods to Lhemann to the amount of 2,000l. in valued or that two days afterwards he sold goods to him to the amount of 796l.—I never even surmised any such sale—the prisoner also introduced me to Arand; next morning, when I arrived at the office in Cheapside, I found Mr. Arand waiting for me—the prisoner had told me before that that he wanted to present Mr. Arand to me—I had a general conversation with him; he said he was a large merchant, that he was accustomed to buy of different houses in London, but that he preferred buying goods from us, because he bought them on advantageous terms—I had a conversation to try and find what were his means, and his commercial standing—he said he was waiting for a very large order which Werner had ordered, and which we fortunately stopped—it was given to the manufacturers at Lyons; the prisoner had ordered them for him at Lyons—we stopped that at once, and the manufacturers then for the first time refused to advance any more goods—Arand said he had consigned the goods to York and other places—I told him that we wanted bills at least to the amount of 2,000l. to be paid in a couple of months, and that he would have no further goods until these bills were met—according to the books, he owed us about 5,000l.—he said he would shortly pay 3,000l., and that the whole amount would be paid in a few days if I did not draw the bills—the prisoner confessed that he never inquired of the merchants to whom I had
introduced him—I presented him personally to four houses; Messrs. Isaacs and Son, Mildred and Co., Drake and Co., and Schloss and Co., who were ready to give him all sorts of advice—I had not the least idea that on 10th February the prisoner trusted A rand again with goods to the amount of 1,179l.—I returned to Paris on 14th—I went to Manchester before that, and returned immediately—the last thing I said to the prisoner when I left, was not to trust either Lhemann and Arand further, as they were worth nothing, and I had heard from a reliable source that they were not worth 200l., and that they could not be trusted to that amount—between 14th and 20th I received bills of exchange from the prisoner to the amount of 2,000l. from Lhemnnn, and 2,000l. from Arand—on 20th I returned those bills to the prisoner in a letter—(This letter stated that it was impossible for Messrs. Le Grand, Tanco, to negotiate the drafts and bills of exchange, and that it was indispensable for them to have the value of those bills on the Wednesday following, as they had to pay a large sum to one of their clients. It also desired that the prisoner should not give credit to Lhemann and Co. to a sum higher than 500l., and that if he went beyond that figure they should hold him responsible, and that he was to send them word by telegraphy on the Tuesday, whether they might depend on the sum of money being sent).
Q. Just explain that passage in the letter about giving Lhemann a credit of 500l.? A. That if at once they would pay all they owed, not to trust them again over 500l.—this memorandum was sent in that letter "Lhemann—limited credit—capital small and insufficient for his business—established two or three years—respectable character, but too enterprising, and has not sufficient capital"—I afterwards received from the prisoner a letter dated 23d February—I was not at all aware that between 27th February and 8th March the prisoner supplied Arand with further goods to the amount of 7,000l.—on 5th March we wrote to him again, and asked him the precise names of the persons to whom he sold—I have the books here—there is, on 6th February, sold to Lhemann and Co., 2,128l. 19s 1d.; on 9th, to Arand, 1,179l. 15s. 6d; on 10th, to Lhemann, 1l 4s. 2d.; on 11th, 796l. 18s 1d.; on 15th 13l. 15s. 10d.; on 16th, 391l. 5s 1d, all to Lhemann—there are four books full of sales made to Arand and Lhemann—the sales to Arand between 27th February and 8th March, were 7l, 11s, 2d; on 1st March, 1,007l. 5s. 4d.; on 2d, 13l. 18s. 3d.; and on the same date 954l. 4s. 5d.; on 3d, 193l. 3s. 1 1/2d.—all these four page full of goods are on the same date, amounting altogether to 4,608l. 16s. 3d.—on 7th there was a sum of 803l. 4s. 11d—on 5th March we wrote this letter to the prisoner—(This stated that the prosecutors had not received the 50,000 francs promised in the prisoners last letter, and asking him to send the money that day by a draft, so that they should be in possession of the sum of 23,579 francs on the next Monday. It also stated that it was ablsolutely necessary for the prisoner to have a regular system of keeping his accounts, I and send them over extracts of his negotiations)—After that letter I find these items in the books, on 7th, to Arand, 803l. 4s. 11d; on 8th, to Arand, 508l. 8s. 9d—he did not communicate to me any of those account-sales—I came to London again about 15th March—I saw the prisoner; he had not got a book-keeper, and I engaged a book-keeper at once, and had all the books made up, and put in order—I then found out what amount Arand and Lhemann had had from the time we told the prisoner not to trust them; we began to see clearly, for the first time—I went with Werner to see Lhemann, and said that the 2d of April was approaching, and asked him if he was able to meet his bill—before I went there the prisoner told me that Lhemann had promised him from 4,000l. to 5,000l. on Saturday—Saturday
arrived, and he did not pay anything—after that I went to Lhemann and asked him if he could meet his bill on 2d April—he expressed his inability to do so, and said, "I have already written to the Paris house, stating that I cannot, because 20,000l. which I expected from different quarters, has not arrived, and I have no money"—of course I said, "If you want us to wait any longer you must give us some security; have you any property, any shares?"—I asked him what security he could give us, in whatever shape—I said, "You must have sold these goods to somebody?"—he then gave me these bills of exchange (produced)—he said, "I have made my sales to the extent of 8,000l., which I can hand you as collateral security"—I said, "I will not take them in payment, only as collateral security" and he handed me all these bills, with some others—I never got a penny on those bills—I asked him what sort of bills they were; he said that very likely some of them would not be paid, but a great part of them would—they are completely worthless—Lhemann owes us 12,000l.—the total amount of our loss is 32,000l.; that was in three months, from January to March—the prisoner sold Lhemann 12,000l. worth, Arand 11,500l. worth of goods, and about 2,000l. worth to two or three people, who were recommended by them, without taking any references whatever.
Cross-examined by MR. METCALFE.Q. It was on 16th March that you first found out the extent of the debt, when you made up the books? A. Not exactly on the 16th March; we began to make them up at that time—we did not discharge the prisoner when we found this out, we did not think it was advisable; we kept him in our service till the day we gave him into custody, some time in June—we kept. him there from March until June—whatever little goods remained he sold—I stopped the orders, and told them not to send up any more—he had a power to sell whatever there was—he sold very little—I believe we had a small remittance of money from him during that time—I do not exactly know the amount we received from him in March and April—it is very likely we received about 7,000l. in cash, out of which my partner sent 6,000l. for goods sold by him—Mr. Cooper, the gentleman who made up the books, was here till this time, but is tired of doing nothing, and is gone away—Mr. Copleatone is not here—I have here an account-current of our house, which may prove what we received from the prisoner—it is taken from our books—I have Lhemann's account here—on 17th December he paid 406l.; on 4th January, 1864, 200l. and 400l.; on 12th February, a 2,000l. bill, which was subsequently returned; on 1st February, 800l. in a cheque, which was entered on our bankers; on 13th February, 1,000l. by cheque; 22d February, 800l. by a bill—all that amounts to 5,200l., and if you deduct the 2,000l. bill, he paid 3,000l.
COURT. Q. How many of the bills were returned unpaid? A. There was the 2,000l. bill which was dishonoured—I don't know whether the one for 800l. was paid or not.
MR. METCALFE. Q. Did you receive a cheque for 1,000l. also on 12th February? A. Yes; I saw Lhemann hand it to the prisoner in my presence the same day as I received the bill for 2,000l.; it is here, entered on 13th—I have seen the 2,000l. bill since that; I don't remember whether I have seen it since these proceedings have been going on—this is the cheque for 1,000l. (produced)—it was given on the day I had the conversation; it is dated here the 12th—I saw Lhemann on the 8th; no later than the 8th—I don't know how it is that the cheque is dated the 12th, and the bill entered the 13th—they could make it what day they liked—I went to Manchester,
and a couple of days after I came back I went to Paris—I saw Lhemann after my return from Manchester; I saw him a second time—I saw him before I left, on the 13th, at his office; that was not the day I saw Arand I—I saw him on the 9th, the day after I arrived; that I am quite positive of—I am sure I arrived here on the 7th; I know by the letters—I arrived I here before that letter of the 6th was written—I left that same night—I I believe I went by myself to Lhemann the second time—I may have mistaken the date—I cannot swear whether I saw Lhemann on the 12th; I saw him on the 8th, before I went to Manchester—I saw him the very day I arrived—I may have seen him a second time, on the 12th, but I saw him on the 8th or 9th—this conversation I have told you of did not occur on the 12th; that was on the day of my arrival—I saw him on the 8th and 13th, the day I arrived, and when I went away; during that visit I saw him twice—it was on the first occasion that Lhemann gave the prisoner the cheque, I believe; I am not quite positive—it was the first time I saw him that he gave the cheque—I did not see the cheque to look at—the bill was I sent when I was in Paris; I did not Bee it in London—it may be amongst the papers; it was drawn about the 16th—I do not keep any diary—I have the letter-book here; that would tell me when I went to Manchester—here is a letter here dated the 11th, from the prisoner, which states, "Mr. Tanco is at Manchester, and will return to-morrow"—to-morrow would be the 12th—I saw Lhemann before I went to Manchester—I am not positive I saw him a second time; I may have done so—I saw him the very day I came from Paris—the prisoner was recommended to me by a gentleman named Miller, of the firm of Candy and Co.—I understood he had been in Candy's employ for three years here—they told me he had great experience in business, that he had been two years at least in England, and knew all the markets—he was their clerk—I don't know that his father is a banker; I know nothing of his family.
Q. You told us what money you received from Lhemann, will you now tell us what you received from Arand? A. On November 16th, 348l. 5s. 9d. cash; on November 30th, a bill receivable for 377l. (I cannot guarantee that that has been met); January 4th, 300l.; February 12th, 2,000l., by a bill in favour of Le Grand, Tanco, and Co.—all we know is that he owes 12,600l.—we only know what has been remitted to us—he must have paid 6,000l.—he paid on 13th February, 1,000l.; March 2d, 1,000l.; March 3d, 21l. 9s.; March 4th, 1,000l.; 5th, 1,000l; 12th, 500l.; 18th, 500l.; a bill receivable 300l.; 500l., and 700l.—according to the books which were in London, Arand's account from 12th February was 5,000l.—this book is in the hand-writing of the clerk in the house, and some of it is in the prisoner's writing—the sums received from Arand altogether from 12th February to 8th March make about 7,000l.—we did not make a profit of 25 per cent, on these goods—six per cent, would be the utmost—there were other sales effected by the prisoner besides these—very small sales—the total sales altogether amounted to about 40,000l. in all transactions—I have a list here, made up by the book-keeper, up to 31st March, which says 36,000l.—the prisoner gave me a list of further orders, amounting to 6,000l., which we did not wish to execute, because we could not ascertain whether they were true—there was nothing done in May—we have not received cash from the prisoner to the amount of 25,000l., that is ridiculous—sometimes he paid into Isaac's—I have not made any inquiry to ascertain what cash has been paid in by the prisoner—Brandon and Co. was not one of the firms to whom I advised the prisoner to apply—I believe my partner was a friend of one of
that firm—this paper is in the handwriting of my partner, Mr. Le Grand—I dou't know whether the prisoner was introduced to Brandon and Co. or not—I believe my partner recommended the prisoner verbally, as he was at that time in Paris—I was in London then—I don't know that the prisoner I had a seat in Brandon's office till our offices were taken—we sent him over about 28th May, 1863—wo had not taken an office at that time—the first letter we had from him is written on Messrs. Brandon's paper—he might have gone in there and written a letter—my partner is in Paris—I wrote to the prisoner when I found that he had had some transaction's with Brandon's—I never saw Flatow till he was here—I never knew till now that he was chief clerk in Brandon's office—I did not know it till Lhemann was apprehended—we have employed a detective officer in this case—bills were taken from Arand for the whole amount—they are not due yet—we also took bills from Lhemann—there was one for 5,000l, which was due at the beginning of June—the first bill was due a few days after these proceedings—I have a letter here of 25th February, written by the prisoner to us—(This letter stated that the prosecutors might depend upon the prisoner recovering all the debts if they would let him alone; that he had been to Lhemann and Arand and he considered that after having granted a credit to them it would be imprudent to cut it of short by demanding the payment of 30,000 francs, and that it was his intention to continue the credit, but progressively to decrease it.)—have the letter we wrote in answer to that, on the 26th—we told him it was necessary that he should remit some money to us—we were not pressing him for money at that time—we said we had to meet very heavy payment?, and it was necessary that he should make a remittance—whenever he was to receive money we reminded him about the remittance—there is a letter on 29th February, which says, "You must positively remit these amounts that you have promised, as we are greatly in want of 5,0002. which we have to pay to our bankers"—that was pressing him to send money—he had promised to send it—(A letter, dated 1st March, from the prosecutors to the prisoner was here read, which contained instructions and advice to the. prisoner as to how he was to act; also a letter of 15th March, which stated that the prosecutors began to feel uneasy, having been a week without receiving any news from the prisoner, or any remittances as promised to meet their engagements; that they were at a loss to understand what had become of the goods and the promised profits, and that if he (the prisoner) wished to retain his position he must give the prosecutors the means of acting by following all their instructions.)—Immediately after that I came to London—I believe it was on 19th March—Werner had already agreed to take other premises in Milk-street—I did not take any premises myself—I did not see any landlord—the prisoner was about seeing some premises for me—they were not taken—he was speaking about them with our sanction—I don't know that there was a lease granted for seven years—I have the letter of 27th March here, from our firm to the prisoner, it says, "We have received a letter from you, and we regret to find nothing satisfactory in your explanations; if we thought you a thief, instead of being now in London you would be locked up in Newgate. You have not entered into a single transaction which has not been a bad one, and you have not gone to any of the friends to whom Mr. Tanco presented you in the town; you have placed 700,000 francs in the hands of people who are insolvent, without making any inquiry about them; but we choose to believe that it is carelessness; you cannot justify yourself in any way," &c. &c.—That was the general tone of the correspondence after that—I believe a person belonging to the firm of Booking and Co. came to our Paris house to
ask about trusting Arand—I referred them to the prisoner—I gave them I card of our London house, and said that we had done business with that name—I don't recollect exactly what was said—I have not been to see the prisoners Flatow and Lhemann since the last sessions here—I don't know whether my attorney has endeavoured to ascertain what evidence they could give—I was here last sessions—the case was adjourned that it might be seen what evidence Lhemann and Flatow could give.
MR. GIFFARD. Q. Were you in Court when the application was made to have the trial adjourned. A. Yes—I really don't know the ground of the adjournment—Lhemann and Flatow pleaded guilty, and the prisoner not guilty, and then the trial was adjourned—I did not know in January or February what credit the prisoner had given to Lhemann—I first ascertained that when the book-keeper put the books in order, on 16th March, or a few days after—the prisoner should have told us of any sales immediately after they were effected—he never got a large amount of money, and allowed a small amount of goods, as he promised in the letter of 25th February; just the reverse—after that, on 1st March, he received 1,007l. 5s. 4d from Arand, for goods sold—I don't think we had any remittances between 25th February and 1st March—the next was on 2d March, 13l. 18s. 3d., and then 970l.—he did not remit anything from the last day of February till 7th March, and then he remitted 29,000 francs—when I came to London on 9th Arand's account was about 4.000l. or 5,000l., and when I went back again it was 7,000l.—he increased it by 2,000l. while I was here—I was not at all aware of he doing so—there was no difficulty in his consulting me at that time if he wished—he did not consult me about further credit—I don't think that transaction was entered in the books at that time—they were not kept of to the dates that I saw them then—they were not in order till I came over the second time, in March, when I got a book-keeper—they were in such a mess that nobody could tell anything—it was a systematic disorder—I refer to the ledger, journal, and cash-book—since that time they have been pat in order.
MK. METCALFE . Q. You say the prisoner came over to Paris in December or the beginning of January? A. Yes—he went from Paris to Switzerland, and then to Lyons, to buy—he then returned to England at the end of January without seeing us—it was the 30th of January, I think, or the very beginning of February—there was a man named Killingworth at the office at times—he is in London—I don't know whether he is here.
MR. GIFFARD. Q. That person was employed by the prisoner himself? A. Yes—he is alive and well so far as I know—about 40,000l. worth of goods were consigned through the prisoner altogether—we have actually lost 32,000l. worth—we have managed to save about 3000l. worth, which were at Manchester—we have received about 10,000l. out of the 40,000l., perhaps not so much—the expenses of the London establishment were charged against our house—there is 90l. more for expenses, which the book-keeper cannot find out—this book will show it—there is up to May 275l. for the prisoner's wages—this is Mr. Ball's, the book-keeper's, writing—the beginning of the book is kept by the prisoner—he was there at the time Mr. Bail kept it, it was done under his eyes—I only engaged him for a few days to put the books in order, and the prisoner afterwards made an arrangement to keep him always.
COURT. Q. Do you find any entry, in the prisoner's writing, of wages showing what he took for the year? A. Yes; four entries—the 90l. comes from the cash-book, which is not here—it can be here to-morrow morning—the book I have now was kept under the prisoner's superintendence.
MR. METCALFE. Q. You mean he was the general superintendent ef the office? A. He superintended the whole business—I cannot tell that the cheque handed to me this morning is the same that I saw handed to the prisoner by Lhemann on 9th March—I did not see the amount of it at the time—the remark the prisoner made was, "That is the way he always pays me; right off"—nothing was said as to what goods that cheque was payment for, but be mentioned the amount to me, 1,0002.—I wrote him a letter on 17th June about his having been to Brandon's; I have a translation of it here—(this letter advised the prisoner never to do business with such a house as Brandon's, although it might be honourable, and that he had better be on his guard)—Brandon's bad not failed then—they failed about September for 60,000l., and that is the reason I took references, and forbad the prisoner to have any more business with them.
Tuesday, August 16th.
ALEXANDER DE VAUX . I am a hanker in King William-street, City—I do not know Lhemann or Werner—I never gave Werner any reference or recommendation to Lhemann—I never authorized any one to do so on my behalf—Werner never applied to me, or to any one in my house that I know of.
Cross-examined. Q. Is there a person of the name of Goyer in your employment? A. Yes; he has been there twelve or thirteen years—he is a man of respectability—I am told by the solicitor that he is here—I was called to the police-court to prove that no reference was given to Werner—I first saw Lhemann at the Mansion-house—I knew him by reputation before that—he was the agent of a correspondent of ours in Bordeaux, Subatez and Co., who are wine-merchants on a very extensive scale; they supply the Emperor—I heard that Lhemann was agent to them, only for a short time, and that he did very little business—I believe he became known to some persons in my establishment.
EUGENE GOYBR . I am a clerk in the service of the last witness, and have been so for nearly thirteen years—I gave a reference to Werner on behalf of Lhemann—he came to our office, And wanted some information about Lhemann—I know Lhemann; I was a friend of his—I was the chief correspondence-clerk, and had charge of the information business in the house—I told Werner that I thought Lhemann was a respectable man, and good for a small amount—Werner said, "But in our articles accounts may be quickly run up, and I should like to have the sum"—I said, "What is the present transaction?"—he said, "About 400l."—I said, "He is good to that amount"
Cross-examined. Q. How long after that did you know Lhemann? A. Up to the time he was given in charge—I was a little doubtful about the largeness of the transactions, because when in Paris I called on Messrs. Le Grand, and I heard that the amount of the transactions was certainly beyond the means—Mr. Le Grand knew I had given a reference—I don't know whether Mr. Tanco knew it—I have had transactions with Lhemann myself since giving the reference—my last transaction with him, I think, was on 8th January—some times he would call on me, and say," Can you lend me 50l. "—I lent it him, and many times without any receipt—I lent him money on several occasions, and received it back; some times with interest, and sometimes without—we were friends; he gave me what he liked, and I lent him what he liked, for interest—I had lent him money previous to December—once he owed me 160l—that was owing four weeks perhaps—he paid that long before Werner came to me—I don't think he owed me anything then
that I can recollect—he has always paid me everything I lent him—I had I very good opinion of him until just before he was given in custody, when I found out the largeness of his transactions.
MR. LEWIS. Q. Did you tell Werner he was one of the first merchants in the City of London? A. How could I say so—the smallest amount hi borrowed of me was 50l.—once he gave me 5l. for interest—we did not calculate any rate; he gave me 5l. for the loan of about 150l.—I did not tell Werner he had been in the habit of borrowing money of me—I should say 50l. is a very small sum for a merchant in a large way of business to borrow—I am aware that Lhemann has pleaded guilty to comspiracy to defraud Messrs. Le Grand, Tanco, and Co.
CHARLES RUSSELL CURLING . I am traveller for a Leeds house—I knew Arand carrying on business in Gracechurch-street—in March last he ordered some goods of me—he gave me a reference to Le Grand, Tanco, and Co., 117, Cheapside—he ordered goods to the amount of between 700l. and 800l.—I went to 117, Cheapside—I saw Mr. Copleston first, and while I was talking to him Werner came in—I asked him if he knew Arand—he said, "Yes;" that he had done business with him—I asked to what amount—he said "About 5,000l."—I asked if he had always paid him regularly—he said, "Yes—I said, "How has he paid you?"—he said, "In cash and bills"—I said, "Have the bills been met in the ordinary way?"—he said, "Yes, always"—I said, "Does he owe you anything now?"—he said, "Not a penny"—this wai somewhere about the 10th or 12th of March—I asked if he were to buy any goods of him, would he send them, and to what amount—he said, if he was to buy 3,000l. worth of goods, he should send them in without asking any further question—I once saw Lhemaun and Flatow at Arand's at the latter end of April.
Cross-examined. Q. You sent no goods at all, I believe? A. No; from information I received—I am traveller to Walker, Lloyd, and Co.
GEORGE PATCH . I was clerk to Le Grand, Tanco, and Co., of Cheapside, under the superintendance of Werner—I recollect his going to Paris is December last—Lhemann went with him—Arand and Lhemann frequently came to the office to buy goods—when Lhemann came, he went into a private office—they had some champagne sometimes, like most of the buyers did.
Cross-examined. Q. Did he always go into the private office? A. No; he came into the warehouse to buy goods—he was as frequently in the public office as the private office—I knew Flatow before that, at Brandon's, where I was then—he was book-keeper there; he was in a confidential position—I think he was there for about eight months—the prisoner had a seat at Brandon's office before he went to Bread-street; before the prosecutors had an office of their own—I believe he transacted business for Le Grand and Tanco at Brandon's—I was a clerk at Brandon's—I had been long there—no one recommended me to the prisoner; finding me in the office, he asked me to come—I do not know that Flatow introduced a person named Leo to the prisoner—I don't know whether he introduced Lhemann—I had seen Lhemann once whilst I was at Brandon's—I went there once for Leo, who was a friend of Flatow's, I believe—I don't know what it was about; I merely took a note—I believe the prisoner came direct from Paris to Brandon's—I have seen Mr. Le Grand at Brandon's, but not at the time Werner was there, I think—I believe I saw him there two or three times—he was friendly with one of the partners—Brandon's afterwards came to a smash—Flatow left the office when I did, but he went to the accountants
afterwards to make up the books—I think he left at the commencement of I September—Copleston was employed at the prosecutors' as salesman—I don't I know where he is now—an accountant, named Kellingworth came in December—the prisoner was away from the end of December till the begining of February—Copleston attended to the books during his absence—I don't remember seeing Mr. Tanco the first time he came—I was out the first I time he came; I saw him the second time he arrived—I can't recollect what I day it was—he came over two or three times—Lhemann came there once while Mr. Tanco was over; I don't know which time that was, whether the first or second time—Arand came at the same time as Lhemann.
HENRY THOMAS SMITH . I am cashier in the service of Messrs. Bevington—Mr. Pace, our warehouseman, who was examined before the Magistrate, has had to go abroad—I was present at a conversation between Werner and Mr. Pace on Monday, 8th February, I think, but I have rather gathered the date from the correspondence—I know it was on a Monday—the prisoner brought in a letter which he had received from the prosecutors at Paris, which referred to a letter that had been written by our house about some calf-skins which had been offered for sale, and asked us for any information that we might be able to give him as to the house that had offered us these goods—we said the goods were offered by a house of which we were suspicious, and we asked him if he was aware of the position of the house which had offered us the goods—he then gave us the name of the house to which he had sold the goods—I do not recollect the name; I can't say whether it was Lehmann—we offered, while he waited, to send on to a protection society office, to which we subscribe, to gain some particulars of the standing of the house lie sold the goods to, for his information—he was quite willing to wait—we sent, and the report was doubtful.
NICOLAS TANCO AMERO (re-examined.) Mr. Chandler is employed by me as my solicitor, not in this business; he had charge of the bilk which were forged—he has not interfered with the conspiracy case; I put that into the bauds of Mr. Lewis.
Charles Candy, foreign merchant, of 4, Watling-street, City; Charles Wilson, silk merchant, of tit. Paul's Churchyard; Joseph Trent, commission agent, of Manchester; Mr. Butter, of 52, Gracechurch-street, East India merchant; and Richard Chandler, solicitor, of 2, Bucklersbury, deposed to the prisoner's good duxracter.
GUILTY.—Recommended to mercy by the Jury on account of his previous character. Confined Two Years, and fined 500l. A similar sentence was paused upon Lhemann and Flatow.
MR. SHARPE conducted the Prosecution, and MR. MONTAGUS WILLIAMS the defence.
CATHERINE MATHER . I am a single woman—I live at 27, Great Wild street—previous to. 28th July I was living in the same house with the prisoners—I had a child—the female prisoner had the care of it for about four months—the father of the child was in the habit of sending me 10s. a month by Post-office order—the female prisoner was aware of that—she has received it for me, and the male prisoner also—on 27th July I received the Post-office order for 10s. as usual—on 28th I was in Clare-market with Mary Aim Green—I had not got the Post-office order then, Green had it in her pocket; she bad received it for me—we went into Princes-street—I had
my little girl at my side—the female prisoner took up the child—it began to cry to come away from her—I said to Green, "You go and fetch her away"—Green said she would have nothing at all to do with it—the female prisoner, who was the worse for drink, turned round and struck the prose-cutrix—there were seven or eight in the company—the male prisoner turned round and kicked her—Margaret Sheen's mother came and fetched the baby away—Green was on the ground, and they were beating and knocking her about—the female prisoner only slapped her in the face, it was the others that kicked and knocked her about—I left her on the ground and went for a policeman—as I was going the male prisoner turned round to me and said, "I have got the Post-office order, I have got it"—he said I might fetch a policeman, he did not care—I saw the paper he had in his hand, it was not the Post-office order, it was a bill of some things.
Cross-examined. Q. You have lived with the prisoners for some time, have you not? A. Yes; for about two months—I was convicted of robbery and sent to gaol through the prisoner's brother—during that time the female prisoner took care of the child—I had a disagreement with her and I gave her into custody on a charge of stealing two of my dresses, and other things—she was tried at the Middlesex Sessions and acquitted—I was the principal evidence against her—this scuffle in the street happened two days afterwards—I am not the prosecutor, I am only a witness—Green received the Post-office order and the letter while I was out—she brought it to me, and I gave it her back again, and she put it in her pocket—I can't say that the prisoners were present then—the prisoners were very drunk—it was not them that did it all, there were six more in their company—I can't say that they took the Post-office order—the order was afterwards found thrown into Mr. Steven's shop, where I live.
MR. SHARPE. Q. You, say the prisoners were not present when you returned the Post-office order to Green? A. No; they were down at the bottom of the street—they could not see me, nor could I see them.
MARY ANN GREEN . I am single, and live at 12, Lincoln-court—on 28th July I received from Mather a Post-office order for 10s.—she gave it me in Clare-market—the prisoners could not see it given to me—Mather and I went into Princes-street—Mrs. Sheen there caught me by the hair, and dragged me down to the ground while the men kicked me—who the men were I don't know—I saw the male prisoner there—I can't say whether he did anything to roe, there were so many of them—this was about 8 in the evening—I was thrown down—they dragged my dress off me—I felt nothing in my pocket—I had the money order when I was knocked down—I can't nay that I felt a hand in my pocket—I afterwards missed the Post-office order when I got in doors—I had bid it in my pocket shortly before I was assaulted.
WILLIAM FITZGERALD (Policeman, F 50). On the evening of 28th, between 7 and 8 o'clock, I heard a row in Bow-street—I saw the male prisoner trying to prevent Mather from coming to the station—he had a piece of paper in his right hand—Mather, on seeing me, called out that he had violently assaulted a female at the bottom of Great Wild-street, and stolen a Post-office order from her—the prisoner made use of a very bad word, and said 6he had had a child by her uncle—he had been drinking—I took him to the station, and told him he was charged with violently assaulting a female—he said he did not know anything about it, the Post-office order must have dropped out of her pocket—I searched him, but did not find anything upon him—what he had in his hand was a bill—ho said it was a cheque.
Cross-examined. Q. Have you got that piece of paper? A. No.
NOT GUILTY .
The following prisoners PLEADED GUILTY:—
746. JOHN WILLIAMS (20) , to a burglary in the dwelling house of William Wait, and stealing 1 shawl and other articles, his property, after a former conviction of felony. I—** Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
748. THOMAS SHARP (16), and WILLIAM WRIGHT (13) , to stealing 1 purse and 2s. of Mary Ann Harris, from the person, Sharpe having been before convicted.— SHARPE.— Twelve Months. WRIGHT.— Three Months , and Three Years in a Reformatory. [Pleaded guilty: See original trial image.]
749. HENRY PERRY (24) , Stealing whilst employed in the Post-office, a post letter, the property of Her Majesty's PostMaster-General.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
MR. SUUGH, for the prosecution, offered no evidence.—
NOT GUILTY .
NEW COURT.—Monday, August 15th, 1864.
Before Robert Malcolm Kerr, Esq.
MR. COLERIDGE conducted the Prosecution.
GEORGE OAKMAN . I keep the Hope and Anchor, Tottenham-lane, Hornsey—on Saturday, 9th June, about five minutes to 11, the prisoner came for a glass of ale, which came to three half-pence, and gave my wife a half-crown—she said that it was bad—he said he was not aware of it, and gave her a good florin—she laid the half-crown down and he picked it up—I told him to give it to me, or I should have him locked up—he threw it over the bar—I caught it and gave it to a policeman.
JAMES MOORE (Policeman, M 104). The prisoner was given into my custody—he said that he had picked up a sovereign in the morning—I asked him where—he said that that had nothing to do with me—he said at the station that he got the half-crown by begging—he gave his name, Thomas Jackson—he was taken before the magistrate at Highgate, and discharged—this is the half-crown (produced).
REBECCA CHARLEY . I am servant at the George and Dragon, kept by Mr. Ford—on Monday evening, 4th July, the prisoner came about 10 o'clock, and asked for a pint of beer, which came to 2d—he laid a half-crown on the counter—I took it up, and said to the prisoner, "Here is a bad half-crown "—he made no answer—my master gave him the half-crown, and he took 2d. out of his pocket and gave him—I marked the half-crown with the tester—this is it (produced).
ELIZABETH KINO . My husband keeps a beer-house at Southall—on 4th July the prisoner came in for a pot of beer, and tendered a half-crown—I put it in my teeth and found it was bad—I then cut it with a knife on one side—I gave it to a policeman, who stood close behind me—this is it (produced).
—I followed him to Mrs. King's—he went past the house first, and I went in and told Mrs. King—while I was talking to her he came in, called for a pot of beer, and put down a half-crown—I told Mrs. King to see whether it was a good one—she put it to her mouth, said that it was bad, and gave him in custody—I searched him, and found on him 3s. 31/2d. in good money—when he passed the public-house he stood against a fence, whew Mr. Cook picked up seven half-crowns afterwards.
WILLIAM WEBSTER . These two half-crowns which were uttered are bad, and among the six found, all of which are bad, there are two from the same mould as one of those uttered, and one from the same mould as the other.
GUILTY .—He was further charged with having been before convicted of uttering, in August, 1861, to which he
PLEADED GUILTY.— Five Years' Penal Servitude.
MR. COLERIDGE conducted the Prosecution, and MR. PALMER that Defence.
EDWARD BRANNAN . I am barman at the Carpenters' Arms, Kingsland-road—at the latter end of June, about half-past 9 in the evening, I served the prisoner with half a quartern of gin, which came to twopence farthing—she gave me a king's shilling—I gave her 1s. 6d. and 33/4d. change—I had cleared the till a few minutes before she came in, leaving in it three king's shillings and three sixpences—she then asked for two sixpences for a shilling and gave me a Victoria shilling—I gave her two sixpences and dropped the shilling in the till—shortly afterwards I went to the till and saw that it was counterfeit—I had put no other shilling in in the meantime, and no other person had been to the till; I was present all the time—I marked it and laid it on one side—on 12th July, between 3 and 4 o'clock in the afternoon, the prisoner came again; I recognised her instantly—she asked for a pint of half-and-half which came to twopence, and gave me a Queen's shilling, which was bad—I told her she had been there previously and passed another—she said that was a mistake—I gave her in charge with both shillings, which I marked.
Cross-examined. Q. How long have you been barman at this public-house? A. More than twelve months—there is also a potman, and the master and mistress—they do a pretty fair business—there are three compartments in the bar, and two tills—the master and mistress were not there; the potboy was—I think the silences in the till were king's also, but will not pretend to say—I have seen the prisoner before—I have not noticed her with a fruit basket—I knew her when she came in the second time—I told my master perhaps a week afterwards of the first shilling being taken—I had marked it, and put it among other bad shillings in a box behind the bar—we have not received one bad one since the prisoner has been in custody—the prisoner said that she did not know it was bad—I have seen her before.
MR. COLERIDGE. Q. Have you taken bad money before the prisoner was taken up? A. Yes; but none since—I put them into a box—I cut this one over the crown; I did not mark the others.
charge; she said that she did not know the money was bad—at the station I received sixpence and fourpence halfpenny in halfpence from the searcher, who said, in the prisoner's presence, that she took them from her—they were good.
Cross-examined. Q. Do you know that she sells fruit? A. I do not, though I have seen her in the neighbourhood.
Cross-examined. Q. Look at that sixpence; is that good? A. Yes; the shillings are from different moulds—there are thousands of counterfeit coins circulating in London.
NOT GUILTY .
MR. COLERIDGE conducted the Prosecution.
KATE CROFT . I am the daughter of James Croft, who keeps the Swan at Waltham-green—on 18th July, about a quarter to 3 o'clock, the prisoner came for a glass of ale, which came to threehalfpence; he gave me a shilling—I gave him sixpence and fourpence halfpenny change—I put the shilling in the front compartment of the till, where there was only a sixpence and a fourpenny-piece—the prisoner left, and five or ten minutes afterwards Mr. Abbott and Mr. Parry came in—I then looked at the shilling and found it was bad—there was no other there—no one else had been serving in the bar; I wad there all the time—I saw Pike bite the shilling—he went out and came back with the prisoner, and said, "Is this the man?" and I said, "Yes," and he was given in custody—I gave the shilling to Pike.
Prisoner. Q. Were there other shillings in the till? A. There was about 8s. worth of silver in another compartment—I swear to you by your hair, and by your being lame with one foot—I merely knew that you were lame with one foot.
MR. COLERIDGE. Q. Was there any other money in that compartment where you put the shilling? A. Only a sixpence and a fourpenny-piece.
FREDERICK PIKE . I am barman at the Swan Tap, Waltham-green—I remember Mr. Parry and Mr. Abbott coming into the bar—I went to the till, and in the first compartment found a shilling, a sixpence, and fourpenny-piece—Miss Croft was in the bar; she took a shilling and gave it to me—I tried it with my teeth, and found it was bad—Mr. Parry gave me a description, and I met the prisoner coming towards me—I said, "I want you"—he said, "What for?"—I said, "For passing bad money"—he said, "Me? I know I have not"—I said, "Come along with me, and you will see"—I took him to the Swan and gave him in custody with the shilling—there was some silver in another compartment of the till.
Prisoner. Q. Were you in the bar at all? A. No; I was at the till after Miss Croft left—you were walking towards the Swan when I left you.
MR. COLERIDGE. Q. Did you go to the till before you went to look for the prisoner? A. Yes.
HENRY PARRY . I am a greengrocer of Waltham-green—on 18th July I was at the corner of Water ford-road, and heard the prisoner say to two other men, "There is four for you, and five for you" giving them something wrapped in paper—they went away, and I followed them—I first went to my house, and then to Waltham-green—I passed the prisoner close to the White Hart, where he was standing for a few minutes—he afterwards crossed the road and went into the urinal at the King's Head; he stooped down, put something down, and walked out to the Swan public-house first
and then to the Swan tap—they are distinct; one is a beer shop, and the other a public-house—after he left he went into the watering-place again, stooped down in the same corner, walked out, and went towards London—I am certain he did not make water there either time—I kept the watering-place in sight; nobody else went in—I afterwards saw Mr. Abbott and told him to go there—I saw him go and take something up, and he brought across six bad shillings wrapped up in separate papers, and a piece of paper round the whole—I went to the Swan and then to the Swan tap—in conesquence of what I said the barman left the Swan tap, and I looked in the till and saw a bad shilling and some small money—I saw Abbott give the six bad shillings to the sergeant.
Prisoner. Q. You say that you heard me say, "There is four for you;" did you state any more to the Magistrate? A. On the former examination I forgot to state that you said, "And five for you"—I followed your companions, but did not see them do anything wrong—I was at the White Hart, forty feet from the urinal, and could see you put this packet there—you were in there the third of a minute—I watched you to a public-house, and a beer-shop—I was in the Swan, and saw distinctly what took place—you were the only cripple I saw in the street.
MR. COLERIDGE. Q. Have you any doubt that the conversation about the four and the five took place? A. Not the least—when he went into the urinal he put one hand right in the corner, which drew my suspicion that he was doing something, and I kept my eye on him.
Prisoner to F. PIKE. Q. Did you see another cripple in the street? A. Yes, on the other side of the way—I asked if he was your companion, and you said "I do not know what you mean"—I said that I wanted you for passing bad money, and you said, "Me; I had no such idea."
MR. COLERIDGE. Q. Which was the most lame, the prisoner or the other man? A. The other, he had a crutch.
JOHN ABBOTT . I am a baker, of Waltham-green—on 18th July, I met Mr. Parry outside the Swan, and in consequence of what he said, I went across to the watering-place at the King's Head, and in the left corner I saw a piece of dirty paper, which I kicked, and under it was a small parcel which I took over to Mr. Parry, and found six shillings wrapped up in paper—I had seen the prisoner go into the urinal, and turn round and come out—he was brought back to the Swan tap in custody—he asked what he was charged with, and was told with passing a bad shilling—he said, "Well, I know I had one, and I know where I got it;" but afterwards he said that he did not know where he had it.
Prisoner. Q. Did I state where I took it? A. Not in ray hearing—you said, "If it is a bad one, I know where I got it"—I could not see you after you entered the doorway, but Mr. Parry was in the middle of the road—I did not see you do anything wrong—I saw you searched; nothing was found on you.
MR. COLERIDGE. Q. Had Mr. Parry a better opportunity of seeing than you had? A. Yes.
JOHN SMITH . On 18th July, I met the prisoner and Pike near the Swan tap; Pike said that the prisoner had been in his house and passed a bad shilling—I took him in custody and found on him 4s. 4d.—I fetched Mr. Croft to the station, the charge was taken, and the prisoner said that it was a bad shilling, but he knew where it was taken—Mr. Pike gave me this shilling (produced).
the prisoner close to the Swan public-house—I was afterwards fetched to the Swan tap, and found him in Smith's custody, who gave me the 6s. found in the watering-place—I searched the prisoner and found 2s. 21/2d. in copper in his left waistcoat-pocket.
Prisoner. Q. Was the paper Wet? I A. No; but it was greasy.
HENRY CHUBB (Policeman, V 27). On 18th July, I was on duty at Walham green—the prisoner asked why he was detained—I told him for uttering a counterfeit shilling, having other counterfeit coin in his possession—he said, "Yes, I know; and I know where I took it"—Mr. Abbott said, "Then you knew it was bad?"—the prisoner said, "If it was bad, I know where I took it.
Prisoner's Defence. A friend of mine broke his leg, and his fellow-workmen subscribed threepence each for him; those were the men I was speaking to; I went to them to take, the money, which amounted to 6s. 6d., and. instead of my saying to them, "Here are four for you," they said it to me. I went into the watering-place, and there was a cripple there tying up A surgical bandage on his leg; I passed on and bought a herring, and on coming back went in again. I then went over to the Swan and had a glass of ale; I had the money separate, as I could not spend it. I changed one shilling for a quartern of rum, and afterwards I had a glass of ale and paid with sixpence. I was going to my dinner, and the potboy tapped me on the shoulder and said, "I want you for passing bad money." I never put the money in the watering-place, and did not go there with the intention of finding it. A man who had put it there would have seen that it was gone without stooping, and would hurry away, but I did no such thing.
GUILTY .—He was further charged with having been convicted, at this court in 1861, when he was sentenced to one year's imprisonment; to which he
PLEADED GULTY**— Five Years' Penal Servitude.
MR. COLERIDGE conducted the Prosecution.
ANN SERJEANT. My husband keeps the Angel, at Tothill-street, Westminster—on 12th July the prisoners came in; Stroud asked for a quartern of gin—I served her—one of them required hot water, and one cold—Stroud gave me a bad half-crown; I put it in the detector—Warner then said to Stroud, "He has not given you bad, has he; you have some more?"—Stroud then gave me a second half-crown, which was bad too, and then a third, which was bad too—I gave them to the officer—they did not pay for the gin.
Warner. We did not drink the gin. Witness. It was mixed in the water—I do not know whether you drank it.
SAMUEL WALKER (Policeman, A 281). The prisoners were given into my custody with these three half-crowns—I was in uniform—I told Stroud that she need not say anything unless she liked, but that what she said would be given in evidence against her—she said that she received them from a gentleman who she met once or twice a week on Westminster-bridge, who came from St. John's Wood—she afterwards said that she met him at Knights-bridge, and walked from there to Westminster with him and Warner in their company—afterwards she said, "Now, if I am going to be locked up, I will round"—both of them then burst out crying—they said that a man named Bob was in a public-house round the corner, who they got the money from—
they pointed the house out, and asked me to go there, but I did not as I knew the place, and that it would be dangerous to take two prisoners then—Warner said that Stroud told her she had been with another female the previous day and got three half-crowns—I afterwards went there to look for I him—he was known there, but he was not there—he is a thief and an aasociate—nothing was found on the prisoners.
JOHN GRANT (Policeman, B 32). I took the charge—Warner told me that Stroud had been to her house the day previous and said that she could get three half-crowns for a shilling—that to enable her to do so she pawned her boots and Warner's sister's clothes, that they got the money, and went to the public-house, got the half-crowns, and had some-gin.
Stroud statement before the Magistrate being put in, stated that Emms Bailey promised to keep her if she would go with her, as she knew a gentleman who would advance her some money while she was ill, that Bailey went in Saturday and got six half-crowns from a gentleman in the bar of the public-house, who she said lived at St. John's-wood, but whose name she did not know—that on the Monday Bailey went again and got seven-and-sixpence, but gave her none of it—that she afterwards met Warren and her sister, and went uña them to look for a room, but not being able to find them she slept with Warren, who said she did not know how to pay her rent—that she, Stroud, told Bailey she knew a gentleman at Westminster who would advance seven shillings or eight shillings for a shilling—that Bailey told her sister about it, and they went to the place and obtained seven-and-sixpence from the gentleman, and then called for a quartern of gin. Warner says, "When Stroud went into the public-house for the money I wanted to go in too, but she would not let me; she told me to stay out and be quiet; and previous to that I asked Stroud how she obtained the money, and she told me that a gentleman gave it to her whose son had disgraced her.
Stroud's Defence. I asked Warner to stay outside, and she did not know what money I received till I told her.
Warner's Defence. I did not know it was bad money until she gave it to the woman of the public-house.
NOT GUILTY .
756. EDWARD BURNS (45), PLEADED GUILTY to unlawfully personating Joseph Macey, and transferring 75l. stock; also 50l. stock; also to forging and uttering a transfer of stock, with intent to defraud; also to felony, transferring 25l. bank stock, the property of Joseph Macey.
Seven Years' Penal Servitude.
NEW COURT.—Tuesday, August 16th, 1864.
Before Robert Malcolm Kerr, Esq.
MR. POLAND conducted the Prosecution.
SARAH ANN MARTIN . On 2d July I was acting as barmaid at the Three Colts, Cambridge-road, Bethual-green, kept by my uncle—the prisoner came in about 12 o'clock, and I served him with a quartern of gin; he gave me a shilling, I gave him the change, and put it in the till; there were two or three other shillings there—he drank the gin, and left—in about ten minutes he returned, and asked for more gin—I served him with a quartern, the price was fivepence—he gave me a half-crown; I put it in the till where
there was no other, and gave him two shillings and a penny change, which I took from the till—I was the only person serving—shortly afterwards he said that I had given him a bad shilling—I did not know whether I bad or not, but I gave him a good one for it—I afterwards saw my barman with I the half-crown iu his hand—it was given to the policeman, and the bad shilling too.
HENRY FORDHAM . On 2d August I was at the Three Colts, and saw the last witness serve the prisoner, she gave him change for a half-crown; he said that he had received a bad shilling, and another was given to him—directly he left I went to the till, and found the half-crown was bad—I bent it, and gave it to Miss Martin—I went out in search of the prisoner, and found him at the Carpenters' Arms—he was given in custody.
ELIZA ORCHARD . I am landlady of the Carpenters' Arms—on 2d August, I between 1 and 2 o'clock, I served the prisoner with some beer, and he gave me a penny in payment—he then called for some tobacco, which came to a penny, and gave me a shilling; I put it in the till among the halfpence by accident, and did not mix it with other shillings—Fordham and Mr. Richardson came in five minutes afterwards, and spoke to me, and I took the shilling from the coppers, and found it was bad—I gave it to a customer who is here.
WILLIAM RICHARDSON . From something my barman said I went after the prisoner, on 2d August—I called him out of the bar, and charged him with uttering a counterfeit half-crown—I asked him to go inside, and explain. the matter—Mrs. Orchard charged him with uttering a bad shilling, and I gave him in custody; he was a little the worse for liquor, but knew perfectly well what he was about—on the way to the station he had a tussle with the constable, and threw something over the constable's head—a little boy picked it up, and I took it out of his band without losing sight of it, it was two bad half-crowns, wrapped in paper—I gave it to the policeman.
PATRICK WTNW HAT (Policeman, K 315). I took the prisoner—on the way to the station he shook his right arm, which brought a piece of paper into the palm of his hand, I saw him throw it away, and saw it picked up—two half-crowns were then given to me—I also received a half-crown from Mr. Richardson, and a shilling from Mr. Orchard.
WILLIAM WEBSTER . I am inspector of coin to Her Majesty's Mint—all the coins produced are bad—one of the two wrapped up in paper is from the same mould as the one uttered—the two shillings are also bad.
Prisoner's Defence. I picked them up, and was not aware that they were bad.
GUILTY .— Confined Two Years.
MR. GIFFARD conducted the Prosecution, MR. WILLIAMS defended Bowman, and MR. MARRIOTT defended Drage.
THOMAS BLANKS (Policeman). In November last I was on duty, and heard a noise of people quarrelling on Stamford-hill—I crossed over, and saw the three prisoners—I asked them to go quietly—it was then a quarter before 12 o'clock—Samuel Bowman said, "Who the b——y hell are you?"—I was in uniform—I told him I was a policeman, and that he would not be allowed to make that disturbance—he said, "I will knock your two. Eyes into one, you b——y sod, if you touch me"—Drage said, "That we were all a set of b——y thieves, and only joined the police to rob people"—they went
some distance higher up, and I asked them if they intended to go quietly, as they were then quarrelling among themselves—they were all drunk—Samuel said, "I am b——if I shall go before I like, and I shall make what noise I like"—upon that I took him in custody; one of the others got hold of him behind; we struggled, and all three went down together—I lost my hold of Samuel; I got up again, and tried to get hold of him again—they then got hold of me behind, and threw me down; I believe that was Drage—I do not know what happened while I was down—when I got up again I was in great pain in my left side—Dr. James, who first attended me, is dead; Mr. Woodman took my case from him—I saw Gaze holding Samuel Bowman when I got up—Lucey helped me to the station.
Cross-examined by MR. WILLIAMS. Q. Which one do you think it was that came behind you? A. Drage—I do not know that Samuel Bowman gave a person in custody for stealing some time ago—I do not know that Samuel Bowman was so much injured that for some time he was an inmate of St. Bartholomew's-hospital—I charged him with being drunk and disorderly, as I was not aware of the nature of my injuries—I have every reason to believe it was Drage that threw me down, because after the Magistrate came to take my deposition, Drage shook hands with me, and said that I was the first man he had ever hurt, and he was sorry for it.
Cross-examined by MR. MARRIOTT. Q. Did he not say, that if he had hart you, you were the first man he had ever hurt? A. No; his words were, you are the first man I ever did hurt—I assisted in taking Samuel to the station—I was not assisted there.
WILLIAM GAZE (Policeman, N 93). I was on duty in Manor-road, Stamford-hill, and heard a disturbance—I found the three prisoners drunk, and swearing and pushing one another about—Blanks, who was on the same side, said, "Now, my lads, make less noise, or you will get me into trouble"—Samuel Bowman said, "Who the b——y hell are you, you b——y pimple-eyed b—r, I will knock your two eyes into one, b—s—d, if you interfere with me"—Blanks advised him to go on quietly, and said he would not interfere with them if they did not make a noise to disturb people at that hour of the night—Drage said that we were a b——y lot of thieves, and all we joined the police for was to rob people—they all three went on for some time, and I went on to my beat—Blanks remained in a different place—after some time I heard a disturbance again, and Blanks and myself went to them, and asked them if they were going quietly—Samuel Bowman said, "I will see you b—first"—Blanks then took him in custody; he resisted violently, and the other two endeavoured to prevent his being taken—Í then went to Blanks' assistance, and in endeavouring to secure the prisoner we all fell; I lost my hold of Samuel, and he ran away some distance; I ran and caught him, and then the other two got hold of Drage as I was endeavouring to get him forward, and pushed him back, so that he should not be taken to the station—Blank got up and helped me—Lucey came up when we were on the ground, and be ran before me after the prisoners—when Wright was on the ground Alfred Bowman said, "I will kick the b——in the head"—Lucey, Wright, Blanks, and myself were able to take the prisoners to the station; they were very noisy.
Cross-examined by MR. WILLIAMS. Q. Were you not rather violent in your language? A. No—I did not catch hold of Samuel Bowman by the neck, and say, "Now you b——, I have got you"—Samuel Bowman had not, previous to this, given one of my division in custody, that I am aware of—I do not know a constable, named Stephens, of Tottenham, or that Samuel Bowman gave him in custody for stealing eggs—there were not thirty remands—I was away on social duty, but I gave my evidence a short time after—I swear I saw Alfred Bowman on the ground in the early part of the
fray—the three prisoners and Blanks and myself were on the ground together—the prisoners left Blanks, and crossed into my beat—Blanks' beat comes to the end of mine—the prisoners came into my beat, and I went on my duty after them—they were all rolling about a good deal.
Cross-examined by MR. MARRIOTT. Q. Did you see them before Blanks saw them? A. No; he and I arrived about the same time—Blanks came to me during the assault—we all joined in the struggle—Blanks tried to arrest the Bowmans—there was a general struggle, and we were thrown, and all went down in a lump—I used no more violence than was necessary to secure the prisoners—they had marks on them afterwards where they fell—Drage had a mark across the nose caused by the fall—Lucey went with Blanks and the prisoners to the station, and I went with Drage—Blanks was able to go without assistance—I do not know whether Samuel Bowman was some time in the hospital.
MR. GIFFARD. Q. Did he appear at every remand? A. He did, and made no complaint of being ill.
JOHN LUCEY (Policeman, N 380). I came up while the struggle was going on—Drage said that he would die before he would let Bowman go to the station—I saw him throw Blanks down—Blanks made no charge till he got to the station, when he said that he felt very sore on the left side.
Cross-examined by MR. WILLIAMS. Q. Was it Drage and Blanks that fell together? A. Yes; Drage fell on top of Blanks.
Cross-examined by MR. MARRIOTT. Q. At what time did you come up? A. Twenty minutes past 12—that was my time to be at the end of my beat, which is at Stamford-hill—I heard the disturbance a great way off, and found them on their feet struggling—I took no part in the struggle at that time—I was not thrown down.
JOHN WRIGHT (Policeman, N 250). I came up while the struggle was going on, and saw Drage holding Samuel Bowman—I told him to leave go; he said that he would not, and he would die before his mate should be taken to the station—I pulled him away; he struck me on the breast, caught hold of me, threw me backwards, and kicked my knee—the three prisoners were drunk.
WILLIAM ROBERT WOODMAN , M.D. On 6th January I took the case of the injured man from Mr. James, who has since died—he was handed over to me as a case that was likely to die; his ribs had been seriously broken, and there were injuries about the pleura; he was in very great danger of his life when I first saw him—he is still in a very weakly condition—I account for it by his ribs being broken—it must have been done with great violence, a kick or a direct blow.
Cross-examined by MR. MARRIOTT. Q. Could the blow be caused by a Tall? A. I imagine not, and I conferred with two medical men who saw him when he was worst.
MR. GIFFARD. Q. Could you judge with an injury of six weeks old upon him? A. Yes; from the state of the membranes of the pleura, which were very much injured, I could form an opinion that some violence had been done to that membrane, but the ribs had then united.
NOT GUILTY .
MR. GIFFARD conducted the Prosecution.
The evidence of Thomas Blanks, William Gaze, John Lucey, and John Wright, in the last case, was read over to them, to which they assented. The prisoners received good characters.
GUILTY .— Confined Twelve Months each.
MR. POLAND conducted the Prosecution.
CHARLES VAN GOOR . I keep the Dorset Arms, Whitefriars—the prisoner came in and bought a pie—after she left, I found a bad half-crown in the till, but cannot say whether I received it—two or three nights afterwards, and about a fortnight before she was given in custody, the prisoner came again, and tendered me a crown—I suspected it was bad, and told her to take it elsewhere and get it changed—I cannot say whether it was bad or not—I was alone in the bar—on 2d August she came again, but my wife attended to her then—on the Tuesday following, she came again, and I served her with a portion of a pie, which came to twopence—she gave me a bad half-crown—I said, "This is the fourth time you have been here offering bad money; where do you live?"—she said, "In Cray's-inn-road"—I said, "You take a deal of pains to come that distance to rob me," and gave her in charge with the half-crown—she said that she was an unfortunate girl, and a gentleman gave it to her.
Prisoner. You could not say whether the five-shilling piece was bad, because you did not take it out of my hand.
Witness. You gave it into my hand, and you acknowledged to the constable that it was bad.
TERESA VAN GOOR . I am the wife of the last witness—the prisoner gave me a bad half-crown for some pie and a glass of ale on the Saturday three weeks before she was given in custody—I put it in the till, and gave her the change—it was very late, and the till had been cleared—after she left, I found it was bad—it was the only half-crown there—my husband broke it in two and threw it away.
Prisoner. Q. You told the constable that it was 3 o'clock in the afternoon? A. That was on the second occasion, when you bad the same quantity of pie—a poor man standing at the counter gave you the change, and I gave you fourpence out—the man brought the half-crown back afterwards, and said that it was bad—I was not aware of it, because he took it up immediately.
GEORGE KING (City-policeman). On 2d August, the prisoner was given into my custody—she said that she was an unfortunate girl, and received the coin from a gentleman—she was searched at the station, and I saw sixpence, a penny, and a farthing produced in good money.
Prisoners Defence. The half-crown was given me by a gentleman. The good sixpence was found in a portion of my dress. I had lost it, and did not know that I had it, or I should have made use of it.
NOT GUILTY .
MR. ROWDEN conducted the Prosecution, and MR. TAYLOR defended O'BRIEN.
ISAAC BENJAMIN ELKIN . I am a merchant, of 14, Surrey-street, Strand—on the night of 19th July, I was in Endell-street, near Sharp's-gardens—there is a urinal there a little way down—I saw the prisoner standing at the corner before I went in, and as I came out, two other men rushed up to me and stopped me, and at the same moment, O'Brien put his hand at the
back of my coat and cut my watch-guard—King then took my watch and chain—the other two men put their hands before my eyes, so that I should not recognise them, but none of them struck me—my watch was in my waistcoat pocket—I have not seen it since.
Cross-examined. Q. Has your memory improved since you were at the Police-court? A. No—I knew when I was there what each man did—the men fanned me with their hands—I was quite sober—nothing was said—I called "Police!"—I can tell King, because he is a tall man—he was behind me, and I turned round and saw him—it was a very momentary glance—I was taken to the Police-court, and picked out these two prisoners—Sergeant Ackrill and the inspector were present—I did not pick out a man who they told me was a policeman in plain clothes—there were nine or ten in a room, and I was told that one of them was a policeman in plain clothes, bat I do not know him now.
King. Q. You said at the Police-court that you could not swear to me? A. Yes—I said that I was certain it was you, but that I would not swear to you.
MR. ROWDKN. Q. Was there a lamp just over the urinal? A. Yea—I have not the least doubt of the prisoner King being the man.
HENRY LAWRENCE (Policeman, F 97). On the night of 19th July, I was on duty in plain clothes in Endell-street, near the corner of Short's-gardens, and heard a cry of "Police!" "Stop thief!" at about twenty minutes to 12 o'clock—I ran up, and saw the prosecutor—I saw two men run down Short's gardens, and saw the prisoners run down Brownlow-street, across Drury-lane, into Charles-street, where I lost them—I hare known them standing about the coal-yard for the last four months—I had not seen them that evening—I have no doubt that they are two of the men who ran away from the King. At the station, when Ackrill said, "Do you know him?" you said, "No."
Witness. I said that you were the two men I followed.
WILLIAM BURGESS . I live at 23, Short's-gardens, and sweep the urinal there—on 19th July, near 12 o'clock, I was in the urinal—I saw the prisoner and two more men standing at the corner of Endell-street and Short's-gardens—the prosecutor came in, and as soon as he went out he was attacked by the four men at the corner, and his watch and chain taken from him by O'Brien—he was assisted by one who is not here, and King went behind and helped him—I heard the prosecutor call "Police" distinctly—I am sure the prisoners are the men.
King. Q. At the Police-court next morning, did you pick out a constable in private clothes? A. Yes; but he was something similar to the party who was with you.
MR. ROWDEN. Did you pick him out for one of the others? A. Yes; but I am certain of these two men—one of the others who escaped was dressed very similar to what the constable was.
WILLIAM ACKRILL (Police-sergeant, F 15). I received information of the robbery, and on the next night went out, and saw the prisoners standing at the top of the coal-yard, and heard them say, "Beef it, Ackrill is coming"—they know me pretty well in that neighbourhood—"Beef it" means, "run away"—I ran down the Coal-yard, and a man ran up against me—the prisoners went into a court, and I lost them—I went out two or three other nights; and on the 22d, about half-past 4 in the morning, I found the prisoners in bed together, at a coffee-shop in the Coal-yard—I told them I should take them for an assault, and stealing a watch from a
gentleman in Endell-street on Tuesday last—they said they knew nothing about it, and they should not come out—I said that they should, and go assistance—they said, "All right, we will go quietly with you; give us fat play"—I took them to the station, and about 9 o'clock next morning place them among nine or ten other men, and the prosecutor picked them out and Burgess also, separately.
King's Defence. I stand about Drury-lane; and because this witness happens to know me, he takes me. As for the crossing-sweeper, he is only doing it for the witness's money, for I am told that he was not there at the time.
O'BRIEN— GUILTY .— Confined Twelve Months.
KING— GUILTY .—He was further charged with having been before convicted at Westminster, in April, 1860; to which he
PLEADED GUILTY.**— Seven Years Penal Servitude. [A list of fourteen convictions was produced against King.]
The following prisoners PLEADED GUILTY:
762. THOMAS STEWART** (13), WILLLIAM SMITH (15), and THOMAS THOMPSON (13) , to burglariously breaking and entering the dwelling-house of Edward Richards, and stealing therein 5 cheeses, 5 lbs. of ham, and other articles, his property [ STEWART had been three times in prison and three years in a reformatory]— Seven Years each in Penal Servitude. [Pleaded guilty: See original trial image.]
765. JOHN WILLIAMS (24) , to burglariously breaking and entering the dwelling-house of Thomas Vallance, and stealing therein 3 coats and other articles, his property.— Confined Twelve Months; and. [Pleaded guilty: See original trial image.]
766. ALEXANDER JONES** (22) , to stealing table-forks and spoons, the property of Frederick Clemow and others, after a previous conviction.— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
OLD COURT. Wednesday, August 17th, 1864.
Before Mr. Justice Byles.
MESSRS. SLEIGH and MONTAGUE WILLIAMS conducted the Prosecution, and
MR. ORRIDGE the Defence.
ELIZA TAYLOR . I live at the Clerkenwell Workhouse, and am nurse in the Lying-in Ward there—on 16th July the prisoner came there—she came in in labour between 8 and 9 in the evening—she was confined at a quarter post 10 that same night of a male child—it was born alive—the prisoner left the workhouse on Saturday, 30th July—the child remained with her all that time from its birth—she was a very good mother, very food of her baby—she left the workhouse about 10 o'clock on the 30th as near as I can guess; I do not know whether the clock bad struck 10 or not—the baby was in a healthy state when she took it away—I have since seen the body of a child at the inquest—I only recognized it as the prisoner's child by a little bit of hair at the top of the head, the nose was so much swollen—I have seen the clothing that was found—they were the clothes that I gave the prisoner to put on the baby when she left the workhouse with the child—these are the clothes (produced).
Cross-examined. Q. You told us that during the fortnight the prisoner
was at the workhouse she behaved exceedingly kindly to the child? A. Yes, I never had a better patient; she behaved as well as a mother could to a child—I saw her writing on the Friday afternoon or evening—I did not post a letter for her; I took one down to the gate for her; I think there were two letters that I gave to a woman to post—I don't recollect whether I took down one or two—I heard her read out the lower part of the letter, in which she said she wrote for a bottle of gin, and that she had lived on the fat of the land, and she should turn her nose up at anything common when she came home—she told us what she had said—that was in the letter she wrote on the Friday.
MR. WILLIAMS. Q. Do you remember what was said about the gin? A. Yes; she said she had written for her friend to get a bottle of gin—I do not remember her saying anything about the state of her health—I do not remember anything stated in that letter with regard to the state of her health.
ELIZA SCROOBY . I did live at the Harrison's Arms public-house, Grays-inn-road, but I have since left—I was servant there in July last—on Saturday morning, 30th July, I remember seeing the prisoner come into the house; about half-past 10 o'clock, as near as I can say—I noticed that she had a parcel—I did not notice how she was carrying it, but somehow in front of her—she had it in her arms—she went into the parlour—she asked my mistress for some gin and water—I took it to her in the parlour—I did not wait while she drank it; I came away—I afterwards had to go to the parlour to clean the door, and she asked me if I would shut the door while she fastened her drawers—I shut the door and came out—I did not stay in the room—I fastened the door; I mean I shut it—there is a fastening to the door both outside and inside—I came out and shut the door after me—about five minutes after the door had been shut the prisoner came out—she went right out of the house—I did not notice whether she had the same or any parcel with her then—on my going into the parlour again I noticed some soot on the hob of the fire-place—that was not above three or four minutes after the prisoner had gone out—I had cleaned the stove that morning before she came in—in consequence of seeing the soot there I pushed open the door of the register—I saw something there—I made a communication to the potman—I did not see him take what was there.
Cross-examined. Q. When you left the room and shut her in where did you go? A. Into the kitchen—the kitchen is not many steps from the parlour; three or four steps, on the same floor; you have to turn round—she remained there about five minutes without my being there.
HENRY TALBOT . I am a porter, and live at 53, Harrison-street, Grays-inn-road—on Saturday, 30th July, about 12 o'clock at noon, I went into the Harrison's Arms to get change—the potman made a communication to me—in consequence of what he said I went to the chimney of the bar-parlour—I looked up and saw something there which had been placed up there—I pulled it down with great difficulty, it was placed up so tight—I did not open it—I brought it down—it felt quite warm in my hands, and I laid it gently on the stove—it was the body of a child—the head and shoulders and arms and part of the body was quite naked—it had nothing on it—the upper part of the body was quite naked—it was not covered with paper when I brought it down—there was no paper over the arms, shoulders, or head—there was a small piece of cotton or something of that kind which tied the two legs close up round the body or waist—it went round the middle, and was
fastened round the waist—I saw no paper, only what was in the stove—some loose paper was in the stove—it was not round the child.
Cross-examined. Q. Was the piece of calico that you describe a shift, or shirt, or anything of that kind? A. No, it was a square piece apparently; not a bandage—there was no string to it—it was tied by the comers I should imagine—the child sat in it as it were—the paper that was in the stove was paper put in there merely to fill the stove up, I think—it might have been round the body, but that I did not see.
MR. SLEIGH. Q. Was there any paper round the body when you took it down? A. No.
CHARLES HUBBARD . I am potman at the Harrison's Arms—I saw the last witness take the body of a child out of the chimney—I made a communication, and was with the policeman when he took the prisoner—I followed her into Hunter-street.
FREDERICK WHITE (Policeman, E 33). About a quarter-past 12 on the Saturday in question some persons from the Harrison's Arms spoke to me as I was on duty in Hunter-street—I accompanied the last witness until we came up with the prisoner in Hunter-street—I asked her if she had been it the Harrison's Arms—she said, "Yes"—I turned round to Hubbard and asked him in the prisoner's presence if the child was dead, and the prisoner made answer and said, "Yes, it is dead"—I took her to the police-station—on the way to the station she said she was very sorry she had done it; she wished she had taken it to the workhouse and got it buried—that was said immediately after I took her in Hunter-street—she was given in charge by Hubbard—I charged her at the station with murdering the child—I told the inspector that she had been putting a child up the chimney, and it was quite dead—she did not say anything then—when the charge was read over to her she said that she did not kill it—the body of the child was given into my possession by one of the witnesses—I did not see it afterwards examined by Mr. Paul—I saw him look at it—the prisoner was not searched in my presence—Mr. Paul searched her—I was not present when anything was taken from her.
Cross-examined. Q. How far was the place where you took her into custody from the Harrison's Arms? A. Between 300 and 400 yards—when I asked the potman if the child was dead the prisoner herself made answer that it was dead.
CATHERINE PRIOR . I am an inmate of Clerkenwell workhouse—I was lying-in there on Friday, 29th July—I was not there when the prisoner was first brought in—I remember her being there—I remember her going away on the Saturday morning—on the Friday evening before that I saw her writing—it was after tea—this is the letter I saw her writing—she read the last part of the letter to me—it was something about some gin that her friends were going to bring her; that she had lived on the fat of the land in the workhouse, and she should turn up her nose at anything common—she went by the name of Annie Bowen in the workhouse.
Cross-examined. Q. Do you know her handwriting? A. Yes, quite well—she directed a letter for me on the Saturday morning, when she wrote that letter—(Letter read: "To Mrs. Jacobs. July 29, 1864. Friday—Dear Jane, I received your letter, and I am very glad to hear the child is gone; it is better off. I am also happy to tell you that mine is gone, so as I am empty handed I shall come out to-morrow (Saturday), though I am not very well; but if mine had lived I should have stayed in another week or two, for I don't believe I shall be able to walk. I shall be obliged to ride up by the
Under-ground, so that if you are out on Sunday I hope you will call, and pray don't forget the gin, for I am in a very delicate state of health at present, and after living on the fat of the land in the workhouse for a fortnight I shall turn up my nose at anything common. Tell Charles I should have been extremely obliged to him for his kind offer, only there is a family grave dug at Colney Hatch fur my son; so, as I hope to see you soon, I shall close with my kindest love to you both, from your's truly, A. Bowen").
Q. You say that she read to you the last part of the letter that she wrote that afternoon? A. Yes—I am not sure it was the last part—she did not write any more after she read that to me—all she read to me was about the gin, and living on the fat of the land—I was in the same room with her—I slept in the next bed to her—she wrote a letter to her sister-in-law that same morning, and she directed one for me at the same time, and the one she wrote after tea she said she would post herself on the Saturday morning, and that is the letter—I saw her direct the letter she wrote—I can read and write—I asked her to direct my letter because I am not a very good writer—I had written the letter myself—I saw her direct this letter—I was sitting at the table nursing her baby—I read the address—I saw it on the table—the address was No. 11, Wellington-terrace, Wellington-road, St. John's wood—I was in the same ward with her all the day—she behaved very kindly indeed to the child.
COURT. Q. Do you remember the name of the person to whom the letter was addressed? A. Mrs. Jacobs.
MR. WILLIAMS. Q. Look at that envelope; was that how the letter was directed? A. Yes; the letter that she wrote to her sister-in-law and the one she directed for me were posted by one of the inmates of the work-house—the nurse of the ward (Taylor) said she would take them down and give them to one of the old ladies to poet—the prisoner did not give any particular reason for posting the letter to Mrs. Jacob's herself—she said they were coming to see her on Sunday—I have seen the body of the child.
JAMES THOMAS PAUL . I am a member of the Royal College of Surgeons of England—I was called to see the deceased child on Saturday, 30th July, at half-past 12 in the afternoon—it was a male child—I saw it at the police-station in Hunter-street—it was dead—the body was warm—I should say it had not been dead an hour—I made a post-mortem examination of the body on the following morning—the body was covered with soot—there were no marks of violence externally; but on removing the scalp I found extravasation of blood beneath it—there was soot on the legs—from the external appearance of the body it was a well-nourished child—I found very great congestion of the brain—I could not form any notion as to how long that congestion had existed—there was a small quantity of serum in the ventricles of the brain, about a couple of tea-spoonfuls I think—there was congestion of the lungs—the right side of the heart was full of blood—the left side was empty, or nearly so—the stomach contained a small quantity of food, probably milk—there was no smell or appearance whatever of poison of any kind—the liver was also congested—the cause of death was congestion of blood in the heart, lungs, and brain, caused by suffocation, the want of fresh air being admitted into the lungs; asphyxia—when I went into the station-house the prisoner commenced to tear up and destroy everything, and I was obliged to take the things away from her to prevent her—I did not search her—she attempted to destroy all the papers and clothes that she had got about her—there was a whole set of baby's clothes sewn on the inside of her petticoat—these are them (produced)—there was a child's
napkin wet and dirty, as if it had been recently used—I found this notice to get the child vaccinated, and this letter and envelope, it was in her pocket—she took it from her pocket and I snatched it from her hand—she was commencing to tear it.
Cross-examined. Q. You stated that the death was from suffocation, and you added, "from want of fresh air?" A. That is suffocation—I understood you by your question to question that theory—there was no mark of violence round the throat, or any compression of the lips or nostrils—I examined the mouth to see if there was any substance there to cause suffocatiou—I passed my finger down—I found nothing—there was extravasation of blood under the scalp—the prisoner was not excited when I examined her, she was very cool—she tried to tear up what she could—I do not consider that she was excited at that time—she tore them up deliberately before me—she tore up the notice of vaccination—when I saw her tearing it up I snatched it from her.
COURT. Q. Look at that torn paper and say where she would have to go to get the child vaccinated? A. To No. 5, Clerkenwell-close—the Harrison's Arms would not be between the workhouse and Clerkenwell-close.
MR. WILLIAMS. Q. Were there any marks on any part of the child's face? A. Nothing but soot—I did not notice any marks on the nose.
The prisoner's statement before the Magistrate was read as follows:—"All that I have to say is that the child was dead when I went into the Harrison's Arms. It was half-past 11 when I went in."
CHARLES RENYARD (Police inspector, E). I was present at the inquest held before Dr. Lankester on the body of the prisoner's child—I was present when the prisoner made her statement—I do not remember whether she was sworn as a witness—not being called upon to give evidence before the Coroner, I did not take particular notice of what she said—I remember her saying that she did not kill the child—I heard her say the child had been subject to pains in the night—she mentioned spasms for one thing, and that she had called the nurse several times during the time she had been in the workhouse in consequence of the spasms—she said the child was dead before she put it in the chimney.
Cross-examined. Q. Did she say what time it was that she went into the Harrison's Arms? A. Yes; about half-past 11.
COURT. Q. Did she say that the child was troubled with windy spasms, and she had often called the nurse and said she was afraid the child would choke? A. She did—she said that as she came along she heard the child choking—after she had made that statement the nurse was called.
MR. ORRIDGE to CHARLES HUBBARD. Q. Did you at once go out into the street after what the servant of the house told you? A. No; I went into the parlour and saw the child, and then I went out into the street—I think it was about three or four minutes afterwards that I found the prisoner.
COURT. Q. Did you touch the body of the child? A. Yes; it was wet and warm—I should think it was the legs that I touched—there had not been a fire in that room since I had been there—I went there about three months ago.
COURT to ELIZA TAYLOR Q. Are there more nurses than one in the ward in which the prisoner was? A. No; only myself, no others—there are other nurses in the workhouse, in other wards—the prisoner never complained to me that the child had spasms—she never complained of anything of the sort, neither did the baby have them—she never complained—I do not remember her complaining to me.
MR. ORRIDGE. Q. How many slept in the ward where she slept? A. At that time I believe there were seven—I have had two or three since she has been away.
COURT. Q. Can you remember when you last saw the child? A. When she left the ward; I saw her go, carrying the child—I am sure the child was alive then—another witness saw it as well—it was alive and well as far as I saw.
JURY. Q. Was the child dressed when you last saw it? A. Yes; she dressed it herself in the house clothes that I gave her—she washed and dressed it herself that morning.
COURT. Q. Did you see her doing it? A. Yes; by the fire—I had to go down to the doctor's and left her there.
COURT to MR. PAUL. Q. Was the napkin among the clothes that she had? A. That was found in her pocket separately—there was only one set of clothes—the child would have to be taken to be vaccinated before it was four months' old.
JURY. Q. Is it possible, in your opinion, that the child might have been smothered, either intentionally or unintentionally, without any marks of violence being on the body? A. Decidedly; the child could have been smothered intentionally or unintentionally without any marks of violence remaining.
GUILTY.—Strongly recommended to mercy by the Jury on the ground that she had been a good mother to the child up to the time of her leaving the work-house. — DEATH .
MR. LAXTON conducted the Prosecution, and MR. MONTAGUE WILLIAMS the
JOHN ROBERTSON . I am a Greengrocer, at 86, Milton-street, City—on Sunday night, 31st July, about half-past 11, I was sitting at my own door, which is about twenty yards from Sun-court, I saw a lot of people collected a few yards lower down—I stepped out into the road to see what was the matter, and saw the prisoner and deceased preparing to fight—I can't say whether that was the beginning of it, they might have been fighting before—I heard nothing said—a scuffle ensued, and in the next round the prisoner struck the deceased a tremendous blow in the face—I never saw a blow struck like it—the force of the blow sent the man to the ground immediately—he fell on the kerb or on the stones—the prisoner was in a desperate rage, and he made at least two efforts to get at the deceased while he was on the ground—I knew the deceased very well by sight—he laid on the ground some minutes, quite senseless to all appearance—he was carried off—the whole that I saw occupied about ten minutes.
Cross-examined. Q. You say it appeared to you, not as if it was the commencement of the fight, but a round in a fight? A. I should imagine there had been some altercation previously—I did not see the deceased come up and strike the prisoner.
JOHN BOLT . I am a coach plater, of 2, Broad Arrow-court, Milton-street—I was in Milton-street on 31st July, about twenty minutes to 12—there was a mob of people collected—I went over and saw the prisoner strike the deceased and knock him down—his friends picked him up and carried him away.
I was standing at the end of the court in Milton-street—the prisoner came up and was talking so me and four others for a few minutes—Coney came up the street looking rather wildish—I asked him what was the matter—he said that two or three persons at the top of the street were going to hit him—I said, "Do you know them?"—he did not answer—Collins turned round and said, "Don't you know them?"—"Yes," he says, to Collins," You know them well"—they had two or three words after that, and Coney hit Collins in the jaw—Collins returned it, and hit him with both hands—they bad hold of one another, and Collins went down first—they rolled over one another on the road—they then got up and began to hit one another again, then Collins threw Coney down—I went between them to part them as well as I could, but I could not keep them away from one another—I laid hold of Coney to keep him away—they went at it again, and Collins caught him round the hips and threw him, and the bock of his head came against the stones—he was not able to move after that—he was carried in doors.
Cross-examined. Q. It was the deceased who first struck Collins in the jaw? A. Yes; after they were parted the deceased insisted on renewing the fight—they were just alike as to that—they agreed to fight.
COURT. Q. Did you see anything more than a fair fight between them? A. All I saw was what I have told—I can't call it a fair fight, because they did not challenge one another to fight.
EDWARD DON . I am assistant to Mr. Mason—on Wednesday afternoon 3d August, I was called in to see the deceased—he complained of spitting of blood—he was quite rational and sensible—I gave him the usual remedes—I did not observe any bruises about him—in the evening he got worse, and I advised his removal to the hospital.
Cross-examined. Q. Might the spitting of blood be caused by the rupture of a vessel, from over-excitement? A. Very likely; or it might have been from the lungs.
BOWATER JOHN VERNON . I am house-surgeon at St. Bartholomew's hospital—the deceased was brought there late at night on 3d August—I attended upon him—he was quite insensible, and in convulsions—he remained insensible, with all the symptoms of inflammation of the brain until he died on the morning of the 5th; he was in convulsions the whole time—there were some large bruises upon his left cheek and round his left eye, and some bruises on the back of his head, and other bruises about various parts of his body—I examined his body after death—his brain, and the membranes of his brain, were very much inflamed, and the base of the skull on the right side was fractured—the inflammation was caused by that fracture—a severe fall on the back of the head would be the most likely thing to cause that.
Cross-examined. Q. Inflammation of the brain may also be caused by drink, may it not? A. No—I should think not in a healthy subject, or a man of his age; sudden excitement would not do it—I never heard of a case of inflammation of the brain caused by excessive drink, not inflammation of this kind.
The prisoners statement before the Magistrate:—"No more to say than he (Collins) came up and struck me, and knocked me down in the road. He laid hold of my jacket, and tore it down here, and he got his hand there, tearing my things. I threw him down. That is all I have got to say."
MARK RYAN . I am a labourer—on Monday, 1st August, the prisoner came up to me and one or two more, and said he had given a man a jolly good hiding last night, that lived in Sun-court, Milton-street, and he went
round the first thing in the morning to see if he could see him again, to give him as much more as he did last night.
GUILTY.—Strongly recommended to mercy by the Jury. — Confined One Month.
MR. COOPER conducted the Prosecution, and MR. BEST the Defence.
RICHARD LANKSTON . I am a labourer—I knew the deceased, John East—on 30th July I was waling with him down Richard's-place, Haggerstone; it is a court between six and seven feet wide, with houses on one side and a dead wall on the other—the prisoner was sitting on the pavement by the house No. 5, with a child in his lap, and his legs straight across the footway; there was room for one person to pass without touching his legs, but not for two—the deceased and I were going along side by side, and the deceased kicked against the prisoner's legs—the prisoner said something, but I don't know what—the deceased said, "Why don't you take your feet up out of the way; I did not see them"—we walked on three or four yards, I looked round and saw the prisoner coming behind East, with his right hand like this and he struck him at the side of the right ear—I am quite sure I saw that—it knocked him down; he fell with his knees and head into the wall, not flat down—the wall struck his right eye—I picked him up; he was bleeding very much from over the eye—he walked to Mr. Greenwood's with my assistance; he was not at home—I then took him to Mr. Sykes'; he was not at home and he was at last taken to St. Bartholomew's hospital—he was quite sober, and quite sensible when he was walking with me, and appeared in good health—he was about fifty years of age—he died on the Wednesday.
Cross-examined. Q. The deceased stumbled over the prisoner's legs? A. Yes—I saw no one but the prisoner and the child in the passage; I dad not see Henry Carter there, nor anyone else—I did not hear the prisoner coming up behind us, but I looked round and saw him—I don't think the deceased looked round—we were walking, not running—I am quite sure I saw the blow struck.
BOWATER JOHN VERNON . I am house-surgeon at St. Bartholomew's hospital—the deceased was brought there on 30th July; he walked in with the last witness—the was quite sensible—he was bleeding very much from some wound on the right side of his forehead—he was admitted into the hospital—he made a statement to me—erysipelas came on on the Monday, and he died on the 3d August—he complained to me of the back of his head, just behind the right ear—when I made the post-mortem examination I looked at that part, but I discovered no marks of injury—his face and head were so swollen with the erysipelas that I could not have done so—there was nothing internally; there was no injury to the brain—there was a small wound just over the right eyebrow, and above it the skin of the forehead was torn away from the scalp, and hung down over his eye—I could not say from which the erysipelas sprang; they were both inflicted at the same time—I imagine that his head was struck with some blunt instrument, and then the skin of the forehead was torn down—the whole of the skin was torn—a blow or a fall against a wall would produce such injuries.
Witness for the Defence.
CAROLINE MELTON. I live at 2, Richard's place, Haggerstone—on Saturday, 30th July last, I saw the prisoner at the bottom of the entry there, sitting with a baby in his lap—I was against No. 7, and he was at No.5—I saw
the two men come along; the tallest one kicked Ned Fowle—he said, "What are you doing?" and he turned back and kicked him again—he was then going along, and Fowle got up and wanted to bit him as he turned round and fell against the wall—I saw no blow struck.
Cross-examined. Q. Did the man fall down very quickly? A. Yes, all in a moment—I saw him hit his head against the wall—I saw him bleeding when he got up.
HENRY CARTER . I am a plasterer at Haggerstone—on Saturday, 30th July, I was in Richard's-place, I saw the prisoner there sitting on the pavement, with his back against the door-post, nursing a child—I saw the deceased come up—he kicked the prisoner's legs—the prisoner said, "Holloa, governor, what are you doing of, what are you kicking me for?"—the deceased, who was walking away, turned round again and deliberately kicked his legs, saying," Take your b——forks (or stocks) out of the way"—I went to the door as soon as the prisoner put the child out of his arms, and I saw the deceased in the act of turning round, as if he had locked his legs, trying to extricate himself, and he fell against the wall—he appeared to right himself, and walked deliberately up to the house where the prisoner had been sitting—I saw no blood till he came opposite the door—I saw no blow struck by the prisoner.
Cross-examined. Q. Did you ever before see a man fall down by twisting his own legs? A. No; I saw the prisoner put the child out of his arms and go towards the deceased—I was standing against the door where the prisoner started from, No. 5—I don't know that I ever fell by twisting my legs together; I have seen other persons do so.
COURT to MR. VERNON. Q. When did the erysipelas come on? A. On the second day; it began at the wound, and extended over the head and neck—it may come on sometimes without a wound; there was no evidence of any injury at the back of the head where he complained of pain.
NOT GUILTY .
MR. LANGPORD conducted the Prosecution.
ANN TUHY . I am the wife of James Tuhy, of 168, Brick-lane, and am the mother of the deceased child, George William Tuhy—he was not quite four years old—on Monday, 11th July, about half-past 5 o'clock, I sent him downstairs, with a slice of bread and butter, to sit at the step of the door—I sent his brother, seven years old, with him—in about two seconds I heard screams—I went into the street, and saw my child in Mrs. Myers' arms, wounded—I took it to Mr. Gayton's, the surgeon's, and it died there in my arms in about five or six minutes.
WILLIAM GAYTON . I am a surgeon, at 85, Brick-lane—on the evening of Monday, 11th July, about half-past 5, some one brought the child to my surgery; it was in a state of coma—it had been run over at the spine, and there was likewise concussion of the brain—it died within ten minutes, from the injuries; they might have been caused by the wheel of a cart passing over it.
HENRY MONK . I live at 27, Tent-street, Bethnal-green—on Monday evening, 11th July, about half-past 5, I was in Brick-lane, and saw a cart coming along the road—just after I had passed it I heard a scream, looked round, and saw a child in the act of being knocked down by the horse, and the wheel of the cart went over it; the prisoner was driving the cart—it had a cask of sugar, a chest of tea, and other goods in it—I did not see the
cart till after the child was knocked down, and can't say at what pace it was going—the prisoner sat on the fore part of the cart, the" fore-ladder," I believe it is called—I saw a lady pick up the child.
RACHEL MYERS . I am the wife of Benjamin Myers, and live at 43, Huntingdon-street, Kingsland-road—on Monday evening, 11th July, about half-past 5, I was coming through Brick-lane; I saw two little children; one had stepped off the kerb, the other had not—I saw a cart coming along very fast—I screamed—the driver took no notice; it was the prisoner—the horse knocked the child down, and the wheel of the cart went direct over it—I went and picked up the child, and gave it to its mother.
Prisoner. I ran up to the woman and said I was very sorry for it.
Witness. He did not.
JOHN GILL . I live at 28, Thomas-street, Bethnal-green—on 11th July, about half-past 5, I was in Brick-lane, and saw the prisoner whacking his horse with the handle of an old whip—when I got to the Two Brewers public-house, I saw the horse knock the child down and run over it—Mrs. Myers picked it up—I should think he was going at the rate of eight or nine miles an hour—he was sitting on the copes of the cart, not inside it—it was loaded—the copes project over the shafts, over the horse's back—he was sitting on one side—I saw the child before it was ran over; it just stepped off the pavement into the road—the big one left it and ran back, and the other ran on and was knocked down—I heard Mrs. Myers scream out before it was run over, and so did I—I don't think the prisoner had strength to pull up—both the children appeared frightened—the prisoner pulled up about thirty or forty yards from the place.
Prisoner. The horse was over twenty years old, and could not go more than four or five miles an hour.
Witness. It was a horse big enough for a town-cart, about fourteen hands high, I said, but the Coroner said it was not—there was no thong to the prisoner's whip—he was not hitting the horse when he ran over the child; that was before—I did not see anybody with him—after the cart was stopped a young chap like a carman came up, and said there were some of his goods in the cart—I should say the prisoner was not able to manage the horse—he had not strength to pull up—I am a painter and decorator—I have lived with persons that kept horses, and have ridden behind them—I know whether a horse is going fast or slow—this was going much faster than cabs go.
HENRY BROWN . I live at 87, Brick-lane—on Monday evening, 11th July, about half-past 5, I was looking out of my window, and saw the cart driven by the prisoner coming down Brick-lane—he was going very fast; as near as I can say, about nine miles an hour—he was sitting on this front of the cart, and beating the horse with a whip-handle—I saw the child when the woman screamed—I did not see it leave its own door—the prisoner was going very fast—if he had been a man instead of a boy, I think it quite possible that he might have pulled up—there were one or two boxes in the cart—it is a straight road.
WILLIAM FLAHEY . I live at 167, Brick-lane—I did not see the child run over—I came out on hearing the screams, and went after the prisoner—I told him he ought to know better than to run over the child—he said they could do nothing with him, he was driving for the rail.
Prisoner's Defence. I was going with a few things to the Eastern Counties railway. I was sitting on the side of the cart; I was in a hurry—it was behind time—to get to the Eastern Counties railway; if you don't get there a little before 6 the gates are shut. I was trying to get my goods in as
quick as possible—the rate the horse was going was about three or four miles an hour. The child ran all of a sudden underneath the cart. I heard the people scream, and I jumped off the cart and ran to the woman that had the child in her arms, and said I was very sorry for doing it. I have been driving a good many years, and it is the first accident I ever had. I hope you will forgive me this time, and I will be very careful for the future. My master can give me a character.
The prisoner's master gave him a good character.
NOT GUILTY .
NEW COURT.—Wednesday, August 17th, 1864.
Before Mr. Common Serjeant.
MR. ROWDEN Conducted the Prosecution and MR. PATER the Defence.
WILLIAM DAVIS . I am a conductor, in the service of the London General Omnibus Company—on 29th June, about fifteen minutes past 11 at night, I was standing by my omnibus, which was standing still in Sloane-square, and was going to make a memorandum—I had a strap over my shoulder, and a bag containing about twenty-nine shillings, the property of the company—I was just going to put the pencil to my book when the prisoner, who I had never seen before, came in front of me and said, "You b—"—I looked up, and he gave me a bump on the nose—I told him to go away, and another person came up with a flannel-jacket on, and three or four others with him—I went backwards with the first blow, and the man in the flanneljacket said, "If you do not leave him alone, I will give you a b——crack in the eye"—the prisoner then gave me a second blow—it did not knock me down, but I was dragged into the road and knocked down by the prisoner and the others, and the prisoner kicked me three or four times in the face when I was down—when I got up my bag and money was gone, and they had all decamped—my coachman found a hat, and I went over to the pump to wash my face—the prisoner came back to look for his cap a quarter of an hour afterwards, and I pointed him out to the police.
Cross-examined. Q. Before you received the blow had you seen the prisoner on the kerb? A. No, I had not pulled up three minutes—I did not push the prisoner before he struck me, but when he came up the second time, I knocked him in the eye, and sent him by the side of the bus—I dare say I am the more powerful man of the two—when he came from under the bus again, I did not hit him again—no one interfered in consequence of the maltreatment he was suffering, but one of his companions said that if I did not leave him alone, he would give me a b——smash on the eye—the prisoner then ran at me again and struck me, and I hit him again—there were ten or twelve people round—it was at the Star and Garter—the strap of my bag was under ray coat, which was buttoned at the top—I am certain I had the bag on, because I had just put a passenger's fare into it.
MR. ROWDEN. Q. Had you pushed the prisoner before he struck you? A. No; the strap must have been cut, and then the bag would drop—I looked about, but could not find it.
HENRY FAULKENER . I was the driver of this omnibus—I saw an altercation as I got down, and saw the prisoner, and others, as I turned the omnibus round—it is usual for me to get down there—I saw the prisoner kick the conductor most brutally—there were three others besides him—I found I
could not assist him in any shape or form as three ruffians were kicking him most brutally while he was on his back in the road—the prisoner was one of them—I shouted "Police!" as loud as I could, and the prisoner knocked me on the jaw, and knocked me down on my back—he and others kicked me, and his cap fell off as I raised my hand to save my face from the kick—I put it in my pocket, and they all ran away.
Cross-examined. Q. Did you see the commencement of it? A. No; I did not see the prisoner pushed by anybody—there were four persons at the door as I turned the omnibus round—I saw the prisoner the first time previous to his striking the conductor—he was on the kerb—one of his companions pushed him after I got to the back of the omnibus, but that was done to cause the row—I saw my mate hit the prisoner on the eye, and throw him under the bus—that was after the prisoner struck him.
THOMAS WILLIAM TYLER (Policeman V 351). I saw the prosecutor with his face covered with blood—while I was talking to him the prisoner came up with another man, and walked towards the Star and Garter—the driver pointed him out to me—he could see that done as he was standing directly under the lamp—he ran away, and the other man too—I followed him, and caught him—he had no cap—I told him the charge—he said that he knew he was there, but knew nothing about the money.
GEORGE GODDARD . I was sitting in the omnibus, and saw the beginning of this occurrence—before the prisoner struck the prosecutor the prosecutor had not struck or pushed him in any way, but was making some memorandums in his book, and had a bag round him—I was going to Islington.
Cross-examined. Q. Did you see anybody push the prisoner I A. Well, there was a general rush, and there were three or four roughs—I saw the conductor and the prisoner fighting, but did not see anybody push the prisoner into the road before the fight.
MR. ROWDEN. Q. If they had done so, should you have seen it? A. most probably. The omnibus company's registration deed was put in.
The prisoner's statement before the Magistrate was read as follows:—"I wish to say I am innocent of the money; there were two or three other people besides me, and this man told me this morning he had caught them."
— GUILTY —He was further charged with a previous conviction at Clerkenwell in September, 1862; to which he
PLEADED GUILTY. **— Confined Two Years.
MR. RIBTON, for the prosecution, offered no evidence.
— NOT GUILTY .
MR. RIBTON, for the prosecution, offered no evidence.
— NOT GUILTY .
MR. KEMP conducted the Prosecution, and MR. F. H. LEWIS the Defence.
JACOB ALEXANDER ALEXANDER . I am an agent, carrying on business at 60, Wood-street—among other persons, I am an agent for Hicks and Son, of Birmingham—in consequence of a communication from them I sent for the prisoner, with a view to his purchasing certain goods in which I dealt—he gave me an order amounting to about 60l. and I asked him for references—he gave me the names of two, and was to come for an answer on the
following Tuesday—he came on the Monday, and asked me if I had inquired of his references—I told him I had not—he then said, "The trays I have bought, I do not consider cheap"—I said, "Very well; there is no necessity for your having them; I hold your bill for 12l. 16s. 9d."—conversation took place about the trays, and while I was tying up some parcels I heard the glass-case at the back of the shop close—it contained whips—he had no right to go there—I turned round, and saw the case partially closed—I went up to the prisoner, and saw a whip inside his waistcoat, going down his trousers—I could just see the thong pointing out under his chin—it was worth 14s. 6d.—I said, "I do not wish to do business with such people as you; what do you do with this whip?"—he said, "You do not mean to accuse me of stealing it?"—I said, "It seems very much like it, you having it under your waistcoat"—he made no answer, but endeavoured to take it out of my hand—I sent for a constable, and gave him in custody.
Cross-examined. Q. Were you not rather excited? A. Not in the slightest—I was excited two mornings before—I have been subject to fits, but have not had one for some time.
Q. Did you tell the prisoner on the Friday that you were nervous and agitated because you were going to be married, and pour Eau-de-Cologne on your head? A. Not because I was going to be married—I did pour Eau-de-Cologne on my head, and say that I was distracted—the prisoner spoke to me on Friday about buying whips, and on Monday also—he spoke to me about it as he passed up towards the case—I did not see him put the whip down his trousers—he had a parcel in each hand when I went up to him—he was not coming towards me—I went to him at the case—he had a tray under his arm, and a pattern-book in his hand—he said when I charged him before the policeman," I did not steal it; I had it under my coat"—I drew it right out from under his waistcoat—it was in the middle—it was a white waistcoat, not quite so high as he has now.
JOSEPH WATSON (City-policeman, 130). The prisoner was given into my custody—I took him to the station, and found on him 4s. 9d., a knife, two keys, a small tray, two patterns, a rule, and six thimbles—when the charge was read over to him, he said, "I had it under my arm, or it might have been under my coat, as my coat was unbuttoned."
The prisoner received a good character.
NOT GUILTY .
CHARLES GEORGE PRICE . I am a biscuit-baker, of 11, Philip-street, St. George's-in-the-East—on the night between 4th and 5th July, about ten minutes past 12 o'clock, I went with Mr. Bell to Mr. Jacobs' shop, 2, Cross-street, Back-road—he sells fish, and taters, and ginger-beer—the prisoner was there with Mr. Toller—I saw a woman there, Mrs. Hamilton—she bought some fish—the prisoner said to her," I will buy you some fish, and put his arms round her neck—she said, "Do not interfere with me; I am a married woman"—she abused him, and used foul-mouthed language to him—she fetched her husband, who said, "Did you insult my wife?"—he said, "No"—Mr. Hamilton told him to stand on one side, and went to Mr. Toller—I then saw a scuffle outside the shop, and the prisoner walked behind Mr. Hamilton, and made a dig at his eye—he struck him in the eye, and I saw
blood run down his cheek, but did not see what it was done with—the prisoner ran away—I went to stop him, and he stabbed me in the leg, and in the middle of the arm—I was unable to walk, and was taken to the hospital.
Cross-examined. Q. Is Mrs. Hamilton here? A. Not that I know of—she did not use foul language—it was Mr. Voller used foul-mouthed language to her—the prisoner did not touch her, nor did I touch him—I have not seen the knife since—the handle of it was brass; it was a glazier's knife—I was not drunk ; I only drink ginger-beer—I was so weak I could not go to work, and my master has given me the sack—I had been with him three years and a half.
CHARLES HAMILTON . I am a labourer at Back-road, St. George's-in-theEast—on 4th July my wife fetched me out of bed, and I went down, and saw the prosecutor and prisoner together—the prisoner said, "I have not insulted your wife"—I said, "Nobody said you had"—he struck me on the eye, and it bled—I went to Voller, and turned, and saw the prisoner struggling with Price, who fell down in the road, and said, "I am stabbed." ISAAC PAWSEY (Policeman, K 485). I was on duty in Cross-street between 12 and 1 o'clock, heard a disturbance, went to the spot, and found the prisoner and Hamilton and another man scuffing together—I separated them, turned round, and saw the prisoner strike at Price, who fell to the ground—the prisoner then ran—I ran after him—he got over some palings at the bottom of Johnson-street, and tore half of his coat off by some spikes—I took him behind the palings—he was perfectly sober, and so was Hamilton; but Mrs. Hamilton was not.
NATHANIEL HUCKFORD . I am house-surgeon at the London Hospital—the prosecutor was brought there with a wound on his left thigh between three and four inches long—it was a stab, cutting through the muscles, and reaching almost to the bone—it was a most severe wound, but from its position not dangerous to life to a healthy person—it did not wound any of the great vessels.
GUILTY of unlawfully wounding ,— Confined Four Months.
MR. THOMPSON conducted the Prosecution, and MR. COOPER defended Brooks.
CHARLES WILSON . I am a constable of the East and West India Dock Company—on 7th July, Furniss came to the west end of the South Dock, and asked me whether the chief officers would pass about 2 owt. of old rope—I said, "Yes; provided you get it signed at the police-office"—I did not see Brooks at that time.
THOMAS WARE . I am a carman of 7, Commodore-court, Poplar, and ply for hire outside the East and West India Docks—on 8th July, about 11 in, morning, I was outside the docks, and Furniss and a man named Watson, who is not here, came to me—Furniss said, "I shall have a little job for you in the course of an hour or so," and at half-past 1 or 2 o'clock they came to me again, and told me to bring the cart—Watson got up into it, Furniss walked on a-head, and I drove into the docks at the north end, alongside No. 2 shed, where I found Brooks—Watson said, "Back the cart, and I will put it in"—there was some rope lying there, with a full sack lying on it, which did not cover it—Watson and Brooks gave me the rope to put into the cart, and Watson told me to put the sack under the shakings—when the cart
was loaded we drove to the police-office—Brooks went inside, and I stopped outside with the cart—he told me to bring the cart inside the principal gates, and shoot it out, which I did, all but the sack, which I took home by mistake, as it was empty, and Furniss' little girl came to my mother's for it on the Sunday.
Cross-examined. Q. When Brooks called you in, were you alone? A. Yes—a policeman was just inside—I knew Brooks—the policeman saw me turn the whole of the rope out by Brooks' order—Brooks waited near the policeman—he then went away—the policeman let him go—the policeman called Brooks, and Brooks called me.
THOMAS GILLINGS . I am a constable and clerk in the police office in the docks—on 8th July, about half-past 1 o'clock, Brooks came to me, and this order was produced," Please to pass bearer with about 5 owt. old rope, from the schooner, Planet; G. H. Derel, master"—I said that I had not the name of the captain on the licence, and said to Brooks," What quantity have you?—he said, "3 owt."—I said, "The pass is for 5 owt"—he made no answer—I told him to let me see the rope, and bring it up—I looked at it, and from the pass and the rope, and some information I had, I suspected that it was not correct—it is usual to have rope brought up before I sign a pass—I told Brooks that it was not satisfactory, he must leave the rope, and fetch the captain—he said that it was no use going, as the captain was not on board—next day, Saturday, about 11 in the morning, Brooks come again, and said, "Mind that rope does not belong to me; James Furniss gave me the pass, and asked me to buy the rope"—I said, "What do you come to me for?"—he said, "I have come here to clear myself; I will have no more to do with you"—no charge had been made against him then—he went away—I saw him about 10 o'clock that night in Wade-street, Poplar, and said, "You must go with me to Mr. Liddell," another constable, which he did, and from there he was taken to the station-house.
Cross-examined. Q. Do you know him? A. I have known him a long time as a marine-store dealer—I know nothing against him—he brought the rope directly—it is usual to bring it up to my gate.
MARK ANTHONY LIDDELL . I am a constable of the East and West India Docks—on Friday morning about 11 o'clock, I saw the rope lying at No. 2 shed, Export Dock, with a sack on it, containing something—it had no business there unless it had been placed there for some ship's convenience close by, and then it would hardly be placed in the position it was—in consequence of that I gave information at the police-office—Gilling brought Brooks to me on Saturday, and I took him in custody.
Cross-examined. Q. I believe you have known Brooks many years? A. Yes; he has borne a good character—I always looked upon him as a fair dealer.
CHARLES WILLIAM DAY . I am a metal and spelter merchant, and the owner of the schooner Planet—I appointed George Henry Derel as master, on 8th July, about 10 o'clock—I have seen the rope; it does not belong to the Planet or to me—Furniss came to me on Saturday at 10 o'clock, and asked me to have the rope taken on board the Planet again—I said that it never came from the Planet, and I knew nothing about it, and did not want to; that he had already got the captain into trouble, and I did not mean that he should get me into trouble.
Cross-examined. Q. I believe you have known Brooks some years? A. Yes; I have known both the prisoners, but know nothing wrong against either of them.
JOHN GROSSED (Policeman, K, 339). I took Furniss on Sunday morning 10th July—he said going to the station," I only gave the man the pass," he did not say what man—I had said nothing to him about the pass.
Furniss's Defence. A man, who is not here, named Yankee Tom, asked me if I would purchase any old rope; I told him I had no money. Brooks said that he would buy it if he could get 2s. or 3s. by it I got the pass, and they told him to fetch the rope, which he did; this man is as innocent of it as I am.
NOT GUILTY .
MR. BEST conducted the Prosecution. JAMES HANNA (City-policeman, 94). On 15th July, at a little after 10 o'clock, I was with Legg in New Bridge-street, Blackfriars, and saw the prisoner and another man and a woman go into a public-house in Bride-lane—they stayed there three-quarters of an hour, came out, and went to Shoemaker-row, into a public-house at the corner of Cobb's-court—the prisoner end the female left there and went into Church Entry, the other man remained in the public-house—they returned to the same public-house, and stopped till 12 o'clock, when the house was closed, when they all three left and went down Church Entry and up Finnis-court to the rear of Mr. Brankston's premises—I spoke to Legg and followed them—I saw the prisoner standing about halfway up the court, and the female in front of him extending her dress with her hands—another female then went up the court, and the prisoner and the first female walked down to where Legg and I were standing followed by the other man—I was in plain clothes—I took the prisoner by the collar and said, "What have you been up the court for?"—he said, "I have not"—I said, "I am a police-officer, and shall take you in custody for being there for an unlawful purpose"—he was very violent and struggled very much—he put his hand to his coat pocket and I heard something drop almost close to my feet on the pavement—I said, "You have dropped something"—he said, "I have not"—he took this gimblet from his pocket and struck at me three or four times with it, but did not strike me—Legg came and assisted me, and the prisoner struck him with it—after going to the station I went back and found this jemmy, bent as it is now, it answers the purpose both of a jemmy and a screw-driver—I have since been to Brankston's premises and seen an iron door about two feet square, in the wall, fastened on two binges; the top hinge had been wrenched off, and thrown up; you could lift it down and get into the premises—it could have been opened by this instrument; there was an exact impression of it on the brick-work—he refused his address.
Prisoner. Q. Did you see me try to force open that iron door? A. No; but I saw you close by it.
GEORGE LEGG (City-policeman). I was with Hann, and have heard his evidence; it is correct—the man who got away knocked me down, and the prisoner stabbed me in two places with the gimblet on my hand; he aimed at my eye—I took him to the station and found on him a clasp-knife, the handle of a keyhole saw, and some quiet matches—he was close against the iron-door, when I saw him; a man and a woman were with him.
STEPHEN MONK . I am an engineer of 6, Hercules-terrace, Westminster-road, and am in the employ of Thomas Brankston, tobacco merchant of Church Entry—I fastened this door on 15th July at 7 in the evening and found it forced at the top hinge at 8 next morning—if a person opens that
door, he can get into the house and factory—Mr. Chidley sleeps there—it is in the parish of St. Ann's, Blackfriars.
Prisoner's Defence. The young man who is not in custody asked me to have some drink. I do not know his name; we went into the public-house. He said that he was going to the Blue Last as his wife was to be there. I waited till 11 o'clock, but could not see him—I went down Water-lane and saw the man not in custody, and I believe these two policemen were talking to him at the corner of Shoemaker-row. He came to me and I asked him who they were; he said, "Two friends of mine." We went to the Blue Last and stopped till it closed, and then the two detectives turned and laid hold of me; the other man just gave the officer a slight push, and he went backwards against the wall, and never called "Stop thief!" or "Run after him." I never struck him at all; what they say is an untruth. In the morning this man said, "I know you have been transported; you may as well tell us; it will put 1l or 2l. in my way, and we will have a pint of beer." I said, "If you think I have been transported you must find that out."
GUILTY of the attempt.
MR. BEST conducted the Prosecution.
The evidence of JAMES HANN and GEORGE LEGG was read over to them, to which they assented.
GUILTY .—He was further charged with having been before convicted in September, 1857, when he was sentenced to Six Years' Penal Servitude; to which he
PLEADED GUILTY.— Ten Years' Penal Servitude.
MR. DALEY conducted the Prosecution.
BENJAMIN CLUFF . I am an elastic web manufacturer of Providence-lane, Victoria-park—on 23d. June about 4 o'clock in the afternoon, the prisoner came and brought this order (produced)—he said that he had brought this order from Mr. Napper—I packed up the goods, and told him I was going that way, and he might as well ride in the cart with me to Mr. Nappers—we went, and in the prisoner's presence, I asked the foreman if he had sent for the goods—he said, "No," and that he knew nothing about it—they were worth 9l—the prisoner said that he had been sent from there—I gave him in custody.
Cross-examined. Q. Did he go with you readily? A. Yes. BENJAMIN NAPPER. I am a leather-seller of 240, Whitechapel-road—I do not know the prisoner, and never gave him authority to go to the prosecutor with an order—I never gave it to him or authorised any one to do so—I do not know the writing.
Cross-examined. Q. Does anybody else give orders? A. Only I sign them.
ROBERT CARSON . I was a policeman, but have left the force—the prisoner was given into my custody on 23d June, charged with uttering a forged order—he said, "I met a man in Whitechapel-road, who asked me if I wanted a job, I said, 'Yes,' and he gave me 2s. to bring the order to Mr. Cluff's house."
NOT GUILTY .
The following prisoners PLEADED GUILTY.—
780. JOHN HARRIS (22) , to stealing 2 machine cranks and 16 envelope cutters, also 50 lbs. of lead, and other articles, the property of Mark Eagles Marsden and another, his masters.— To enter into his own recognizance to appear and receive, judgment when called upon. — [Pleaded guilty: See original trial image.]
782. JOHN ATKINSON** (21) , to stealing a seal and part of a watch chain, the property of Louis Seigerberg, from his person, also to unlawfully taking hold of a watch, the property of Louis Seigerberg, and attempting to steal it— Five Year's Penal Servitude. [Pleaded guilty: See original trial image.]
THIRD COURT—Wednesday, August 17th, 1864.
Before Robert Malcolm Kerr, Esq.
MR. ABRAM conducted the Prosecution. HENRY BUSBY. I keep the Grapes Public-house, Earl-street, Seven Dials—about 3 o'clock, on the afternoon of 6th of this month, the prisoner came into my house—there was a woman drinking in front of the bar, and he laid hold of her pot of beer and drank out of it—the woman came up to my wife and complained—the prisoner was about to spit in the woman's face, and struck her, and I turned him out—as I was turning him out he said to my wife," You b—b—h, I will do for you"—when I got him outside the door he pushed it a little way open and spat in my face, and said, "You b—I will do for you, and all the b—house"—about twenty minutes to 12 he came back again in front of the bar, and wanted to kick up a quarrel, which I prevented him doing by turning him out again—he then said, "You b——, I will do for you before long, and all the b—house"—he went away, returned in about ten minutes with a ginger-beer bottle, with which I received a blow on the nose—I did not see who threw it—I should have fallen, but I was caught by some one there—I was afterwards taken to the Charing Cross Hospital, where I have been attended by the doctor ever since—I lost very nearly three quarts of blood.
Prisoner. I was up all Friday night—I got a drop of drink too much—the beer I drank belonged to a friend of mine, and I never had a word with this man till he gave me this black eye, and turned me out.
Witness. He was not drunk—he was as sober as he is now—he had had nothing to drink in my house.
EDWARD CHAPMAN . I am potman to Mr. Busby—on Saturday night, about a quarter before 12, I was closing the house, the prisoner was outside—he said to my master," I will do for you, the house and all,"—the door was partly open, and I saw him put his hand behind him, and throw a bottle across my left shoulder—it caught my master on the nose—he was between three and four yards from him, I think—the bottle was afterwards picked up and given to the constable.
ARTHUR LANGLEY . I am barman to the Grapes Public-house—on this Saturday night I assisted in putting the prisoner out of the house—I saw the bottle strike Mr. Busby—I did not see who threw it, but I saw the prisoner standing at the door at the time it was done—he threatened to do for both Mr. and Mrs. Busby—this is the bottle (produced)—I got it from the bar—it was broken over Mr. Busby's nose.
door with his left hand, and he threw a bottle into the house with his right—this bottle was given to me by the last witness—I took the prisoner into custody.
ALLEN FENNING . I am house surgeon at Charing-cross Hospital—at 12 o'clock on this Saturday night, the prosecutor was brought there—he was suffering from a severe fracture of one of the bones of the nose—it was a confused wound—it might have been inflicted by a bottle like this, or a pot—it was a severe wound—I have been attending him ever since—he is not perfectly well now—he will be some week or two before he is.
GUILTY .— Confined Twelve Months.
MR. COOPER conducted the Prosecution, and MR. RIBTON the Defence. WILLIAM DAVIS. I am a lamp maker, at 17, Wells-street, Oxford-street—on 29th June I bought a horse at Romford-market for 6l.—I entrusted the prisoner with it, to take to Wells-street to the Tiger public-house—I told him I would meet him there at half-past nine—I was there at that time with a friend named Smith, and I waited there for the prisoner till 3 in the morning—he did not come—on 1st July, about 7 in the evening, from information I received, I went to a stable belonging to Mr. Lund, at Jubilee-street, Mile-end, and there saw my horse—I left it there then—the same evening I saw the prisoner in Three Colt-lane, and gave him into custody.
Cross-examined. Q. Is the horse alive now? A. Yes; I think the prisoner was aware that I had given 6l. for it—I think he was there when I made the bargain—I did not tell him I was afraid it was not worth more than 2l.—nothing was said about my taking 8l. for it, so as to make a profit of 2l.—Smith was there at the time—he did not say so to my knowledge—I swear that was not said either by me or Smith—I have known Smith about four or five months—I knew him to be a horse dealer—he purchased the horse for me—I found that the horse had been lamed—they had driven a nail into his foot—I believe it was taken the next day to the farriers to have a shoe on.
THOMAS VILLIERS (Policeman, K 397). The prisoner was given into my custody by the prosecutor for horse-stealing—he said, "Very well, I will go"—I saw the horse in the stable at Stepney—it was afterwards given up to the prosecutor—it was taken to the police-court and identified.
GEORGE LUND . I am a cab proprietor, and live at 5, Leslie-street, Mileend—on Thursday morning, 30th June, I was introduced to the witness, Wright, in Three Colt-lane, and went to a stable there—I saw the prisoner there—Wright represented the prisoner to be his man—they showed me a horse, and Wright offered it to me, saying it belonged to him—I exchanged one away for it—it was taken to my stable by Wright and the prisoner—I bargained for it with Wright, in the prisoner's presence—I gave the prisoner half-a-crown, and Wright gave my man a shilling—Wright took my horse away, and the prisoner followed him—they left the other in my stable, and that was afterwards claimed by the prosecutor.
Cross-examined. Q. Did you give any money? A. No; I changed one horse for the other—I gave eight guineas for my horse last June—I changed it because I thought his was a quicker horse than mine—it was not a more valuable horse—mine was a stronger one—I sold him down at Romford after that for 8l. 10s.—I had seen Wright before—but did not know him by
name till he was introduced to me—I knew his father for years—Wright took my horse to his place, and the next day to Smithfield-market and offered it for sale—I got my own horse back again afterwards, and sold it for 8l. 10s.
HENRY SMITH . I am a dealer in horses, and reside at 36, Margaret-street, Clerkenwell—I bought the horse for the prosecutor on 29th June for 6l. and entrusted it to the prisoner to leave at the Tiger public-house, Wells-street—I afterwards saw the same horse at a stable, and then at the police-court.
Cross-examined. Q. Where is it now? A. The prosecutor has it—I did not hear the prisoner say anything about getting 8l. for it, and he would get 2l.
WILLIAM WRIGHT . I am a butcher, and live at 31, Lisbon-street, Mileend—I saw Lund at the stable in Three Colt-lane, where this horse was—the prisoner told me he had the horse from his uncle six weeks before that—he came to me on the evening of 29th Jane, and I lent him 1l. on the horse, till it was sold—I told Mr. Lund something about the prisoner.
Cross-examined. Q. You said the horse was yours, did you not? A. No; I heard him say he was my man—I bargained with Mr. Lund, and got the other horse—the prosecutor got it back the day after, I think—I and the prisoner had a drop of porter together—he was not drunk when he came to me—he had been drinking—I don't know whether I got a better horse for the one I gave up—I am no judge of them—every one has got his horse back.
GUILTY.—Recommended to mercy by the Jury on account of his
youth.— Confined Twelve Months.
MR. GENT conducted the Prosecution.
JOHN COOPER . I live at the Old Mast House, Mill-wall, Poplar, and am a boat-builder—on Wednesday night, 13th July, about 9 o'clock—I fastened up my house and saw this property—two shirts, a vest, and a pair of trousers, safe in my pantry—next morning I heard they were gone, and I saw them at the police-station that night—I could not see how any one had got in—the policeman examined the place—the things stolen are worth about 15s.
WILLIAM PAYNE . I live at Millwall, and work at a boat-builder's—one Wednesday in July I saw the two prisoner's come out of a water-closet at the back of Mr. Cooper's house—they had got a paper parcel with them—the 6 o'clock bell was just ringing for the workmen.
EDWIN CLEAVE (Policeman, K 221). About half-past 6 on the morning of 13th July, I took the prisoners into custody, about a mile and a half from the prosecutor's house—they had got the property, which is here, and were about to put the shirts on—I walked up to them, seized each of them by the collar, and said, "What have you got here? where did you get these from?"—they said they had just bought them down at a public-house—I saw a pair of woman's boots, a vest, and a pair of trousers—I found the vest on Donovan at the station—I had them remanded at the police-court, and the same day I heard that there had been a robbery at Old Mast House, Millwall—I went there—I found marks of a screw-driver by the pantry door—the catch had been forced back, and the door opened—I found no jemmy or screw-driver on the prisoners.
Donovan. All we have to say is that we bought them of a young man—we don't know who he was.
GUILTY .— Confined Twelve Months each.
MR. F. H. LEWIS conducted the Prosecution.
The prisoner being a German the evidence was interpreted. GEORGE TILLEY (City-policeman, 643). On 27th July I was in Cannon-street, and saw the prisoner—I followed him into some offices in Tower-street, and there saw him stooping down, picking up some raw coffee—I stood at the bottom of the court, and when he came down I asked him if he had offices up there—he said, "Yes; what do you mean, sir?"—he said that in English—he was then carrying a coat on his arm—I asked him if it belonged to him—he said, "Yes"—he then turned back and went up into the office again—in the course of five minutes I went up and saw him standing on the staircase—I asked a gentleman in the office if he knew him, and he said "No"—I then told the prisoner I was an officer, and I should charge him with unlawful possession of the coat he had on his arm—he would not understand that—I took him to the police-station, and he was searched—I found on him 2s. in silver, and some coppers, and a piece of paper, which I took out of his pocket, with a County Court summons—he caught hold of it, and tore it from my hand—he stated at the Mansion House that a Jew had given the coat to him to sell—he said he did not know him—I believe he said that in German—he was talking to the Alderman at the time in German, but I could not understand it.
Prisoner. Q. Did I not tell you that I had 10l. in my pocket? A. No; I went to your lodgings, at the Brunswick Arms, Whitechapel, and found four coats, four carpet bags, bills to the amount of 800l., 10s. in silver, and four of what we call jacks—I did not find four pounds of tobacco—you gave me the key belonging to the door, only one—one of the coats I found has been identified here.
MR. LEWIS. Q. Was there 10l. there? A. No.
JOSEPH THOMAS COE . I am clerk to Mr. Tucker, a solicitor, of St. Swithin's-lane—I recollect hanging this coat up on a peg in the office—I missed it on 27th July—there were then some business letters in it, addressed to the office—I have since taken them out—this is the coat—I cannot say that I have seen the prisoner before, but he is well known as having been to the office with a begging letter.
Prisoner. Q. Did you see me on that day at the house? A. No.
Prisoner's Defence. The only defence I can make is that I am innocent. Some other person gave me the things to keep for him. I have not stolen anything.
GUILTY .— Five Years' Penal Servitude.
There was another indictment against the prisoner for stealing a cash-box, containing bills of exchange.
GUNN PLEADED GUILTY , also to a previous conviction. **— Seven Years Penal Servitude.
MR. LEESON conducted the Prosecution, and MR. HARRY PALMER the Defence.
WILLIAM DOXFORD . I am a shipbuilder at Sunderland—on 13th July I was stopping at the Spread Eagle, Gracechurch-street—about 2 o'clock on the afternoon of that day I was on Fish-street-hill, and saw the prisoner Gunn close to me—he went away suddenly, and I looked and discovered my watch was gone—I followed him into the crowd, called out to a policeman, and caught him—my chain was hanging down as I held him—I observed the watch pass from his hand into the prisoner Ansell's hand—it could not
have been done accidentally, I think—a carman came up and got the watch from Ansell—I afterwards saw it in the policeman's hand who took them into custody—this is it (produced)—I paid 7l. for it.
Cross-examined. Q. Were you walking on the pavement? A. I was standing—there was a crowd of people about me—I ran from two to three yards after Gunn—I just had to force my way through the crowd and seize him—he was making his way through the crowd.
JOHN JACOBS . I am a carman in the employment of the Great Northern Railway, and live at 34, Carlton-place, Kingsland-road—on the afternoon of 13th July I was on Fish-street-hill, between a quarter and twenty minutes past 2—there was a regiment of soldiers coming along, and a band playing—I heard the prosecutor say something about his watch, and saw Gunn step out into the road and the prosecutor after him, immediate followed by Ansell—Ansell caught hold of Gunn by the collar and put his right hand down, and Gunn dropped the watch into it—I thought Ansell was a detective at first, but I sprang upon him in the same manner, and he dropped the watch into my hand from his—he did not see me; I was behind him—I gave the watch to the policeman, who came through the ranks of the soldiers from the other side of the road.
Cross-examined. Q. What Gunn did to Ansell, Ansell did to you I A. Yes; the watch was dropped into my hand by him in the same way as Gunn dropped it into his.
WILLIAM GOODROE (City-policeman, 52). About a quarter-past 2 on the afternoon of 13th July I saw a crowd at the top of Fish-street-hill, and heard a cry of "Police"—I hastened towards the spot, and some one in the crowd said, "That is one of them," pointing to Ansell—I took hold of him by the collar, and at the same time I saw the witness Jacobs take the watch from Ansell's right hand, and he gave it to me—this is the watch—Ansell refused his address—I searched him, and found a penny and a comb.
ANSELL— GUILTY .— Confined Eighteen Months.
788. JAMES COX (31) , Burglary in the dwelling-house of William Walter, and stealing 6 shirts and 1 waistcoat, his property, 1 shawl and a pair of boots of Letitia Dyer, and 1 shawl of Mary Ann Shaff.
MR. TAYLOR conducted the Prosecution.
EMILY WALTER . I am the wife of William Walter, of 12, Knaresborough-road, Hammersmith—on the night of 1st August the house was safely locked up as far as I know—my servants are here—these six shirts and this waistcoat (produced) are my husband's—I missed them on Tuesday morning, 2d August.
MARY ANN SHAFF . I am in the service of the last witness—on Monday night, 1st August, I locked up the house about half-past 12—I remember shutting the shutters of the kitchen window—I shut down the window, but I am not quite sure whether I fastened it—I am sure I fastened the shutters—my black shawl was hanging up behind the kitchen door—I missed it next morning.
LETITIA DYER . I am in the service of Mrs. Walter—I saw the last witness fasten up the shutters on the night in question—the clean shirts were then on the horse, and a dirty shirt and a waistcoat were also in the kitchen—I came down in the morning about ten minutes to 7, and found the kitchen window and shutters open—the window was broken before—I missed a pair of boots and a plaid shawl of mine—this is my shawl (produced)—the bar of the shutter had been bent during the night.
THOMAS OATLEY (Policeman, F 36). On Tuesday, 2d August, about a quarter to 2 in the morning, I saw the prisoner about sixty or seventy yards from No. 12, Knaresborough-road, Mrs. Walter's house—he was carrying a bundle, which contained the whole of this property—I stopped him, and asked him what he had got there—he said his own shirts, which he had bought, and he was going to take them to his sister's at Paddington—I took him into custody—on the way to the station I asked him where he got them from, and he declined to give any answer—I asked him if the shirts were marked, and he said, "No, none of them are marked"—I looked at them at the station, and found three of them marked" Walter," and the others marked" W," and the waistcoat was marked" W" in red cotton—I afterwards heard of the robbery, went to Mr. Walter's, and examined the kitchen window—I found a pane of glass had been broken; the window had been lifted up, and the shutter-bar forced—it was very much bent—the bar could be lifted up by a knife or other instrument—the fastening of the window could also have been undone by a knife.
Prisoner. Q. The servant-girl said the window had been broken before? A. Yes, but not so much as it was then—I never saw you on the premises.
Prisoner's Defence. I am a stranger here. I bought that bundle of clothes outside an eating-house for 15s. I put them in my handkerchief to carry them.
GUILTY .— Confined Twelve Months.
MESSRS. GIFFARD and LEWIS conducted the Prosecution, and MR. HUDDLESTON,
Q. C., with MESSRS. SLEIGH and ROWDEN the Defence.
NOT GUILTY .
OLD COURT.—Thursday, August 18th, 1864.
Before Mr. Justice Byles.
In this case, upon the evidence of Mr. John Rowland Gibson, surgeon, of Newgate, and Dr. Begley, of Hanwell Asylum, the Jury found the prisoner of unsound mind, and not fit to plead.— Ordered to be detained during her Majesty's pleasure.
MR. BESLEY conducted the Prosecution, and MR. COOPER the Defence. GEORGE LOCKYER. I am an officer of the Middlesex House of Correction—I know James Blake, said to be the prisoner's husband—I was present when he was tried at the Middlesex Sessions in April this year—I have a memorandum of his sentence, which I made at the time—I have since seen him in the House of Correction daily—he was convicted in April, and has been there ever since—he is there now, under the name of Watson.
ELIZA TAYLOR . I am a nurse in the lying-in ward at the workhouse of St. James, Clerkenwell—I attended the prisoner in her confinement there—she was admitted into the house on the 26th and confined on the 27th, and she discharged herself on 21st May—she was in a very good state of health
—she had a very good breast of milk for the baby—she suckled it up to the time of leaving—the child was in a very good state of health when she left—it was a nice child; a female, and named Rebecca—she left at her own desire.
Cross-examined. Q. She had all her children in the workhouse with her, I believe? A. Yes, six children, five besides the infant—I don't know the age of the eldest—she seemed very kind indeed to the baby, which was the one she had with me—I have been a nurse there some time—I am a mother—I know that distress and grief will very much alter the milk with some—if the milk is worried it will sometimes make the child ill—I never found grief and anxiety dry up the milk—I have had several children.
MARY ANN FOUNTAIN . I am the wife of William Fountain, a wire-worker, of 11, Pear-tree-street, St. Luke's—on Wednesday afternoon 22d June the prisoner came to hire a room—she took the top front room unfurnished—she moved into it that night with her family; it consisted of six children—a chair and a table was brought into the room; that was all—I did not see anything of her that night—I heard the baby cry in the middle of the night—the people in the house made complaints next morning, and I went into the prisoner's room—she was not there—the baby was being nursed by the eldest girl, about eleven years old—there was part of a loaf and a mug of water on the ground; that was the only food—the loaf was part of a quartern from "the house"—the baby had nothing but a dirty rag placed in its mouth—I did not examine whether there was anything in the rag—I did not take it out of its mouth—I tried it with a little sop, but its mouth was so sore it would not take it—it cried all day long, and nobody came near it till night—I saw the prisoner on the Thursday night and a gentleman—she came home about 9 o'clock and went up to the room—I called her down, and asked what she meant by bringing such children into my place, and giving me such a false reference as she had—she said she could not help it, she was obliged to give a false reference to get them into a house, but she would endeavour to get them out of the house as soon as possible—I asked her whether she thought it was right to leave them—she said she could not help it; she was in trouble—I said it would not take her all night to leave them to see about her troubles, day-time was the proper time to see about such things—I said, "Have you got anything more to leave them than dry bread?"—she said they wanted for nothing—she had not the infant with her when this took place; she left it up stairs—after this she went out, with the man who she represented as her husband—she did not return that night that I am aware of—the child was crying continually all that night—on the Friday morning, about 7 o'clock, the prisoner came in and went to her room—she afterwards came down to me in the passage—she said she was going to take the child to the doctor's, and when she came back she said she was going after a room to take her children into—she had the infant in her arms—I said it was dreadful to hear the child cry in the night, nobody could get any rest for it—she said she was very sorry, but she could not help it—she brought it back about 10 o'clock that morning, and left it with the same little girl, and she then went out all day—she returned between 9 and 10 at night, I believe—I did not go into her room on the Friday while she was away—I did while she was there—there was no other food there than dry bread and water—the children were removed on the Saturday morning between 10 and 11—as far as I can tell she remained with them on the Friday night—I went up at 12 o'clock—she was in the room on Friday night, but I don't believe she remained all night—I could not say, because I went to bed.
Cross-examined. Q. What rent was she to give you? A. Three shillings a week, but I never received a farthing, except sixpence deposit—it was the inside of the child's mouth that was sore, not the lips—I have had six children—it did not look like the thrush; it looked more like neglect for want of the breast—it seemed very red in the mouth.
GEORGE FOUNTAIN . I am brother-in-law of last witness—I live in the same house, and sleep near the front door—I did not see the prisoner and her children come to the lodging—I heard her go out on Wednesday night about 10, I believe; at least the man went out about 10, and she followed after—she did not return before Thursday morning—she stayed out all night—she went out again on the Thursday morning, and never came home till about 9 or 10 on Thursday night, and then the man came in with her—the man went out first on Thursday night, between 10 and 11, and she followed him in about three-quarters of an hour—she did not come in again before 7 o'clock on Friday morning—I believe she went to take the child to the hospital in the morning—I saw her go out with the child, and my younger brother watched her to the hospital—that was the only time the child went out with her—she brought it back again about 10 o'clock—she was absent about three hours—she went out again the same morning, and did not return till about 10 at night—I went into the room while she was absent—I saw some dry bread, and a little milk jug with some water in it, which the eldest boy used to come down into the yard to fetch—that boy was about twelve or thirteen years of age—there was nothing but a piece of dirty rag for the baby—I do not know whether the prisoner went out on the Friday night—I did not hear her go out ; I was asleep—I heard the child cry.
Cross-examined. Q. You say there was a dirty rag for the child; do you know whether that was used to put sopped bread in so that it might suck it through? A. I supposed it was sugar, but I consider the rag was not fit to put into a child's mouth, or an animal's mouth, it was too dirty—it looked as if it was used for that purpose.
MARIA YORK . I live at 37, Compton-street, Clerkenwell—I know a man named Beaman—he lodges at my house, and has been for three and a half years—I have seen the prisoner there since Christmas—I saw her there the week preceding Midsummer day—she slept there with Beaman every night that week.
Cross-examined. Q. What is Beaman? A. An artificial grape-maker—I know from my own knowledge what I am speaking of—he is a man of about forty-four or forty-five years of age.
ROBERT WATT . I am assistant relieving officer of St. James's, Clerkenwell—I have known the prisoner for about two years—she is married—I know her husband—the name I know him by is John Blake—I saw him yesterday in the House of Correction—the prisoner was an inmate of the work-house—she left of her own accord.
HETMAN CHARLES HARRIS . I am house-surgeon at St. Luke's workhouse—I attended the deceased child, Rebecca Blake, on 25th June in the receiving ward of the workhouse—she was a thin wasted child—she had thrush in the mouth, a large belly, and small limbs—I saw food given to it; milk and water—I attended it up to its death, which was, I think, on 12th July—it did not improve in health at all—I made a post mortem examination—the general appearance of the internal organs was that of great pallor—that was the most remarkable point—the lungs were pale, the heart and the brain flabby and pulpy—that indicates defective nutrition—the child died of mesenteric disease in an advancing state—it died from general feebleness and
diarrhoea—it had great difficulty in retaining any food—the feebleness and diarrhoea appeared to have arisen from want of being fed upon such food as it could digest, from want of proper food.
Cross-examined. Q. Mesenteric disease proceeds very often from a scrofulous temperament, does it not? A. Very often—where there is that scrofulous tendency the disease develops itself earlier than at other times—a child may be born with it—mesenteric disease of itself prevents proper nourishment being taken into the system—it is a question of degree—it develops itself whether there be nourishment from the mother's milk or not—among the lower orders it is a complaint that a great number of children die of, even though they have nutriment from the mother—distress and misery on the part of the mother would injure that nutriment—it would hardly dry up the milk; it would impoverish it, and probably lead to that; but I must distinctly state that the mesenteric disease was not in that advanced state that it would destroy this child—I know the child could not have received nutriment from its food—it had the thrush—that causes a little difficulty in a child taking the nipple at first, but it sucks readily enough after it has once got hold of it—if it is hungry it will suck—it would not be capable of knowing whether the milk was good or not.
MR. BESLEY. Q. How old was the child? A. About two months—a child of that tender age, of course, requires constant attendance—I have heard of its being left without anything but bread and water—that would be a food that it could make no use of—it could only have been supported from milk or milk and water, that might have been given artificially from a cow or any other animal.
GUILTY. Strongly recommended to mercy by the Jury on account of the painfully distressed circumstances by which she was surrounded. — Confined Nine Months.
There was another indictment against the prisoner for the manslaughter of another of the children, which was not proceeded with.
MR. BESLEY conducted the Prosecution and MR. BEST the Defence.
CHARLES CASE FOWLER. I am an officer of Customs—on 17th July I was on board the Danube, which was lying in St. Katherine's Dock—I saw several persons on board, but I did not know either of them by name—I saw the prisoner and the captain and two or three others talking on the quarter deck—all that I understood was that they were asking the captain for their wages—I drew that conclusion from the answer he made—the men wanted to go to the north, and he said they could live in London as cheap as they could in Sunderland—the captain was an Englishman—the rest of the crew appeared to be foreigners—this conversation might be going on three or four minutes—some minute or two afterwards as I was examining some goods I saw the captain go down into the cabin, and almost instantly I saw the prisoner go down in a very great hurry, and a minute afterwards he came up on deck with a long carving knife in his hand—this is it (produced)—he held it in this position when he came up the companion—the man John Smith was on the starboard side, close to the companion—the prisoner made a jump and a plunge towards him—I should say the point of the knife was not above two or three feet from the man—I caught the prisoner with my foot, and tripped him up—he fell, and the knife was in my hand; but whether I took it from him or whether some person handed it
to me I do not know, it was so sudden—I fancy I took it from him, but I may not have done so—in falling ho fell towards me—no blow was struck by him with the knife.
Cross-examined. Q. The men were talking together, were they not? A. I never heard anything transpire between them—it is possible it may have been so—I was engaged in my own business examining goods.
COURT. Q. In what way did the prisoner hold the knife with respect to Smith? A. Towards his abdomen—I had heard no conversation at all between the prisoner and Smith—I could not take upon myself to say that they both heard what the captain said—I believe they were all standing together—it was a sort of demand for wages—I believe the prisoner was cook and steward on board, and Smith was one of the seamen, but I only speak from hearsay. John Smith did not appear, having gone to sea.
— NOT GUILTY .
MR. BESLEY conducted the Prosecution, and MR. BEST the Defence.
CHARLES CASE FOWLER . (The evidence given by the witness in the last case was read over). When the prisoner came up the companion he turned round and made one step with the knife in this position (horizontally)—at that time Smith was perhaps a couple of feet from him, or not so far.
Cross-examined. Q. Were all the people on board perfect strangers to you? A. Perfectly so—I only know the man's name to be John Smith from what I was told.
JURY. Q. If you had not interfered, would the knife have gone into Smith. A. I am afraid it would.
GUILTY on the Second Count .— Confined Twelve Months.
ANN LEACH . I am the prisoner's wife—he is a clerk—we live at 2, Hydeplace, Westminster—we have been married eighteen years—a fortnight ago last Saturday (30th July), he came home between 2 and 3 in the afternoon—I can't say whether he had been drinking, but he was excited—he went to bed a little after 8—about 9 o'clock I and Mrs. Woolley were in the parlour together, and my husband came from his bed into the parlour—he did not say anything—my little boy said, "Where is the pistol?" and with that, my husband left his bedroom and took the pistol out of his box, and aimed it towards me; but I don't think he meant to injure me—he pointed it towards me—I heard the report, hut it touched one of the paintings, and I escaped it—I had given him no provocation—I was going out of the room at the time—I can't recollect whether my face or my back was turned towards him—I did not see the smoke from the pistol, I only heard the report—we had had no quarrel previous to this—I think it was mental excitement caused him to drink—ho had fired in the garden about 7 in the evening, and I remonstrated with him, and he said he did it for a lark—he never made any threat towards me, that I heard; I am very deaf—I stepped over to Mrs. Woolley to ask her to come over—that was to assist him into bed with one of the daughters, which they did—I was about as far as I am from my lord when my husband fired the pistol—he aimed it at the painting
more than towards me—I remember the policeman coming—I did not hear what my husband said then, I was not in the room; I kept in the doorway—I did not hear him make any complaint about my pawning things, not then; I had a few days before.
Cross-examined. Q. What sized room is this where the pistol was fired? A. Rather a small one, about fourteen feet long—I was going out at the door when he aimed at the painting—that was on the wall at the side of me, not over my head—he was about two or three yards from me when he fired—I was standing up, going out; he was sitting down—when I saw him put the pistol up, I went out—that was how I was unhurt—I was walking at the time—I left the room before he fired; I think he was in the act of firing as I went out—it went off as I was going out—the door was open—my husband is clerk to a builder—he was in employment at this time—he has been a teetotaller for some time; I have known him abstain from drink for twelve months together—just before this, he had taken a quantity of brandy, and was so excited—I am sure he could not have been in his right mind at the time—I don't think he intended to hit me: I can't say—we had had no words whatever—at the time my little boy said, "Where is the pistol?" my husband was sleeping in his bed in the adjoining room, with his clothes partly on, and he instantly jumped out and seized the pistol, and fired—at the time he fired in the garden, I was not there, nor yet in the house—I can't say what he was firing at in the garden—he had been rather unhappy for some time past—he never threatened me at all, that I heard.
COURT. Q. That same afternoon, do you remember his threatening you; just recollect? A. I don't remember; if he did, it was to some one else; I did not hear it.
MR. MONTAGUE WILLIAMS . Q. You say you were going out of the room when he fired at you? A. Yes, I am quite sure of that—I had come in; and when I saw him take up the pistol, I went out again directly.
MARY ANN WOOLLEY . I am a widow, and live at 1, Paradise-place, Vincent-square—on Saturday, 30th July, about 7 o'clock, Mrs. Leach came to me and some of the children with her; they remained at my house, and I went back with her—I saw the prisoner standing at his garden-gate, smoking his pipe—I asked him to come indoors and speak to me; he did so—after a few minutes' conversation, I asked him to remove the powder and shot; it was then on the table—he put it away—he was in an excited state—I then went home—I was fetched again by the daughter a little after 9—when I went in, I found the prisoner fast asleep in the front room, sitting in a leaning posture with his head on the table—the daughter and I put him to bed in the next room, three steps up—one of the little boys, from seven to ten years of age, ran in and asked for the pistol—Mrs. Leach was not there at that moment—the prisoner directly jumped out of bed and took the pistol—I could not positively say that he took it out of the box, but he stooped—I tried to take it from him—he lifted the pistol and fired it as his wife entered the room—she saw him lift his hand—he lifted his hand and shot at his wife—the muzzle was pointed towards the door, where she stood—she came to the door as he fired—we had two candles burning—after the prisoner had fired the pistol, he went to bed again—he took the pistol into the bedroom with him—he said in the afternoon that he had been provoked, and I desired him to be quiet and at peace—he seemed very low-spirited; he said the home was not to his mind, not as he could wish—after the pistol was fired, I heard him say, as he came out, that he had been
very provoked—he was very excited—he said that both before and after the pistol was fired.
Cross-examined. Q. Did he appear to be like a person under the influence of drink? A. Yes, very much so—he did not wake while we were putting him to bed—I saw the pistol fired—I could not say that he intended to shoot his wife—it was fired in the direction of the door; I shifted his arm.
HENRY LAMBERT (Policeman, B 334). On Saturday night, 30th July, about 11 o'clock, I was passing Hyde-place, and heard the report of firearms—I saw the prisoner's wife running from the house—in consequence of what she said to me, I went into the front parlour—I found the room full of smoke—I found the prisoner in the back room, in bed—the moment I entered the room he said, "Don't come nigh me, or otherwise I will blow out your brains"—I asked him to get up and dress himself, and go quietly to the station with me—he said, "No, I sha'n't; it will take six policemen to take me there; it is not the first time I have been handled by the police"—I requested him to get up—he got up after a great deal of bother—I had to call in the assistance of two or three more constables—I told him he was charged with attempting to shoot his wife—he said on the way to the station," Never mind, I daresay my wife won't come up on Monday and prosecute me"—at the station, he paid," If I ever come out again, I intend murdering of her, having her life"—I found the pistol in the box at the time I took him into custody, also the shot and powder—the pistol was very warm—after taking him to the station, I returned and examined the walls of the room—I found several shots in the door, and the picture that hung at the side of the wall was smashed—the marks in the wall corresponded with tho shots.
Cross-examined. Q. Where was the picture? A. Hanging close by the side of the door—there was only one pistol—that was not loaded when he said he would blow out my brains—he was drunk.
The Prisoner's statement before the Magistrate:" I have had great provocation; she has pledged all my things. I went to a box and found about fifty or sixty pawn tickets of things of mine, and oven my children's, that she had pledged. I was quite collected at the time I discharged the pistol.
COURT to HENRY LAMBERT. Q. Was he before the Magistrate the same day, or the day after? A. On the Monday morning, as this happened on the Saturday night—I got this small paper of shot from the wall.
GUILTY on the Second Count. — Ten Years' Penal Servitude.
MR. F. H. LEWIS conducted the Prosecution, and MR. BEST the Defence.
JOHN MIDMER. I reside at 9, Peter-street—on the evening of 13th July, I was in Oxford-street with Batho—I saw the prisoner in company with two others—he had a stick in his hand, flourishing it about—I merely said to him," Be steady with that stick, young man; you will hit somebody in the face"—he did nothing on that, and I took the stick away from him and threw it into the road—he had no sooner lost the stick than he put his hand into his pocket, drew out a knife, and stabbed me in the cheek—I fell down, and by scrambling got on the top of him—ho would have made another a tempt upon me, but he was stopped by my friend—I was afterwards taken to the hospital—I only remained there to have it sewed up, perhaps half an
hour—I had given the prisoner no provocation whatever further than I have described.
Cross-examined. Q. He is a foreigner, is he not? A. Yes—he was not making a noise—I don't know whether he was drunk; his friends told me he was; I could not tell; he walked well enough—the beginning of it was in St. Ann's-court, where I asked him to be careful with his stick—he caught hold of my arm, and said," Me can speak good English as well as you"—two gentlemen came up, and said, "Don't take any notice of him, he is in a little drink"—my friend and I went into a public-house, and when we came out he came at me with the stick—my friend said directly," He has got a stick; look out!" and I took it away from him and threw it into the road, and he directly whipped his hand into his jacket, took out a little knife, and stabbed me, and threw me down—I called out," I am stabbed"—my friend directly said, "He has stabbed me in two places—I have a mark on my face now.
JOHN ABLEWHITE SMITH . I am a house-surgeon at the Middlesex Hospital—the prosecutor was brought there—he had a wound on the left temple—it was deep, but not dangerous—it must have been inflicted with some sharp instrument.
RICHARD KENT (Policeman C 191). I took the prisoner into custody—as I was taking him to the station, he said, "I speak good English; they cannot hang me in England; if I had the chance, I would do it again."
Cross-examined. Q. He was drunk, I suppose? A. Sober, as sober as I am—that I swear—I took him within two or three minutes after it was done, about 1 o'clock.
JOHN MIDMER (re-examined). It was about half-past 12 when I first saw him—it was about twenty minutes or half an hour from my first seeing him to this happening—the stick is not here; his friends took it—it was a little short stick, such as they rest their organs on—I don't know whether he is an organ man.
GUILTY of unlawfully wounding.
HENRY WILLIAM BATHO . I live in Sussex-street, Tottenham-court-road—I was with Midmer—I saw him take away the stick from the prisoner—they struggled, and fell—Midner was at the bottom, and the prisoner at the top—I caught hold of the prisoner by the coat-collar and lifted him on to his feet, and no sooner had he got on his feet than he turned round and stabbed me in the shoulder and in the arm—I struck him after that, but not before.
JOHN ABLEWHITE SMITH . I examined the prosecutor—he said he was stabbed in the arm and shoulder—I found wounds corresponding with that statement—they were not dangerous—the wound on the back of the arm was rather deep—it was under the blade-bone—they were inflicted with some sharp instrument, such as this knife (produced).
GUILTY of unlawfully wounding .— Confined Twelve Months.
MR. BEST conducted the prosecution, and MR. SHARPE the Defence.
FANNY HARRIS . I have been living with the prisoner in North-wharf-road, Paddington—on 18th July, about in the morning, he came home—I was standing in the street talking to a woman—he told me to go home—I went in, and went up stairs to Hobbs' room—the prisoner went into his own room, then came out and stood at the door—he did not see me—I was up stairs looking over the bannisters—Hobbs asked him what was the matter—he said there was not anything the matter, but there soon would be if he could find me—he went into his room, and I heard him say he would burn my clothes—I went and pushed open the door, and asked him not to be so silly, for when he bad had beer he did not know what he did—he told me to go out—I went out and he locked the door—I burst the door open, and took my shawl—he was sitting on the bed in the act of lighting his pipe with a candle, and he threw the candlestick at me—it struck me on the head—I don't remember anything afterwards till I came from the hospital—it has got well now.
Cross-examined. Q. I believe he did not take up the candlestick, he had it in his band? A. Yes; I am sure he would not have done it if he had been sober.
JOHN SAMUEL VEALE . I am a surgeon at Paddington—early on Monday morning, 19th July, I was called to the prosecutrix—she had two wounds—one over the centre of the forehead, and one on the right temple—she was in a semi-comatose state, insensible from concussion of the brain—I dressed the wound, and attended her for about seven days—it was such a wound as would be caused by this candlestick—I should think it must have been thrown with force.
GUILTY of unlawfully wounding. — Confined One Month.
NEW COURT.—Thursday, August 18th, 1864.
Before Mr. Common Serjeant.
MR. METCALFE conducted the Prosecution, and MR. PALMER the Defence.
HENRY NATHAN . I am a draper of Whitechapel, and have a warehouse in Great-garden-street—the prisoner keeps a chandler's shop next door but one to me—some time ago he was summoned by the police for obstructing the pavement—there was no quarrel between us before that, but after he was fined by the Magistrate, he pulled me indoors and said, "Unless you pay me all I have been fined, and remove the police, I shall do something that you will not like"—up to that time I had not interfered in any way whatever, or given directions to the police—there was an obstruction on the pavement, but I did not care about it—it was the police who interfered—he was afterwards fined a second time at the instance of the police—he did not pay the fine, and went five days to prison—after that he had placards out one after the other—(MR. HENRY MITCHELL, solicitor, proved the service of a notice upon the prisoner, on 13th July, to produce the original placards, he being then out on bail)—The placards, of which these (produced) are copies, were exhibited in front of the prisoner's house, and mobs of people assembled to read them—that continued for more than a month—after he was committed at the police-court he took them away, but they were exhibited on that very day—they have not been put up since he was
committed for trial—the proceedings were adjourned, and then he was committed—they still continued during the adjournment—I have received no apology since they have been taken down, and it has been a very great injury to my business—I have been there forty years, and never had a word with any neighbour whatever—hundreds of people collected to read the placards, and they collected round my door, and made observations upon me, while the prisoner stood at his door and preached to them, and gave placards to them saying," That is the Jew draper."
Cross-examined. Q. Did you put placards in your window? A. No; my trade is wholesale, and retail, and shipping also—I never advertise my fine shop—I have plenty of business without—I am known very well in the City of London—it is a very narrow street—I am a Jew, but the prisoner is not—there were a hundred or a hundred and fifty people at a time round these facetious placards, which interfered with my business very much as ladies could not pass—it would not be much use to him to get any of my customers—there was no fear of that—he does not deal in the same articles—my sons are with me in the shop—he has been my neighbour there seven, eight, or nine years—he is a most obstinate man—I cannot like him since I have found out what he is—all I claim is protection, for if he is let at liberty he will do it again—I never listened to his preaching; his language was too bad—I know that he put these things up, because they were over his windows and doors—the people did not laugh, but they shouted, and hallooed, and made a noise—there was nearly a riot.
PATRICK GARRARTY (Police-sergeant, H 20). I known the defendant—on 9th June, I was sent by the inspector, and saw the prisoner standing on his door-step, declaiming to two hundred low people outside that he had been persecuted by the Jew draper and the police—the placards were all outside—I have read them so often that I could repeat them—I have often laughed at them—I told the prisoner I had been sent down by the inspector; that the police had been sent too, as the street was literally blocked up, which was very serious—I said, "I do not know you, neither do I know the Messrs. Nathan; I have come with the best feelings in the world to you"—I said that I did not know whether there was any quarrel between him and Nathan, but if there was I did not partake of it, and asked him to take down the placards—he said, "I will not"—I then said that I wished to speak to him inside—he allowed me to go in, and I said, "I do not want you to pull them down now; I do not want the people to see that there is any victory over you, but do not put them up to-morrow; it must be injuring your business"—he said, "There is the mistake; people come and read these placards, and come and deal with me through sympathy," and while I was speaking to him some people came in, one female, particularly, who bought some soap—she said that she did not want the soap, but wanted to know what I was saying to him—I said, "Excuse me; I suppose you think I am like the rest of the police, being bribed and purchased by Mr. Nathan, but I am not"—next morning I went again, but he was not there—I went again, and he was hanging them up—I said, "Do you remember my being here yesterday; I did not expect you would take them down yesterday, but I did not expect you would hang them up again; it is extremely obstinate of you; these crowds will be here again to-day"—he was then hanging up one about three feet square, stencilled out with large letters an inch deep—he said that he would not take them in—I persevered and went inside, and entreated him—he said that he supposed I felt sore about the allusion to the police—I said, "No"—he asked me if I had 50l. in my pocket—I said,
" No"—he said, "If you are prepared to pay me 50l. I will take them in"—I said, "My good Sir, it is not worth so much to me"—he said, "Well, them that sent you"—he also said that there were no names on the placard—I said, "It does not matter; people know who you mean, and Mr. Nathan has his shop closed"—that was caused by the shouting of the crowd outside, to the best of my judgment, and after I left Mr. Nathan beckoned to me, called me in, and told me he was compelled to close—this was the 10th of June, and the placards continued up about a fortnight before this summons was issued, and also while the summons was being heard, even after a caution to take them down during the adjournment.
Cross-examined. Q. Did you very often go down to see them? A. I was on duty there—they were done by stencil plates—the prisoner's name was not to them, nor the prosecutor's—no name was mentioned, but" The Jew draper"—he said that he believed the old gentleman did not mean him any harm, but Charley did, and that Charley had accused him of setting fire to his house—this was on Thursday—it is not the practice to close on Thursday—I did not say that I thought he was badly used at the police-court—Mr. Nathan does a large business—I interfered in consequence of the crowd—(The placards contained the following words—"Owing to the envy and malice of the Jew draper, who bribed the peeler to swear falsely for the sake of the women who come to his father's tally-shop, I shall carry on my business as usual; where is the low-bred, ignorant Jew? No; Bobby; I do not want to have anything to do with cut-throat Jews. Half a pint of beer will buy a Bobby anywhere."
GUILTY .— Confined Six Months and to enter into recognizances, with two sureties, to keep the peace, and to be further imprisoned until such sureties be found.
MR. THOMPSON conducted the Prosecution, and MR. METCALFE the Defence.
SARAH BUTLER . I am a widow, and live at Sutton, in Surrey—on 21st February, 1863, I let my furnished house there to the prisoner by this written agreement (produced), and this is an inventory of the furniture, knives, forks, and glass—besides the articles contained in this inventory, there was a telescope, a pistol and case, a game-bag, a pair of boots, a shotbag, an inkstand, a fishing-rod, a landing-net, and a walking-stick—they were Napoleon boots, which had belonged to my late husband, and were nearly new; they cost two guineas; they were riding-boots for the chaise, and came up above the knee—besides the knives in the inventory, there were some new ones which had not been used, and which I did not intend the prisoner to use unless he had company—I told the servant I should fetch them away, and if the prisoner had not enough she was to come to me for them, as I lived close by—I left the telescope, and pistol and case in the store-room—I told him there was a telescope, and he might have it to view the country with, but when I called once or twice he said he had not seen it; that was about a fortnight after he took possession, and by the date of the ticket it had been pawned then—he wanted to buy the pistol—I said that I would not sell it, but would leave it on the premises—the game-bag hung up in a closet, and I had no idea that it was taken, or the shot-bag either—he said that if I wanted to part with the boots he should like to purchase them, but he did not pay me for them—I said that if he liked to fish in the grounds he might use the fishing-rod—the rent was to be paid every three months from the day he commenced, and about a fortnight after, 21st May,
I heard that he had left—he gave me no notice, but under-let the house—I did not go into it then, but in September I found it shut up, and no one in it—I then went, and missed these things—the first quarters rent was paid—the tenant to whom the prisoner let it disappeared two days before the rent was due—I heard nothing of Keily till June this year, when I found he was living in John-street, Hercules-buildings—I went there with a policeman, and found the servant Harriett Wiltshire, whom I had discharged, but who Keily said might stay with him if she liked—I there found the articles I have mentioned—I did not see the prisoner after that day till he was in custody.
Cross-examined. Q. Were the things included in the inventory all in the house when you got possession? A. No; he has taken many more besides these—there are a great many things missing from the house, and the garden utensils also—I did not say before the Magistrate," There is nothing missing from the house that is in the inventory"—this is my signature to my depositions, but that is a mistake—none of the things I am complaining of were in the inventory, but they are not near what he has taken away—I did not leave these things in the care of my servant; I discharged her, and Mr. Keily took her—I had confidence in her, but I did not leave her in the house as my servant—I only left the knives with her—these things were not included in the inventory because I left them for his amusement, and I might want the telescope, and then I could go and take it away when I pleased—he was to be there two years, and I could take away anything that was not in the inventory—I left these things in the store-room; it was only the knives that I left in the servant's possession, but the servant knew that the other things were left there quite as well as myself.
ANN GALLOWAY . I am the landlady of 4, John-street, Hercules-buildings—the prisoner came to lodge in my house, with a person he represented as his wife, on 12th September, 1863—they lived there till June; they occupied the second-floor front room, and went by the name of Mr. and Mrs. Edwards—I was present when the policeman and Mrs. Butler came, and saw them find the things in the room occupied by the prisoner.
Cross-examined. Q. Did you tell him the policeman had been to inquire for him? A. Yes; he said that he had nothing to fear; that Mrs. Butler had stolen his things, and he would go to the station and see after her.
MR. THOMPSON. Q. I suppose at that time he did not know what had been taken? A. I took him there and showed him the room—he went out two or three times, I do not know where to, and came back, and was taken—he made no attempt to escape.
THOMAS HOUGHTON (Policeman, 115 L). Mrs. Butler gave the prisoner into my custody in the Westminster-road, for stealing her property from Sutton—he said, "I shall give her in custody for breaking into my house and stealing my things"—I said, "You must come to the station"—that was about a hundred yards off—I saw the prisoner come from 4, John-street.
PETER HARNETT (Police-sergeant, 11 L). On 20th June I went with Mrs. Butler to 4, John-street, Hercules-buildings, and found these articles (produced) in the front room, top-floor—Mrs. Butler claimed them all—the prisoner was not there—he called Mrs. Butler some bad names at the station, and wanted to give her in custody for stealing the things—he said that he had bought them of her, and she said that he had stolen them—I found, in a drawer in the prisoner's room, this duplicate for a pistol and case, pawned on 29th April, 1863, for 2l.; another for nine dessert-knives, on 13th April,
1863, for 15s.; and another for a telescope and stand, for 4l. 10s., all in the name of Keily; also this copy of the inventory of the goods in the house of Sutton.
Cross-examined. Q. Was anybody present in the station during the conversation? A. The other officer—I am quite sure that the prisoner said in substance that he had bought the things of Mrs. Sutton, though I cannot remember the exact words—the game-bag and the duplicates were produced at the time, but were not handed to him—he said that he had bought them at the moment he went in, and when the charge was read over to him he said that he should be able to satisfy the Magistrate in the morning—the woman was taken before the prisoner; she was discharged by the Magistrate.
EDWARD SMITH . I am a pawnbroker, of 17, Victoria-road—I produce a telescope and pistol, pawned in the name of John Keily; and 9 table-knives, and 9 dessert forks, in the name of John Keily—I believe the person to be the prisoner's brother—I had known them both previous to the pawning.
Cross-examined. Q. Do you know who did pawn them? A. No. I believe it was not the prisoner.
MR. METCALFE to SARAH ANN BUTLER. Q. Did you say that he wished to buy some of the things? A. Not any—something was said about his buying the boots, but he did not give a definite answer—he asked me if I wanted to sell the pistol—I said, "No," but I would leave it in the bed-room, and he could use it to protect himself—he did not want to buy the telescope or the game-bag—I told him the boots cost two guineas making, without the leather, but I did not fix a price for them—he said that he did not know whether they would fit him—I did not tell him what the pistol cost, or put a price on it, because when I returned I wanted it to protect myself.
He was further charged with having been before convicted.
WILLIAM GURSLOW . I am a warder of the House of Correction, Dartmoor—I produce a certificate of the prisoner's conviction—(Read:" Central Criminal Court. Richard O'Dempsey Keily, convicted January 7, 1853, on his own confession, of forgery. Transported Fifteen years")—the prisoner is the man; he was in Dartmoor prison under that conviction, and was discharged on 23d February, 1857, on a medical certificate.
Cross-examined. Q. Did you attend on him there? A. Yes, he was under my charge, and I know him well.
GUILTY.— Ten Years' Penal Servitude. There was another indictment against the prisoner.
MR. BESLEY conducted the Prosecution, and MR. SLEIGH the defence.
NOT GUILTY .
NOT GUILTY .
JAMES SHEARMAN . On 11th August, about 5 o'clock, I was crossing Tower-hill with a young man who is not here, and stopped outside a public-house, seeing two men sparring—I had my hand on my watch, which was in my waistcoat pocket—I took my hand away to get my handkerchief out, I felt something move, looked down, and caught the prisoner's hand with
my watch in it, just withdrawing it from my pocket—I seized his collar, and he gave it back to me, and said, "Let me go"—it was attached to a hair guard—I gave him in custody—he had broken the ring, and the watch was in his possession.
Prisoner's Defence. I had my hands up, and quite a gentleman in appearance and dress put it into my hand; I thought it was a crown-piece, but found it was a watch. The gentleman said, "You have got my watch;" I said, "Here it is. I was three yards away from him."
GUILTY. **— Confined Nine Months.
MR. DALEY conducted the Prosecution.
JOHN BEDELLS . I live at 26, Bolsover-street—on 6th August, at 12 o'clock at night, I was outside a beershop at the corner of Clipstone-street, and saw a row outside a beershop a little lower down—my wife went to see what it was, and in a minute or two I went also—I heard that the prisoner's brother had knocked my wife down—I asked him what he had done it for—he made no answer, but turned round again—I said, "You must be a mean man to knock a woman down"—he said, "Yes, and I will knock you down"—he struck at me, and we began fighting—while we were fighting I felt myself stabbed in the face—I turned round, and was stabbed again near my eye—I saw the prisoner with a knife in his hand close behind me—I called out that I was stabbed—I became insensible with loss of blood, and found myself in the hospital—I also found a cut on my arm through my coat, and there was a small cut on my head—I was only in the hospital while the wounds were dressed—I had never seen the prisoner before—I am sure he is the man.
GEORGE PATTERSON . I live at 27, Clipstone-street—I saw the row in Bolsover-street—when I got up I saw the prosecutor's wife, who said that she had been knocked down twice by the prisoner—the prosecutor came up and wanted to know what the prisoner's brother knocked her down for—they fought for a minute or two—the prisoner's brother returned again, and a row commenced, and blows were struck between the prisoner's brother and the prosecutor—the prisoner was coming up to strike the prosecutor—I caught him by the collar, and he struck me on the left eye—we had a tussle, and he fell in a gateway—I lost my hat, and while I was picking it up I lost sight of him—I went round to the other side of the crowd, and saw the prosecutor with his hand up to his face—he said that he was stabbed, and I saw the prisoner standing with his back to the wall, with a knife in his hand.
ELIZABETH BEDELLS . I am the prosecutor's wife—I was close by him, and saw the prisoner struggling with him with a knife in his hand—I heard my husband cry out that he was stabbed—he was the only person near—my husband called out "I am stabbed again"—I went up and said, "How dare you stab my husband like that?"—he held up the knife and said "I will put the knife into you as far as it will go if you do not go away"—I walked away and fetched a constable.
JOHN ABELWHITE SMITH . I am house-surgeon of the Middlesex Hospital—the prosecutor was brought there with a deep wound on the cheek, one on the temple, and a smaller scratch on the face; three separate wounds—they might have been inflicted by this knife—my attention was called to his arm
next day—he had lost much blood, and was weak, but I did not see him brought in—one wound was deep, but not dangerous—one was just on the temple, near the eye—a blow inflicted with that violence on the eye might have been fatal.
The Prisoner called
HENRY SMITH . At ten minutes past 12 last Saturday night week I had just come out of a beershop in Bolsover-street, and heard a disturbance—I saw Mrs. Bedells and three or four women fighting—when I got lower down there was a good deal more fighting—a party named Jones, who is not in court, and the prisoner's brother went to see if the woman was knocked down—he shoved him back, and the prisoner said, "Not so many of you, do not be so fast"—Mrs. Bedells said to the prisoner's brother," What did you push me down for, you pushed me down two or three times?"—he said, "No, I did no such thing"—Mr. Bedells said, "If you interfere with my wife I shall b—y well knock you down"—a bit of a fight ensued, and then his brother came forward—Patterson then came forward, but, of course, he looked after his brother—the prisoner was knocked about, and a small wicket gate gave way, and he fell against a box—shortly afterwards the prosecutor said that he was stabbed—I turned him round to look, and saw that he had got a cut—I called a cab, and went with him to the hospital—I did not see the prisoner at that time—I only saw him against the shutters—I did not see him with a knife.
GEORGE COX . I was going home last Saturday night week, and saw a great disturbance—I went to see what was the matter, and Mr. Bedells said to the prisoner's brother that he had knocked his wife down—he said, "You b—, and I will knock you down"—the prisoner came to pull his brother away, and about a dozen men and women rushed on to him, and got him by some small railings which part the butcher's from the cheesemonger's—they were punching away, and they shifted on to some strong plate-glass—the prisoner went on punching him—he interfered for his brother, and they attacked him, men and women too—I did not see the prosecutor there, but I saw his wife and Patterson.
Prisoner. My brother and Mr. Bedells got fighting. I made peace and parted them, and they all set on me. You will see that I have the remains of a black eye now.
GUILTY of unlawfully wounding. — Confined Four Months.
THIRD COURT.—Thursday, August 18th, 1864.
Before Robert Malcolm Kerr, Esq.
Mr. F. H. LEWIS conducted the Prosecution, and MR. TAYLOR the Defence.
MARY ANN CARTHY . I am the wife of John Carthy, and live at 19, Essex-street, City-road-gardens—between 7 and 8 on the evening of 1st August I was passing along Essex-street—Holmes came behind me and tore my bonnet off—I did not see the prisoners till I was on the ground—I might have seen them before that day—I did not know them—I did not give any cause to
either of them to assault me—Holmes kicked and thumped me in a very violent manner—I had two very bad black eyes, and I was bruised about the body—she dragged me along by my hair, and dashed my head against the wall—I then saw my purse in her hand—I had half a sovereign and some silver in it—my pocket was turned inside out—at that time Driscoll was trying to separate us—they then followed me, and just by the City-roadgardens they attacked me again—I told them they had my purse, and they then shoved me very violently, and Holmes took the earrings out of my ears—a policeman came up, and I gave them into custody—I have suffered very much from the violence—I have been bringing up blood ever since.
Cross-examined. Q. Were your ears torn? A. No, the wires of the earrings had only to be turned over—they had me on the ground—I had not been drinking with these two women in the Green Gate public-house—there were three of them when they came up to me, but one got away—I might have seen them before, but I was never in company with them—I did not know Holmes—I had not accused her of living with my husband—I have been in trouble, but since then I have reformed, and am connected with respectable people—I have been convicted more than once—I had eighteen months' imprisonment, and Holmes was there at the same time, I believe—I did not speak to her there—we were not allowed to speak there—I have not since I have been out accused her of living with my husband—these earrings were given to me by my brother, who lives in the Isle of Wight now—they were not Holmes' earrings—they were in my ears—I have a witness here to prove he saw her take them out of my ears.
The Court, upon referring to the depositions, found that before the Magistrate the witness swore she had never been convicted, and directed the Jury to acquit the prisoners.
NOT GUILTY .
MR. HORRY conducted the Prosecution.
ANNIE MARIA SAMPSON . I live at 89, Waterloo-road, Kingsland-road—about 4 on the afternoon of 15th July, I was standing with my friend Mrs. Howard, at the end of Talbot-court, Gracechurch-street, waiting for an omnibus—I saw some one at the side of me—I could not swear it was the prisoner—at that time a young man drew my attention to my pocket and said, "Your purse is gone"—I felt in my pocket, and said, "Yes"—it was in my pocket before—I had a half sovereign, one or two sixpences, a threepenny-piece, two receipts, and a linendraper's bill—two or three minutes afterwards I saw the prisoner in the custody of a policeman—she was taken to the station house—I went there with my friend, and stated that my purse was gone, and what was in it—the prisoner did not disown having taken it at all—she made some remark—I saw a half-sovereign and two sixpences on the desk in the station, and the two receipts which were in my purse—my name was on them—I have not got the purse here.
Prisoner. Q. Did you see me at the side of you? A. I observed a person with a large black silk mantle on by my side—you said the purse was handed to you.
MARY ANN HOWARD . I live at 3, Frederick-place, Upper Clapton—I was standing by the side of the last witness on this occasion—I saw the prisoner by my side—I am sure she is the woman—I did not see her go away—I heard some one call Miss Sampson's attention to her pocket—the prisoner had gone away then—I afterwards saw her in custody.
THOMAS BROWN (City-policeman, 484). About a quarter to 4 on the afternoon of 15th July, from some information I received, I went through Talbot-court, into Whitechapel, and saw the prisoner talking to a man—they saw me when I got within two yards of them, and the man ran away—the prisoner attempted to do so, and I stopped her—her right hand was closed, and I held her tight—I told her she would be charged with picking a lady's pocket—she said, "Oh no, not me; I am innocent!"—I kept her hand closed till we got to the station—I heard Miss Sampson state the particulars of her loss, and I told the prisoner she could put on the ledge what she had got in her hand, which she did—there was a half-sovereign, two sixpences, a threepenny-piece, and these receipts, which Miss Sampson identified—the prisoner said that the man took them and gave them to her.
MISS SAMPSON (re-examined). This (produced) is my property, and was in the purse when I lost it.
Prisoner's Defence. This man done it, and gave me the money. I did not know it was stolen.
GUILTY .— Confined Twelve Months.
MR. COLLINS conducted the Prosecution.
The prisoner, declining to plead, was found by the Jury mute of malice, and the Court ordered a plea of
NOT GUILTY to be entered.
JULIA RYAN . I am the prisoner's wife—in July last I lived at 30, Old Pie-street, Westminster—about 9 o'clock on Tuesday morning, 12th July, I was in bed with the prisoner in the first floor back-room—it is a lodging house—we had that room—he cut me on the head with the chamber-pot—he did not strike me with a ginger-beer bottle—I ran into another room, where a man named Murphy was, and got underneath his bed—blood was then streaming from my face—the prisoner ran after me, and tried to get at my hair—I kept from him—I afterwards came out and went down stairs—I was taken to the hospital—I was an inside patient—I have been at the hospital a week.
THOMAS MURPHY . I am a labourer—on 12th July I was living at 30, Old Pie-street, Westminster—the prisoner and his wife occupied the back-room on the first-floor there—I occupied the front-room—they were separated by a partition—about 9 o'clock on this Tuesday, I heard a smash and a scream from the prisoner's wife—she screamed out, "For God's sake, Tom, save me; save me!" and rushed into my room—her head was then smothered in blood—the prisoner was behind her—he had a ginger-beer bottle in his hand with which he was striking her on the head—he struck her twice—she crept under my bed, which is about a foot and a half from the floor—the prisoner made several blows at her while she was there, but he could not lift his hand high enough to strike her—he had then a piece of the chamber-pot in his hand—he struck her twice when she was under the bed—he meant to give violent blows—they were both quite sober—he did not say anything when he was attacking her—I jumped to his side, and caught the ginger-beer bottle out of his hand—he snatched it from me again, and I snatched it back again, and then went down stairs and called for the police—they arrived just as I got to the door—the woman was then under the bed—when I next saw her she was down stairs in the back-room—I have known the prisoner about five months—he is not insane—he was always sociable, as far as I saw, very agreeable company—I have noticed nothing peculiar
in him—I have heard words between him and his wife before this—she gota month's imprisonment some time ago, and that preys on his mind, I believe—I cannot say what it was for—I did not hear the least noise before I heard the smash in the prisoner's room—the partition between the rooms runs about half way up.
GEORGE WATSON . I am a whip-maker living at 30, Old Pie-street, on the second floor—on Tuesday morning, 12th July, I heard screams of "Murder" from Mrs. Ryan—I rushed down stairs and saw the prisoner and his wife in Murphy's room—she was under the bed, and I saw the prisoner's hand working as though he was striking at her—I had lived in that house about nine weeks—I had seen the prisoner there.
JOHN ANDREWS (Policeman, B 65). On 12th July I was called to 30, Old Pie-street, Westminster, and saw the prosecutrix—her head was bleeding very much, and I immediately sent her away to the hospital—I then went into the room where the prisoner was—the place was covered in blood, and the chamber utensil was broken into different pieces; and also these pieces of a ginger-beer bottle, which was given to me as the thing he had hit his wife with—there was blood on the piece of the utensil—I took the prisoner into custody—I asked him if it was his wife he had assaulted—he said, Yes, she was his wife, but he did not suppose she was now.
AZARIAH RICHES (Policeman, B 264). I went to 30, Old Pie-street, on 12th July—I saw the prosecutrix—all the back part of her head was battered in—she also had a cut on her arm—I took her to the hospital.
CHARLES ST. AUBYN HAWKINS . I am house surgeon at Westminster Hospital—on 12th July, about half-past 9 in the morning, Mrs. Ryan was brought there—she was suffering from six severe scalp wounds on the top and back of the head—two or three of them were very severe, laying the bone bare—she was in danger—persons suffering from scalp wounds, however slight, are always in danger—this bottle would be likely to cause such wounds.
GUILTY of unlawfully wounding. — Confined Twelve Months.
MR. LANGFORD conducted the Prosecution, and MR. WOOD the Defence.
ROBERT LEONARD . I am a musician, and live at 40, Lower Grove-street, Commercial-road—about half-past 7 on the night of 12th July I came home—the prisoner lodges in the same house—I found him in the parlour—the landlady asked me to play a tune—the prisoner could hear that—I said I would, and I took out my concertina and played "Good-bye, sweetheart, good-bye"—the prisoner then said, "You b——Englishman play us something we understand; don't play such b——muck as that"—my daughter, hearing a disturbance, came down stairs, and the prisoner struck her in the face—she has not been well since—I said to the prisoner, "What do you mean by such misconduct as that?" and then another man there, called "Big Henry," who has gone to Germany, struck me with a knife—the prisoner threw sand in my eyes, and I could not see, and I was then struck at the back of the head with a knife—my daughter saw the prisoner strike that blow—I could not see—the prisoner went outside and got the sand, then he and Big Henry got me in the passage, and jumped on me, and I was insensible, and all over bruises—I was taken to the hospital and could not go to my employment for three weeks—I was bleeding for about an hour and a quarter—I did not strike the prisoner.
Cross-examined. Q. Did you know the prisoner before this? A. I had seen him in the house—he is a single man—he has a sweetheart, I believe—I have never spoken to him about his sweetheart—I never made any remarks, nor have I heard others—I had lost a pocket-book, and when I came home I asked the landlady whether she had it—she said, "No"—I said, "I should like it back again"—I certainly did not charge the prisoner with stealing it—I accused nobody of taking it—I was not more lively than usual that night—I had perhaps three glasses of cooper the whole evening—I was out about ten hours at a public-house in the City—I was not excited at all—the prisoner hit my daughter very hard—he did not make her cry—the blood ran down her face—there was another man in the room besides the prisoner and Big Henry—they were passing remarks about the tune I was playing—I don't know whether the knife is here with which I was stabbed—I was struggling with Big Henry to get away—the prisoner was behind me then—I did not touch him.
MR. LANGFORD. Q. Had you any intention of insulting the prisoner when you played that tune? A. No—I shook hands with the landlord and landlady.
ADELAIDE LEONARD . I am the daughter of the last witness—on the night of 12th July, between half-past 7 and 8, I was up stairs, and heard my father come in and play on the concertina in the front parlour—I then heard some words, and heard the prisoner say, "Don't play that b——muck; play something we understand"—I went down stairs and stood by the door—I could see the people inside—I asked my father to come up stairs, and the prisoner struck me in the face, and I bled a little just under the eye—my father said to the prisoner, "What do you mean by this conduct?" and then" Big Henry "struck my father on the back part of the head with a knife—the prisoner went outside, got some sand, and threw it in my father's face, and he could not see—the prisoner then struck him, and pulled him down—I did not hear him say anything—he struck my father with a knife on the back of the head, and then he and "Big Henry" pulled him down, and both kicked him—they did not both use the same knife—I did not see the handle of the prisoner's knife; it had rather a large blade—I am sure there were two knives—I went afterwards with my father to the hospital—he was rather insensible.
Cross-examined. Q. How do you know what time your father came home? A. I heard him come in—I heard him playing—I was getting tea at the time—I could hear what the prisoner said; the door was open—I did not say anything to the prisoner at all—the mark where he hit me is not quite gone yet—I did not see my father struck on the shoulder by the prisoner.
ABRAHAM COOPER (Policeman, H 27). On the evening of 12th July, about a quarter to 10, from some information given to me by some people who were round Leonard's house, I went to a cooperage at the back—there is a wall between Leonard's house and the cooperage—when I went into the cooperage I saw the prisoner behind a door at the further end of the shed, at the rear of No. 40—he said, "There is the man," pointing over the wall of a beershop next door—I believe he said, "I am not the man"—the cooper who was there said to him, "What are you doing here?" and he said, "I got here for fear the police would take me."
Cross-examined. Q. Was he not at work in the cooperage? No; he seemed to be standing behind the door—he spoke before I saw him—I found no knife anywhere—another constable searched the place—I have
tried to find "Big Henry"—I believe he has left the country—I did not see him on this occasion—for all I know, he might have been over the wall in the public-house—I know the prisoner has been at work in that neighbourhood for twelve months—I have heard nothing wrong of him.
NATHANIEL HECKFORD . I am one of the surgeons of the London Hospital—on the night of 12th July the man Leonard was brought into the hospital I dressed his wounds—there were three small punctured wounds on the scalp—they were not done with a pointed blade—the knife could not have had a point; they were jagged wounds—they could have been done with the broken end of a clasp knife—he had bruises on the hip and arm; they would be produced by stamping on him—he was not in the hospital at all—they were not dangerous wounds; they were not produced by a sharp-cutting edge.
Cross-examined. Q. You would think it was a peculiar instrument that caused those wounds? A. Yes, as to sharpness—they might have been caused by the same knife—there was nothing to mark any particular distinction between them—a knife probably would produce them all, but it would not be an ordinary knife.
The prisoner received a good character.
NOT GUILTY .
808. HENRY DEMPSEY (23), THOMAS BEEHO (28), MARY ANN BROUGHTON (41), and SUSAN SEYMOUR (19) , Robbery with violence on John Smith, and stealing 1 watch, 1 guard chain, 1 umbrella, 2 pairs of spectacles, 1 newspaper, and 20l. in money, his property.
MESSRS. COOPER, LILLET, and WOOD conducted the Prosecution. MR. DALEY defended DEMPSEY, MESSRS. THOMPSON and BESLEY defended BEEHO, and MR. MONTAGUE WILLIAMS appeared for SEYMOUR.
JOHN SMITH . I live at Vauxhall-terrace, Kennington-lane, and am barman at the Royal Vauxhall Tavern—last Wednesday week, 10th August, about 4 in the afternoon, I was passing along King-street, Soho, and saw the prisoner Seymour, the young one, going into a doorway with a can in her hand—she said, "Will you walk in;" and I walked into the front parlour on the ground floor—it was a decently-furnished room, but was rather in disorder—there were folding-doors leading into a room behind—Seymour said, "You will excuse the room being in disorder"—that was all that passed; and then the prisoner Beeho came in directly, and asked what business I had there with his wife—I told him that I was not aware she was his wife, or I should not have come in—he did not say anything to that, but directly after Dempsey came in, and said to Beeho, "What is this disturbance in my house? you had better leave; pay me my rent, which is 2l. 5s., and go"—he then asked me if I would pay the 2l. 5s. for Beeho—I said I could not—he directly said, "You can; now, sir, I shall be desperate with you," and he seized me by the throat and held me very tight—I said to him," Don't hurt me, and I will give you what money I can"—I took my green purse from my pocket, and he snatched it out of my hand, and took out the contents, which were 2l. 10s. and a few shillings—he then said, "You have got some more money about you," and he began to rifle me about—he felt something in my waistcoat pocket, and he took out a little tobacco-box, which contained nineteen sovereigns—he went to the window and counted them, and then gave me the empty box back again—Beeho then said, "Now I am not satisfied with you; I shall make you draw up a paper and sign for 10l., 20l., or 50l."—they sent out for a sheet of paper—I told them I could not write it myself, I was in such a trembling state—Beeho
then wrote on a paper, and it was given to me to sign, but I could not hold the pen—all the prisoners were then in the room—Broughton came in soon after Dempsey—they asked me for an address, and I gave a false one; at Hampstead—afterwards, when I found it was assuming a terrible affair, I gave the right address of my employer, Mr. Garrard—Beeho then drew up another paper, a similar paper, placed it in an envelope, and made me direct it in the best way I could—it was done in such a manner that my employer could not understand it—I have not seen either of those papers since—I did not sign this paper (produced); I only directed the envelope—this paper is what Beeho drew up for me to sign—I think this was the first—after I had given the correct address the male prisoners went out, after locking me in, with the two women—they said they should not be gone above ten minutes—they returned in about an hour—the women sat still all that time—I don't believe I spoke to them all the time—I was equally in fear with them, as with the men—I don't think I asked them to let me out—I do not recollect doing so—I should think it was near 6 when the men came in again—Dempsey said, "You have told us the truth this time; but you are the landlord, and not that gentleman with the beard"—he then said, "Now, sir, you have got some more money about you;" and they began to rifle about my pockets again—Dempsey felt my watch and chain, which I had slipped down into my fob-pocket, and took it—Beeho was standing over me at the same time, and the women were in the same room—they were all four together—I then said, "Will you now let me go? you have got everything I have got"—they took a newspaper, and some spectacles, and an umbrella, which I had hung up on a shelf, and which was afterwards found in the bed—Dempsey then bundled Beeho and Seymour out into the street, and said, "Get out of my house"—I went too, and Dempsey, and Beeho, and, I think, Seymour, followed me—when we got out they got pushing me along, and asked me if I would have anything to drink—my mouth was so parched up I did not know what to do—they asked if I would have a bottle of lemonade, and I did—I went into a public-house with Dempsey—he had something at the same time; I don't know what—we came out, and Seymour, Dempsey, and Beeho walked with me—Dempsey and Beeho then said, "You had better get on home"—I said, "I will," and I bade them" Good-night," and got away—I should think it must have been near 11 then—I went directly to Vine-street station, and made a complaint there—I gave a description of the house, and I then went there with a policeman—I had no difficulty in finding the place—the policeman knocked at the door—some one tried not to let him in, but be put his toe between the door and went in—I went in after him, and saw Dempsey, Broughton, and Seymour—Beeho was not there—I said, "Those are the three prisoners that I give into custody"—I assisted the policeman in making a search—there was nothing found then of mine, except my umbrella, which was found tucked in the foot of the bed in the front room—there was an area in front of that room, between that and the pavement, and some iron railings—this umbrella, this watch and chain, this newspaper, tobacco-box, purse, and two pairs of spectacles (produced) are my property—I know nothing of this pocket-book—I had 2l. 10s. in gold, and a few shillings, in my purse—that is all I have recovered.
Cross-examined by MR. DALEY. Q. How many hours were you there altogether? A. Five hours, as near as possible—the parlour-door was shut when I went in first, and shut after us when I went in—no one besides the prisoners came to the door and said they would not have a disturbance in the house—
the landlady did not—I saw a person distinctly come to the window, previous to the door being opened, and that was Dempsey—that was before Bronghton or Dempsey came in—it was a very small house, I should say—it is not a crowded street—the blinds were up when I went in—I don't know who drew them down, they were drawn down by some one—the front parlour is a bed-room—the window is not two feet from the street—I did not hear persons going up and down the stairs while I was there—I saw some brass plates outside on the door—I did not ask the women to let me go, because I was equally afraid of them as I was of the men—I was afraid of my life—I did not send out for any brandy—I did not give half a crown, or any money to send for some—I think Seymour brought me some pale brandy to drink while I was there—I think it was two half-pints—no, it was only one half-pint—I did not give the money to buy it—I did not take any of the brandy, or brandy and water, I was afraid—I took some of the porter out of the can which Seymour had in her hand when I first came into the house—the other prisoners were not present then—I have a quarterly salary—I do not usually carry such a large sum of money about with me—I had some idea of putting it in the Post-office Saving's bank—I did not do so; I don't know why—I left home about half-past 10 in the morning—I had the money all day—I was out for my holiday—I first walked to Fulham, to a friend of mine, and had two glasses of porter there—I then walked to Montpelier-place, and had a pint of cooper, I dare say—I had nothing more than I took any other day—I was not three minutes in the room with Seymour before Beeho came in.
Cross-examined by MR. THOMPSON. Q. How came Beeho to draw up that writing? A. I cannot tell you—I had been in the room-perhaps half-an-hour before they drew up that—I took the pen in my hand to sign it, but I could not hold it—there were two windows in the room—I was sitting against one of them—it was not open—I would not swear it was not, but I do not think it was—I had my coat on—I had no object in going into King-street that I know of—I almost forget where I was going to—I had no decisive object in view—I was walking about—King-street leads from Newport-market, and from Princes street and Coventry-street—I did not go there as a likely place to find enjoyment—I gave a false address at first, intentionally; I did not wish the case to be known—I knew perfectly well what I was about.
Cross-examined by MR. MONTAGUE WILLIAMS. Q. Where did you mean to go when you left home? A. Out for my holiday—I did think of going to Croydon—I had not made up my mind where to go—I get a holiday once a month—I walked just where I felt disposed—I sometimes put all my money in my pocket when I go out for a holiday—I am not in the habit of following all the young girls I see taking beer into house—I did not go into the Haymarket at all on this day—I am from Fulham—I got out of the omnibus at the top of the Haymarket—it was about half-past 3 then—I then went round Liecester-street, merely for amusement, nothing else—I then turned up a street and came round by Newport-market, and then turned back again and came down King-street, because I had some idea of taking the omnibus to Hampstead—I don't know why I did not—I am quite undecided, when I am out, where I go—I looked at Seymour when I got to the door where she was, and she said, "Will you walk in?"—I did not want pressing, and I went in—I was not in the room three minutes with her before any one came in—I will swear I was not there ten minutes—I did not look at my watch—I would not swear I was not there five, it
might have been five minutes—she did not say anything during that time; she only apologised for the place being in such disorder—I drank the beer without saying a word—nothing was said about it—nothing passed in that room but what I have told you—I never touched her, or she me—I never spoke to her—I swear I did not pay for a pint of brandy—I swear I did not send the girl for some brandy—I did not say anything to Broughton when she came in—I know now that this house is occupied by several families besides the prisoners—I did not know it then—I did not attempt to cry out the slightest in the world—I stood as quiet as a lamb—I don't think either of the women left the room when I was alone with them—they did not, I will swear that—it was either Dempsey or Beeho pulled the blinds down—that was after they had taken my money—I will swear that I did not pull one of the blinds down myself, I did not touch them—the men must have left between 5 and 6—I don't know what time they returned—they were only gone an hour—I did not look at my watch—I did not wish them to see I had got one—the men left me with the two women about an hour and a half after I first entered the house, I should think—they were not gone much above an hour—they must have been back before 9—I should think they were back by 8—they were not back by 7—they were away between an hour and an hour and a half—I sat still in a chair during that time—I don't recollect whether I spoke to either of the women—I asked one of the male prisoners before they went if I could go into a back room, and I did so, and came back again.
COURT. Q. You were asked whether you spoke to the women when you were with them alone? A. I asked them if they could let me out, and they said, "No; we are locked in, and you must remain with us."
MR. WILLIAMS. Q. Why have you not said that before? A. I did not think of it—I do recollect now asking both the women if they could let me out, and they said "No"—nothing further—I did not make the slightest a ttempt to go to the door—I did not try to open the window, I sat down quiet the whole time—it was all through fear—I hung my umbrella upon the mantel-shelf when I went in—I did not want it in my hand—I did not take my coat off—I did not take it off while the men were gone—they took it off for me when they came back—Dempsey suggested going to the public-house to have something to drink afterwards, and I went with him—we were there about five or ten minutes—there were some other persons at the bar—I said nothing to them, or to the person serving—I was still as a lamb—when I got outside I wished them good nighty and said I should go home.
MR. LILLEY. Q. And then did you immediately go to the police-station? A. Yes; the two windows in the room were side by side—I have not the envelope here which I directed—I wrote it in the best way I could—I could hardly write at all—(Paper read) "Aug. 10th, 1864,—I hereby acknowledge that I have had intercourse, or criminal connexion, with Susan Hall, at 30, King-street, Soho-square, on the afternoon of Wednesday, during the hours of 4 and 5 o'clock, P. M. the said Susan Hall being the wife of Thomas Hall. I, the undersigned, do solemnly declare the above to be true; I likewise am willing to remunerate the said Thomas Hall in the—"
HENRY ALLEN (Policeman, C 20). On the night of 10th August, the last witness came to the Vine-street Police-station, and gave me some information, in consequence of which I went with him to No. 30, King-street, Soho—I knocked at the door, it was opened by Seymour—when she saw me she tried to close it—the prosecutor was close beside me at the time—she could see him, I think—I put my foot between the door and the post, pushed the door open and entered the house—I called the prosecutor in after me—
it was very dark in the passage—I said to the prosecutor, "Do you know anything of this female here," meaning Seymour—he said, "Yes; I think that is the female who took me in,"—I then took her into the parlour, where there was a light, and Broughton and Dempsey were there—the prosecutor said, "Those are the three persons who were in the room, and another man besides"—I then said to Broughton, "What is all this about?" and neither of them made any reply—the prosecutor pointed to Dempsey, and said, "That is the man who took me by the neck and robbed me"—I then sent the prosecutor out for assistance, and told them that they must consider themselves prisoners—I saw Dempsey stand up, put his hand into his breastpocket, take this watch from it, and pass it to Broughton—he then walked round Seymour and passed something to her—I could not swear what it was—Dempsey then wanted to leave the room, and I said, "You must not leave this room at present, you must consider yourselves as prisoners," then Broughton wanted to go out, and I said, "No; neither of you must leave this room"—during that time I saw Dempsey take this pair of spectacles from his trouser's pocket and pass them to Broughton—they fell on the floor through the folds of her dress, and I picked them up—Broughton then took the watch from her dress and passed it back to Dempsey again, and he concealed it under the bed-clothes—I put my hand to take it, and he said, "I have the watch here, I will give it to you, it was left here for 10l." and I took the watch from his hand—Seymour went into the back room after Dempsey passed something to her—I could not keep them all three together all the time—when two other policeman came I made a search on the table—I found that paper, and in the bed, under the clothes, I found this umbrella concealed—the prosecutor returned with the other policeman and identified the umbrella—I then searched Dempsey and found a purse containing nineteen duplicates, 8s. 41/2d. some studs, and a ring for the handkerchief—this is the purse (produced)—we took them to Vine-street station—the two females were searched by the female searcher—from certain information I received, at 4 o'clock that morning, I went to a coffee-shop in Castle-street, Leicester-square, where I found Beeho in bed, fast asleep, with a female—I woke him up and told him I wanted him on a charge of being concerned, with Dempsey and others in custody, in robbing a Mr. Smith, at 30, King-street, Soho, of 21l. 10s. and a watch and chain—he said he knew nothing of the robbery, he had sold a dog last night—I searched a coat that was there—the same he has on now, I believe, and found these spectacles and this newspaper, and on the table I found a purse containing nineteen duplicates—I took him to the station, made a further search, but found nothing more—at the police-court twelve sovereigns were produced by Sergeant Cole, and two by the female searcher—this small purse and tobacco box were given to me by the prosecutor.
Cross-examined by MR. WILLIAMS. Q. Did you find anything in the back room? A. No—I searched.
EDWARD GOOCH GARRARD . I am landlord of the Royal Vauxhall Tavern, Vauxhall—Smith, the prosecutor, was and is my barman—on Wednesday, 10th August, he left my house for a holiday—on the evening of that day, about 8 or half-past, I saw the two male prisoners at my house—they brought me a letter—I had great difficulty in reading it—I had not the slightest idea whose writing it was—it was very badly written—I know Smith's handwriting—it was very different from his usual writing—the prisoners said that they had brought it from a man named Smith, and described him, so that I thought it was my barman—Beeho said it was about a bill of exchange for 20l.—I said I knew nothing at all about it—the letter
requested me to let the bearer have 20l., as there was urgent necessity for it, or something to that effect—Dempsey took the letter back after I had read it—I said I did not know the writing, and he then pointed to the envelope, and said, "But this is his writing"—I said, "I have no knowledge of it at all;" and they then went away—Smith had 2l. from me when he went out in the morning.
Cross-examined by Mr. WILLIAMS. Q. Did he come and ask you for money? A. Yes.
MARY-ANN BOWDEN . I am female searcher at the Marylebone police-station—between 12 and 1 o'clock, on Thursday, 11th August, I searched Broughton, and found on her two sovereigns—they were wrapped up in a pocket-handkerchief in the bottom of her dress—I found nothing on Seymour.
CHARLES COLE (Policeman, C 23). About 12 o'clock, on Thursday, the 11th, I had charge of Broughton in the prisoners' waiting-room at the Marylebone Police-court—I noticed that she had something in her left hand, which appeared to be a dirty white pocket-handkerchief wrapped up very closely—I saw her put her hand towards her mouth—I said, "What have you got in your mouth? open it"—she did so, and I saw nothing in it—I then said, "Open your hand; what have you got there?"—she did, and I saw nothing in it—I kept her closely under observation, and followed her across the yard leading to the cells—when she got into the passage of the cells, Seymour was about being placed in one of the cells by the gaoler, and I saw Broughton put her left hand close to the right side of Seymour's dress, and I then heard something drop—on looking on the ground I saw this farthing—I then laid hold of her left hand, and said, "Hulloa, what's this?" and found the twelve sovereigns now produced, wrapped up in this old piece of rag—she said, "That is my money, sir; I received it of my lawyer about a week ago"—I had known Broughton many years before this—I know Seymour is not Dempsey's wife.
Cross-examined by MR. BESLEY. Q. Do you know that they are intimate together? A. I have never seen them together—I know they are not man and wife—they know each other—I know they have not lived together.
Cross-examined by MR. WILLIAMS. Q. You say you saw Broughton put her hand to her mouth, do you mean to say she could have swallowed that parcel? A. I believe she could have swallowed it—there was no paper round it then—she could have swallowed that rag as it is now—I know an instance of a man swallowing a watch much larger than that.
MR. LILLEY. Q. You have been asked about Beeho living with Seymour, does he live with another woman? A. Yes.
Beeho and Broughton were farther charged with having been before convicted of felony; to which they
BROUGHTON. .— Seven Years' Penal Servitude. BEEHO and DEMP SEY. *— Ten Years' Penal Servitude each.
SEYMOUR— Confined Eighteen Months.
PLEADED GUILTY to having been before convicted in September, 1863. *—FOSTER— Seven Years' Penal Servitude.
THOMAS.— Confined Twelve Months.
OLD COURT.—Friday, August 19th, 1864.
Before Mr. Justice Byles.
MESSRS. METCALFE and RIGBY conducted the Prosecution, and MESSRS SLEIGH and KEMP the Defence.
MR. JUSTICE BYLES stated that as he was not aware of any authority for charging more than one offence in the indictment, the prosecution must elect upon which letter they would proceed.
MR. METCALFE, if compelled to elect, submitted that the other letters might be given in evidence to show the intent. MR. JUSTICE BYLES was of opinion that, although other letters might be given in evidence, yet it could not be those letters, the sending of which amounted to a felony. MR. METCALFE suggested that they would be admissible to show malice, in the same way as on a charge of uttering forged documents, other utterings were provable. MR. JUSTICE BYLES considered that case an exception to the general rule, it was to show guilty knowledge: nothing analogous to that existed here: it was against principle to give evidence of several offences upon one charge. one letter must be fixed upon; any innocent correspondence, leading up to or explaining that letter, might be put in, but no other threatening letter.
EDWARD LLOYD . I am a draper, carrying on an extensive business in Shoreditch—I have known the prisoner about fifteen years—he was formerly in my service as a shop-walker—he first entered my service about 1856, and remained in that capacity two or three years—he left about 1858 or 1859—after he left I took a person named Gadd in my employment—that was in 1863—the prisoner was in my service at the time Mr. Gadd came—according to my recollection, he applied to enter my service again about six or nine mouths ago—I then took him in as fancy-buyer—he left about April last—he wanted an advance of salary, and I told him I could not give him any more—he said he had an opportunity of bettering his position—I said I should be very glad to see it, as he had a large family, and it was his duty to himself and family to do so if he could—at the time he left my service he was indebted to me—I afterwards applied to him for payment—I received this letter from him—(read: "12th November, 1863.—Mr. Lloyd.—Sir—I apologize to you for many foolish things I have done, but let that pass, if you will, I have been a faithful servant to you for nearly fifteen years, and am now in want of employment. I will call on you to-morrow, Friday, at 6 in the afternoon. Please to grant me an interview, and I will tell you all my troubles. You can extricate me without injury to yourself; and I shall ever remain your grateful servant, Robert C. Ward.")—He came the following day—he made a certain apology, and was sorry for what had passed, and I took him back into my service—he told me that the broker was in the house, going to sell his furniture for rent; that he Was in very great distress and trouble, and he had been out of a situation for twelve months; and I was induced to take him back—he remained with me three or four months, and it was then that he left, as I have stated, as he wanted an advance of salary—he was several times in my employment altogether in the fifteen years I have known him—I received this letter in April—it is the prisoner's writing—(This was dated 9th April, and stated that the prosecutor's application for repayment he should treat with contempt, and entered into particulars to show that he was not in his debt)—I don't recollect whether I saw the prisoner
shortly after that or not—I wrote to him to say that he was in my debt—I placed the matter in my solicitor's hands; it is not settled yet—I did not see the prisoner again—I received this letter on the morning of the 13th July—I believe it to be in the prisoner's writing, but in a feigned hand—this other letter, beginning, "Look out," I received on the morning of the 14th—I believe that to be in the prisoner's writing, in a disguised hand—(reads," London [date of post-mark, March, July 13th].—Mr. Lloyd.—Look out for next Saturday night, you Welsh b——; I shall put a stop to your future life, and serve you in the same way I did old Briggs on Saturday last; also old Gadd—yours, The man that means to murder you."—On the receipt of that letter I instructed my attorney, and took proceedings against the prisoner.
Cross-examined by MR. SLEIGH. Q. Did you take that letter to the police-station? A. No; I gave it to my attorney, I think, on the 14th—I was not aware that the prisoner was taken into custody on the charge of murdering Mr. Briggs—I have not heard of it—I received another letter, but I have never ascertained from whom; I suspected it was from a person other than the prisoner—I had a person named Rowden in my employment—he left, I think, the day before yesterday—I did not discharge him; I was unwell that day, and was not at business—I believe Mr. Gadd discharged him in consequence of his coming to this Court, and staying here all day, when he was told he would not be wanted—he was attending here on a subpoena on behalf of the prisoner—I told him by all means to attend if he was subpœnaed—I don't think I ever showed this letter to Rowden—Mr. Tisley, my clerk, and Mr. Gadd have seen it—I have about fifty-five persons at present in my employment—I have discharged several persons in the last year or so—I have not refused to give them good characters; I never refuse a man a character; but I am always very particular in giving them a correct character—I have had occasion to decline giving a good character—I see some men in Court now who I was obliged to discharge in consequence of being drunk in hours of business.
MR. METCALFE. Q. Did you tell Rowden that he might come here? A. Decidedly; I told him to attend—on one day this Session I was ill, and unable to move—I sent a letter in the morning to Mr. Gadd to say I should not be able to attend, and he told Mr. Rowden that he need not come to the Court, as I could not attend—the trial was postponed—there is no truth in the insinuation that I endeavoured to keep Rowden away.
HENRY TISLEY . I am clerk to Mr. Lloyd—I have been in the habit of seeing the prisoner write frequently—I think we have lived together in the same employ about two years, but I have known him about fifteen, and had business transactions with him five or six years ago—I was then in the, habit of seeing him write during that time—I know his handwriting as well as possible almost—I believe this letter of 13th July to be his writing—I refer to both—the one beginning, "Look out," is his writing—the address is in the writing of the same person—there is a strong resemblance to the prisoner's in the shape of many of the letters and the general character of the writing, the capital L more particularly.
Cross-examined by MR. KEMP Q. What are you in Mr. Lloyd's employment. A. Clerk and cashier—I do not occupy the same position that the prisoner previously filled; I believe Mr. Gadd does—I was in Mr. Lloyd's service at the time the prisoner was there; I also knew him when he was in
business for himself—I have written to him on business more than once, and he has written to the firm—I have seen those letters—I consider the writing of this letter decidedly disguised—I could not say that it was better or worse than the prisoner usually writes; it is very much disguised—I do not consider it better or worse; the same, simply disguised—in my opinion, I have seen him write as well as this—his ordinary writing is of a more angular description certainly—this letter of 12th November is his writing—that is not disguised—I do not consider this letter of 13th July much better written than that.
MR. METCALFE. Q. You only think the one is natural, and the other disguised? A. Yes—I am certainly strongly of opinion that this letter of 13th July is his handwriting.
JOHN WILLIAM COLE . I am a letter carrier in the North-eastern district—on the morning of 13th July, I delivered letters in the district in which Mr. Lloyd lives—this letter was not delivered by me—the postmark is genuine.
MR. LLOYD (re-examined). This letter of 18th April is the prisoner's writing.
The following Witnesses were called for the Defence:
JAMES ROWDEN . Until lately, I was in the service of Mr. Lloyd for about eleven months—I was discharged last Wednesday, about 4 o'clock—I do not know the handwriting of this letter (13th July)—I can't say that I have seen much of the prisoner's writing—I have seen him write—he was at Mr. Lloyd's at the same time as I was—during that time, I have seen his signature to bills—I should not say this letter was his writing; it is not—there was a letter shown to me by Mr. Lloyd; whether it was this one I could not say; it was similar to this.
Cross-examined. Q. How often have you seen the prisoner write? A. I have seen him put his signature to bills; not his name, only his initials.
EDWARD PIGGOTT. I am an accountant, and carry on business at 1, Guildhall-chambers—I have known the prisoner twelve or thirteen years—during that time, I have frequently seen his handwriting—to my solemn conviction, this letter, beginning "Look out, is not his writing."
Cross-examined. Q. Have you seen him write frequently? A. Frequently—I saw him write two or three days ago—that was not writing for the purpose of my giving evidence; it was a list of his witnesses—it was written before me—I knew that I was coming up as one of his witnesses—I have seen the writing in his books seven years ago, from seven to ten years ago—I have also seen him write within the last two or three weeks since this prosecution—with that exception, I don't think I have seen him write since seven or eight years ago—he wrote to me two or three weeks ago, to thank me for having appeared at the Police-court to bail him—I can't say whether this is a feigned or a natural hand—I do not see any identity between that and Mr. Ward's—I should say it was a natural handwriting—I see nothing in the address to alter that opinion, that it is a natural handwriting; and not the writing of the prisoner.
MR. SLEIGH. Q. Have you at times corresponded with him? A. Not for the last six years—I frequently went to his house on business—I attended to his accounts.
COURT. Q. Had you ever seen that letter of 13th July till it was put into your hands just now? A. No.
I have had opportunities to become acquainted with his handwriting—I have corresponded with him, and acted upon his writing—I have never seen this letter before to-day—in my judgment and belief, it is certainly not in the prisoner's writing—he has always borne the character of a highly respectable man.
Cross-examined. Q. You say it is certainly not his, you have no doubt at all about it? A. I don't believe there is any moral doubt at all about it; I have none—it is not a bit like his writing—it looks to me something like a natural handwriting—there does not appear anything feigned about it—I have here a letter that I received from the prisoner about eight weeks ago, before this prosecution—I believe I have had thirty-five or forty letters from him altogether—I went to the Police-court when he was charged—I did not give any evidence there—I did not propose to do so—I did not look at this letter or the direction—I never saw it till to-day—the address appears to me in the same writing as the interior.
JOHN HUTCHINSON . I am a mantle manufacturer, at 57, Aldersgate-street—I have known the prisoner sixteen or seventeen years—I have always considered him a highly respectable, honourable man—I have had many opportunities of becoming acquainted with his handwriting up to within the last six months; not letters, merely business transactions—I have never seen this letter before to-day—I think it is nut in the prisoner's writing—I never saw any writing of his like it.
Cross-examined. Q. In your belief, is it a feigned or genuine writing? A. I really do not know; I don't think it is the prisoner's writing—I really don't recollect whether the capital L is like his—I don't remember seeing a capital L of his—I have an invoice of his in my pocket—I have not had letters from him, merely invoices in the way of business—I can swear those were written by him, because I have seen him write a portion of them—I have seen him give me a receipt, at any rate—I can't say how many times I have had invoices and receipts; perhaps three or four times in the course of a year; not lately—he has not been in business lately, but Mrs. Ward has—I could tell by the invoice bow long it is since (producing it)—that is dated September, 1863—I think the whole of this is in his writing—I did not see him write it—I think it is, I am not certain—it is the same writing as another one that I have in my pocket—that is what I found my belief on—I certainly think it is his writing.
MR. SLEIGH. Q. Do you found your belief upon the different documents that you have had from him at different times? A. Certainly—(the invoice was handed to the Jury).
RICHARD WALLINGTON . I am town traveller to Mure and Co.—I have known the prisoner some ten months, and have had a few opportunities of becoming acquainted with his handwriting, by correspondence and by signatures, and writing that I have seen—I have received letters from him, and have seen him write—I have never seen this letter before to-day—in my judgment, it is decidedly not the prisoner's writing, nor any part of it.
Cross-examined. Q. Is it at all like the prisoner's? A. Nothing like it—I did not go to the Police-court—I heard that the prisoner was charged—it was adjourned two or three times—I knew that—I first heard of it while it was standing over—I did not go there to tender my evidence, or to look at the document—my name is Wallington—I have always gone by that name, not by the name of Tilsey; Tilley; Richard Wallington Tilley is my real name—I changed it because I have been a bankrupt—that was some
three or four years since—I was in Mr. Lloyd's service—I was discharged by him—I have had a good deal of opportunity of seeing the prisoner write when I was in Mr. Lloyd's employment.
WILLIAM EVE . I am in the employment of Messrs. Spence, Baggallay, and Co. of Love-lane—I have known the prisoner eleven years, and have had very many opportunities of becoming acquainted with his handwriting during the whole of that period until within a few months—I have seen him write, and have received letters from him, and in business—I have never seen this letter before to-day—in my judgment and belief no part of it is in the prisoner's handwriting.
Cross-examined. Q. That you say positively? A. Positively—I have not the slightest doubt about it—it is not the least like it—no one could positively mistake it for his—I have seen him write letters—I was in his employ for about five years—that terminated about 1860—he was in business in Brompton—he was in business for five years prior to 1860—I was with him five years—I knew that he was charged with this—I heard it in our warehouse, while he was before the Magistrate—I did not go before the Magistrate.
MR. SLEIGH. Q. Have you attended here on a subpoena? A. I have WILLIAM KEYLOCK. I am an agent and warehouseman, of 32, Ironmonger-lane—I have known the prisoner many years, at least ten—I have had many opportunities of becoming acquainted with his writing—I have seen him write bills of all sorts—I have never seen this letter before—if it is the prisoner's writing, I never saw anything at all like it, in my judgment—I could take my oath it it not his—I do—it is not a bit like it—I have not been subpœnaed; I came voluntarily—I have seen hundreds of his letters and other things.
Cross-examined. Q. What, bills? A. Shop-bills, and invoices of goods that I have bought of him, and bills of exchange, whilst I was in business—I have had many bill transactions with him—I don't owe Mr. Lloyd anything on a bill now, because I have been through the Bankruptcy Court, and so got rid of the liability—I paid about fifteen or sixteen shillings in the pound, something like that; not in Lloyd's affair, that was subsequently—I have not been through twice—I was insolvent in 1857, and bankrupt about three years ago—it was the first time that I paid fifteen shillings in the pound—in Lloyd's affair, I paid nothing at all—I heard of this case about two days ago—I came to this Court by accident—I heard there was something of the sort on at the Police-court, but I was not asked to come—I never asked to see the document which the prisoner was charged with writing.
COURT to MR. LLOYD. Q. Is Mr. Gadd your shop-walker? A. Yes; he was so shortly before the prisoner left—he has been my shop-walker nearly two years.
GUILTY on Third Count.—Recommended to mercy by the Jury, believing he did not intend to commit any serious mischief, and also by the prosecutor. — Three Years' Penal Servitude.
MESSRS. SLEIGH and COLLINS conducted the Prosecution. In this case the child, the step-daughter of the prisoner, was unable to be sworn in consequence of her apparently distressed state of mind.
NOT GUILTY .
MR. RIGBY conducted the Prosecution. ROBERT LAW. I am a collar-maker, and live in Victoria-road, Cambridgeheath-road—about half-past 12 on the morning of 14th July I was in the Hackney-road—the female prisoner accosted me, and asked if I would stand something—we went into a public-house opposite Shoreditch Church, and she had a glass of gin, and I had a glass of ale—we then walked down the Hackney-road together—when we got as far as Weymouth-terrace I left her—she called me back again and said she had something to say to me—I went back, and she made a snatch at my chain, and ran away with it—she did not say anything—she got my chain and watch, with a locket attached, and left the key in my button-hole—she proceeded a little distance and fell down, and then for the first time I saw Rose—he came and assisted her to rise, and they both ran on together—I followed them, and just as I was catching hold of Jameson, turning into Little Cambridge-street, Rose came behind me, and struck me with his hand—I fell down—they both ran on together—I got up again and pursued them—I kept them in sight; they were a long way in front of me then—I saw Jameson taken by the policeman in the Hackney-road—I did not see Rose taken—this is my watch—the chain is not here—mine was a gold one—this is my handkerchief—I must have lost that out of my pocket.
FREDERICK BAMFORD (Policeman, N 561). I was in the Hackney-road on the night in question, and saw Jameson talking to the prosecutor—I watched them—all at once I observed her make a rush at the prosecutor and knock him in the middle of the road—as he was falling he pulled her along with him—Rose went to pick her up, and as soon as he had done so they made off together—the prosecutor got up directly and pursued them—just as the female prisoner was going to turn into Little Cambridge-street the prosecutor went to catch hold of her, and Rose ran behind him, gave him a blow in the head, and knocked him down in the middle of the road—I pursued them—seeing another constable in Brunswick-street I said, "Go and stop them"—he ran on past the female, and I caught her in the Hackney-road—my brother constable caught Rose.
WILLIAM MEAD (Policeman, N 293). I was on duty on 14th July—I saw the prisoners running down Brunswick-street—I went into the middle of the road and heard the prosecutor say, "Stop that woman"—I passed by the woman, and stopped Rose in the Hackney-road—I saw him put his hand into his side pocket and throw the watch away—I took him by the collar of his coat and went and picked up this watch—the ring of the watch was picked up also.
Rose. Q. Which pocket did I take it out of? A. Your left side pocket—I don't know whether it was your coat or trousers pocket—I saw the watch in your hand under the gas lamp, and I saw you throw it away—you reached it with your right hand—I picked it up.
Rose's Defence. I was coming down the Kingsland-road when the female ran by me and fell. There was no cry of "Stop thief." I helped her up. The prosecutor came running up drunk, with his umbrella in his hand; as he ran he got his umbrella between his legs and fell and grazed his hand, and then he said I knocked him down. No one ever saw me receive the watch, or throw it away, or ever saw me in company with the female. The policeman and the prosecutor contradict each other; one says I knocked him down, and the other says the female did. The policeman never saw me with the
watch; how could he tell what I had in my clenched hand? He walks me to the corner, where there was a lot of persons, and says to one of them, "Pick up that watch." I am innocent of the charge; the policeman is at the bottom of it all; he told the prosecutor to say I knocked him down. I never laid a finger on him.
Jameson's Defence, This young man was not with me.
Rose was further charged with a previous conviction in April, 1863; to this he
PLEADED GUILTY. The officer stated that there were other summary convictions against him.
ROSE— Seven Years' Penal Servitude.
JAMESON— Confined Twelve Months.
NEW COURT—Friday, August 19th, 1864
Before Mr. Common Serjeant.
WILLIAM CROFT (Policeman H 129). On 6th August I was on duty on Tower-hill, and ray attention was called to the prisoner, who was sitting with only his trousers on—he had his shirt off, and was mending it with a needle and cotton—I told him to put on his shirt and go away—he said he would see me b——d first, and cut my b——y head off—he struck me a violent blow on the leg with a stick—I called another constable, who came up, and the prisoner struck him—I took him in custody, and he carried the shirt with him—I found this knife on him, and three large flint stones—he was quite sober.
Prisoner. I will be thankful to your Lordship to let me out of this prison sooneroor later, for I have no business here, and I do not want to stop; I have had plenty of prison for the last two years to last me twenty years.
GUILTY on Second Count. *— Confined Four Months ,
815. WILLIAM CHERRY (38) , Unlawfully attempting to carnally know and abuse Mary Caroline Law Jones, aged nine years. Second Count, for a like offence on Matilda Randall. Third Count, for a common assault on Mary Caroline Law Jones. Fourth County for a common assault on Matilda Randall.
MR. COLLINS conducted the Prosecution, and MR. PALMER the Defence.
GUILTY on First and Third Counts. —He received a good character.—
Confined Twelve Months.
THIRD COURT—Friday, August 19th, 1864.
Before Robert Malcolm Kerr, Esq.
MR. PATER conducted the Prosecution, and MR. DALEY the Defence. JOHN JONES. I live in Case-street, Millwall, and work at a forge—a little after 4 on the morning of 14th August I was aroused by a party who lived in the house—I found the window in the front parlour broken—it was all right when I went to bed—I missed a pair of trousers which had been on the arm of the sofa—they could have been taken from the window—the sofa was only a yard and a half from it—I went out with two others—my missus went up the road to look for a policeman—I saw the prisoner about ten minutes afterwards—we caught him about 400 yards from the house—we overhauled his bundle, saw he had not got the trousers, and gave it him back—we asked him if he had a pair of trousers—he said, "No," and we let him go—I saw him again about a quarter of an hour after—these (produced) are the trousers.
Cross-examined. Q. You are quite sure these are your trousers? A. Yes; we said to the prisoner when we first stopped him," Some one has just broken into the house and taken the trousers," and he said, "I have not got the trousers"—I said, "Do you know anything of the trousers?" and he said, "No."
JOHN BOWDEN (Policeman, K 473). I received some information on the morning of 14th August, and met the prisoner carrying a bundle—I said, "What have you got in here"—he said, "I have got two dead fowls, which I bought of a man at Black wall"—I took him back a short distance and met another constable—I noticed that the prisoner looked bulky—I searched him, and in his trousers I found a dead rabbit, and these trousers, which he had got rolled round his waist—I examined the window at the prosecutor's house, and saw a square of glass broken.
ANN JONES . I am the prosecutor's wife—I saw these trousers safe before I went to bed on the night of 13th August—they were near enough to the window to allow a person to put his hand through a pane and take them—my husband closed the house.
The prisoner's statement before the Magistrate:" On Saturday night I had been up in Poplar at a raffle, and got too much to drink. I was so drunk that they led me towards Cubitt's-town. I got into the wrong road, and got into a ditch. I afterwards got out and laid down and went to sleep. Sometime after a man reached me, and asked me if I had any money in my pocket; I said, "Yes, a little;" he asked me if I would buy the things he had, a rabbit, two fowls, and a pair of trousers, and being quite intoxicated I gave him two shillings and half-a-crown. I did not know what I was about on account of the drink."
NOT GUILTY .
MR. DALEY conducted the Prosecution, and MR. PATER defended Johnson.
SAMUEL VINCENT . I am clerk to Henry Phelps Baxter, a farmer, at Southall—on Tuesday, 26th July, I locked up the counting-house, and on 27th, about 5 in the morning, I found it had been broken into, and missed two boxes and some empty bottles—this knife produced was on the desk when I locked the place up—it is mine—the counting-house is attached to the house, and is part of the house—I did not sleep there.
Cross-examined. Q. Is that knife in the same condition as when you last saw it? A. Yes—it is a common knife.
morning, 27th July, about 1 o'clock, I was coming to market with my master's cart—when I got to the gate I saw both the prisoners in the road—before that I saw one of them coming out of the counting-house—I said, "What are you doing there?" three times, and he would not answer me—he joined the other one in the road—I went by them, and they turned back again—there were no other persons about there at that time—not a minute elapsed from the time I saw one of them in the yard till I saw them together in the road.
JAMES STRANGE (Policeman, G 244). On 27th July, I examined Mr. Baxter's premises, there was a pane of glass broken, and a desk had been wrenched all to pieces; the top of it was smashed—I found these boxes some distance away in a corn-field—there were several other things in the counting-house, besides these—there were knives and forks of value there—I saw the two prisoners on the night previous, at five minutes to 1, in the road, near Mr. Baxter's premises—they were standing together—when I passed them they walked towards Mr. Baxter's—I have known them a number of years by sight—I took Harkell into custody—Sergeant Ravening took this knife out of Johnson's pocket, and said, "I believe this came from another job you have been doing"—Johnson said, "It did not, it belongs to me"—Ravening said that Mr. Baxter's premises had been broken open, and that was the knife that had been taken from there—I don't think Harkell heard that.
Cross-examined. Q. Had Johnson his jacket on at the time the knife was taken from him? A. No; he was about putting it on—I believe he pointed to an ash heap where his jacket was lying—Ravening asked the prisoner if this was his knife, and he said "Yes."
NOT GUILTY .
MR. DALEY conducted the Prosecution.
MARY ANN SHEPPARD . I am the wife of Samuel Francis Sheppard a china dealer, of 95, Bartholomew-close—on Tuesday, 5th July, about 11 in the morning, the prisoner came to our shop—I had not seen her before—she asked me if I let things out on hire for weddings—I said, "Yes," and she selected a dozen cups and saucers, a glass butter dish, a glass sugar basin, two large meat dishes, and other things—she said that they were for a wedding, for Miss Collins, No. 1, Cloth-fair, and asked me if I could let her have them in the evening—I said, "Yes," and she went away—about an hour afterwards she come again, and asked me if I could let them have the things directly, as they wanted them before 2 o'clock—I said I could not, as Mr. Sheppard was out—when he came home he peaked up the things, and took them to 1, Cloth-fair, before 2 o'clock—I knew that a Miss Collins lived at that place—I thought the things were for her; if I had thought they were for the prisoner I should not have let her have them—she told me that if we rang the bell she would answer the door, which she did.
SAMUEL FRANCIS SHEPPARD . I am the husband of the lost witness—on Tuesday, 5th July, about 2 o'clock, I took these goods to 1, Cloth-fair—I saw a female there—I did not take sufficient notice to swear to her—I left the goods with her; they were worth fourteen shillings—I left them on the first-floor landing—I have never had them back, or any money for them.
SARAH COLLINS . I keep a school at 1, Cloth-fair—several other persons lodge in the house—I am only a lodger myself—I occupy a room on the first-floor—I never saw the prisoner before I saw her at the police-court—I
never authorised her to get any crockery for me—I was in the country when it was delivered—I never received any glass or crockery from her.
SARAH RICHARDS . I am a widow, and live at 45, Cloth-fair—on 5th July I had a room to let at No. 1, Cloth-fair, and on that day the prisoner came to me and asked to look at it; my boy gave her the key, and she went there—she said the goods were coming directly, and she would wait in the room till they came—I let the room to her.
WILLIAM ROWLAND (City-policeman, 247). About 10 o'clock on 19th July I went to 14, Bull and Mouth-street, St. Martin's-le-grand, and saw the prisoner—I followed her up stairs—she went into the first-floor front room, and some one shut the door—I asked the persons inside to open it, and said I was an officer—some one from the inside said they were all in bed—I then told them that unless they opened the door I should break it open—at that time the prisoner came out, and Mr. Sheppard, who was with me, identified her—I thou told the prisoner that she was charged with obtaining crockeryware from Mrs. Sheppard, to the amount of fourteen shillings, by means of a false representation—she said, "I don't know anything about it; they have taken me for some other person."
STEPHEN FULLALOVE . I am a china-dealer at 61, Farringdon-street—on 5th July, about midday, the prisoner came to my shop and asked if I lent goods on hire—I said, "Yes, what part are they going to"—she said, "To the school-room, No. 1, Cloth-fair"—I asked what she wanted; she said, "Twelve ivory knives and forks, six plated teaspoons, some plates, dishes, and china tea-things," and I wrote them on the slater—she called again about 5 or 6 in the evening, and said, "You have not sent those things to No. 1;" I said, "No, I have not, my dear, they have been rubbed off the slate, but If you will make me out a list I will send them immediately"—she brought this list, and signed it in my presence (produced)—she was to pay five shillings for the hire, and the goods were to be fetched away the next morning—I sent the goods by my man to 1, Cloth-fair—I have never had them back, nor have I been paid for them—I knew there was a school at 1, Clothfair, and that they were respectable people, and on the belief that they were for the school, for the breaking-up, I sent the goods.
THOMAS LLOYD . I am in the employment of Mr. Fullalove—on 5th July last, between 5 and 6 in the evening, I took some goods to 1, Cloth-fair—I rang the school-bell, and the prisoner answered it—she showed me up stairs to a second-floor front-room, and said, "Take the goods out"—I took them out, and put them on a sideboard, which was in the room—it was an empty room—I had been there before that morning to see what was wanted, and saw the prisoner; she then said she would call with a list.
JOSEPH COHEN . I am a china dealer, at 15, Clare-court, Drury-lane—on Saturday evening, 16th July, about half-past 5, the prisoner came to my shop—I had never seen her before—she gave me a paper containing a list of articles—I have a copy of it here; I left the original at Guildhall—there were two vegetable dishes, two mid covers, twelve plates, twelve smaller plates, twelve cups and saucers, a cream jug, a glass butter dish, a chamber service, one decanter, six tumblers, two jugs, and two salt-cellars—she asked if I lent goods on hire; I said, "Yes"—she told me they were for Mr. Robinson, 11, Craven-buildings—I said the price would be ten shillings—she said she thought that would be too much—she went away, came back, and said her mistress would give eight shillings—I refused that, and about
an hour afterwards she came again, and said Mrs. Robinson would give ten shillings—I afterwards sent the goods by my porter—the value of them was 1 l. 8s. 8d.—I have no doubt about the prisoner being the person—I should not have sent the goods if she had not told me they were for Mrs. Robinson. MARGARET OWEN. I am the wife of Jonathan Owen, who is a billiardmarker—I have lived at 11, Craven-buildings for the last month—no person named Robinson lives there, and has lived there for some time—on Saturday, 16th July, the prisoner came and took an unfurnished room on the first-floor—I gave her a latch-key—she went out before 6 and returned again; she afterwards called me up stairs and showed me some crockery, the things which were read out just now, and some other things—she said she had bought them—I was unwilling to let the room to her without consulting her mother, and she went out and came back and said her mother was perfectly satisfied with what she had done, but she was angry with her because she had bought too much, and she was going to get a person to take some of the things back—I afterwards saw a man take the whole of the crockery away—I did not see the prisoner after that till she was in custody. WILLIAM WILSON. On Saturday, 16th July, I was in the employment of Mr. Cohen, and on that evening I took some crockery to 11, Craven-buildings—I was looking about the street for No. 11, and I heard some one tap at the window; I looked up, and saw the prisons, she came down, opened the door, and took me up to the first-floor front-room—she asked me to put the crockery down on the floor; I did so, and left it there—I never took it away—I am most sure the prisoner is the person.
RICHARD HIGGS . I am a china and glass dealer at 18, Stanhope-street, Newcastle-street, Strand—on Saturday night, 16th July, the prisoner came to my shop alone, and asked me if I would buy some crockery-ware of her—I told her it would be inconvenient then, but I would on Monday morning—she said she had bought it of me, and she wished me to take it back again, and said, "Will you come and see it"—I said, "Where is it, "she said, "11, Craven-buildings"—I went with her; she tried for several minutes to get in at the front door; we did not succeed, and we went in the back way—she went to Mrs. Owen, the landlady, and got a light—we went up stairs into the first-floor front, and there were the goods lying on the floor—on entering the room I said, "Where is your furniture?" she said, "The brokers have bought that"—I said, "Why did not the brokers take these?" and she said they would not give her money enough for them—I looked at the things, and said, "If you purchased these of me it must have been some considerable time ago;" she said, "Oh, yes, we have been living here these two years, but I must part with it to-night, for me and my husband are going to Scotland by the first train on Monday morning"—I gave her ten shillings for the things—some of them appeared to be new, but by the small light we had at the time, I could not see them very well—I did not really want them at the time—I have since sold some, and some I have still.
The prisoner's statement before the Magistrate. "I am as innocent as a child. I do not know anything about the cases which are brought against me. Since I left my service at 11, Bell's-buildings, I don't believe I have been half-an-hour out of my mother's house." The prisoner called—
at 14, Bull and Mouth-street—I have been there about three months—my daughter has resided there part of the time—she was in service in Salisbury-square part of the time—on Tuesday, 5th July, she was at home washing in the kitchen, up to between 3 and 4 o'clock—I saw her all that time; she dined with me; she has slept in my house ever since she left service—I have another witness here, a lodger in the same house—my daughter was also at home on the 16th; I recollect it, because she bad got a sore throat, and a bad cold—she was cleaning about and working—she was not laid up in bed.
MRS. STRONG. I live at 14, Bull and Mouth-street—on 5th July I saw the prisoner, between 9 and 10 in the morning, washing—I saw her several times in the course of the day—she spoke to my baby about 4 o'clock, that was the last time I saw her—I saw her only once on 16th, and that was about 12 o'clock, she was cleaning the stairs—I remember her telling me she had a sore throat—I have never seen her in a bonnet; she always wears a hat—as far as I have seen—I have seen her in different dresses.
MARRY ANN SHEPPARD (re-examined). When she first came to me she had a black straw bonnet, a thick black fall, a black shawl, and a black and white check dress—she had no fall on when she came the second time.
GUILTY .— Confined Twelve Months.
MR. WOOD conducted the Prosecution.
ESTHER INGLETON . I live at 14, New Montague-street, which leads into Osborn-street, High-street, Whitechapel—on the evening of 6th July, at 11 o'clock, I fastened the shutters of my room, and put the window down—I slept down-stairs, just under the window—I went to bed, and was awoke by a noise at half-past 2—I sat up in bed and saw that the shutters were unbolted, and I saw a man's hand take a piece of black skirt out of the window; a dress, which was rolled round the rod in front of the window, was gone—this is the property (produced)—I have no doubt about it—the black dress is partly made up—the male prisoner was the man who took it out; I saw him distinctly by the light of the gas-lamp, which is right opposite my window—I afterwards picked him out from five others at the police-station—I gave information to the police at the Spitalfields station.
Jones. Q. Did not you say at Worship-street that you were too frightened to speak? A. I screamed—you stopped there after I screamed, and took the piece of black stuff.
HENRY FORDHAM (Policeman, H 197). On the morning of 7th July, I was on duty in Brick-lane—about half-past 2 I saw Jones come up out of Osbornplace, cross over Briok-lane, and go down Flower and Dean-street—immediately afterwards came Smith; she went down Thrall-street—I heard her cry, "Jack" three times, and Jones then came up Thrall-street, and crossed over towards Smith—I then went down Thrall-street—Smith went indoors—I said to another constable, "You detain Jones," and I followed Smith up into the third room—I struck a lucifer, and found her sitting in a chair—I lifted up the quilt on the bed, and found this black dress, and this other dress, lying there—I asked her where she got it from—she said, "I bought it in
Whitechapel-road"—I said, "Whereabouts?"—she said, "I don't know; I was so drunk"—I then told her I should take her to the station for the unlawful possession of it—at half-past 12 that same morning—I had seen the two prisoners together going down Fashion-street into Commercial-street, towards Shoreditch.
Jones. Q. How near were we together? A. There was not two feet between you when I saw you at 2 o'clock—I could not see you when the woman called out "Jack;" I had seen you together several times before that evening—you are out together every night.
WILLIAM HORN (Policeman, H 142). On the morning in question I saw the female prisoner about twenty-five minutes after 2 running from the prosecutor's house—as I came up I heard some one run, and saw some one run in at a passage door—I had previously, at 2 and a quarter past, passed the house, and tried the shutters, and they were all right then.
Jones. Q. You saw no one else in the street, I believe? A. No—I saw no one—I heard some one run into the house and bolt the door—it was a man.
Jones's Defence. I was at a coffee-shop in Whitechapel-road about twenty minutes past 12, and this young girl came in. I went with her towards Thrall-street, where she lives. I stayed talking to her about ten minutes, and then went towards Shoreditch with her, which was when the policeman saw us together. I went to my lodgings, and left her at the coffee-shop. When I came back there I found she was gone. I came back, and turned down Flower and Dean-street, and stood at the corner. She came to the other end of the street, and called me, and I went up to her. Then a policeman called me, and said, "I must detain you." I asked what was the matter, and he said, "I don't know; I have only got to detain you. "We then went up into the girl's room, and found a policeman there, and she said she had bought the things. I thought she had bought them.
ABRAHAM EVEREST . In November, 1862, I was in the police-force, and had the prisoner in custody at this court, in the name of John Lord—he was sentenced toeighteen months imprisonment—I have no doubt about him.
JONES—GUILTY.— Seven Years' Penal Servitude.
SMITH.— Confined Twelve Months.
Before Mr. Common Serjeant.
MR. PALMER conducted the Prosecution, the evidence was interpreted
to the prisoner. REKIE DREER I live at 4, America Villas, Victoria-docks—on Saturday-night, 30th July, there were a good many men in my house at 12 o'clock—the prisoner owed me some money, which he would not pay me, so I took his cap off, and then he knocked me on my mouth and head with his fists, and then stabbed me twice on my left eyebrow and on the back of my head
—I saw a knife or a dagger in his hand—I was not quite sensible, and fell on the sofa—I fainted away, and lost a great deal of blood—when I recovered I gave the prisoner in charge for stabbing me—I was under medical treatment for some time—there were some small wine-glasses on the table—the other persons there took no part in it.
EMILY FITZ . I live next door to the prosecutrix—I was at her house on 30th July, about 12 o'clock, and saw the prisoner there—I heard the prosecutrix ask him for some money—he told her to wait—she took his cap off, and he struck her once or twice on the cheek—he then took a knife from inside his shirt with his right hand, and stabbed her twice—she fell on the sofa and fainted away—his shipmates stopped him from going away—I went for a policeman, but could not find one—I brought back two doctors half an hour afterwards, and she was still fainting—there was a great deal of blood.
THOMAS BOWERS (Policeman, 210 K). On 30th July the prisoner was given into my custody at America-buildings, charged with cutting and wounding the prosecutrix, who was bleeding very much—there were some American sailors there—I did not find the knife.
Prisoner. It is not my habit to carry a knife; it was only an accident that I had it on that occasion.
JOHN VANCE . I am assistant surgeon to Dr. Warsop—on Sunday, 31st July, I was called to see the prosecutrix, and found her suffering from two incised wounds, one over the back of the head an inch and a half long; it could not be very deep there; and the other over the left eyebrow about threequarters of an inch long; it could not be very deep there—this was twenty minutes or half an hour after the stabbing; she had lost only about three ounces of blood—they were such wounds as might be produced by this knife, or some sharp instrument—she was ten days under my treatment, but is quite well now—they were dangerous wounds, from their situation.
Prisoner's Defence. After she took my cap and tore it, I got in a passion and gave her a blow. I had a glass in my hand, and gave her a knock with it, but did not do anything more.
COURT to JOHN VANCE. Q. Were the wounds such as might be inflicted by a glass? A. No, they would be more jagged—a glass used for such a purpose would almost inevitably have broken with the blow, and made the wound more jagged at the edges.
GUILTY of unlawfully wounding ,— Confined Four Months ,
Before Robert Malcolm Kerr, Esq.
MR. POLAND conducted the Prosecution.
ELIZABETH BAXTER . On 8th July I served Smith with a cake and a puff—they came to twopence—he gave me a shilling, I gave him the change, and he left—I put the shilling in my pocket; there was no other shilling there—I went to pay it away the same night and found it was bad—I did not see Brown.
JULIA RAYMENT . On 8th July I served Brown with some ginger-beer at my shop—he gave me a shilling, and I gave him elevenpence change—I put the shilling in my pocket, where I had two others—next morning I looked at the three shillings, and found one bad and two good—I sent the bad one by my daughter to a policeman.
me a shilling; I gave him sixpence, and fourpence In halfpence, and pat the shilling in the till—I noticed before I put it in that it looked very black and bad, but I was in a great hurry—there was one other shilling there—Brown left, and in ten minutes or a quarter of an hour my husband went to the till to serve a customer, and took out the two shillings—he showed them to me—I picked out the one Brown gave me, and he gave it to the constable—I saw Smith standing outside the door, and they both went away together—my husband went after them, and they were given in custody.
NOT GUILTY .
Before Mr. Common Serjeant.
MARK COHEN . I am a glazier of 9, Trafalgar-row, East Greenwich—on the evening of 26th July, I went into the Salutation public-house, Greenwich, and saw Conolly sitting on a man on the ground, with one leg on the man's neck, and the other on his head—Lydon had a pewter pot, and Gibbons a ginger-beer bottle, knocking the man who was down—Mrs. Marks, the landlady, was amongst them—I said to her, "More fool you are to leave your bar and interfere with them; they will knock you down for the least thing"—when I said that they left the man on the ground, and Conolly got me by the hair, and the others struck me all over with the pot and the bottle—Conolly let go of my hair, caught up a glass, and split my head open with it—I became insensible, and was eleven days in bed—I was sober.
Gibbons. Q. Were you not in the house when the row commenced? A. No.
AUGUSTA MARKS . I am a widow, and keep the Salutation public-house, Greenwich—on 26th July the prisoners were drinking in my tap-room——they were not much drunk, but were not sober—they and two more attacked White, who was in front of the bar, and knocked him down—I went round the bar—Mr. Cohen came in just as the row began, and told me not to leave my bar or they would knock me down—when he interfered they attacked him with bottles, glasses, and everything they could lay their hands on—they knocked him down—he bled very much, and became insensible—I was obliged to drag one man off him—Conolly jumped into the water.
Conolly. Q. Can you swear it was me jumped out at the window? A. Yes.
Gibbons. Q. What did I strike Cohen with? A. You had Cohen on the step with a glass in your hand, and were beating him with it.
JOHN LEON . I was at the Salutation, and saw the prisoners there—I saw Cohen come in, and saw the prisoners ill-treat him, and beat him; but Lydon did not attack him so much as the other two, who struck him with pots, glasses, and everything they could get hold of.
CECIL CALVERT COGAN . I am a surgeon—I found Cohen suffering from severe scalp wound on the back of the head—he was bruised in various parts of the body, and was in a state of collapse from loss of blood—he was thirteen days in bed.
Salutation, and took Lydon—he was a little the worse for drink—Cohen was bleeding very much—the sergeant took the other two.
Lydon's Defence. On 26th August we came over to Greenwich, and had some drink. I got rather the worse; we went into this woman's public-house, and had three or four quarts of sixpenny ale. I got very drunk, and the window being up I jumped out, and was nearly drowned. These two men came, and hauled me in. Cohen was there with a chair in his band, which he put at the back of the bar. White was the first man that commenced the row.
Conolly's Defence. I saw this man jump into the water. I opened the door and went out to save him, which the waterman can prove; and as I was going out at the door this man seized me by the coat, his hand slipped, and he was cut at the back of his head.
Gibbons's Defence. The three of us went to Greenwich and had some rum. Three other men came, and we had a quart a piece; we walked towards the ferry to go over, but the ferry was fast, and we went and had another quart Lydon got drunk, and jumped into the river. I threw off my coat and waistcoat and jumped in, and caught him by the hand, and Conolly came to my assistance; we saved him, and took his clothes off, and rubbed him. One man was taken. I went to the station that I might tell his wife where he was taken to, and they took me. On the 27th the landlady came forward and swore that I struck the man with a pot On 4th August she swore I struck him with something else, and on 9th August she said it was with a ginger-beer bottle; afterwards she said that it was Lydon who struck him.
Lydon called GEORGE EVERSON. I am a waterman—I was at the Salutation on the evening of the row, and saw White there and the prosecutor, and two of their friends—they were all five very drunk—one of them had his back to the window, and the water runs alongside the house—they wanted me to take them over, and I said that if they had any more drink I would not—I went outside, and a man said, "There is a man overboard"—they picked him up, and took him in—they then had some more drink—White came in and there was a fight—White was on the ground, and Conolly had a quart pot in his hand, but I did not see him do anything—they were all fighting before Cohen came in right among them, and they knocked the glasses off the counter—I did not see whether they struck Cohen, because they were all of a lump slashing into one another—I saw Cohen on the steps all over blood, but cannot say which man did it, as the confusion was so great.
JOSEPH NEWTON . I am a waterman—I was at the Salutation, and saw White on the ground—Gibbons struck him before that—they were all fighting together up in a comer, but Cohen was not fighting—he was trying to part them, and got struck—the prisoners were among the others—I saw a few spots of blood on Cohen's face, but saw none on the stones.
Lydon received a good character. GUILTY on the Second Count .— Confined Three Months each.
Before Robert Malcolm Kerr, Esq.
MR. WILL conducted the Prosecution, and MR. PATER the Defence.
EDWARD FLEGG . I am an excavator, and live with my father at 9, Railway-grove, New-cross—the prisoner also resides there, and is an excavator—on Saturday, 2d July, he came to me and asked me to get him employment, and I went to a place near the Lewisham-road, where he was working, to tell him he could go to work with me on the following Monday—I went there about a quarter past 2 after I had got my wages—I don't know whether he had got his—I was not the worse for drink—I had over 3l. with me—I knew what I was doing—I had nothing to drink till I went back to Deptford, when I had a pint of beer with a man—I then went and paid for three pints of beer for the prisoner, and lent him a shilling at his request—he then said, "You are not in a hurry to get home, Ned?"—I said, "No; I don't want to go home"—he said, "Then go back to my work along with me, and wait till I go home"—I said, "I don't mind; I will," and I went up to his work—I laid down talking for about five minutes—he gave me his coat and his tin-bottle, and I went to sleep—I said to him first, "Don't go away without me," and he said, "I will not"—I woke about 6 o'clock, and found he was gone—his coat was there—I sat up, put my hand in my pocket, and only found 1s. 21/2d. left—other money was gone—I then went down to the Crystal Palace beershop, and found the prisoner sitting behind the door—I said, "Southgate; here is your coat and bottle"—he would not look at me, but held his head down—at last I took hold of his chin, held his head up, and said, "I am going to accuse you of robbing me, or of helping those who did"—Mr. Gibbons, the landlord, then came round, and the prisoner said, "I had it"—the landlord said, "It was not done in my house, but I shall turn you out"—he got hold of the prisoner and turned him out—after he was outside I repeated my accusation, and he then said he had not had it; but he saw a dark man standing over me—I then hit him, and he ran away—I followed him—as he was going a policeman came round the comer—I held up my hand, and said, "Stop him"—I got up to him, gave him into custody, and he was taken to the station—I am quite confident I had the money when I laid down to sleep.
Cross-examined. Q. The prisoner was not sober, was he? A. I don't know—I told him I was going to have a sleep—I did not lie down because I was so intoxicated—this was on Saturday about a quarter-past 2—the prisoner walked out of the beershop.
COURT. Q. Do you mean to say you do not know whether he was drunk or not? A. I cannot say—I said before the Magistrate that I believed he had been drinking—I said to him in the public-house, "Give me the remainder of the money, and I will say no more about it"—that was before I hit him—I believe I hit him in the face—I was very angry—I laid down to sleep about ten yards from the prisoner against a wall.
Mr. WILL. Q. When you said give me the remainder of the money, was that after he said, "I had it"? A. Yes.
HENRY WHEATLEY . I live at 5, Gloucester-place, King-street, Deptford—on Saturday evening, 2d July, between 5 and 6, I was at the Crystal Palace beer-shop, and saw the prisoner there—after 6 o'clock the prosecutor came in with a bottle and a coat—he gave them to the prisoner, and accused him of taking his money—the prisoner held down his head for five or six minutes, and said nothing—after that he held up his head, and said to the prosecutor, "I had your money once, and my mates have got some of it now"—he was a little the worse for liquor—the landlord came from behind the bar, and pushed him out at the door, saying," Since I have heard of this; I will
have no more of you in my house"—the prosecutor went out, and I stopped him from hitting the prisoner—he did not hit him that I saw—the prisoner said he had only got one sixpence and two penny pieces—he put his hand in his left hand pocket, and pulled out a sixpence, two penny-pieces, and a half-sovereign—I did not work with the prisoner—I do not know whether he had been paid his wages.
Cross-examined. Q. Where do you come from; you have not been examined before as a witness? A. No; no one has been fishing me up—I was subpœnaed here—I knew that the prisoner was accused, and brought before the Magistrate—I did not attend then and give evidence.
WILLIAM BROWN . I live at 4, Gloucester-place, King-street, Deptford, and am a brickmaker—on this evening, between 5 and 6, I was in the Crystal Palace beer-shop—the prisoner came in while I was there—he got in conversation with me, and told me he had been drinking along with a man who had got plenty of money—the prosecutor came in with a coat and bottle—threw them down, and said to the prisoner, "Now, Southgate; I want my money; if you have not got it, you know them that has"—the prisoner did not say anything for a few minutes, and Mr. Gibbons came and turned the prisoner out—the prosecutor went out, and they had a bit of a light, and I saw no more of them—there was a mob outside—I never went out—I did not say anything to the prisoner before they went out, or afterwards.
COURT. Q. Were you perfectly sober? A. Yes; just come from my work—I remember now saying, "If you have the man's money, why don't you give it to him"—I did not remember that before to-day.
NOT GUILTY .
MR. WILL conducted the Prosecution.
JETHRO LUDLOW . I am a private in the Royal Marines at Woolwich—the prisoners are comrades of mine—they live in the same room, and Carroll sleeps in the next bed to me—on Saturday, 2d July, I had some money—I was on leave that night, and I went in barracks to fetch some money out—I left 2l 10s. at the bottom of my bed, in a sock in a bag—it consisted of a sovereign, seven or eight florins, and the rest in small silver—next day I was on leave, and I went down the town and met the prisoners—Lockwood said to me," I will see if you can't block me"—that means, stand some beer—I said, "No; I cannot; I have got no money"—he said, "Well, if you can't block me, I will you;" and we went into a public-house and he called for two pots of beer—I saw that he had seven or eight twoshilling pieces—he threw them on the ground, and said he could show a sovereign if we wanted it—I had my suspicions, and went straight up to my room at the barracks, searched the bag, and found the money was gone—I gave information to the sergeant, and the prisoners were afterwards taken into custody.
WILLIAM WATSON . I am a private of marines at Woolwich—on Saturday afternoon,2d July, I saw Carroll cleaning the prosecutor's tunic and waist-belt—the prosecutor said if he would do it, and come down the town, he would give him a lush—the prosecutor had occasion to come in to get some money, and after he went out Carroll came to me and said, "I have got no money—can you lend me a sixpence?"—I said, "I have got none, but some of them in the room will lend you sixpence"—he said, "I don't like to go
down without any money; Ludlow has plenty of money in his bag; I will go down and have a lush"—he came in again about a quarter to 9, before the lights were out—I said, "You did not wait long"—he said, "No; I had not a pass, and was not going to wait"—he then went and turned into his own bed—he afterwards came to me, and asked me if I would lend him my pipe, as he could not sleep—I would not lend it him—he went out with some matches, and remained out five or six minutes, came in and turned on to the prosecutor's bed—I got up and looked at him, and he bad his hands over the top of the bag, lying stretched on the bed—he then turned out, came to me again and said, "I can't sleep; I must have a smoke"—he then took some more matches, went outside the door, and did not come in until about ten minutes to 12 at night, when he came in with Lockwood and McEvoy—Carroll had been drinking.
DENNIS MCEVOY . I am a private of Marines at Woolwich—on Saturday night, 2d July, about half-past 11, I saw Lockwood—he and I came in together—I then saw Caroll at the rear of the barracks—he said, "Is that McEvoy?"—I said, "Yes"—he said, "Come here; I want you"—I said, "What for?"—he said, "I have made a haul"—I said, "What of?"—he said, "Money"—I said, "Where did you get it from?"—he said, "Never mind where I got it from; who is with you?"—I said, "Lockwood"—he said, "Go and tell Lockwood I want him"—I told Lockwood, and he came—Carroll then put his hand inside his shirt, and pulled out a sock with some some money in it—as soon as he pulled it out, Lockwood snatched it out of his hand—I heard the money jingle—Lockwood went away directly with it, and Carroll with him up the road—I called to them, and then went and turned into bed.
Lockwood. Q. I gave you seven shillings there and then, did I not? A. You did not; not a penny of it.
COURT. Q. Had they been drinking? A. Yes, both of them.
JAMES BICKNELL (Policeman, R 185). On Sunday, 2d July, I received charge of Lockwood at the station—I searched him, and found this purse in his pocket, and three two shilling-pieces, a sixpence, and a halfpenny—he said it was his own clothing money when I asked him where he got it from—I afterwards searched Carroll, and found two shillings and lour pence, which he said was money he had saved up.
The prisoners' statement before the Magistrate:—"Lockwood says, 'I received the money from Carroll; I did not know how he came by it; he told me it was his own, and we shared it, and McEvoy had seven shillings or seven and sixpence. 'Carroll says,' I picked the money up between my bed and Ludlow's."
Lockwood's Defence. On 2d July, me and McEvoy went out about 7, and came in about ten minutes past 11; Carroll called McEvoy to him, and then McEvoy came to me; Carroll pulled out a sock, containing 1l 13s. and said, "Here; I want you to take card of this;" I said, "What is this?" he said, "It is mine;" and he told me to give McEvoy seven shillings, or lend it him, and I gave it him; Carroll said it was the wages he had saved on board ship.
Carroll's Defence. It was the wages I saved on board ship.
CARROLL.— GUILTY .— Confined Twelve Months.
LOCKWOOD.— NOT GUILTY .
Before Mr. Justice Byles.
MR. COLLINS conducted the Prosecution, and MR. TAYLOR the Defence.
FELIX MCSWEENEY . I lived in Justice-court,' Mint-street, South wark, when this happened—on 27th June, between 7 and 8 in the evening, I came home from my day's work, and went into ray own place, in the bottom floor—the prisoner lived on the second floor—he and his wife were having some words in the passage—they quarrelled very much, and she screamed and hallooed so that I thought she was injured, and I went out into Harris-street, for the purpose of sending a policeman—I could not see one, and I stood there—the prisoner came up and hit me in the head with a pair of tongs—I fell to the ground of course—after I got up I daresay I struggled with him a little while—we were parted—I ran in doors, and thought I would have a turn with him, and I brought out the hammer, and a very dangerous one it was; a chisel at one end, and a hammer at the other, and I meant to let him have it, but as I saw he did not have the tongs, I went back and put the hammer down again in the house—I did not hit him with it at all—I went out again, and I suppose I thought I might have a turn with the fists, and fist him a little, and be took out a knife; at least, he had it out, and stabbed me in several places—I did not see where he took the knife from—I believe he had it ready for me—after he had stabbed me I fell down, and while I was down he stabbed me, I can't say how many times, but I know he did so after I was on the ground—I was afterwards taken to the hospital in a barrow.
Cross-examined. Q. The prisoner has a wife and four children, has he not? A. Yes; I have lost my wife; I want one—I am a widower—I have some children—I have been rather intimate with the prisoner's wife—I have been blamed by the neighbours for being too intimate with her—the prisoner did not find her in my room that afternoon—she was not there—I don't know about her not being in my room that day—she was not there at that time—she used frequently to come in, pretty well every day—I had his wife here yesterday—I was with her—I did not stay with her from that time till 12 at night—I may have taunted the prisoner about his wife, that I could keep her, and he was not fit to do so; very likely I have said so—I beg you to have mercy on him, and give it him as slight as you can—I declare, on my oath, that I don't know whether or not I fetched out a poker to him as well as the hammer.
ALFRED PLATT WILKS . I am a surgeon——on 27th June last I was house-surgeon at Guy's Hospital—the prosecutor was brought there about a quarter past 8 that evening—he had a large incised wound on the fleshy part of the left arm about five inches long, and deep, but I can't say how deep—it was a cut, a clean incised wound—there were four incised wounds about the left wrist, none of which were very serious, but on further examination we found other wounds, which induced us to take him into the hospital—there were ten distinct wounds—the most serious was about an inch and a half long, and it was also deep—there was one wound just over the hip-joint, two on the head, one on the left side, and the other on the forehead,
and one behind the left shoulder blade—they were severe wounds, but not dangerous—he is at present an in-patient, but he has recovered—he has been kept in till the trial should be over—this knife might have produced the incised wounds—I should hardly think it would produce the wounds on the head—I should imagine they had been done by some blunt instrument—a pair of tongs might have done it.
JOSEPH JACKSON (Policeman, M 275). I took the prisoner into custody on 27th June—I told him he was charged with assaulting a man—at that time I did not know the prosecutor's name—he seemed very much excited—he was inside his room, and the door was fast—I asked him if he would open it—he said "No"—the door having a very slight fastening I forced it—as soon as he saw me, he said, "Oh, you are a policeman, I will go anywhere with you"—I took him to the station and searched him, and found this knife in his right-hand pocket.
Cross-examined. Q. Did you see his wound dressed at the station? A. I did—he had a severe wound on the back part of his head—it was bleeding profusely.
GUILTY of unlawfully wounding,—Strongly recommended to mercy by the Jury on account of the excessive provocation he had received. — One Month.
Before Robert Malcolm Kerr. Esq.
MR. KEMP conducted the Prosecution and MR. DALEY defended Wyburgh.
EDWARD JOHN SACKETT . I am a leather shaver, at 2, Elizabeth-terrace, Bermondsey—about 1 o'clock on the morning of 29th July I was returning home and I met Cronin, in Tooley-street—she spoke to me and continued walking by my side for some time—I noticed two men following us, the male prisoner is one of them—when we got to the railway a man came behind me, put his arm under my neck and said, "Do it Dick"—Why burgh took my pin, my handkerchief, half a sovereign, and half a crown, and then they all ran off together—in the scuffle my hat fell off, and as they were running away I said, "You might as well have left me my hat"—the prisoner came back and gave me my hat, and then walked down into Russell-street with me, till we met a policeman, and I gave him in charge—he did not try to run away—I did not collar him till I saw a policeman—to the best of my belief the female prisoner is the woman I saw on that night—I was talking to her perhaps half an hour altogether—I was walking with the man about five or six minutes.
Cross-examined. Q. You had been at a boat race, I believe? A. Yes; at Horsleydown, with two friends—I went there about 5 in the evening—it lasted about an hour—I parted with my friends at their homes—one of them lives at the Victoria, Rotherhithe New-road—I went in there with him and had a glass of ale, and the other friend returned to Bermondsey with me—I had nothing to drink at the boat race—we got to the Victoria about 8—we rode there in a cab from the boat race, which is about two miles—we did not leave directly the race was over—it may have been 7 when we got to the Victoria—I then went back in the cab to Bermondsey with the other friend, and was with him about three hours—we had some ale during that time, and I think we had one glass of gin—it might have been 11 when I left him—he lived about a quarter of a mile from where I was attacked—I did not go straight home after I left my friend—I bad no idea in my mind
where I was going—I went to the King of Prussia public-house, in Tooley-street, and had a glass there—I remained there perhaps half an hour, and was going back again towards home, when this woman accosted me—she followed me—I did not know the prisoner was one of the men when the two men were following me—it was from what I afterwards saw.
MR. KEMP. Q. Were you sober? A. Yes.
Cronin. Q. What did I have on, a bonnet or shawl? A. No bonnet, a shawl.
COURT. Q. Have you any doubt about her at all I A. No.
JOHN CARTER (Policeman, M 190). The male prisoner was given into my custody by the last witness, list Friday fortnight at half-past in the morning—he had hold of his collar with one hand, and he had his watch in the other—he gave him into custody for attempting to steal his watch and chain—a portion of the chain was taken away—he also said he had been robbed of some money and a pin—the prisoner said it was false—I know both the prisoners by sight—I have frequently seen them in company together.
Cross-examined. Q. Do you say you have constantly seen them together? A. Many times at Dockhead, Kent-street, and different places round there—the watch is here (produced). it was in the prosecutor's hand when I saw it.
Cronin. Q. Did you see me that night? A. Yes; about three minutes previous to my taking Wyburgh into custody.
The prisoner's statements before the Magistrate:—Wyburgh says, "I know nothing of the robbery—he asked me to give him his hat, and I picked it up and gave it him." Cronin says, "I went to the station and gave information against Catherine Sheen and John Brown as being the parties. I was at home in bed, and know nothing about it."
Cronin's Defence. I am quite innocent of the robbery. I was in bed at 9 on that night.
WYBURGH was further charged with having been before convicted of felony at Newington in January 1860, to which he
PLEADED GUILTY.— Ten Years' Penal Servitude.
CRONIN.— Five Years' Penal Servitude.
MR. PLATT conducted the Prosecution and MR. MONTAGUE WILLIAMS the Defence.
WILLIAM GLOVER . I am a carriage-builder, in High-road, Tottenham, and in partnership with my brothers—on 28th April the prisoner came to me and said he wanted a carriage—he selected a phaeton, and asked his man, who was with him, if he thought it would do for his little horse—the following day he sent a note by this man to let him have his chaise—he was to pay four guineas a me nth for it—I let the man have it, and about a fortnight afterwards they both called and asked about the price of the phaeton—they were driving in the phaeton at the time—I told him the price of it—up to that time I had received no money whatever for it—I have never received any money—it was worth twenty guineas—I saw nothing of the prisoner after that till he was in custody—I saw my chaise again about 20th July last, nearly three months afterwards.
Cross-examined. Q. The phaeton, when hired in the first instance, was to be four guineas a month? A. Yes? I did not ask for any money when he came a fortnight afterwards—he then told me he thought the phaeton would
suit very well, and it suited his wife very well, and he asked me what I would charge in the event of his buying it, and I said 20l.
COURT. Q. Supposing he had come the next week and offered you the 20l. would you have taken it? A. Yes.
HENRY KEEN . I am a broker, in Horsemonger-lane—about the latter end of June last the prisoner brought me a chaise—a man named Shirley came with him, and said, "A friend of mine wants to borrow four sovereigns on a chaise; I know him to be a respectable man"—I said, "Is it his own chaise?"—he said "Yes"—the prisoner was the respectable man—I said I would not lend the 4l. unless they gave me a receipt of the buying of it, the agreement being for a week or a fortnight—I said, "If you are in difficulties I will give you three weeks"—he was then to pay 4l. 10s. to me, 10s. for the standing of the chaise—he said it cost him 17l. 10s.—the chaise was afterwards brought to me by the prisoner—Shirley said, "My friend has to meet a bill to-day, and he is deficient of 4l."—the prisoner said he was short of money—on that understanding I gave him 4l. and I had a receipt drawn up afterwards—on 21st July the prosecutor saw the chaise at my stable.
Cross-examined. Q. Was not the first proposition to borrow 4l. on the chaise? A. Yes: after the three weeks a little man in a brown coat came and asked me to hold over, and I said I would give them another week.
GEORGE SHIRLEY . I am a broker, living at 11, St. Andrew's road, New Kent-road—I have known the prisoner five or six years as a publican and tobacconist—about 21st or 22d June he came to me and asked me how I was off for cash—he said he was very much pressed for money, that he had a bill of sale on some furniture, and he had to pay an instalment on that day, and wanted 3l. or 4l.—he said he had got a phaeton—I asked him about it, whether it was a modern one—he said, "No; it was an old-fashioned one," and I refused to buy it—he said, "Do you know any one who would?"—I said, "There is plenty who would do it, I dare say"—to the best of my knowledge he said he had bought it at Southgate—it was sold with the understanding that Mr. Keen was to keep it for a fortnight, and the prisoner was to pay 10s. for the standing—he could have redeemed it at any time—I said, "Say three weeks if you are not certain of getting the money," and he said, "Very well, for three weeks"—a receipt was given for 4l.
Cross-examined. Q. Has the prisoner always borne a very good character? A. I never heard anything to the contrary at all.
WILLIAM MILOY (Police-inspector, F). On 21st July I went to Westbourne-road, Barnsbury, and saw the prisoner—I told him I called respecting Mr. Glover's phaeton—I cautioned him before he said anything, and told him who I was—he told me a friend of his was minding it, in the Borough—I said I wanted to see it, and we left the house for that purpose—on the way he said, "I may as well tell you the truth; I have sold it to a man named Keen, in Horsemonger-lane"—I went with him to Keen.
The prisoner's statement before the Magistrate:—"I had no intention of keeping the phaeton, I merely borrowed the money with the intention to return it"
The Court considered that there was evidence to show that the prisoner had a felonious intent when he borrowed the phaeton.
— NOT GUILTY .
Before Mr. Common Serjeant.
MR. WOOD conducted the Prosecution.
MARY ANN HAYES . I am single, and live at 3, Carroll-street, Borough-road—on 17th July, about a quarter-past 10 at night, I was going through Park-street, and saw the prisoner and a man having a row near the Anchor public-house—she said to him,"If I cannot pay you I will pay somebody else"—she knew me very well—she ran after me, and as I got close by the Anchor she stabbed me in the neck with a knife—I saw the knife in her hand, and she instantly ran across and threw it into the Thames—I put my hand to ray neck and found blood—two men helped me to the hospital—I bad my neck dressed, and as I came back it burst out bleeding again—it was a deep wound; it went through my bonnet, cloak, and dress into my neck—here is the hole in my cloak—I was laid up at home for nearly a fortnight—a surgeon attended me, and then I used to go to see him at the hospital—when I came back from the hospital, an hour afterwards, I met a policeman with the prisoner—I had given a description of her; I knew her well—she had been to ray house the early part of the morning and asked me for a drop of tea—I said, "Yes"—I had given her no cause to quarrel with me.
Prisoner. Were we not both drinking together that night? A. No—the man you were with did not strike you—I do not know him—I was not with a man, I was alone—I did not introduce two thieves to you.
DANIEL MALONEY (Policeman, 32 M). On the evening of 17th July I took the prisoner—she was sober—I told her she was charged with stabbing Mary Ann Hayes—she said that she did not know that she did stab her—at the station she said that she knew nothing about it.
Prisoners Defence. I do not care for the Jury, and have nothing to say to them.
GUILTY .**—A list of sixteen convictions was produced against her.— Seven Years Penal Servitude.
MESSRS. GIFFARD and BESLEY conducted the Prosecution, MR. THOMPSON appeared for TREVOY, and MR. WOOD for LINSEY.
ALBERT OLDFIELD . I am a salesman in the employ of Messrs. Bransby, upholsterers, in the Old Kent road—on a Monday in July, Trevoy came there with Linsey and asked to see some carpets—I showed him some, and he selected one—he then selected a bedstead, mattrass, and palliasse, two chairs, and a looking-glass—he gave his name Edward Trevoy, 21, South-road, Rye-lane, Peckham, and told me to send the goods the same night as he wanted them for the servant to sleep on—I told him our terms were cash on delivery—I despatched the porter with the goods the same evening, and gave him directions not to leave them without the money, but he brought back neither goods or money—I went on the Wednesday to the address he gave, and met Trevoy in the street—I said, "Mr. Trevoy, I want our goods"—he Said, "I have no goods of yours"—I said, "That is false"—he said, "The house is locked up, and you shall not have them"—one of our men had got into the house while I was talking to him—we then went to the house—Trevoy went in, but would not let me in—a policeman was there, and Trevoy gave our man in custody—the man got over the gate, and the policeman as well as Trevoy would not unlock it, and would not let me in—I saw our porter come out in the policeman's custody.
Cross-examined by MR. THOMPSON.Q. Was it you who made a charge
against Trevoy to the policeman? A. Yes—I went with the policeman and the porter to the station, and made a charge against Trevoy, who said that it was only a debt, and then the inspector declined to interfere, and would not book the charge against the porter—the price of the iron bedstead was 1l., and of the things altogether 4l. 9s.—the police took possession of them on Friday—nobody but myself was present when Trevoy ordered the goods—he made no answer when I said that our terms were cash on delivery—after the porter delivered the goods, Trevoy returned with him and spoke to my master, but I was not present—he said at the shop that he had the key in his pocket, and we should not have the goods—I did not hear him say that he was going to the West-end that night, and that it was arranged that payment was to be made at 11 o'clock.
Cross-examined by MR. WOOD. Q. Did you make a list of the goods? A. Yes; in the order book—I did not send the carpet—I sent all the goods that were ordered positively—I told my employers that he did not give a positive order, but that was for some other goods which he selected besides the carpet—I did not send them—I produced a list of goods before the Magistrate—I believe the policeman has it—this (produced) is the invoice—I sent all these, and he looked at others—he asked me to send a list of all the goods he had looked at with the price, and I did so—there was something to be done to the articles in this list—it was not all one arrangement to purchase the goods in this bill and the others; he did it at the same time—when he told me he wished those things sent home that night, I told him our terms were cash on delivery.
JOSEPH GISSING . I took these goods from Messrs. Bransby's to Rye-lane, Peckham—when I got near the house, I met the prisoners—Trevoy said, "You are very late; we have been waiting in the house ever since the time the goods were to have arrived"—I went to the house and put the goods in the back room top-floor—I then gave Trevoy the receipted bill, and asked him for the money—he began talking to Linsey, and said that it was very unusual for a man looking out other goods in the morning to send a receipted bill for the things which had to come home the same night—I said, "I know nothing about that; I have orders either to have the money or take the goods back"—he then said that I had not brought the blankets—I told him I had brought all that was ordered to come home that evening, and that blankets were not ordered—he said that he would see if he had got the money to pay me, and put his hand in his pocket and rattled some money about, as if he was going to pay me—we were in the front room down stairs—he spoke to Linsey, who walked outside the house—Trevoy then felt in his pocket, pulled a little money out, and said, "I have not sufficient money to pay you, but I will see if my friend has got the other"—I followed him outside, and was looking towards my horse, when the door was closed and locked by one of them—I asked him once or twice to give me the receipt back—he tore it off and gave it me, and kept the bill, saying, "I will keep the bill, and it can be written on when you get the money"—they both went back with me to my master—Linsey said, "I will call down this street to get the money to pay you," and went down a street—they both went to my master's in the van, but I was not present to hear what took place—I went to the house next day, but could not get the goods—I saw Linsey there—he said that it was only a County Court affair, and held out the bill in defiance of us—he said, "Trevoy owes me 4l. 19s. for rent, and if you like to pay me 4l. 19s. you can have the goods back."
Cross-examined by MR. THOMPSON. Q. At what time did you arrive at the
house? A. About a quarter to 9—I fixed up the bedstead, and carried up the other things—Trevoy did not say that I had not brought the bed and pillows, and that without them the bedstead was useless; he said I had not brought the blankets, and he might have said the pillows—I saw my master that night, and told him I had not got the money—I left him and the prisoners together—I left the shop about 10. 15—I had a hired van—I did not drive it.
Cross-examined by MR. WOOD. Q. Did you keep the prisoners there from half-past 6 to a quarter to 9? A. Yes, and met them going away—I went when my master sent me—they said that it was annoying to be kept waiting so long—Linsey was not in the act of going out when I presented the bill and asked for payment—they complained about the blankets not being sent, but they were on the memorandum of the goods which were not to be sent—Linsey had his hat on—he went out and stopped outside till we went out—the jinking of the money made me think I was going to get it; it was done very naturally; there was nothing to excite my suspicion, or else I should not have gone out of the house—he asked Linsey for money, and I turned my head towards the horse while he asked him—I did not see whether any money was taken out by either of them—Linsey told Trevoy he had not sufficient, but would go and see if he could borrow it of his wife on our road—they said voluntarily that they would come and square the matter with my master that night, and then I should not get the blame.
MR. GIFFARD. Q. When you got back to your master did you receive orders to go back for the goods? A. No—Oldfield said I ought not to have left them, and next day I had orders to go back for them.
DAVID BRANSBY . I carry on business in the Old Kent-road—on this Monday night, at a quarter to 10 o'clock, my porter returned after taking the goods, and after I had spoken to him I saw the prisoners—I said that we must have the goods, as we never parted with our goods without the money—Trevoy said, "The goods are locked up; I am going to the Westend: you cannot have them to-night—we will come here to-morrow morning at 11"—they then left—they did not come next morning at 11, and I then gave directions to my man—I went to the house in the evening and saw Linsey inside his gate—I asked him to let me have my goods—he said, "I shall not give them to you, it is a County-court affair—I know the law as well as you do; Trevoy owes me 4l. 19s."—I do not know whether he said "for rent,"" and if you pay that you can have the goods"—my bill was 4l. 9s.
Cross-examined by MR. THOMPSON. Q. Have you a distinct recollection of what passed? A. Yes—Trevor promised to come at 11 next morning, of course signifying that he would settle—I was to send to Rye-lane at 11 or later next morning, but I intended to wait to see whether Trevoy came—it is not true that I gave instructions to Gissing to fetch the goods that night, not after that—this invoice is Oldfield's writing, copied from his memorandum-book into one of our forms.
Cross-examined by MR. WOOD. Q. Did you tell them that if they did not come at 11 you should send for the goods back? A. Yes—I sent the porter Gissing and my brother for the goods about 2 o'clock that afternoon, I think—I am not clear as to the time; it might be 5 o'clock—I will swear it was not 6—I went in the evening.
ANN EAGLES . I live at 1, Hawkins-street, Mile-end—I know the prisoners as Mr. Johannah, and Mr. Lannaghan; the short one (Trevoy) is Mr. Johannah—he was my landlord in July, 1863, and here are my receipts—I had the
house five years and nine months, and left in January, 1863—I left Johannah in the house last December, and Lannaghan used to visit him—Johannah once said that Lannaghan was very much down and in distress, and he had given him a shilling to buy some dinner; and the next time he came he said that he had given him a pair of shoes, and not having any stockings, he had given him money to purchase a pair.
Cross-examined by MR. THOMPSON. Q. I understand that you have seen nothing of Trevoy since last December? A. No—I paid rent to him—there were other lodgers in the house part of the time—they paid their rent to him—Johannah's name was on a brass-plate on the door—he received goods from France, and French gentlemen came to him.
Cross-examined by MR. WOOD. Q. DO not you know that Lannahan, as you call him, was a servant to Johannah? A. No—I know that he came there on business—I do not remember Johannah saying that Lannaghan was a good man of business, and he liked him—from a card he had, Lannaghan was his partner in the sewing-machine, railway-rug, shoe, cloth, pianoforte, morocco, and French goods business—I know he dealt in those goods—I was formerly the tenant of the house, but my husband died, and then Trevoy was admitted into the house as the tenant by Mr. Morris, the land-lord, and Johannah allowed me to live in the house, and pay 18d. a week rent, as I was a widow with three little children, and Mrs. Johannah employed me to wash, and paid me for it—I left on 5th December, because Johannah said that he was going to leave—he did not tell me that he would not have me there any longer—there was no dispute between us—he told me he did not wish to behave dirty to me, but he might leave in a hurry; there was no notice given on either side—he acted fairly to me; we parted on the greatest of terms—Lannaghan I never spoke to except if I opened the door to him, and he asked for Mr. or Mrs. Johannah—the first time he came Johannah gave him a shilling to get a dinner—I was in the kitchen when he came in, and Mrs. Johannah was rather angry about it—that was about a fortnight after they had been there—I saw the card shortly before they left, not before—Lannaghan afterwards improved in circumstances—Johannah occupied the house on 5th September, and my rent commenced on the 12th.
MR. GIFFARD. Q. Was your husband the tenant of the house till 16th August, when he died? A. Yes; the rent was 24l. a year, and the taxes 2l.; I paid it altogether—a bill was put in the window, but that was not how I made Johannah's acquaintance; we knew him before—I saw three pianos in the house; they were sold—one came on Saturday and went away on Tuesday.
JOSEPH MORRIS . My mother owns this house, and I act as her agent—I let Trevoy into the house in the name of Johannah—he was to pay 26l. a year rent—he paid 6l. 10s. in advance for one quarter when he took possession, which was in September, I think—when another quarter became due I went there and saw Mrs. Johannah—they sent for me in the evening, and I ultimately went and found the house deserted—I did not know that they were going to leave—they did not leave the rent for me—I afterwards got the key of the house from the other prisoner.
Cross-examined by MR. THOMPSON. Q. When was that? A. I should think three weeks or a month after quarter day—I went for that quarter in advance—I told Mr. Trevoy that as he paid the first in advance he need
not pay the second in advance; but I told him that if I had as many houses as would reach from here to Bow, I would only let to you weekly—I do not always let in advance—I only lost actually about three weeks' rent.
Cross-examined by MR. WOOD. Q. When did they go in? A. I cannot say the day, nor when they left—numbers came to me to ask that question—I should think they were there three months—when Mr. Johannah sent for me he said that if he paid one quarter in advance he would not pay the next—there was no misunderstanding on my part as to the terms—he said that it did not follow that he was to pay another quarter in advance.
MR. GIFFARD. Q. How much money did you receive for the rent of the house? A. 6l. 10s.—I found the house deserted about a fortnight after the following quarter—this (produced) is the agreement in Mr. Johannah's own writing.
GUILTY .— Confined Eighteen Months each. There were two other indictments against the prisoners.
He received a good character.
Recommended to mercy by the prosecutor.— Confined Eighteen Months.
Before Robert Malcolm Kerr, Esq.
MESSRS. POLAND and O'CONNELL conducted the Prosecution.
MARY REBECCA WOODS . I am barmaid at the Goat public-house, Pimlico—about the latter end of June the prisoner came there for a pint of porter, which came to twopence—he gave me a bad half-crown—I said, "How did you come by this?"—he said, "I got it in change for a half-sovereign"—I put it in the tester, and found it was bad—a comrade of his paid for the beer, and I gave the half-crown to a constable.
JOSIAH POLLY . I am a hawker of jewellery, and live at Webber-row, Westminster—I was at the Goat in June, and saw the prisoner there—I heard the last witness speak to him about a half-crown—he is the same man—about ten minutes afterwards I went to the King's Head, which is a quarter of a mile from the Goat—I called for a pint of beer—the prisoner came in, and I saw the landlord serve him—he gave a half-crown, which went over inside the bar—the landlord picked it up, and said that it was bad—the prisoner said that he was sorry for it, he could not pay for the rum, and they must take it back—the landlord gave him the half-crown, and he left—I saw him in custody three weeks afterwards.
EDMUND LYNCH . I am barman at the Dover Castle, Westminster-bridge-road—on 9th July, about twenty minutes past 9 in the evening, I saw the prisoner there—he had been there off and on since 5 o'clock—he asked for a pot of porter, which was threepence, and put down a William the Fourth half-crown—I put it in the till where there was no other half-crown; only fourpenny-pieces and sixpence—I scraped the edge of it along the counter—I gave the prisoner the change—the landlord went to the till in about half-an-hour—there was then only one half-crown—no one else had put money in the till—this was my separate till—I went out and found the prisoner in the middle of the road—I said, "You have passed a bad half-crown"—he said, "I will believe you or any other man"—he went back with me and paid with a florin, taking the half-crown back—I had not marked it, because I did not think he had passed it intentionally—he went away with it to the opposite house.
Prisoner. Q. Was I drunk or sober? A. You were drinking with your comrades, but I do not think you were tipsy.
JAMES ROBERT PEARCE . I am barman at the Old Crown and Cushion, Westminster-road, opposite the Dover Castle—on 9th July, about a quarter to 10 o'clock, the prisoner came and called for a pot of beer, and some bread and cheese—he gave me a bad half-crown—I had received information, and handed it to the landlady, Mrs. Saunders, as I noticed that the edge was worn—this is it—the landlady put it on the shelf, and the prisoner was given in custody—he said, "Well, if it is bad, I will pay you for the bread and cheese, and he did so.
Prisoner. Q. Was I drunk or sober? A. You had had a little to drink.
JOHN EVANS (Policeman, L 169). I was called to the Old Crown and Cushion, and took the prisoner—I received this half-crown from the landlord—the prisoner said that he had it in change for a half-sovereign—he paid for what he had had—I found on him 5s., a sixpence, a franc, and 71/2d. in copper—I received this other half-crown from the barman of the Goat.
Prisoner. Q. Was I drunk or sober? A. Not very drunk—you asked the landlord to give it you back, and said that you would pay for what you had had—you did not tell him to break it up.
Prisoner's Defence. The landlord returned the half-crown to me, and I put it in my pocket. I went to the opposite house, put my hand in my pocket, and took it out, not knowing what it was. I was tipsy.
GUILTY .— Confined Twelve Months.
MESSRS. POLAND and M. J. O'CONNELL conducted the Prosecution, and MR. METCALFE the Defence.
MARY BURTON . My husband keeps the Swan beer-house, Blackfriar's-road—on 3d August, about a quarter to 10 in the evening, the prisoners came—Eldridge called for a pint of sixpenny ale—McDonald gave me a shilling—I put it in the till, and gave him the change—there was no other shilling there, as I had cleared the till, and was going out, leaving my two children in the bar—after putting the shilling in the till I went into the parlour—I heard something, went back to the bar, and took out the shilling, which I had put in—the prisoners were standing at the bar, and the children said, "Father, I think this is a bad one too."—I gave it to my husband—no one had served but me and my daughters—my husband gave the prisoners in custody.
Cross-examined. Q. Did they wait till a policeman came? A. Yes; they were taken in the bar—they did not attempt to get away.
SARAH BURTON . I am nine years old—my mother left me in the bar with my sister—the prisoners came in for a pint of stout, which came to fourpence—I served them—Eldridge gave me a shilling—I tried it in the detector—it broke in two, and I gave him the pieces back—he said, "Have you got any money to pay for this?" and McDonald put down sixpence, which my sister Louisa took up—I put one shilling into the till after my mother left.
LOUISA BURTON . I am the sister of the last witness—I saw Eldridge give my sister a shilling—she broke it in the detector, and gave him back the pieces—McDonald then gave her a sixpence, which she put in the detector
and bent it—I called my father—I put no shilling in the till after my mother left.
WILLIAM BURTON . On the night of 3d, August my daughter Louisa called me into the bar, and showed me a bad sixpence—I closed the doors, and my wife went to the till, and took out a bad shilling—I gave the prisoners in custody with the sixpence and the shilling.
JOSEPH BURTON . I am a son of the last witness, and occasionally wait in the bar—about a fortnight before the prisoners were given in custody I saw Eldridge with about six more men—he ordered a pot of cooper, and gave me a bad florin, which I gave back to him, and he paid with good money.
WILLIAM REED (Policeman, M 235). Mr. Burton gave the prisoners into my custody with this shilling and sixpence—McDonald said that it would not be him that changed it, because he never called for it—I found on him 1s. 6d. in silver, and some copper—I found some paper on Eldridge.
GUILTY .— Confined Two Years each.
ADJOURNED TO MONDAY, SEPTEMBER 19TH, 1864.