CENTRAL CRIMINAL COURT
ELEVENTH SESSION, HELD SEPTEMBER 19TH, 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, September 19th, 1864, and following days.
BEFORE THE RIGHT HON. WILLIAM LAWRENCE, LORD MAYOR of the City of London; Sir GILLERY PIGOTT, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir WILLIAM SHEE, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; THOMAS SIDNEY, Esq., M. P.; Sir FRANCIS GRAHAM MOON, Bart.; Sir ROBERT WALTER CARDEN, Knt; JOHN CARTER , Esq., Aldermen of the City of London; RUSSELL GURNEY, Esq., Q. C., Recorder of the said City; THOMAS GABRIEL, Esq.; JAMES ABBISS, Esq.; THOMAS DAKIN, Esq., Aldermen of the said City; 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. ELEVENTH 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, September 19th, 1864.
Before Mr. Recorder.
MR. F. H. LEWIS conducted the Prosecution.
ELLEN PINKERTON . I am the wife of John Pinkerton—the prisoner was at one time in my service, managing my business—my husband received some imprisonment during that time—the prisoner has from time to time asked me for money, and frequently annoyed me—I did not give it him—he was paid for his services while managing my business—he has made use of threats on many occasions—on 22d August, I had been collecting rents as usual, and as I was coming down Cow-cross-street I saw the prisoner—he spoke to me—I asked how he was getting on—he said he was doing very badly; he had no work, and he asked me for money—I said No, I should give him none; I had to work hard, and he must do the same—he said, "I will knock the front of your b——skull in"—I was trying to escape from him, but before I could do so, he came on my left hand side and struck me with a brick on the bead—he struck me several times before any assistance came—I became insensible—I was taken to the hospital, and continued a week an out patient.
Prisoner. Q. How many years have you known me? A. About fourteen or fifteen years—my husband was tried here about eight years ago—I afterwards put you in a shop to manage it—I bought everything—I did not pay the rent; you did—it was next door to mine—I had nothing to do with it after you got possession of it; you took good care of that, to do me out of the money I had laid out on it—after my husband came out of prison he accused me of being too intimate with you, from your assertion; the people in the neighbourhood did not tell him so—you wrote a letter to me attempting to extort money—I did not think it worth while to vindicate myself from the charges you brought against me—I had business dealings with Mr. Coward, of Guildhall-chambers, and you sent him an anonymous letter containing the same charges—I took no proceedings to vindicate myself—I can't remember what the charges were; it might have been the crime of abortion—I never wrote any letters to you, or appointed to meet you—you have occasionally met me, and have many times tried to extort
money from me—I did not show my husband two receipts for 5l. each that I received from a medical man in 1853—I never received any.
MR. LEWIS. Q. Is there any truth in the insinuation that you procured abortion? A. Certainly not; or in the assertion that I ever had criminal intercourse with the prisoner—I never heard anything of it till he was out of the business—he has ceased to manage that business for seven years.
HENRY MARRIOTT . I am house-surgeon at the Royal Free Hospital—the prosecutrix was brought there on the evening of 22d August—she had a small scalp wound just above the forehead; just below it was a severe bruise, with considerable extravasation of blood underneath the skin, like-wise a black eye—she remained an out-patient till Saturday, 27th, when I found her much worse—she had symptoms of inflammation of the membranes of the brain coming on—she remained an in-patient for a week; she then got much better, and was discharged, and again became an out-patient—she is much better, but still remains in a very weak state—the inflammation was caused by the wounds—they were such wounds as might have been inflicted with a brick-bat, or some blunt instrument—the wounds them-selves were not severe—if remedies had not been promptly applied the inflammation might have been fatal—the wounds were slight, and nearly healed when the inflammation set in.
Prisoner. Q. Did you apprehend any danger at first? A. No; not till five days after—the inflammation would not be caused by excitement.
JOHN WADE (Policeman, 28 G). I took the prisoner—I told him the nature of the charge—he said he would do it again; he would do for her; he did not care if he got six years for it; he should have satisfaction—I saw the prosecutrix before she was taken to the hospital—she was bleeding very much from the head.
Prisoner. Q. Who gave me into your custody? A. Two young women had got hold of you by the collar—I received the brick from a witness named Rickman, who is absent—the prosecutrix appeared stupified—she came to the station and charged you—she did not hesitate about it—I don't remember her saying she would be too clever for you in the end.
The prisoner, in his defence, stated that the prosecutrix was desirous of getting him out of the way; that he only struck her with a small piece of brick, not the large piece produced.
— GUILTY of unlawfully wounding. — Confined Twelve Months.
MR. DALEY conducted the Prosecution, and MR. BEST the Defence.
ELLEN NEALAN . I am the wife of William Nealan, a labouring man—on 30th August, about 6 in the evening, I was walking along Swan-place, Mile-end, with my baby; I was speaking to a neighbour of mine, a Mrs. Tappendon, who made some remark about my little boy's boots, and the prisoner came up and said if I was talking to her instead of Mrs. Tappendon, she would job a knife in my eye—she then struck me twice with something—I did not know it was a knife till I had the second blow—she struck me twice over the eye—when I received the second blow I put my baby down, and said, "It is a knife"—I did not see anything in her hand at the time; the blood came into my eyes, and mouth, and nose—I saw no one at that time—I do not remember any more after that—I became insensible—I forgive her for what she has done—I have got well—I have never been in prison, and I don't want any one to be in prison through me.
Cross-examined. Q. Do you live in the same house as the prisoner? A. Next door—I never had any quarrel with her—I have sometimes had words with the neighbours on account of my children—I had no words with anybody on 28th August; I am quite sure of that—I know a Mrs. Brown, who lives at 11, Swan-place—I never had any words with her at all—I sometimes take a little drink, but not to annoy any person—I have a pint of beer every night for my supper—I was not drunk on Sunday, the 26th—I was not challenging every body in the court to fight—that I will swear—I was not drunk on the day I was struck—I go out washing on Wednesdays and Thursdays—I am a laundress—I had been in the White Swan public-house—it might have been twenty minutes before I was struck—I had a pot of porter there with Mrs. Leak, and her son, and Milledge—I had a drink out of that; nothing else—the prisoner came up to me while I was talking—I never moved—she was not sitting at her own door—I never saw her till she came up to me, and said if I was talking to her instead of Mrs. Tappendon, she would job the b——knife in my eye—when I received the second blow, I put my baby down and said, "She has struck me with a knife"—I did not after that go and break open a person named Jameson's door—I believe I was taken to the station-house on a stretcher—I walked back from the station, and the neighbours put me in bed, and bathed my head with vinegar and water—they were not dreadful wounds; they were very slight.
MR. DALEY. Q. Had you ever had any quarrel with this woman before? A. I never had an angry word with her before.
MARY BRAY . I live in Silver-street, Stepney—on the night of this assault my husband and I were going for a walk down the Mile-end-road, and we were turning over towards this place—I heard high words—we stopped, and I saw the prisoner strike the last witness with a knife—I could not say bow many times.
Cross-examined. Q. How far were you off? A. At the top of the court, dose to the court—I saw a hand with a knife in it going from the door, and the woman stood by the door—one was inside the house, and the other was outside.
WILLIAM CARTER (Policeman, K 78). I was called to Swan-place about 6, on 30th August—I saw the prosecutrix lying at the end of the court—her face was covered with blood—I afterwards took the prisoner into custody—I told her she would be charged with stabbing the prosecutrix in the face with the knife—I picked the knife up off the table, and she said, "That is the one I did it with."
Cross-examined. Q. What is the distance from the top of the court to this door? A. From ten to fifteen yards.
COURT. Q. Was the prisoner sober? A. She had been drinking—the prosecutrix was not drunk, but she had had something to drink—we were obliged to carry her to the station on a stretcher—I behave she had had a little drop to drink—the prisoner was sober.
JAMES HORTON . I am a surgeon—the prosecutrix was brought to my surgery on 30th August—she was suffering from three slight incised wounds; one over the left eye, one across the nose, and one on the left cheek; such wounds could be inflicted by such a knife as this (produced)—she lost a very little blood—they were not dangerous wounds; of course if the knife had struck the eye, it would have been different—the blow was across the eye.
Cross-examined. Q. Might those wounds have been inflicted by a person
going against a knife? A. I think it was a cut, a clean cut—I think the prosecutrix had been drinking—she smelt of beer.
The prisoner's statement before live Magistrate; "I did not stab her at all—I only hit her; I should not have done it at all, but I was having my tea, and my knife was in my hand, and I did it in a passion; I struck her with it then, I know, but I did not stab her."
—The prisoner received a good character.
— GUILTY of unlawfully wounding.—Recommended to mercy by the Jury and Prosecutrix. — Confined Four Months.
ROBERT ROBERTSON . I am a sail-maker, living in Orchard-street, Broad-street—on the night of 23d August, between 12 and 1, I was in Cheapside—I met the prisoner, she asked me to treat her, and I went with her to where she said there was a public-house—as we were going, she pushed against me—I heard something go click; put my hand to my waistcoat-pocket, and found my watch was gone—I called out for a policeman—a man came up, and said he would hold the prisoner while I went for a policeman—he saw a policeman's lantern coming, and he ran away, and the woman put the watch back into my hand—this is it (produced)—it has my initials on the back of it—the bow is broken.
Prisoner. Q. Did you not promise me half a crown, and would not pay me? A. No, nothing of the kind.
JOHN DIXON (City-policeman, 416). I heard a cry of "Police!" and went up to where the last witness and the prisoner were—he gave the prisoner into custody, and gave me this watch—I found the bow broken.
Prisoner's Defence. I met the prosecutor, and he asked me to go down this turning, and he would give me half a crown; he went away without paying me, and then he said he would give me his watch, and I took it to pledge it for the half-crown.
GUILTY .—She was further charged with having been before convicted of felony at the Mansion House, on 3d June, 1863 : to which she
PLEADED GUILTY.— Confined Twelve Months.
The following prisoners PLEADED GUILTY.—
837. FRANCIS SMITH (25) , to stealing 3 quarters of a cwt. of zinc, the property of Thomas Smith, his master.— [Pleaded guilty: See original trial image.] Recommended to mercy by the prosecutor. — Confined Two Months ,
838. WILLIAM CAPLIN (36) , to embezzling the sums of 40l. 0s. 4d., 7l. 0s. 9d., and 3l. 10s. 11d., the property of Coleman Defries, and others, his masters.— Five Year's Penal Servitude. [Pleaded guilty: See original trial image.]
839. GEORGE BROWN (29) , to robbery, with violence, on Bessie Harris, and stealing 1 watch, 1 chain, and 1 tablet, value 15l. her property.— Confined Eighteen Months. [Pleaded guilty: See original trial image.]
841. JOHN NICHOLLS (33) , to embezzling the sums of 3l. 10s., 6l. 6s. 2d., and 4l. 3s. 3d., the moneys of Coleman Defries, and others, his masters.— [Pleaded guilty: See original trial image.] The prisoner received an excellent character, and was recommended mercy by the prosecutor, believing him to be the dupe of Caplin. — Confined Six Months.
844. JOHN HODGES (20) , to stealing a model ship, and 2 sets of scales and weights, the property of William Henry Gresen, after a previous conviction for felony, in February, 1864.— Confined Eighteen Month. [Pleaded guilty: See original trial image.]
845. RICHARD VALENTINE SMITH (28) , to stealing 4 skins of leather, and other goods, the property of Morita Wolfsky, his master.— [Pleaded guilty: See original trial image.] Recommended to mercy by the prosecutor. — Confined Six Months. And
846. GEORGE BURRELL (40) , to feloniously breaking into and entering a chapel at St. Mary, Stratford, and stealing 2 bottles of wine, the property of George Sorrell, and others, after a previous conviction.**— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday September 19th, 1864.
Before Robert Malcolm Kerr, Esq.
MR. COLERIDGE conducted the Prosecution, and MR. COOPER defended MILLER. ELIZABETH WEBB. I am the daughter-in-law of James Webb, who keeps the Golden Lion at Edmonton—on 27th August, between 5 and 6 o'clock, the prisoners came in, and Johnson asked for half a quartern of gin—it came to 2 1/2d.—one of them put down a half-crown; I put down the change, four sixpences and 3 1/2d. in copper, which Johnson took up—I had looked in the till a very few minutes previously, and there was nothing there larger than sixpences—I subsequently discovered that the half-crown was bad, and handed it to my father.
Cross-examined. Q. How soon did you give it to your father? A. Two or three minutes afterwards—no one-else had been served then; but my father had probably been serving before.
Johnson. Q. There were six of us; do you swear that I came in with the woman? A. Yes.
JAMES WEBB . I keep the Golden Lion, Edmonton—on 27th August, my daughter-in-law handed me a bad half-crown—I kept it in my hand and went out after the prisoners—I followed six persons who were together, and then gave the half-crown to the policeman.
Cross-examined. Q. Did your daughter-in-law put the half-crown into the till? A. I think she brought it straight to me; but I was having my tea, and did not take notice.
ANN PRENTICE . I keep a greengrocer's shop at Edmonton—on 27th August, about 3 o'clock, Miller came, and asked for a bottle of soda-water; I said that I had none, but had some lemonade, and she had a bottle, which came to threepence—she gave me a florin, and I gave her 1s. 9d. change—I put the florin into a cup, where there was no other—I afterwards found it was bad, and gave it to Mr. Aylin, who gave it to the police—while Miller was there, Johnson came in, and said, "What have you been doing?"—she said, "They say I gave this lady a bad two-shilling piece"—they were both given in custody.
Cross-examined. Q. When did she pay for it? A. Before she drank the lemonade, and I took the florin up while she was drinking it—I thought it was good—she remained in the shop I daresay five minutes—she sat there some time after I gave her the change—I had no other florin in the house.
Johnson. I asked her what she had got. She said, "A half-crown and a shilling." I said, "You can pay it out of that;" but the policeman would not allow it.
watched the prisoners to the Cock, where they had a pint of half-and-half, and paid with four half-pence—Miller then went to Mrs. Prentice's, and Johnson waited outside—as soon as Miller came out, I went in, and Mrs. Prentice gave me a bad florin, which I gave to the policeman—I fetched Miller back.
Cross-examined. Q. Did you see five or six people about there? A. Yes; there were six of them.
Johnson. Q. Was I by myself, or were the others with me? A. You were sauntering by yourself; the others walked on.
JAMBS WILSON (Policeman, N 260). Aylin handed me this florin, and I gave it to the acting sergeant—I took Miller at Mrs. Prentice's—Johnson then came to the door, and asked if there was a young woman there—I said, "Yes"—he said, "Holloa, what are you up to?"—she said, "They say I have been giving that lady a bad two-shilling piece"—he said, "You have got a good half-crown in your hand, you can give her that"—I took them both in custody.
MILLER— GUILTY .—**† Confined Two Years.
JOHNSON— GUILTY .— Confined Twelve Months.
MR. COLERIDGE conducted the Prosecution, and Ma COOPER the Defence.
JAMES BRANNAN . I was formerly police-inspector of the G division—I am now employed by the Mint, and hold an appointment under the Home Office—on 6th August, I went to Cromer-street, Gray's-inn-road, with Inspector Young, and watched No. 83 with him—he was in one place and I was in another—I saw the prisoner come out about 6, and pointed him out to Young, who was in uniform—we both seized him, and I said, "Charley, you are suspected of having counterfeit coin in your possession; what have you about you?"—he said, "Nothing"—Young put his hand in the prisoner's pocket and took out a parcel, which he handed to me—it was partly in two parcels; a little one wrapped in a large one—I saw the coin—Young handed It to me, and I showed it to the prisoner, and said that it was bad—he made no reply—he said that he had no fixed home—I said, "Yes, you have; you live at 83, in this street; I have had you under observation some time"—the packet contained six crowns, a half-crown and a florin—I took him to No. 83—Young searched the first floor in my presence, but nothing was found—I took him to the station, and charged him with having the coins with intent to circulate them—he said, "How can you tell what is at the bottom of my heart? you do not know whether I knew they were counterfeit or not. You would transport me if you could; you tried your hardest last Session."—I said, "Never mind, we will not discuss that matter now"—I do not know Charley Wyatt—I was not with him in a shoemaker's shop before I took the prisoner—I was there with Inspector Young, and have the shoemaker here to prove it.
Cross-examined. Q. I understand that you gave evidence against the prisoner last Session, and that he was acquitted? A. Yes—when I found
nothing in the room I did not say, "This is heart-breaking"—I said that it was heart-rending for his parents.
EDWARD YOUNG (Police-inspector, L). On the evening of 16th August, I accompanied Brannan to 83, Cromer-street—I saw the prisoner come out—Brannan pointed him out to me, and we went over together and seized him—I took from his trousers-pocket these packets, and handed them to Brannan—one was partly broken, and I saw the edges of coins—I heard Brannan say that it was heart-breaking to see him in that deplorable state, as he knew his relations—I found nothing.
Cross-examined. Q. Did you find a good half-crown in the paper? A. Yes.
Witness for the defence.
SARAH WEYBRIDGE . I lived at 83, Cromer-street, but have removed—I am single, and have lived with the prisoner—on 16th August, before he went out, a young man named Charles, who had been in the habit of coming backwards and forwards to our place, gave him a parcel wrapped in a news-paper—I could not see what was in it—he said, "Hold them for me for a few minutes," or words to that effect—he went out first and the prisoner followed him, and soon afterwards the policemen came in.
Cross-examined by MR. COLERIDGE. Q. What is Charley? A. A fishmonger, I believe—I do not know whether his name is Wyatt—I never went to his house—the prisoner is a shoemaker, and works at home—he has mended children's boots for a friend of mine at 38, Upper Rosoman-street, where I now live.
COURT. Q. At what time in the day did you see Charles? A. About a quarter to 6—I cannot say to a minute, as there was no clock in the room.
COURT to EDWARD YOUNG. Q. How long were you watching? A. An hour and half—I did not see a man named Charley go in, but I was at a different place to Brannan; I joined him afterwards—I could see the door for about ten minutes before the prisoner left.
COURT to JAMES BRANNAN. Could you see the door of No. 83 the whole time you were watching? A. Yes—I saw people go in, as the back parlour is a chandler's shop; but no one connected with the prisoner, as far as I know.
GUILTY . **— Five Years' Penal Servitude.
MR. COLERIDGE conducted the Prosecution.
SARAH AMELIA POWER . I am ten years old, and live with my parents, who keep the Robin Hood public-house, High-hill Ferry—on a Wednesday in August, between half-past 12 and 1 o'clock, the prisoner came in, and asked for half a quartern of gin, which came to 2 1/2d.—he gave me a half-crown—I took it to my mother, who bit it, and put it on the counter—my father took it up, and spoke to the prisoner—the gin was in a bottle, and I took it off the counter.
THOMAS POWER . I am the father of the last witness, and keep the Robin Hood public-house—on 10th August, about half-past 1, I saw my daughter serve the prisoner—he put down a half-crown—she looked at it, and took it to her mother, who bit it, and brought it to me—I took the bottle of gin from the prisoner, and asked him where he got the half-crown—he said that he earned it at shoe-blacking, and got a young chap to give him half a crown for two and sixpence.
SARAH ANN HOWARD . I am a bonnet-maker, of 27, Providence-row, Finsbury—on 27th August, about half-past 12, the prisoner came for one pennyworth of buckram-cuttings—he gave me a shilling, which the man put to his teeth, and found to be bad—my son said that he had been there twice before for buckram-cuttings, and changed bad shillings—I saw my son give the shilling to the policeman.
HENRY HOWARD . I am the son of the last witness—three or four months ago the prisoner came for one pennyworth of cuttings, and gave me a shilling—I gave him elevenpence change—after he left, I found it was bad—my sister put it in the fire, and I saw it melt away—about three weeks afterwards, he came again for the same, and gave me a bad florin—I gave it him back—he said that he would go and change it, and did not return—on 27th August, I saw him again—he gave a shilling to my mother, who gave it to me—I told him it was the third time that he had come there—he said that it was false.
ROBERT BOULBY (Policeman, G 145). I took the prisoner—he said that a woman gave him the shilling at the corner of the street—I looked, but there was no one there—I produce the shilling and half-crown.
GUILTY .— Confined Twelve Months.
MR. COLERIDGE conducted the Prosecution. MARIA LINSELL. My brother, Mr. Luddington, is a hosier, of Southampton-row—on 27th August, the prisoner came in for a collar, which came to nine-pence—she gave me a florin—my brother cut a piece out of it, and gave it back to her—she put it in her basket, and gave me the collar back.
Prisoner. I never entered the shop.
Witness. I am confident of you.
JOSEPH LUDDINGTON . I saw the prisoner at my counter—I cut this florin (produced) and gave it back to her—she put it into her basket—I saw a pair of gloves there, and should say that this (produced) is one of them—she said she received the florin from her husband, and did not know it was bad.
Prisoner. I never was near your shop.
GRACE ALICE CROSSDALE . I live at 55, Great Ormond-street, Bloomsbury, I and am a milliner—on 25th July, the prisoner came for a spray of flowers, which came to 8 1/2d.—she gave me a florin—I gave her the change, and she left—I put it in my purse, where there was no other florin—next morning, I tendered it at Mr. Glades', in New Oxford-street, and it was returned to me as bad—I gave it to policeman E 115—the prisoner came again on 27th August for some ribbon, and offered me another florin for some ribbon—I said, "This is bad, and you have been here before. I shall not let you go till I have a policeman"—she said that she was a respectable woman; that her name was Stedge, and she lived in Great Ormond-yard—I let her go, and put the florin on the table—soon after she went out, Mrs. Carpenter came in, took it up, and went out—I went out and saw her talking to a waterman and the prisoner—I gave the prisoner in charge.
as assistant, and gave me a florin in payment of an account—I passed it to the cashier, who returned it as bad, and I gave it to Miss Crossdale.
JANE BARRIFF . I was cashier to Mr. Glades in July—on 26th July the last witness brought me a florin with some silver to settle an account—there was only one florin, which was bad—I returned it to Miss Brock.
MARY MATILDA CARPENTER . I keep a shop for milliners at 55, Great Ormond-street—on 27th August I saw the prisoner going into the shop, and found a bad florin on the table—I took it up, and followed the prisoner—I lost sight of her in Bury-street, but afterwards saw her come out of a coffee-shop—I charged her with being at my shop five weeks previously, and also that evening, and passing a bad florin—she said that she had not—I gave it to a waterman—she gave her name, Mary Steed, and said that she lived in Great Ormond-yard—I saw the constable take this glove out of her basket at the station—it is the fellow to the one produced, which I afterwards found in my shop tightly rolled up—a florin rolled out of it, which I marked, and gave to the policeman—a piece was cut out of the edge of it.
Prisoner. I gave no name; I merely gave a reference.
ROBERT BOULTON . I am a waterman at Bury-place stand, Bloomsbury—on 27th August, Mrs. Carpenter came to me, and I watched a coffee-shop, and saw the prisoner come out—she was given in custody, and taken to the station—I marked the florin—this is it.
THEODORE REILLEV (Policeman, E 115). On Saturday evening, 27th August, Boulton brought the prisoner to the station—I received these two florins, and have kept them ever since—I also received this counterfeit coin from Miss Crossdale—I found this glove in the prisoner's basket, but afterwards gave it to her—it is similar to this other—I found 2s. 4d. in her basket—she gave her name, Caroline Mills, 9, Robertson-street, New-out, Lambeth.
GUILTY .— Confined Twelve Months.
BATES PLEADED GUILTY .— Confined Two Year.
MR. COLERIDGE conducted the Prosecution and MR. HARRY PALMER the Defence.
REBECCA KENNETT . I keep the Hoop and Grapes, Broadway, Westminster—on 29th August the prisoners came from the tap-room to the parlour—Hefferen asked for two biscuits, and gave me a shilling—I told him it was bad—he said he had received it in change at another house, and gave me twopence—I returned him the shilling, and they returned to the tap-room—I then returned to the till, and found another bad shilling and two sixpences—there was no other shilling—I kept the bad shilling in my hand, went out after the prisoners, and saw them in custody.
Cross-examined. Q. Had they been served before? A. Yes, in the tap-room, but I was not present to see who paid—I did not see Bates give Hefferen the shilling to pay for the biscuits—they went back to the tap-room, but did not stay to drink their beer, which was in the tap-room—I could see the tap-room from the bar—I do not know why they went back there—Hefferen did not appear excited by drink—he took back the shilling—he said, "I took it in change for half-a-crown for two pots of beer"—not "It was taken."
I put it in the till where there was no other shilling, and gave him the change—I went into the parlour, leaving them in the bar a quarter of an hour—after that I spoke to my mother, and saw her go to the till, and take out a bad shilling—I went out, found the prisoners in York-street, and gave them in custody.
GEORGE HENRY DREDGE . I keep the Three Tuns, Broadway—on 29th August the prisoners came about quarter to 1 o'clock—Bates asked for a pot of beer, and gave my wife a half-crown—she broke it in two in the tester, and gave it to me—I told Bates it was bad, and he used disgusting language to me—they offered to pay for the beer in good money, but I would not let them, and gave them in charge with the half-crown.
Cross-examined. Q. Did Hefferen say anything about the beer or the money? A. No—Bates said that he did not know the half-crown was bad.
ABRAHAM SANDFORD . I keep the Blue Anchor, York-street—on 29th August, about quarter to 1 o'clock, Bates came and called for a pot of porter—he cave me a shilling—I tried it, and told him it was bad—he said that he had just received it in change—they paid with a good sixpence, and left.
CORNELIUS TEHAN (Policeman, B 70). I watched the prisoners in York-street, Westminster—they were in deep conversation—I took them with the assistance of another constable to Black Horse-yard, searched them, and found on Bates thirty-eight shillings and three sixpences in good money, and 3s. 4d. in copper—nothing was found on Hefferen—I received these two bad shillings from Kennett and Dredge—these two bad shillings were found in Mrs. Kennett's till.
Cross-examined. Q. Did Hefferen tell you that Bates was a stranger to him? A. Yes; he was rather excited, but appeared sober—they were going towards a pawn-shop.
WILLIAM HAYSON . I took Hefferen—he said that Bates was a stranger whom he met in the streets, and took him to have some beer—I found nothing on him—he said that he was at work till quarter-past eight at some houses.
Cross-examined. Q. Are there some buildings close by? Q. Yes; he was in his working dress.
Hefferen's statement before the Magistrate was that Bates took him to have the beer, and paid for it, and that he was going to sell his Jacket to treat Bates., when they were taken in custody.
Hefferen received a good character.
HEFFEREN.— NOT GUILTY .
WILSON.— Confined Twelve Months.
WHITER. *†— Seven Years' Penal Servitude.
OLD COURT.—Tuesday, September 20th, 1864.
Before Mr. Recorder.
MR. METGALFE conducted the Prosecution, and MR. SLEIGH the Defence.
GEORGE HARPER . I am a commission-agent in the Champs Elysees, Paris—on 5th August I enclosed six bills of Exchange in a letter directed, "C. Turbitt, Esq., 10, Ely-place, Holborn, London, care of Messrs. Lewis and Lewis"—this is it (produced)—it contains the bills and the letter of advice—I gave it to Belanger, my servant, to post.
Louis BELANGER. I am a servant to Mr. George Harper—on 5th August he gave me a letter to post—I posted it at half-past 4.
JOHN HARDING . I am a letter-carrier in the service of the Post-office—I delivered letters in Ely-place on 6th August—I don't remember seeing this letter—if I had had it I should have delivered it; I delivered what I had.
GEORGE COLEMAN HAMILTON LEWIS . I have an office with my brother at 10, Ely-place—I did not receive this letter on the 10th—it is intended for our care—the gentleman to whom it is directed was a client of ours, and had been for many years.
JOHN GARDNER . I am one of the chief clerks at the Post-office—the prisoner was one of the letter-carriers there—he was on duty on 6th August—letters sent from Paris on the afternoon of the 5th would arrive at the General Post-office about half-past 6 the following morning—they would be sorted about 7, or just before 7—about 5 o'clock that afternoon I had occasion to speak to the prisoner on another matter, and I asked him if he had anything at home belonging to the Office—he replied, "No, nothing that I know of"—I sent Smee and Rumbold, the officers, to search—they brought back this letter; it was in the same state as now with these documents in it, and the envelope open at the end—I said to the prisoner, "That letter has been found at your house by the police-officers, how do you account for that?"—he replied, "Oh yes; it was given to me by a labouring man, who said he picked it up in Wilson-street; he looked like a bricklayer's labourer"—I said "When?"—he replied, "About twenty minutes past 10"—I said, "It is open"—he said, "It is just in the very same state that I received it"—he was asked whether he took the name and address of the man—he said, "No, 1 did not; I am sorry that I did not, for I thought I might get into some trouble about it"—the letter bears the London post-mark of the 6th, and the Paris post-mark of the 5th—the prisoner's district is Wilson-street.
HENRY RUMBOLD . I am a police-officer attached to the Post-office—in consequence of instructions, I watched the sorting of letters by the prisoner and Panton on the morning of 6th August—they began about ten minutes before 9—the sorting-table is a long table with separate places for each sorter—after they had been sorting about five minutes, Panton left the table, leaving the prisoner there—the prisoner's back was then to the table—as soon as Panton was gone, he turned round, and took two or three letters from Panton's table, and took them to his own seat—I saw him go out of the office on his delivery about 10 o'clock—in consequence of instructions that afternoon, I went to the prisoner's house, 61, Cumberland-street, Hackney-road, soon after 5 o'clock—I searched the back-room, a bed-room—the prisoner's wife was present—I got up on a chair, and looked on the top of a cupboard, where there were two hat-boxes and a bonnet-box, and underneath the hat-box I found this letter concealed—it was in the same state it is now, open at the end—I took it back to Mr. Gardner, and heard the conversation he has related.
Cross-examined. Q. Suppose a letter-carrier finds in the parcel of letters before him one or more letters not belonging to his delivery, what would he
do with it? A. I believe he would sort it to its proper place; but the inspector can tell you the prisoner's duties better than I can—the seal of the letter has not been broken; the contents were not taken out—hot water or something must have been applied to open the end.
COURT. Q. How many were there sorting at this time? A. Only the prisoner and Panton; they were side by side.
HENRY GOODWIN . I was assistant-inspector of letter-carriers on 6th August last—when the French mail comes in, about half-past 6 in the morning, it would be opened about 7; there would be two sortings—this particular letter would be left till 9 o'clock to be sorted, to go out at 10 for delivery—the letters would be left from half-past 8 on a table opposite my desk in the letter-carriers' office, under my own supervision—the letters are placed on two or three seats for the letter-carriers—there were only two that morning, Panton and the prisoner; they commenced sorting about ten minutes past 9—the prisoner had no right to remove any letters from Panton's table—the table where the prisoner was sorting is not the table the constable alludes to when, he speaks of seeing him remove the letters to his seat; that is where be arranges his own letters for delivery—no letter-carrier sorts his own letters—the City is divided into four sections; A, B, C, and D—these letters were on the table in the A section—there had been a previous sorting in the Inland-office, commencing soon after 7—most of the Paris letters were sent out for delivery at 8·30—these letters were placed in the A section to be sorted into walks, and they are collected by a man who takes them to the seats in the A section, where the letter-carriers arrange their letters—the prisoner and Panton were sorting letters for the A section, but they deliver in B section, in a different part of the City altogether—a letter for Ely-place would, in the ordinary course, be among the letters which Panton and the prisoner were sorting—the prisoner would have no right to take from Panton two or three letters, and take them to his own seat; it would be entirely contrary to the regulations—Wilson-street, Finsbury, is in the prisoner's district, Ely-place is not—if he received a letter for Ely-place from any one who had picked it up, it would be his duty to bring it back to the Post-office; it would not be contrary to the regulations to take it borne if he was going home, especially, if, as he said, the letter was open, but it would be his duty to give it up the first time he came to the office.
Cross-examined. Q. Supposing Panton bad in his bundle two or three letters that belonged to the prisoner's district? A. In that case they should be placed up in the B section; there was no sorting going on then for B section.
DAVID PANTON . I am a letter-carrier and sorter—on 6th August, about 9 o'clock, I was employed in sorting in section A; the prisoner was employed at the next seat to me—I left in the middle of the sorting, and went to sign for my money—I don't remember whether I had at that time collected any letters for the other sections; I don't think I had—I was sorting the French letters for the 10 o'clock delivery—the prisoner and I went out on our walks about 10.
HENRY GOODWIN (reexamined). The prisoner would go out on his delivery about 10 o'clock; he would come bank to the Post-office at 2—he had also undertaken a 4 o'clock duty on that day—it was at 5 that the conversation
The prisoner received a good character.
— GUILTY of secreting the letter. — Confined Eighteen Months.
EDWARD CHANTLER (City-policeman, 466). On the evening of 24th August I was on duty in Cheapside, and saw the prisoner coming along with these two parcels (produced)—in consequence of something that was said to me by some one, I went to him and asked where he got them from—he said of a man at the corner of a street—I said, "At the corner of what street?"—he said he did not know exactly what street it was—I asked where he was going to carry them to—he said he did not know—I then took him into custody—on searching him at the station, I found a lot of these scarf-rings upon him; he said he got his living by selling them—he gave me an address, 37, Workman-street, Charlotte-street, Whitechapel—there is no such street in the neighbourhood.
THOMAS SHEPPARD . I am a porter at Messrs. Ryland and Son's, of Wood-street—on the evening of 24th August I was standing in Milk-street—I saw some man in the street, and a minute or two after that a man passed me in Milk-street with two parcels on his head; I don't know who that man was—he went into Cheapside, and one of the parcels fell from his head—I thought there was something wrong, and I called the policeman's attention to him—the policeman crossed over, and then I left—he went up to the crowd which was then round the man—I don't know who the man was—I did not wait to see.
Prisoner. Q. Am I the man that you saw pass you? A. I could not swear to you—all I can say is that I saw a man with two parcels on his head.
COURT. Q. Was the man you pointed out to the policeman the man who was bringing the parcels from Milk-street? A. I believe so.
JACOB ISRAEL DAVIS . I am agent to Messrs. Edmund Bell, and another, of Bradford and No. 6, Milk-street—these goods are their property; they only came in an hour or an hour and a half—I missed them, and went out, and met the policeman with the prisoner in Bow-lane.
Prisoner. Q. Did you see me about your place? A. No—I saw a woman who came into the warehouse to sell pens, and I saw some one go out behind her, but I could not tell who.
Prisoner's Defence. I was stopped by a gentleman, and he asked me to carry those parcels. I was selling rings. He did not say where I was to carry the parcels. He was walking with me. The policeman stopped me and asked me where I was going with that I said I was employed to carry it.
PLEADED GUILTY.— Confined Twelve Months.
MR. BEST conducted the Prosecution. MR. RIBTON defended Williams.
ROBERT AIRY . I am a schoolmaster, and live at 27, Herries-street, Herculesbuildings, Lambeth—on 26th August, about ten minutes past 6, as I was going over London-bridge, three fellows surrounded me and hustled me
and pushed me towards the parapet of the bridge—from their appearance I judged something was wrong—I felt a tug at my watch; I looked down and saw one of the prisoner's hands leave my pocket; I could not swear I which—as soon as that happened they left me—my watchguard was hanging I down, and my watch was gone—I turned round and seized Williams, and said, "I want you; you have taken my watch"—he said, "It was not me, sir"—I held him tight, and gave him into custody; he was one of the three I that surrounded me—I can swear to him by his hare-lip, and also to the I other two.
Cross-examined. Q. Was there anything going on there? A. A steamer I was coming in, and a crowd of persons were looking over the bridge at it—when I seized Williams the other two had gone about three yards behind, towards the Borough.
Donovan. Q. Did you see me with the watch? A. I do not know who I got the watch—I distinctly saw a hand—Williams was on my left side, you were on my right, and Homes was in front.
WILLIAM CHARLES LEIGH . I am a clerk, and live at 7, Alfred-place, Brunswick-street, Dover-road—on 26th August, shortly after 6, I was passing over London-bridge—I saw the prisoners—there was a steamer coming in, and a great number of persons were looking over the parapet to see it—I saw the prosecutor trying to move along, and the three prisoners around I him, pushing him about—I then saw a hand drawn from his pocket; I believe it was Homes's—I saw one of them pass the watch on to Donovan—I Homes tried to get away—I laid hold of him by the shoulder—he said, I "What do you want with me"—I said, "Come with me and I will tell you"—he tried to struggle, but there were two ladies and gentlemen behind him, and I kept him.
JOHN CURTIS (City-policeman, 543). On Monday, 26th August, about 6 o'clock, I was on duty on London-bridge in plain clothes—I saw the three prisoners standing together, and the prosecutor standing in the middle of the footway, looking over the bridge—they surrounded him—he tried to get past, but they pushed him towards the parapet—he turned round and collared Williams; at the same time I saw Leigh collar Homes—I then saw Homes pass something to Donovan, who ran away over the bridge towards the Borough—I followed him—when he got nearly to the other side of the bridge he threw something over the bridge—he then turned round to me and said, "What do you want me for?"—I took hold of him, and said, "Come back with me and I will tell you"—he said, "You have not got me to rights now."
Cross-examined. Q. There was a crowd, was there not? A. Not a crowd; there was a few more than the ordinary passengers—a good many were leaning over the parapet to see the steamer coming in—there was no need for any pushing; there was plenty of room on the footway.
Donovan PLEADED GUILTY to a further charge of having been previously convicted in August, 1863.
DONOVAN. **— Seven Years' Penal Servitude , HOMES. **— Five Years' Penal Servitude. WILLIAMS. *— Confined Eighteen Months.
MR. BEST conducted the Prosecution, and MR. COLLINS defended Duggan.
—on 16th August, about 12 at night, I was in the Back-road, coming towards home—I met the three prisoners; they came up Bluegate-fields—I spoke to them first; I inquired of Robinson if his name was Brown—I found I was mistaken, and I said, "As it is a mistake I will give you a pot of beer"—they went with me into the King and Queen public-house—before I went in there I had 12s 6d. in my left-hand pocket in a bag, and 3s. in my right-hand pocket—I had counted my money in Old Gravel-lane, before I met the prisoners—I paid 6d. for the pot of beer, and the landlord gave me 2d. change—I got that 6d. out of my left pocket, from the 12s. 6d—I don't remember whether I took out the bag or not, or whether the 6d. came out of it in my pocket—the bag was not fastened—I suppose I pulled it out, but I acknowledge I was intoxicated—when I went out of the public-house I went towards home—I don't recollect what happened to me; the first thing I recollect was finding myself in the street near my own door—my father-in-law was with me—I was taken to King David-lane station, and there saw the three prisoners—I examined my pockets; there was no bag in my left pocket, or baccy box, purse, or anything, but the 3s. were still in my right pocket.
Cross-examined. Q. Where had you been to that night? A. Taking a walk with my brother-in-law, who I had not seen—I had had a little to drink—I was drunk—I believe all my money was in my pocket when I counted it in Old Gravel-lane, but I would not say positively—I can't say why I put 12s. 6d. in the bag; we do many things when we are in liquor that we don't do when sober—I am confident I did put 12s. 6d. in the bag; it was a half-sovereign, two shillings, and sixpence—I know I had 16s. when I left home, and I know I spent sixpence for a quartern of rum opposite the London-dock—my brother-in-law and the gentleman with him paid for the rest of what was had—they are sailors, and have gone to sea—I went out about 7, and was drinking off and on till 12—it was about half an hour after I had parted with my brother-in-law that I counted my money.
WILLIAM SPELLMAN . I am a paperhanger, 22, Hungerford-street, Commercial-road—on the night of 16th August, about 12 o'clock, I saw the prisoners and the prosecutor, and knowing him, I tried to get him away from them—I was in the King and Queen having a drop of beer when they came in—the prosecutor was the worse for liquor—we left the house, and were going home, and when we had got about 100 or 120 yards, just round the corner, the prisoners came up and asked for some money to pay for their lodging—Goodwin said he had got no money, not above three halfpence, and he gave them three halfpence, and Duggan deliberately struck him, and said, "Take that, you sod," and knocked him down—he then went to pick him up, and Robinson rifled his pockets—Two was standing looking on—I heard money jink, and something passed from one hand to the other—I don't know what it was—I did not interfere till they had gone away—I then, followed them, and gave them in charge to the first constable I came to—my wife was there at the time, and she was ready to go into fits—they threatened to knock her down if she interfered, and called her names not fit to mention—she followed the prosecutor home.
Cross-examined. Q. Where had you been? A. At work up to half-past 11—my wife came to the King and Queen after me—I had been there about a quarter of an hour—I went out of the house with the prosecutor—we had not left three or four minutes when the prisoners followed us—in was in Chapman-street that Duggan knocked the prosecutor down, at the corner of Albion-court—it was very dark—I was not more than two yards from the
prosecutor at the time he was knocked down—I did not call out or attempt to prevent it—I had enough to do to look after my wife, she was in such an agitated state—she was close alongside of me—I afterwards took her to the other side of the road—the rifling of his pockets took place when they were picking him up—Duggan picked him up, and Robinson rifled his pockets—I saw his hand close by his pocket—I won't positively swear it was in the I pocket, but I heard money jink when he pulled his hand away—I did not I see anything in his hand—they all three ran away—I went after them at a pretty sharp walk—it was about 300 yards before I found a policeman; they were all together when he took them—he took two of them, one went away and came back again, and I pointed him out to another policeman—at I the time the rifling took place my wife might have been five yards from them—she was on the other side of the road—I took her over there, because she was so frightened—this took place at a dark comer, not a passage, it is a thoroughfare—I saw some money in the prosecutor's hand in the public-house—I can't say how much; there was more than one piece of silver—he pat it back into his pocket—he paid sixpence for the beer, and had two penny pieces out.
ELIZABETH SPELLMAN . I am the wife of last witness—on the night of 16th August, about a quarter to 12, I went to the King and Queen to look after my husband—while I was there the prosecutor came in, followed by the three prisoners—Duggan asked him for some beer, and a pot was called for—the prosecutor paid sixpence for it, and had two penny pieces out—I can't say whether he had any other money in his hand at the time, but there was a shilling dropped—I don't know who picked it up—the prosecutor left with me and my husband, and the prisoners followed—we walked a few steps up Leary-street, till we came to Albion-place, when Duggan asked Goodwin for some money to pay for his lodging—he gave him twopence, and said that I was all the money he had—Duggan said it was only three halfpence, and he struck him, and knocked him down—he then picked him up, and held him with his hands down by his side, and then he put his hands in his pockets—Robinson went to his assistance, and I heard money jink—Two stood by—he did not go to his assistance—when Duggan knocked him down I called him a wretch for so doing, and he then put heavy threats on me and my husband, and said he would serve us the same—I made no noise—I was afraid in consequence of the threats—eventually the prisoners went away—my husband followed them—I am positive they are the men.
Cross-examined. Q. We have heard that this took place in a dark passage? A. There was a lamp on the opposite side—I was close to the prosecutor when he was knocked down—my husband stood by the side of him—I did not go on the other side of the way at all—I am quite sure it was Duggan that knocked him down—I firmly believe him to be the ringleader—I an sure that the man who struck him rifled his pockets—I saw one hand in his pocket as he supported him with the other—I did not see any money, but I heard it jink—I did not call out, because of the threats—I was that frightened I have not been well since—this happened about three minutes after we had left the public-house—there were houses near—it was a very violent blow that knocked him down—he fell as if stunned—it was only one blow—they ran away—I can't say how fast—my husband went after them—they were about twenty-five minutes or half an hour in the public-house—my husband drank out of the pot of beer—I did not have any.
Spellman pointed out the three prisoners to me in Cannon Street-road, and I took them into custody—we met the prosecutor on the road to the station, and he said, "They are the three prisoners that robbed me of 15s."—I searched them—I found 11d. on Duggan, 1 1/2d. on Two, and 3d on Robinson—I found no bag, purse, or half-sovereign.
Cross-examined. Q. Where were the three prisoners when you first saw them? A. In Upper Chapman-street, walking in the direction of Cannon-street, about 100 yards from where Spellman spoke to me—I and Spellman walked after them, and overtook them—they said they had not robbed any one—they went quietly to the station—another constable followed behind.
NOT GUILTY .
DUGGAN was subsequently indicted for the assault, and acquitted.
MR. DALEY conducted the Prosecution.
ELIZABETH HARDEN . I live at No. 6, Farmer's-folly, and am an unfortunate girl—on 10th September, another girl, who lives in the same house, brought the prisoner home—I first saw him in the kitchen with Sarah Williams—I heard him ask her to sleep with him—she said she would if he would pay her—he said he had no money; he would pay her the next day—she said, "You can't sleep here if you haven't the money to pay me"—he then caught her by the throat and threw her on the bed—she called out "Lizzie," and I went in and saw them—I asked the prisoner what he did there, and told him to go away quietly—he would not, and he then followed me into the other room, with a knife in his hand, behind him, and made a stab at me—I put up my arm, and caught the knife on my arm, and called out, "I am stabbed"—he then made another stab at me, and Sarah Williams pot her right arm up and got the blow on her arm—a man named Reed then came in, and took the knife out of his baud, and he was given into custody.
COURT. Q. Did you raise your arm when you saw the knife? A. Yes—I did not raise it against the knife—he made a blow at me—he said, "I will not go out of here," and he struck me with the knife.
SARAH WILLIAMS . I live at 6, Farmer's-folly—on 10th September, about half-past 2, the prisoner went into the house with me; the last witness was there then—the prisoner asked me if I was engaged—I said, "No," and he followed me into the kitchen—I asked him if he had any money—he said, "No"—I then said, "You must go out if you have not got any money; I am not going to sleep with you"—he refused to go, and I called Lizzie, and she asked him to go out—he said he would not go, and then he followed her and struck her with a knife—I did not see him strike her the first time—I heard her cry out, "He has stabbed me," and he said, "Yes, I have, and I will do it again"—he was going to strike her again, and he caught me in the arm with the point of the knife.
JOSEPH REED . I am a seaman, and lodge at 26, Princes-square—I have been stopping with Elizabeth Harden since I have been home—about half-past 2 on this night I was at 6, Farmer's-folly—I saw the prisoner and the two females there—became into the house with an excuse that he wanted to light his pipe—he followed Sarah Williams into the back-room, and took out his knife, and opened it behind his back—he then came into the front-room again, and I heard Elizabeth Harden say she was stabbed—I went in and took the knife out of his hand, and in doing so I cut the prisoner's
thumb—he did not say anything—I fetched a constable—this is the knife (produced)—it is a sailor's knife.
The prisoner's statement before the Magistrate: "I have nothing to say against the officer except one thing, that I said they thought to rob me, because Williams had robbed me before this in her house. I had 15s or 16s. in my trousers pocket, and the knife in the same pocket; I just went to get a light to my pipe; she saw I was a little the worse for liquor; she gave me permission to get a light; whilst I was walking into the second room I was getting my pipe out, and the money rattled, and as I was getting a light she put her hand into the pocket where the money was, and pulled it all out; she pulled the knife out at the same time; I made a struggle to get my property, and in the struggle the knife got open and cut my thumb, and that must have been the way those women got cut; this man Reed came to their assistance directly, and whilst we were struggling together, Harden took it up and struck me on the eye; Reed was struggling to get the knife, and I thought it best to give it to him; I never asked Sarah Williams to stay with me, because I have a wife and family at Hartlepool."
The prisoner, in his defence, repeated in substance his former statement, and stated that the wounds were done by accident in a struggle, and that he was quite certain that he did not strike the women with the knife.
NOT GUILTY .
Confined Nine Months.
NEW COURT.—Tuesday, September 20th, 1864.
Before Robert Malcolm Kerr, Esq.
Mr. CRAUFURD conducted the Prosecution.
JOHN HERBERT . I am a waiter at Mr. Pritchard's refreshment house, 83, Long-acre—on 9th September, the prisoner came for a basin of soup, which came to twopence; he put down a shilling, and I gave him tenpence change—about two minutes afterwards another customer came, to whom I gave the shilling from my pocket, and found it was bad; there were only two sixpences and that shilling in my pocket—next day the prisoner came again for a basin of soup and put down a shilling—I tried it with my teeth and found it was bad—I saw that he was the same man, and said, "This in a bad shilling, and you passed one to me last night"—I gave him in charge—he offered to pay me with a good shilling—I kept both the shillings, and gave them both to the constable—I also saw a shilling picked up at the shop where the prisoner sat.
Prisoner. I had not a shilling; I paid him with an old sixpence.
Witness, I have not the least doubt of it.
CHARLES HAWKERIDGE . I am cook to Mr. Pritchard—I went into the shop on the 10th when the prisoner was sitting there—he was left in my charge while the policeman was sent for—I heard something drop, and when he got up I looked under the seat, and found two bad shillings wrapped up together—I gave them to Mr. Pritchard.
Prisoner. Q. Was I the only person who sat there that day? A. No;
fifty others may have sat there—I did not search the seat before you came in.
GEORGE MEAD (Police-sergeant, F 9). I was fetched by Herbert, who gave the prisoner in custody and handed me the two shillings—he said, "If I have given you a bad shilling, here is one in the place of it; I took it at a beershop at the west end of town in change for a half-crown"—at the station he said, "I was in the house the night previous, but I know nothing about the shilling"—a good shilling and eighteen duplicates were found on him—Mr. Pritchard handed me these two shillings in paper.
GUILTY of the uttering on the 10th. — Confined Twelve Months.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution,
HARRIET BARKE . My husband is a cheesemonger, in Copenhagen-street on 23d August, about half-past 8, the prisoner came there, and I served him with some rashers of bacon and two eggs, which came to sixpence—he gave me a shilling—I gave him sixpence and he left—I put the shilling in the till—there were then two sixpences in it; no other shilling—my husband came in shortly afterwards—he went to the till, called to me, and said, "You have taken a bad shilling"—no one had been serving but myself.
Prisoner. Q. You had seen me in your shop many times before, had you not? A. Yes; you had never given me bad money before that I know of—I think I have only taken coppers of you—I told my husband that I knew who had given me the shilling; I said it was the painter-man, and he then said, "That is the man who has given me my shilling."
WILLIAM OSGOOD . I am a greengrocer of 143, Copenhagen-street—on 28th August, the prisoner came and bought some coals and potatoes, which came to ninepence halfpenny—I served him—he gave me a shilling, which I put into the till, gave him twopence halfpenny change, and he left—there was no other money in the till; it was the first money I had taken—in consequence of something my wife said, I went to the till, took the shilling out, tried it, bent it back each way, and found it was bad—the prisoner had only just gone out—I went out and caught him at his own door, which is the first turning from us, a few doors down—I gave the shilling to him, and said, "I don't like this shilling; have you got another?"—he said, "Well, it is a rum-looking one," or some such words as those, and said, "Here is another one if that won't do," and he took out a handful of silver from his pocket, and I took a shilling out of it—I gave him back the bad shilling; it was not bent then—it gave way very easily—I bent it straight again in the detector—a few days after he came again and bought a few things—he then said, "That shilling that you brought me back was a rank duffer—I broke it with my fingers."
Prisoner. Q. Had you seen me in your shop before the 28th? A. Yes; I suppose you had been dealing with me five or six weeks—sometimes you gave me silver and sometimes copper—I have taken bad money before, but I don't say I got it from you—I took a new shilling out of your hand and hit it on this occasion—I said on the first examination that I could not
swear the shilling you gave me was bad—I bent it first and then bent it back.
HARRIETT BARKE . I am a daughter of George Barke, a cheesemonger of Copenhagen-street—on 6th September, about half-past 8 in the morning, I served the prisoner with some bacon, butter, and eggs, which came to six-pence; he tendered me a florin, which I bent easily in detector, though it sounded good—he said, "What, is it a bad one, because I have got a good shilling in my pocket if it is?"—I said, "Never mind, we will see directly," and called my father, who went for a policeman.
GEORGE BARKE . On 23d August I found a bad shilling and two sixpences in my till—I wrapped the shilling up in paper and gave it to policeman 453—on the 7th my daughter called me into the shop; the prisoner was there—she said, "Father, this man has given me a bad florin"—I said, "You have given me two shillings before, and I shall give you in charge this time"—he said, "You have known me before, why have you not told me of it, if I have given you bad money previously?"—I said, "We had not a chance then, we have one now, and I shall give you in charge," which I did with the florin.
Prisoner. Q. Did not you say at the station that when you found the shilling was bad, you had 9s. in the till? A. No; I said "Several shillings—no one was serving but my wife and daughter when I found out the first shilling—I found it out immediately you went out—I chucked it on one side of the till as I suspected you were not altogether right—I could have ran after you if I had had anybody in the shop—I did say at the station that I could not swear I gave you this shilling—I always go the till to see if there are any florins, as people say afterwards that they are half-crowns; so we chuck them to the back of the till—I wrapped up the shilling which I took, and afterwards put the shilling my wife took in the same paper.
ROBERT WHITE (Policeman, 453 N). I was called, and the prisoner was given in my custody—Mr. Barke handed me a florin, and then went to the till and took a piece of paper out, from which he gave me two shillings—I searched the prisoner, but only found a latch key—he said, "I passed the florin, but did not pass the two shillings previously."
Prisoner. Q. Did not I give my right address? A. Yes; I found no good or bad money there.
Prisoner's Defence. I received the florin in the morning from a man named Cam, who refused to come here; it was for a coat, which he has now. It was not in my power to subpoena him, but I told him to come up and I would pay his wages, but he refused. I was not aware that the coin I gave to Mrs. Barke was bad; I received it for a good one.
NOT GUILTY .
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
EMILY HANNAH NANCE . I am a niece of Mr. Hunter, of the Bell, Wellington-street—on 10th September, the prisoner came with a female for half a quartern of gin—I put it on the counter, and they both drank of it; it came to threepence—the prisoner gave me a bad shilling—I took a knife and cut the rim almost all off to disfigure it as much as I could, and put it down on the counter—the prisoner took it up and gave me another, which was also bad—I did nothing to that, but my cousin fetched a constable.
Prisoner. Q. Was it an old or a new shilling? A. New; it was bright
—you did not Attempt to go, but I did not tell you I was going to give you in custody—the second was a new shilling also.
MR. COLERIDGE. Q. After he tendered the second bad shilling, did the female pay for the gin? A. Yes.
JOHN HUNTER . My father keeps the Bell in Wellington-street—on 10th September, I came in and saw the prisoner there with a woman—my cousin gave me a bad shilling, saying that the prisoner had tried to pass it, having passed one previously—he said something, but I cannot remember what—I went for a constable and gave him in charge with this (produced).
Prisoner. Q. How do you know that it was bad? A. I soon saw that by the look it of—this is it.
COURT. Q. How do you know it? A. By the date, 1859—I will not swear that this other shilling of 1859 (produced) is not it—I gave the constable the shilling my cousin gave me, which was one of 1859.
WILLIAM SMART (Policeman, 56 F). I was called to the Bell on 10th September, and the prisoner was charged with uttering a counterfeit florin; I took him, and the last witness gave me this shilling—I found on the prisoner one counterfeit shilling, seven sixpences, one threepenny-piece, ninepence in coppers, and a farthing—this is the bad shilling; it is not cut.
Prisoner. Q. What sort of a shilling did Hunter give you? A. A Victoria shilling of 1859, neither very old nor very young, but it was very bright, as if it had not been used much—the bad shilling I found in your pocket was of 1853, it was mixed with other money, it did not appear to have been tried—I received no parcel from the barmaid that Saturday night—she gave me a parcel of bad money rolled up in paper on Monday morning—you had had a little to drink, and were about a quarter drunk.
COURT. Q. You said that the shilling was neither very old or very young, what do you mean by that? How do you know that Mr. Webster has not substituted one for it while you were out? A. I cannot tell that.
Prisoner's Defence. It is quite possible that a man may have two bad shillings or more, but it is not at all likely that he would tender a second, after being told that the first was bad.
GUILTY .**— Confined Two Years.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution, and MR. WILLIAMS defended Page.
CHARLOTTE PAULL . I am barmaid at the International dining-rooms, Fenchurch-street—on 15th August, between 4 and 5 o'clock, Howard came for a bottle of ginger beer, which came to threepence, and gave me a shilling—I gave him ninepence change, and kept the shilling in my hand—he had got to the door, when a policeman came, brought him in, and said, "What did he give you?"—I said, "This shilling," it was still in my hand, and I gave it to him—I had seen Page before that, and I think it was that morning I found a bad shilling in each of the tills—I gave one to the policeman and the barman gave him the other.
Howard. Q. Was I sober? A. I cannot say—I cannot swear that you paid both the shillings.
Cross-examined. Q. Did you know Page before? A. No; I do not remember seeing the prisoners together.
ELIZA STIFF . I am barmaid at the American Stores, 55, Fenchurch-street—on 14th August, between 3 and 4 o'clock, Howard came in for a glass of beer, and gave me a shilling—I bent it in the detector, and then bent it straight again, gave it to him, and asked him if he was aware it was bad—he said, "No"—he paid fur the beer and took the shilling away with him—about half an hour afterwards he came again for a glass of beer—I cannot swear to Page, but a man came in to pass a bad shilling at the same time, though Howard came in alone—I believe Page was in the house at the same time—Howard paid me with threehalfpence, and then left; that was about 4 o'clock—a policeman afterwards brought him back, and asked if I had seen him in the house before—I said, "Yes."
Cross-examined. Q. Have you a hundred customers a day? A. Yes. Howard. Q. After you returned me the shilling, will you swear that I did not pay you with another shilling? A. No; it was either with a fourpenny-piece or coppers.
HENRY RUTTLE (City-policeman, 577). On 15th August, in consequence of information, I waited outside the American Stores, and at half-past 4 we saw Page come out—he joined in conversation with Howard, who was outside, and they walked up Fenchurch-street—Page crossed over to the International dining-rooms—when he came out, he spoke to Howard, who went in, while Page stopped outside, and afterwards went in again—I met the officer Morgan, who went to the International dining-rooms, and, as he went in, both the prisoners came out, and walked towards Lombard-street—I followed them, and told them to come back with me—Page said, "What is amiss?" I said, "Come back and see"—I went back, spoke to Miss Paull, and asked her whether she knew the men—she identified Howard or Page as passing this bad shilling (produced), which she handed to me—I took them to the station, and found on Howard ten sixpences, seven groats, six threepenny pieces, and fourpence, a small bottle, and some pins, two of which have obscene pictures in them—they had been drinking, but Page was more sober than Howard—the barmaid gave me another bad shilling.
Cross-examined. Q. You have been examined before; did not Miss Paull say that Howard passed it to her? A. I will not be confident—I know in the first case she said that Howard paid it, but I do not know about the second.
CHARLES MORGAN (City-policeman, 553). On 15th August, about half-past 4 o'clock, I was in Fenchurch-street, nearly opposite the American Stores—Ruttle called my attention to the prisoners, who were walking along Fenchurch-street in company near me—I watched them—they were near the American Stores, and walked towards Gracechurch-street—I followed them to the corner of Lime-street—they stood by the door of the International luncheon-bar, which is at the corner—Page went in and came out, and then Howard went in; they then both went in and came out, and I watched them up Fenchurch-street—I went into the Stores, said something to the barmaid, came out, followed them with another constable, overtook them, and took them back to the public-house—Miss Paull identified Page as having passed a bad shilling, and I took them to the station—going along, I took them into the American Stores, and the barmaid, Stiff, said she believed they had passed bad money there, but would not swear to them—going to the station, a gentleman said that Page had dropped something, and gave me these two shillings (produced)—Page heard that—they were side by side, but Page said nothing—he was searched, and
four sixpences, a fourpenny piece, and 2s. 9 1/2d. in copper, and a betting-book were found upon him.
Cross-examined. Q. Who was the gentleman? A. I do not know—I asked him to come to the station, but he did not—I mean to say that Miss Paull identified Page as passing the bad shilling, not Howard—I only had Page in my custody, Ruttle had Howard.
MR. WILLIAMS to CHARLOTTE PAULL. I identified Howard as passing the bad shilling.
WILLIAM WEBSTER . These shillings are all bad—these two of 1864 are from the same mould—one of those found in the paper is from the same mould as that given by Page to the barmaid at the International.
Howard's defence. Ten or twelve weeks ago I was defrauded out of 10l. by a party in Northumberland-street, Strand; I deposited the money, and could not get it back. I afterwards met one of the parties, who went into a house, and said that the man to whom I paid it might probably be found there; I succeeded in getting 10s. in silver from him; he slipped away from me somewhere in Eastcheap; I went into the dining-rooms, and paid with the first coin that came. I saw Page, whom I had never seen before, and asked him to direct me to Lombard-street; I gave him a glass of beer, and then he said, "I will go and have a glass at my own expense, I see you have had too much already;" that is all I recollect.
Page received a good character.
GUILTY . Confined Two Yean each.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
HENRY GEORGE HEALD . I am secretary to the Church of England Sunday School Institute—they carry on business as booksellers on Ludgate-hill—on 3d August the prisoner came in for a "Monthly Magazine," and put down a half-crown—I saw at once that it was bad, and said, "I cannot give you change for that—I was alone—I stepped forward to take it, and he put it in his pocket and ran down stairs, saying, "I will come again by-and-by"—on 6th September he came again for a "Monthly Magazine"—it came to 1 1/2d.—I knew him again the moment he came in, and I said to my boy, "Look sharp, Willy"—the prisoner put down a florin—I said, "That is a bad florin"—he turned to the boy, and said, "I must have one of the penny Magazines, then"—the boy gave him a penny one, for which he paid three farthings—it is our custom to allow Sunday-school teachers 25 per cent—the prisoner is not a Sunday-school teacher—I sent for a policeman, and, the prisoner said, "I hope you are not going to lock me up;" and that he was a teacher at the Brunswick Chapel Sunday-school, Dover-road—I gave lain in custody with the florin.
JOHN FREEMAN (City-policeman, 373). On 6th September the prisoner was given into my custody with this florin (produced)—I found on him a farthing and a magazine—he refused his address to the inspector, but afterwards, in the cell, he gave it at 19, Clarendon-place, Vassal-road, Brixton, and said that he was a Sunday-school teacher in the Dover-road—I made inquiries, and found it was false.
Prisoner. When I was remanded you said that there was no one at home at Brixton; it is my father's house. A. Nobody would own you.
Prisoner's Defence. I went to work at the Underground Railway, and met one of my shopmates, who asked mo to have a pint of beer—coming along by some ruins I saw this florin in a corner, and, as I had had these
magazines before, I went to buy one. The gentleman said that it was bad and that I had been there before, I said that I had not.
GUILTY . Confined Twelve Months
MR. GENT conducted the Prosecution, and MR. DALEY the Defence.
GEORGE COLLINS . I live at 3, Parker-street, Drury-lane, and am a porter in Covent Garden Market—I have lived with the prisoner as my wife for about three years—about two in the morning of 31st August, I was standing at the comer of Parker-street, the prisoner passed by me, and made a kind of jeer at me—I let her pass, and passed by her afterwards—I went down Drury-lane, and stopped about ten minutes—she came back, ran across the road, and struck me—she made a second blow—I put up my hand and found something running down my chest—she saw the blood and ran away, and I after her—I ran across the road to where she threw the knife down an area—she fell down, and I caught hold of her—I saw her throw something from her left hand—a policeman came up, and I was taken to the hospital, where I was for four days.
Cross-examined. Q. How old is she? A. I do not know—I cannot say whether I have been living with her since she was sixteen—I used sometimes to be two months with her, and sometimes three months—I saw nothing in her hand, and do not know what she struck me with—I had had no quarrel with her, but I had not been with her for a month—I did not live happily with her.
DANIEL MARLOW (Policeman, 116 F). I was on duty, and heard cries of "Murder!"—I saw the prosecutor holding the prisoner on the ground, and bleeding profusely from the chest—he said, "This woman has stabbed me in the chest, and thrown the knife in the area"—I took them both to the station, and found the knife in the area at about half-past 5 o'clock.
Cross-examined. Q. Why did you not find the knife before? A. Because it was dark—when it got light I saw it—the large blade was half shut, just as it is now.
MR. GENT. Q. Did you see blood on the man's clothes? A. Yes.
ELEN PENNING . I am house surgeon at Charing-cross Hospital—Collins was brought there on 13th August, with a punctured wound on the chest, which had been previously dressed by the divisional surgeon—it had been made about au hour—I suppose this knife would produce such a wound—it was not dangerous, because it did not penetrate to the cavity of the chest—it was an inch and a quarter deep, and was between the third and fourth ribs—he is quite well now.
Cross-examined. Q. Could it have been done with the corner of the blade when shut? No, it was a punctured wound—it only penetrated the flesh in an oblique direction upwards.
MR. DALEY to GEORGE COLLINS. Q. Do you known how the prisoner gets her living? A. She was a prostitute before I met her, but did not continue so while I lived with her—she did not go out for my purposes while she lived with me, only for her own purposes to get drunk—I did not hive the money—the longest time I lived with her was three months at a time—it was sometimes a month, sometimes a fortnight—she was a prostitute while she was living with me, but I mean to say I never got any of the money—I left her because she got drunk, and used to call me names, and jeer and laugh at me, but when I saw she had no money and no clothes, I was advised to go back, also because after leaving home I did not want to
go back to my parents—they live in Drury-lane—I quarrelled with the prisoner sometimes, when she called me names, but the last time was through drink—she has threatened to leave me many a time—I did not ask her to come back to me just before she stabbed me—I have no idea why she stabbed me; she never spoke to me—she only laughed and jeered at me—I never struck her—we had no scuffle or words—when she struck me, I told her she had better go home or I would have her locked up—I did not take the knife from her, because it was dark, and I did not see it, or know that she had it till I found the blood running down my side—I am not living with any girl now; I live with my sister in Pitt's-place.
The prisoner's statement before the Magistrate:—"The prisoner states she is innocent of stabbing the man."
GUILTY of unlawfully wounding .—Recommended to mercy by the Jury.— Judgment respited.
The following prisoners PLEADED GUILTY:—
—He received a good character.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
OLD COURT.—Wednesday, September 21st, 1864.
Before Mr. Baron Pigott.
MR. BEST conducted the Prosecution., and MR. SLEIGH the Defence.
ANNIE WILLIAMS . I am the prisoner's wife—about half-past 10, on the evening of 25th August, I was walking in Leicester-square—a gentleman was with me—the prisoner came up to me—I told him to go away, I did not want him—he said I was his wife, and where I was he had got the right to be—we had a few words together, and he cut me in the neck with a knife that he uses in his business as a saddler—I got it in my hand, and broke it in two, and threw it on the ground—I ran into the Sabloniere Hotel, and was there attended by a surgeon, and afterwards by a gentleman who was supposed to be my father.
Cross-examined. Q. Who is that gentleman? A. Mr. Cutliffe—he is a surgeon—he has known me from a child—he brought me into the world—he attended my mother at my birth—I have been married to the prisoner fourteen years—we were married at Barnstaple—we lived there comfort and happiness for several years—he then came to London, and followed his business as a saddler here—I was living comfortably with him here—about four months ago we lived in Nutford-place—while residing there I was seized with illness—Mr. Cutliffe was brought to attend me—he visited me two or three times—I don't think he came above twice while we were there, because I went into Whitechurch, in Shropshire—I lost sight of him for some time, until about a year or eighteen months ago, and then became re-acquainted with him—he took the Old Cock public-house in
the Haymarket—I was then lodging in Brewer-street, Pimlico; a private lodging-house—Mr. Cutliffe was very badly off while we were there, and my husband received him into the house, and gave him his meals from day to day, in consequence of his impoverished state; that was both in Brewer-street and in Princes-street, Pimlico—Mr. Cutliffe afterwards came into some property, 500l., and he took the Cock public-house, and put my husband and me into it, and he also lived there—the result of it was that he and I turned my husband out of doors, and I have been cohabiting with him up to the time this happened—it was not Mr. Cutliffe that I was walking with—although cohabiting with Mr. Cutliffe, I was walking the streets in the neighbourhood of Leicester-square, with any man I could meet—two or three nights before this occurrence, my husband entreated me to return with him to his home, and abandon my course of life—on this night when I was walking with a strange man in Leicester-square, he came up to me, and entreated me to come back and be a wife to him, and he would forgive all—I told him to go about his business; I would walk with whom I liked—this knife was given to him by Mr. Cutliffe—it is a doctor's knife, and the prisoner used it in paring his leather—it is a straight knife, and will not shut—this is it (produced).
WILLIAM CONQUEST (Policeman, C 169). On the night of 25th August, about half-past 10, I was on duty in Leicester-square, and saw the prisoner and prosecutrix near the Alhambra—when I arrived within about a dozen yards off them, I saw the prisoner raise his hand, and seize her by the throat, as if shaking her—before I got to them, she extricated herself from the prisoner's grasp, and ran into the Sabloniere Hotel—the prisoner followed her, and caught her by the shawl in the door-way—I then went up to the prisoner, and took hold of him—as I did so, a waiter came out of the hotel and asked me to go in, which I did, with the prisoner—I saw the prosecutrix there, and saw that she was stabbed in the left side of the neck—I then took the prisoner into custody—as we were going to the station, he said he was glad he had done it, and he should now die happy—he was sober—I got part of this knife from Sergeant Lee; the other part I saw picked up by a young man near the door.
Cross-examined. Q. Did not the prisoner appear to be in a terribly excited state? A. He was rather excited—he might have had something to drink, but he was perfectly sober—he was very excited.
JOHN SCALE . I am a surgeon, 2, St. Martin's-place—on 25th August, between 10 and 11 in the evening, I was sent for to the Sabloniere Hotel, and there saw the prosecutrix—I examined her neck—I found an incised wound on the left side, about half an inch in length—it was not of a dangerous character—it might have been caused by a knife of this description—I did not probe it—it was not deep.
Cross-examined. Q. It was only a superficial wound? A. I could hardly call it so; it was not of any great depth; it was a cut across.
JOHN WILSON (Police-inspector, C). The prisoner was brought to the reserve-room at Vine-street-station, about half-past 10, on 25th August last—he said, holding up this locket, "This is my portrait; the portrait of the man who has cut his wife's throat; see the blood on my hand; I hope she is dead"—there was some blood on the fingers of his right hand.
GUILTY of unlawfully wounding.—Recommended to mercy by the Jury, in consequence of the circumstances under which the act was committed. — Confined Three Months.
MESSRS. DALEY and HOUSTON conducted the Prosecution, and MR. SLEIGH the Defence.
WILLIAM CLAPPERTON . I am a farrier, and reside in Angel-lane, Hammersmith—I have known the prisoner and deceased about six months—on Sunday, 28th August, I met the prisoner at 2 o'clock, at the White Horse, Shepherd's-bush, kept by the deceased's sister—I and a niece of the deceased went out and got to the railway-station to come to London—we met the prisoner there—he said, "I am going back home; we might as well go home together;" and we all three got into the same carriage—when we got to Farringdon-street he asked us home to tea, and we went, and remained there three hours—he lived at 9, Cross-street, Hatton-garden—we had ten there, and enjoyed ourselves—during the time we were there, the prisoner and his wife appeared on most excellent terms—we had one pot of ale while we were there, and when we got to the station we were about twenty-five minutes too soon, and we had another pot of ale there amongst the four of us—when the train came up, we shook hands all round—we were all in very good spirits, and the prisoner kissed the young woman I was with, the deceased's niece, and he turned round to me and said, "Don't be jealous, old fellow; you can kiss my old woman," which I did, and we went off by the train—we arrived at Shepherd's-bush about 7 o'clock—we had been in the house twenty minutes or half an hour, when the prisoner came in—I asked him how he had come down there so soon after us—he said, "The old woman has been blowing me up, and I have come down here to get out of the way"—he had had a little drop too much to drink at that time; in feet, he was not sober—we had several drops of rum while he was there—I should think he drank three glasses of rum, one of brandy, and two or three of ale—that was at the White Horse, his sister-in-law's—he left there about half-past 10 to go home by the train.
Cross-examined. Q. Was that the last you saw of him? A. Yes; he was intoxicated when he went away; I noticed that the deceased coloured up very red at the time of the kissing all round, and I remembered it afterwards, because I heard that she was very jealous of the prisoner—when he came afterwards to the White Horse, he did not say that his wife had been blowing him up for kissing her niece—he did not say what it was for—I have always heard that he was a kind and affectionate husband—I have seen them on pretty happy terms together chafing and laughing—sometimes I have seen them have a few words, but I have always seen him give in—he has made use use of the expression, "My old woman will nave her own way, and I must let her have it."
ANN CHADWICK . I am the wife of Thomas Chadwick, of Baker's-row, Coppice-row, Clerkenwell—I knew the prisoner and deceased—on Sunday night, 28th August, about 8 o'clock, the deceased came to my house, and remained some two hours with me—she said her husband had struck her in the eye in Farringdon-street, and that was the reason she had left him—after that I went home with her.
Cross-examined. Q. I believe you had known the prisoner and his wife about two years? A. Longer than that—his conduct to her was always kind and affectionate when he was sober.
SARAH COLLIER . I live at 9, Cross-street—the deceased and her husband lodged in the same house—I have known them about ten months—when they were sober they lived, I thought, comfortably; when he was drunk they lived very unhappily—on Sunday evening, 28th August, the prisoner came home first; his wife sent for me afterwards—she asked to sleep with.
me, as she had done several nights before—I did not see the prisoner again till 12 o'clock that night, when I entered the room, the second floor front—I heard his voice on the stairs about 12—he came up to my door, the back room, second floor, and asked if his wile was there—I said she was not—he then pushed the front room door open and went in, and in a very few moments I went in, almost as soon as the prisoner—when I went in the deceased was on the left-hand side of the bed, kneeling on her knees, and her chemise all torn—Mrs. Turn bull was in the room—I went round to where the prisoner and deceased were, and he struck her three blows about the head—he appeared to be very angry; he was swearing very much, using very bad language; he was in the height of passion—I took a clean chemise out of my aunt's drawer in the room, and put it on the deceased—during that time the prisoner sat on a box close to the deceased, and when he gave her a blow she said, "For God's sake, don't kill me"—that was while I was putting the chemise on her he gave her the three blows I have spoken of—they were such blows as a man would give when he was in a passion, just as if he was very cross and angry, and did not mind how hard he hit; they were with his clenched fist—he then got up off the box and kicked her; I only saw one kick with his right foot, in the side, just between the stomach and lungs—I saw the mark afterwards—she never rose up from her knees during the whole time—I said to her, "Are you much hurt?" and she said, "I am very bad"—I said, "Has he hurt you very much?"—she said, "Oh, he has given me my death-blow"—those were the last words the spoke—she leaned down on her side, and I went to her and supported her bead, as well as I could, and she vomited a little blood—the prisoner changed in a moment as soon as he saw the blood, and he helped me to raise her up, he got some water, and bore her up while we bathed her temples—he went for the doctor, and fetched some brandy, which the doctor ordered.
Cross-examined. Q. The moment he thought he had given his wife some injury he did all that man could do for her? A. Yes; directly it was done he did all that man could do to bring her back—he appeared very sorry for what he had done—when he came home he did not find her in her own room, but in my aunt's, Mrs. Turnbull's—whenever he was tipsy she always got out of his way, for fear of his knocking her about—he appeared to be very angry at her not being in her own bed—I believe they had had a good many cross words in the evening, not before they went out, but after coming from seeing their friends off; I did not hear anything myself; I was not with them—he was not so kind when he was liquor; that was his fault—they have two children.
MR. DALEY. Q. When the prisoner went into Mrs. Turnbull's room, did you go in after him? A. Yes, in about a second—he struck her the first blow the moment I went in—there was no quarrel between them before that.
SARAH TURNBULL . I am the wife of James Turn bull, and live at 9, Cross-street, Hatton-garden—on Sunday, 28th August, a little after 10, the deceased came to my room; my niece brought her—I was in bed, and was very ill—we slept together till 12 o'clock—I was awoke by the prisoner coming to the door, and hallooing out, "Is my wife here?"—I said, "Yes, Wilkinson"—the door was not locked; he opened it, came round to the other side, and pulled his wife out—my niece came in directly after—I got away from them to the other side, having a bad shoulder, and saw nothing of what he did—I heard the deceased say, "For God's sake don't murder me"—I heard no sound, only there was a scuffling—I afterwards saw the deceased carried
down stairs—I carried the lamp on before—the prisoner carried her almost all the way himself—I did not see any violence—I saw her afterwards dead.
Cross-examined. Q. The first thing you heard as soon as he came into the room, and you got out of bed, was a scuffing between him and his wife?
A. Yes—after the scuffling had lasted a little while my niece came in—the prisoner was very much distressed when he saw how his wife was injured—the did all that man could do to restore her—there was very little light in the room; I had a paraffin lamp on the table burning very low—the room was all but dark—my niece did not bring in any fight—I never saw the prisoner unkind to his wife, except when he was in drink—he was a kind father—he is a stonemason by trade.
FRANCIS SCOTT (Policeman, G 216). On the morning of 29th August I went to 9, Cross-street, and saw there the prisoner, the deceased, the doctor, and two females—the deceased body was lying on the floor—I asked how they accounted for the bruises on her face—the prisoner was present—the doctor said, "I think it is a case for your interference, constable"—I took the prisoner into custody—I afterwards found this old chemise, reduced to a mass of rags.
GEORGE BALDOCK (Police-serjeant, G 1). The prisoner was brought to the Clerkenwell police-station on the morning of 29th August—I told him he was charged with a very serious offence—he said it was not what he did that night, it was what he did on Friday.
THOMAS CLARK . I am a physician and surgeon, of 115, Holboro-hill—on the morning of the 29th August I was called to see the deceased—I found her lying on her back almost dead—I observed two or three bruises on the face and arms—I applied remedies—she died soon afterwards—I made a post-mortem examination—I found all the organs of the body healthy except the upper part of the right lobe of the liver, the left kidney, and the spleen—on the upper and right side of the abdomen there was a slight abrasion of the skin, no bruise—there was a large quantity of effused blood in the abdominal cavity, which proceeded from a rupture of the spleen on its inner side, next to the stomach—there was no external indication of the cause of that rupture—a kick would have a tendency to rupture the spleen—the abrasion was on the opposite side to the rupture—a kick given there would not rupture the spleen; it could not do so—the rupture was the cause of death—I saw nothing about the woman to indicate that she would have died on that night if there had been no violence—violence might accelerate the death by rupturing the spleen.
Cross-examined. Q. There was no appearance of any other cause of death? A. No—if the spleen had not been ruptured she might have been alive still—the rupture might have proceeded from a blow or kick, or from a fall—the spleen was preternaturally enlarged, and very much diseased; in an advanced state of disease—there are very few cases recorded of a spontaneous rupture of the spleen—I don't think it was in such a state that it would have ruptured from disease in a short time; it was not so diseased as to lead me to form an opinion as to time—it might or might not result in spontaneous rupture—rupture of the spleen may be produced by violent exertion, such as coughing or vomiting—from the state in which this spleen was I should say it would not be ruptured from a cough—it might have been occasioned by a fall, or a sudden twist in getting out of bed.
MR. DALEY. Q. May the spleen be ruptured by a blow without leaving any external mark? A. Yes, a slight blow of the hand—hearing that blows had been given I should attribute the rupture to them—there was no disease to account for it
The prisoner received a most excellent character, amongst others, from the father, brother, and sister of the deceased.
GUILTY of Manslaughter. — Confined Twelve Months.
MR. COLLINS conducted the Prosecution, and MR. COOPER the Defence, ANN ROWLAND. I am the prisoner's wife—we have been married twentyone years—I lived with him at 24 1/2, Sekforde-street, Clerkenwell—on 1st August, between 3 and 4 in the afternoon, the prisoner came in—I had been drinking, and was very tipsy—he asked me for his money—of course I would not give it to him; that exasperated him, and he struck me, and knocked me down—I struck my head against the fender, and I remember nothing more that passed—he knocked me down with his hand—I don't remember his striking me with anything else—I don't remember being taken to the hospital; I don't remember anything till I found I was there—the prisoner was then sitting facing me—I don't remember seeing a hatchet; I saw the policeman with it—I had two wounds and a small scratch.
Cross-examined. Q. I believe, during the twenty-one years you have been married, the prisoner has been a kind husband to you? A. Yes, in every way—he generally handed his wages aver to me—he is a gold and silver refiner—when ho is at work, he has about twenty-three shillings a week—he was in the habit of paying it all over to me within one or two shillings—he frequently found me the worse for liquor—I have given way to that habit for a long time past—he has complained to me about it several times—a portion of the money he asked me for was spent in that way.
PAMELA SMITH . I am the wife of Frederick Smith, of 19, Sekforde-street, Clerkenwell, which is exactly opposite the prisoner's house—from my room, I can see into theirs—on Monday, 1st August, I heard quarrelling in their room; it continued about half an hour—I was sitting at the window before it commenced—the prosecutrix was lying on the bed—both window were wide open—it was about half-past 4 in the day—she came to the window, and I thought I saw blood on her lace and hands—she turned round with her back to the window, and her hair was all down her back—as it being very white, I could see plainly that it was covered with blood—the prisoner was standing by her side—he was speaking to her in an angry tone, and I saw him strike her on the head with something—it was something with a handle; and after the blow, the blood streamed afresh down her back, and she was a dreadful sight—she called out, "Oh! murder!" and I called as loudly as I could from my window for some one to go to her assistance—I was very much frightened, and I went in, and saw no more of it.
Cross-examined. Q. Could you see in what state she was? A. I know she was intoxicated before that; she was lying on the bed in that state—I should say she was tipsy for four days out of six—I thought him a quiet, hard-working man—I knew very little of them—I thought he was too good for her—I believe they have no family.
JURY. Q. Did you see her get off the bed and come to the window? A. I believe the prisoner pulled her off the bed; at all events, he was trying to rouse her.
August, after the alarm was given, I went with the constable up stairs to the prisoner's room, on the second floor—when we got in, the prosecutrix was neither sitting or standing; she was half-kneeling, any how, between a chair and the window, in a bent position—she seemed to be trying to do something to her head—it was in a fearful state of blood—the constable said he must take the prisoner into custody; she said, "Don't take him away, for he is a good husband to me; I don't wish him hurt"—she was beastly drunk—when I went close to her with a bottle of water, her breath smelt so much of gin, that I could not stand near her—I afterwards went with her in a cab to the hospital—I then went back to the room with the constable, and found this chopper or hatchet (produced)—he was in one corner of the room—there were some very small marks of blood on the handle.
Cross-examined. Q. Have you lived near them for some time? A. Yes—she is almost always drunk—he is a hard-working man—there is not a more quiet, inoffensive man in Clerkenwell; and I am sorry to see him in this position.
COURT. Q. Was the blood on the hatchet fresh? A. It was rather dry—I could not say whether it had come on the hatchet that day or previously.
PHILIP ROKIN (Policeman, G 280) . Between 4 and 5 in the afternoon of 1st August, I was called in to the prisoner's house—I knocked at the door—no one answered—I knocked again; no one answered—I knocked a third time, and told him if he did not open the door, I should certainly break it open—the prisoner then opened it—when I got in I asked him what he had hit his wife with—he said he had not hit her; he had knocked her down, and her head had fallen against the fender—she said that he had hit her with the hatchet—he said he had not hit her with a hatchet, but he had certainly pushed her down, and her head went against the fender; and that caused the wounds—I told him I must take him into custody—she said I must not, for he was a good husband to her—I got a cab, and took her to the hospital.
JURY. Q. Was there any blood on the fender? A. There was not, that I could see—I looked.
JOHN WRIGHT (Policeman, G 260). I took the prisoner to the station—he said on the road that he had done it—I searched the room with Pitney about an hour afterwards, and found this chopper in a coal-box in a corner of the room—there was a little blood on the blade, and a little on the back—it was a little fresh—I afterwards took, the hatchet to the hospital, where the prisoner and his wife were; and as soon as he saw it, he said, "That is the one, and I wish I had chopped her head off."
Cross-examined. Q. I suppose he was excited? A. He was a little; he was, apparently, rather grieved at seeing his wife in the state she was—this chopper is used for chopping wood to light the fire with—it was in the coal-box amongst the coals.
ALLEN (Police-inspector, G). About six o'clock on the evening of 1st August, I went with the prisoner to the Royal Free Hospital—I took him to the bedside of his wife—I asked him how she received the injuries to her head—she said, "At half-past 4 this afternoon, my husband came home, and asked me for some money. I refused to give him any, and he took up a chopper that was in the room, and struck me on the head. I became insensible, and recollect nothing more till I found the policeman and neighbours in the room"—I put that statement in writing, and she signed it,—the doctor said that she was likely to die—I showed her the chopper, and
asked if that was the chopper she was struck with—she said, "Yes"—I took the prisoner back to the station, and told him he was charged with feloniously cutting and wounding his wife by striking her on the head with the hatchet—he said, "Yes, I did; but not with the sharp end of it; it was with the back"—I said, "Her life is in danger"—he said, "A good thing too."
JOHN DANIEL HILL . I am resident medical officer at the Royal Free Hospital—on 1st August, the prosecutrix was brought there—she was very much blanched from loss of blood—her head was bleeding—there were two wounds on the upper part of the head, and one at the back—they were serious wounds—her life was in danger for some time afterwards—one wound was a clean cut wound; the other two were of a bruised nature—the one at the back part of the head was such as might be made with the hatchet; the other two might have been produced by a blunt instrument, such as the back part of the hatchet—they might have been caused by a fall, but the other was a clean cut wound with a sharp instrument—it was a dangerous wound; it extended through the substance of the skull—she remained in the hospital till 5th September.
Cross-examined, Q. Might the wound at the back of the head have been inflicted by a sharp fender? A. I think not—it was a clean cut in the skull—she is quite well now.
The prisoner received a good character.
— GUILTY of unlawfully wounding. — Confined Twelve Months.
NEW COURT.—Wednesday, September 21st, 1864.
Before Mr. Justice Shee.
MR. GIFFARD conducted the Prosecution. MARY MONTAGUE. I am nurse in Dr. Eddison's service—on 25th August, about 2 in the morning, I was in bed in the top front room, and was awoke by seeing a light in the room, and a man with a candle in his hand, looking into a cupboard—he was dressed in military uniform—I called out, and he went out of the room—I leave my room door open at night—I rang the bell, and afterwards went down stairs with the rest of the servants—I found the drawing-room window unfastened—I went back to my bedroom, and missed a silver watch, which I had left on the dressing-table when I went to bed—this is it—this knife and pocket-handkerchief belong to Miss Eddison—I had seen this handkerchief safe the night before—I am certain of the watch—I have no mark on it—the man's uniform was the same as the prisoner has on now.
Prisoner. Q. Had I regimental overalls on? A. I do not know.
THOMAS CRUMP . I am the prosecutor's butler—on 24th August, between half-past 10 and 11 at night, I locked up the house, with the exception of the drawing-room—I cannot say whether that window was closed, as I left the family there when I went to bed—I bolted the hall door—about 2 o'clock I was awoke by a bell ringing—I went down stairs, and found it was the last witness's bell—I proceeded to her bedroom, and from what she told me, I armed myself with a poker, took a candle, and searched the house, but found no one—the bottom sash of the drawing-room window was partly open—the hall door was shut, but the bolts were drawn back—I found a piece of wax candle
by the curtain of the drawing-room window—a desk on one of the drawing-room tables had been attempted to be opened by a key—not the regular one—there were some broken scissors—Mr. Eddison's bag which he takes to the City had been attempted to be opened without a key, and was bent—I informed Sergeant Churchill, who accompanied me to the house—we then searched the balcony outside the drawing-room windows, and the sergeant found this riding-whip in my presence—the drawing-room is the first floor from the street, and the window looks towards the garden.
CHARLES CHURCHILL (Police-sergeant, 729). On 25th August I searched the balcony outside the drawing-room window and found this whip (produced). DANIEL MAHONY. I am serjeant-major of the 13th Hussars, stationed at Hampton—on the morning of 25th August, in consequence of information, I searched the prisoner's bed, and in the centre of the palliasse, among the straw, I found these two pocket-handkerchiefs, and a pocket-knife—there was a slit about a foot long, which was tied with a string, to keep the straw from falling out—I received information about a watch, made a further search, and the following morning found this watch in the centre of the prisoner's pillow-case—six other men slept in the room—this whip is similar to what our men carry—I showed the prisoner the handkerchief and the knife—he said that he knew nothing about them, and did not know how they came in his bed.
JOHN SMITH . I am a private of the 13th Hussars, stationed at Hampton barracks—on 24th August I lent the prisoner a whip to go on band fatigue in the afternoon—I saw him at the barracks next morning, and asked him for my whip—he said he had lost it, and would buy me another one; that a young woman he was with took it out of his hand and flung it away, and he did not know whether it went into the river or into the house.
The prisoner produced a written defence, stating that he lent his jacket, cap, and one of his gloves to a young man, who afterwards returned them to him; that in the morning the penknife fell out of the pocket, and he found the watch and handkerchief in the pocket, and not knowing what to do with them, put them in his bed
GUILTY .— Confined Nine Months.
MR. BEST conducted the Prosecution.
JAMES PAYNE . I am a carpenter, of 17, Lower-road, Islington—the prisoner used to lodge some years ago at my daughter's, Mrs. Williams, 8, Nicholas-street, Shoreditch—she is the wife of George Williams—I was at their house on 3d September, between 12 and 1 in the morning—while I was there the prisoner came to inquire for Mrs. Williams—I said that she was not at home—he said that it was false; she was at home—he was in the parlour, and I ordered him out—I said, "What do you want with Mrs. Williams?"—he said, "That is my business"—I said, "You had better go out at the same door you came in from"—he said, "I shall not," and went towards the passage saying, "If you touch me I will fire at you," taking a pistol from his pocket, and immediately presenting it at me—I had not said
or done anything to him, and had not soon him for twelve months—he pulled the trigger when I was about a yard from him, aiming towards my chest—I put my arm up to prevent it coming to my face, but the cap snapped and the pistol did not go off—I turned towards the door to get a constable, and heard the report of the pistol behind me—I jumped aside; a crowd came up, and he was taken in custody.
Prisoner. Q. Did not you say "If you do not go out I will turn you out?" A. Out of the parlour—I did not attempt to take hold of jour collar—you pointed the pistol at ray chest or face—you did not bold it up towards the ceiling.
JOSEPH BRANSTKAD . I am a gold-chain maker, of 76, Nicholas-street, Hoxton—on 3d September, I was sitting at my window, and heard the report of a pistol—I saw some people running across the road—I ran after them, and waited till Mr. Williams came up, when he and I went into the house together, and found the prisoner there with a pistol in his hand, which Mr. Williams wrenched from him—it was given to Mr. Payne—Mr. Williams and I took bold of the prisoner, and gave him to a policeman—the pistol was given to Inspector Webster.
CHARLES WEBSTER (Police-inspector, N). I received this pistol from Mr. Williams—it was loaded with powder and paper, but had no bullet or cap—this paper (produced), which has been used as wadding, was picked up on the pavement.
GEORGE WILLIAMS . I am Mr. Payne's son-in-law, and live at 8, Nicholassreet—on 3d September, in consequence of something I heard I went to my house, and found the prisoner in the kitchen—I took this pistol from him, and gave it to the inspector.
EMMA PEPPER . I live at 6, Nicholas-street, Hoxton—on 3d September, I was at my door, and saw the prisoner at Mr. Williams's in the act of firing a pistol at Mr. Payne it was in this direction (horizontal)—I heard the report, and heard something pass by me, and something go along the pavement, which I turned to look for, and saw the paper fall a little beyond me—I gave it to Mr. Williams—I was two doors from the prisoner; about as far as the Court is wide.
Prisoner. Q. Where was I standing? A. On the threshold of the door—I only saw the half of you outside the door, pointing at Mr. Payne, who looked round to see if any one was following him, and be jumped on one side, to the kerb, when he heard the report; before that he was in the centre of tho pavement.
WILLIAM EVERETT (Policeman, N 287). I took the prisoner at Mr. Williams' house—he said at the station, "I did not intend to shoot Mr. Payne; there was a ball in the pistol, which I loaded the night before to shoot rats and mice in the back yard, which we have a great many of, and me and my friend catch them, and shoot them"—I found on him a small portion of powder and pistol caps, mixed together, three duplicates, and a small pocket-book, but no bullets or shot—he said that Mrs. Williams owed him 3l. for dresses, and he was hard up, money he wanted, and money he would have.
Prisoner. Q. When we went into the station-room at Worship-street, did not the conversation commence about Mr. Williams? A. No—I did not say to you "Was not the pistol loaded?" nor did you reply, "Yes, but not with ball; it was loaded with powder and paper"—we had no conversation about Mrs. Williams.
Prisoner's Defence. There was not a bullet in the pistol; I really loaded
it to frighten Mrs. Williams, but Mr. Payne was there to prevent my seeing her; I had a letter containing an acknowledgment of money due to me; she toro it out of my hand, and tore it up, saying that I had no proof, and I might summons her or do what I liked; I did not expect to see the prosecutor; I knew the pistol contained blank charge, but I thought by firing it, to frighten him, and compel Mrs. Williams to put in an appearance. We three persons formed a sort of triangle, with Mr. Payne standing at the apex, so that the ball would not pass Mrs. Pepper, it would go on the opposite tide, and strike the wall; a ball discharged from a pistol that size would go fifteen or sixteen yards before it fell. I will produce a witness who saw me load the pistol the night before with a charge of powder and paper, but no bullet; I told the policeman I could not bring my case before the public in connation with the money, as it embroiled me with Mrs. Williams's husband. He said, 'Was the pistol loaded?' I said, 'Yes, but not with a bullet, only with paper and powder.' I had not seen the man for twelve months, and bore him no malice; I merely did it to frighten him, and compel the woman to put in an appearance." The prisoner called
JAMES EDWARDS . I lodge with the prisoner—on 2d September, he said to me, "I shall go round and see Mrs. Williams in the morning, and I will take this pistol with me"—about tea-time I saw him load it with about half a teaspoonful of powder—he said, "Do you think that is enough?"—I said, "Do not ask me anything about it"—he fired two balls at a cat in the yard, and then said, "Through firing those two bullets away, I have no bullet to frighten Mrs. Williams with," and be loaded it with paper, rammed it with a pen-holder, and said that he should not put a cap on then—he give me two letters to read, and said, "To-morrow I shall go to Mrs. Williams's, and hand her these letters to read, and tell her if she destroys them, I shall shoot her, and if she does not pay me the money I shall send these two letters to her husband at the Conference Office in the City-road, which will show up her true character to him"—I read them—they were signed by Mrs. Williams, and were about connexions which had been carried on between them.
NOT GUILTY .
MR. POLAND conducted the Prosecution, and MR. RIBTON the Defence.
WILLIAM RUSSELL . My father is an upholsterer—on 10th August, I was at 93, Old-street-road, the shop of James Christmas, a general dealer—I was up-stairs at about 10 o'clock, having supper with a person named Hammond, who sent me to fetch some beer—I went out at the shop door, and shut it after me—the shutters were up—the door has a regular latch, which caught when I pulled it to—I returned in five or six minutes, and found a number of people round the door.
Cross-examined. Q. Is there a key to the door? A. No—I closed it fast, and shoved myself against it before I left it.
ALBERT HAMMOND . I am a salesman in the employ of John Christmas, of 93, Old-street-road—it is his dwelling-house—on 10th August, about 10 o'clock, I was at supper with Russell up-stairs, and sent him out for some beer—after he had gone I went down with a candle, and saw a man in the shop—I dropped the candle to lay hold of him, and he opened the door and ran out—I followed him, and caught a man three or four yards from the door—he threw me off and ran on—I followed him, but a man caught hold of me and stopped me for a moment, and I lost sight of him for a moment—when
I caught sight of him again he was stopping—I think the prisoner is the man I first caught hold of, but am not certain—he was standing up a narrow turning, and I heard people say "That is the man"—I caught hold of him, and gave him in custody, 500 or 600 yards from my master's shop—I did not see him throw anything away—I passed a place where there was a hoarding—the shop door shuts with a spring lock—I searched the shop, and found that nothing had been taken away.
Cross-examined. Q. When you ran out of the house did you catch the first man you met? A. Yes—I cannot say whether the prisoner is that man, or whether he is the man who was in the shop, because it was dark when I dropped the candle—I found the prisoner standing up against the wall in a narrow turning.
Ma POLAND. A. Was the man you stopped near the shop-door running or walking? A. Standing, I think; but I saw nobody else, so I suppose he was the roan—I did not tell him what the charge was; he broke away from me—the prisoner was standing against the corner of the wall, and I took hold of him, and gave him in custody, because I thought he was the man—nobody had stopped; there was nobody near him.
JURY. Q. Were there many people in the street? A. Yes; standing with stalls in the road.
MARY ANN ELIZABETH JOHNSON . I am sixteen years old—I live at 16, John's-passage, Old-street-road—on 10th August, about 10 o'clock, I was in Old-street-road, and saw a man, who I think is the prisoner, run out of Mr. Christmas's house—about three yards from there he passed a hoarding, lifted up his hand, and chucked something over in paper—he then ran off—I saw Hammond and other people run after him, but I lost sight of him.
Cross-examined. Q. Did you see Hammond come out of his shop, and seize a man? A. Yes, and a young man stopped Hammond—I saw the man get away from Hammond; who he was I do not know, nor who the man was who threw the parcel—I saw Hammond pass the hoarding running—I was not running.
MR. POLAND. Q. Did you point out the hoarding to the policeman? A. Yes.
PHILLIS ASTROP . I am the wife of James Astrop, a carpenter, of 13, Wilmott-street, Shoreditch—on the night of 10th August, I saw a man taken in custody about a quarter of a mile from Mr. Christmas's, and close to my shop—I first saw a stout man running, and afterwards saw him throw something away across the road, towards Mr. Cooper's—he was standing still then—I heard something fall which sounded like the jerking of money—the stout man then ran away, and was taken in custody—I did not go up to the policeman—I turned round to go across the road—he was taken about sixteen yards from where I saw him throw something—I gave information.
Cross-examined. Q. Was there a great crowd? A. Not very; there might be twenty people—I cannot say that the prisoner is the stout man I saw; I was too far from him to notice his features—I believe this is the same man that I saw the policeman take, but I lost sight of him by turning round.
MR. POLAND. Q. After he threw something away, did he run? A. Yes, but not far before the policeman took him—I turned round not a minute afterwards, and the policeman had got him—I saw the other people running.
HENRY COOPER . I am a wheelwright, and have a shop in William-street, opposite Mrs. Astrop—on the morning of 11th August, I found live keys in my coal-hole in the yard—they had been thrown over the roof of the shop—I also found four more keys on the roof, nine altogether—I gave them to a policeman at the station.
JAMES GRIMLEY (Policeman, N 90). I took the prisoner in William-street, Shoreditch—he was in Hammond's hands—I took him to the station, and found a few matches on him—after he was locked up, I went to some ground behind a hoarding, ten or twelve yards from Mr. Christmas's shop, on the same side of the way—I got over the hoarding, searched, and under the scaffolding found a piece of paper, under which was a jemmy—it could I have been thrown there from the street—I examined the shop-door, and I found a mark on it, with which the edge of the jemmy exactly corresponded, but the door had not been broken open—I received these skeleton-keys next day from Cooper, and found that two of them fitted the shop-door—it has a common lock.
JURY. Q. Did you lose sight of the man after Howard caught him? A. No.
COURT to PHILLIS ASTROP. You say that you saw a man taken custody in William-street; do you mean that you actually saw him seized? A. I saw the policeman take him—I did not see him in charge of anybody else before that—that was hardly a second after I turned away.
JURY. Q. Are you sure that the man who threw the keys away was the man who was taken in custody? A. No, I cannot be.
NOT GUILTY .
MR. POLAND offered no evidence.
NOT GUILTY .
THIRD COURT.—Wednesday, September 21st, 1864.
Before Mr. Recorder.
MR. DALEY conducted the Prosecution.
REBECCA FLACK . I am the prisoner's wife, and live at 3, Victoria-street, Shadwell—he is a dock-labourer—on the night of the 13th September, about 12 o'clock, my husband and I were at home—I was sitting at needle-work—he was about to strike one of the children—I interfered, and he then struck me in the face—I did not see anything in his hand—I felt some blood—he was not sober—I went to the station, and had my wound dressed by a doctor—the prisoner is a very good husband when he is sober—he had been out of work for some time before this; he was in low spirits, and said he was tired of life—he had said that he had better end his life than live in such misery,
Prisoner. I received a blow across my nose first.
COURT. Q. Had you struck him at all? A. No; nobody else struck him—there was merely a few words about the girl being out rather later than usual—I don't know whether he had a knife in his hand.
of the 14th September, I heard cries of "Police!" and "Murder!' at No. 3, Victoria-street, and I Raw the prosecutrix at a chemist's shop, being supported by two or three other females—there was a wound on the right side of her face—I saw the prisoner about twenty yards off, and I took him in charge for stabbing his wife—he said he did not know anything of it—I noticed his hands were smeared with blood—I afterwards went to 3, Victoria-street, and found this knife in the fire-place—there was blood upon it—the prisoner was the worse for drink—he seemed regularly confused, as if he scarcely knew what he was doing.
DANIEL Boss. I am a surgeon, of Commercial-place, Commercial-road—I was called in about 10 o'clock, on 14th September, to attend the prosecutrix—I found her bleeding from a wound in the front part of the face, extending from the right side of the bridge of the nose, taking a downward course, and completely dividing the upper lip—I considered it a dangerous wound at the time; an artery was divided—the fainted for a long time—the wound is now doing well—the knife produced would be likely to cause that cut.
Prisoner's Defence. On the evening of last Tuesday my boy ran away, after robbing me, and my daughter went to a place the week before, and I knew nothing about it; I was very much excited about it, because I did not know where she had gone to. I asked my wife, and she would not tell me, and from words it came to blows, and I had a blow on the nose, which made it bleed, and caused the blood on my hand. I knew nothing else of it till I was taken into custody in the street.
GUILTY of unlawfully wounding.—Recommended to mercy by the prosecutrix. — Confined Six Months.
MESSRS. F. H. LEWIS and BESLEY conducted the Prosecution, and MR. METCALFE the Defence.
JONAS STEAD . I am a cloth manufacturer at Leeds—on 4th June, 1863, I was indebted to Messrs. Denton and Jutsum in a sum of 2l. 13s., and on that day I paid the prisoner that sum, and received from him this receipt (produced)—on 19th August of the same year I was indebted to Messrs. Denton in the sum of 29l 15s. 6d.—I had not seen the prisoner in Leeds between 4th June and 19th August—on the 19th August I paid him 29l. 15s. 6d., and got this receipt from him.
JOHN BRADLEY . I am a coach maker, carrying on business in Albion-street, Leeds—on 7th September, 1863, I was indebted to Messrs. Denton and Jutsum in the sum of six guineas—I paid the prisoner that amount on that date, at Leeds, and got this receipt (produced)—the prisoner called on me saying, that some goods had come to another house in the town, and they had refused to take them, would I take them?—I said I would—this is the only account I have, on which the receipt is; it is one of Denton and Jutsum's invoices.
GEORGE RUTHERFORD . I witnessed this agreement entered into between the prosecutors and the prisoner—(This was dated 13th November, 1862, stating that the prisoner was to serve the prosecutors as general clerk, at a salary of 3l. per week, and when on journeys an addition of one guinea per day, that the prices of goods and articles should be fixed by the prosecutors, and that the prisoner was not to be at liberty to alter them, or sell goals on any other term without a written authority, and that all moneys paid to the prisoner on behalf of the prosecutors should be remitted within twenty-four hours, without any deductions for salary or otherwise; also that an account of all sales and moneys received should be sent to the prosecutors weekly.
ALFRED SYDNEY JUTSUM . I am one of the partners of the firm of Denton and Jutsum, grease and varnish manufacturers—we carry on our works at Bow, and we have an office at New Broad-street—the prisoner has been in our service, off and on, for from eight to ten years—he entered our service in 1861, as clerk and traveller—it was not under an agreement then, but in November, 1862, he entered our service under the agreement which has been read—I believe there was also a previous agreement to that—in June, 1863, he went his Leeds journey—I have his reports of that journey here—one is dated June 6th, and the other, June 12th—I do not find in either of them any mention of the sum of 2l. 13s. received from Mr. Jonas Stead—the prisoner went on his second Leeds journey about August, 1863—I have the reports of that journey; one is dated 22d, and the other 29th August—there is no mention in either of those reports of the sum of 29l. 15s. 6d. received from Mr. Jonas Stead—I have a report here, dated 5th September, in which he mentions the receipt of a sum of 29l. 15s. 6d.—he does not mention the date that he received it—there is no reference made in any report that he sent to us, of the sum of six guineas received from Mr. Bradley in September—he has never accounted to us for that—I have a report here which we received on 2d October from the prisoner—there is no mention of the six guineas from Mr. Bradley in that; he has never paid to us any of the sums of money mentioned in this indictment—there has been no account rendered to us in writing with reference to the two sums, of 2l. 13s. and six guineas—this (produced) is a letter written by us to the prisoner, dated 27th August—at the end are these words, "We are glad to hear that your intention is to prevent the unpleasantness that has hitherto attended our connexion, because we have decided upon immediately closing with you, should the slightest semblance of irregularity re-appear"—this (produced) is another letter which we wrote on 31st August to the prisoner—(This letter stated that the prisoner was withholding the prosecutors' moneys, and thereby breaking all engagements between them, and called upon him for immediate explanation, and to send the sum of 4l. 7s. by return of post: it also stated that no more salary or expenses would be paid to him)—the prisoner remitted to us the 4l. 7s. we spoke. of in that letter—on 3d September we received this letter from the prisoner: (read) "Your letter of 31st August is to hand, and upon my return to Leeds I will furnish you with every particular in a report of all moneys paid to me. I forwarded your cheque for 4l. 7s., which I have received no acknowledgment of"—on the same day, 3d September, we wrote him this letter: (read) "On receipt of this return to London without fail. Your immediate and strict compliance with this is your only hope with us. We shall expect you to present yourself at Bow Common on Saturday morning before 1 o'clock. Attempt no excuse; we shall take none, and shall proceed to extreme measures if we do not see you by two o'clock on that day"—he did not return to us—that letter was sent to the Great Northern Hotel, Leeds; the address he gave us—I never saw him again till he was taken into custody—the last I heard of him was on 2d October, 1863, and he was taken in September, 1864—we gave him notice to quit in September, 1863, while he was on that journey—the memorandum is here: (read) "We hereby give you notice of our desire to terminate the agreement entered into with you, and we accordingly give you one week's notice of our putting an end to and determining the said agreement. Dated this 24th September. Denton aud Jutsum."
Cross-examined. Q. Did you give him other instructions after you told him to come up to town? A. No; no other business instructions that I am aware of—there were previous agreements to this one—the prisoner commenced business with us as early as 1856 I think—we were in difficulties in 1856—he was with us four or five years before that—we had a composition with our creditors, and after that the prisoner came back to us again—I think he was with us in 1859 and 1860—he travelled for us during all those years, collected moneys, and took orders—he had much about the same salary then, 150l. a year, and we always gave him a guinea a day for travelling expenses—we once took bills from his father for money he had collected for us and not paid over, and we subsequently, on another occasion, took bills from his brother—I cannot tell you when that was; I should say it was previous to this agreement, it was with a view to the agreement—we did not deduct money from time to time from his weekly salary that I am aware of—we made deductions for back carriage for goods that were repudiated—very probably for back carriage and down carriage as well; all charges whatever pertaining to those goods—I should have done so—I do not know what was done in that respect; I was not always there—I gave instructions to the cashier that all expenses for goods that were repudiated should be deducted; that was under this agreement—I can't say what the deduction I amounted to; I daresay the ledger will show—there were no other deductions made from his salary besides those, that I am aware of—his salary I under this agreement commenced from 22d November—this (produced) is a letters of ours to the prisoner—it says, "We perceive you have been paid salary from 13th; you had no right to any till 20th, till you commenced working; the time previous was occupied in preliminaries. Instructions have been given not to pay you any this week"—we did not pay him any that week—we struck off the second week's salary—I see here on 7th May, 1863 there ate two sums of 6s. 11d, and 2l. 2s. 3d. charged him for carriage—on 25th May we deducted 5l. 18s. 6d. for charges on goods—he had due notice I that he would be charged with them—on 11th July there is a charge on Webster's oil 3l. 6s. 11d.—that is all—those were for the carriage of goods not taken by the customers—there were no deductions for money owing previously—there is no entry of a payment of 2l. a week to Mr. Denton—these (produced) are Mr. Denton's receipts, which I know nothing about—I did not send the salary down myself—the prisoner was provided with 12l. 10s. when he started—he was three weeks or a month out on a journey—we kept remitting money every week from time to time—my cashier is not here—I don't know whether he could tell you what money was remitted—the prisoner was charged with the deductions—his salary was forwarded every week; so it appears here—he was charged in the account with the deductions, and the result of the account is to his debit—no settlement was I made with him in September, when we called him to come up—we did not I see him; we have not settled the matter at all, it remains just as it did—we I have not struck a balance—I think the balance is 90l. odd against him—that is charging all these deductions and all the deficiencies and these items we are now trying as well—the deductions are charged against him immediately—there was nothing due to him for salary when we struck this balance—he had already got money in his hands—he absconded with the money; we gave him notice to quit, as he had broken the engagements he had entered into—the previous deficiencies wore settled up by the brother's bills—they were not paid when they became
due, but they were ultimately satisfied—I do not know what became of them—I do not know whether I hold them now—when they came to maturity they were dishonoured; the amount was subsequently paid—that was for money due from the prisoner to us prior to this agreement—we expected it either from him or his friends in some shape or other—I think the amount was 30l.—Mr. Denton coincides with these proceedings, he has not appeared in the matter at all—he was in Scotland—the prisoner would pay money to him, or myself, or our cashier; the cashier is in town—I did not know that the prisoner had taken employment with Matthews and Sons before he was taken into custody—he wrote to my partner, wishing us to give him a reference—I think that was about a month ago—Matthews and Sous are drysalters I believe, in Liverpool—our travellers did not go to Liverpool—we had a traveller there some time ago, but we have abandoned that—I did not know that the prisoner was going there—we have had a warrant to apprehend him since January last—we considered he had robbed us, and we wished to punish him for it—we had to consult a solicitor about it—we left it for some time; perhaps we ought to have taken proceedings more expeditiously—we did not know of Mr. Jonas Steads matter in October last, or of the six guineas from Mr. Bradley—the 29l. odd is mentioned in report of September 5th—we knew that he had received that and not paid it in—I did not know of the six guineas till I went down to Leeds about a month afterwards—I do not know why we did not apply for the warrant till January; we did not—we did not know where to find the prisoner—he wrote to us for a reference in August, 1864, and he was taken immediately after that—we had no other letters from him between January and August stall.
MR. LEWIS. Q. As I understand you, there was a defalcation for some amount, and for that you took the father's bills? A. Yes; we did not prosecute the prisoner then; we kept him still in our service—there were further defalcations, and we then took the bills of the brother, and that finished all these defalcations—there is no pretence for saying that we are prosecuting this man for the purpose of preventing him going into the service of Messrs. Matthews and Co.
DANIEL SMITH (Policeman, K 415). On 15th January, 1864, this warrant was put into my hands against the prisoner for embezzlement—I took him at Liverpool on Sunday, 28th August—I asked him if his name was Feast—he said, "Yes"—I said, "You were formerly in the employ of Messrs. Denton and Jutsum, of Bow-common?"—he said, "Yes"—I said, "I have a warrant against you, you need not say anything unless you like"—he said, "If you give me time, I shall be able to prove that I am not guilty of the charge. I have been in communication with Mr. Denton, and I have a letter to prove it"—he then handed me this letter from Denton and Justum to himself—(Read: "London, 24th August, 1864. We are in receipt of yours stating that you purpose to give up travelling. We are also in receipt of a letter from Matthews and Son, stating that it is just possible they may make arrangements for you to become their representative. What does this mean? Denton and Jutsum.")
COURT. Q. Had you made any attempt to discover him between January and August? A. No; I had not—I saw Mr. Mullens, and he said he expected he was in the country.
RICHARD MULLENS . I am solicitor to the prosecutors—this last letter which has been read was written by my direction, that was after the letter which the prisoner wrote to Mr. Denton—I requested that the letter should
be written, and then I sent down a warrant officer to Liverpool—I gave instructions to the police at Leeds in January, and we never heard anything of the prisoner until the receipt of this letter by Mr. Denton in August.
Cross-examined. Q. Were you instructed in January? A. At the end of December or the beginning of January—Mr. Jutsum came to me with the prisoners letter and the one received from Messrs. Matthews, and I advised this letter to be written—I believe there is a copy of the prisoner's letter in the brief—I know the contents of it—there was only one letter written to the prisoner to my knowledge—(The letter from the prisoner to Mr. Denton was dated 13th August, 1864, asking for a testimonial, stating that he could get no engagement without one, and begging him either to give him a situation in his office or render him assistance in procuring one elsewhere.)
GUILTY.—Strongly recommended to mercy by the Jury and the prosecutor.
Confined Eight Months.
There was another indictment against the prisoner.
MR. ORRIDGE conducted the Prosecution, MR. RIBTON defended Bayliff, and
MR. DALEY defended Swift. WILLIAM LIPSCOMBE. I am warehouseman to Messrs. Edwards, Deakin, and Co. of 10, Trump-street, wadding manufacturers—on Friday, 19th August, Swift came to our warehouse—Mr. Edwards was there at the time with me—this order (produced) was presented to him—I saw it after wards—I was not there when Swift brought this one—this one (produced) was given to me by Swift—(Read: "From J. Maple and Co., 145, 146, and 147, Tottenham-court-road, August 19th, 1864. To Messrs. Edwards, Deakin, and Co., 10, Trump-street, Cheapside. Gentlemen, Please deliver to bearer 1 cwt each Nos. 2 and 3 unbleached wadding, and half a cwt No. 1. If you have not all the No. 2 in stock, deliver what you have, and forward the remainder to-morrow if possible or Monday at latest; and oblige, yours obediently, pro J. Maple and Co., Edward Hall")—in consequence of that, I delivered to Swift the goods mentioned here, and an invoice amounting to 19l. 12s.—Swift then signed this receipt in the name of Herbert Watts, in my presence—I helped Swift to put the goods in a cart—Dodd was in charge of the cart—I afterwards went to 22, Half Nichols-street, Bethnal-green, and there saw the goods which had been obtained by Swift—there were some of the original packages there—that was on Tuesday morning between 1 and 2 o'clock.
HORACE REGNARD . I am in the employ of Messrs. Maple and Co., Tottenham-court-road—this order is not signed by any one in our employ, or authorised by the house—we do not deal with Edwards, Deakin, and Co.—there is no such person as Edward Hall in our employment.
WILLIAM CREDLAND FISHER . I am a varnish maker of 17, Finsburymarket—I have known Crutch ley for two years—he was travelling for me on commission—I have seen him write—I have no doubt this order is in his handwriting.
Crutchley. Q. Was not the only transaction I had with you to sell 700 gallons of varnish, and you promised me five per cent, if I sold it? A. I did—you sold on commision for me.
COURT. Q. Was that the only transaction he had with you? A. No; two or three—I have seen him write three or four times, and he has given me receipts from time to time when I have paid him money.
Crutchley. Q. Did not I give you an order for Mr. Ryland once? A. Yes, I think those were the only two transactions About varnish—you once took a half gallon of varnish away in a new can, for a sample, and I never saw you or the varnish afterwards—I did not pay you the commission for Mr. Ryland's account.
MR. ORRIDGE. Q. Did you see him write a bill of exchange? A. Yes; as well as receipts.
WILLIAM DODD . I am a carman, and live at 1, Whitmore-street, Hoxton—I have known Bayliff ten years as living in that neighbourhood—on Friday afternoon, 19th August, he came to me with Swift, and said they wanted me to fetch some goods from the City to take to Tottenham-court-road—I started with my cart—Swift, Bayliff, and another went with me—Bayliff and the other man got out of the cart at a public-house before we got to Deakin's place and left me and Swift together—we went to Deakin's premises, some things were brought out, put into my cart, and me and Swift and another one, not in custody, went towards Tottenham-court-road to a turning just before you get to Maple's—we stopped there at a public-house and had some refreshment; the threeprisonersand another man were then with us—westopped an hour there—they paid for what I had to drink; I then drove to Bayliff's house, Crown-terrace, May field-road, Dalston—no one went there with me, but my little girl—Bayliff told me to take the goods to the house—the other prisoners were there at the time—I delivered the goods at Bayliffs place.
Cross-examined by MR. RIBTON. Q. You say Bayliff and Swift came to you, which of them was it spoke to you? A. Both of them, and the other man, who is not here—it was he who said he wanted some goods removed to Tottenham court-road—he was a little man with a red face, and a white hat on—he said, "We want some goods removed," not, "I want some goods removed"—I am sure of that—I don't know the name of the street where Bayliff got down, it was about 200 yards from the house—I saw him after that in Trump-street—he was down in Trump-street after he left the cart—I lost sight of him after he got out of the cart for about half an hour, whilst I was loading, and then I saw him in Trump-street—I did not see him after that till I came to Tottenham-court-road—I mean to say on my oath that he was in Trump-street when I started—the man not in custody was with him—Swift was with me then.
Cross-examined by MR. DALEY. Q. Did you know these men before? A. No; except Bayliff—I have known him for years—he got up into the cart in our yard—I did not take anybody up in Falcon-street—I did not take any person up on the jouruey.
MR. ORRIDGE. Q. Did you see Crutchley anywhere? A. Yes, in Trump-street, with a white handkerchief in his hand, talking to another party—that was while the goods were loading—I saw him also at the public-house.
GEORGE HARDING , I live at 5 Half-Nichol-street, Bethnal green—I do not know the prisoner Swift—I never saw him before last Thursday, at the Mansion-house—a man who gave the name of Swift took a room of me, but that is not the man, it was a man with rather sandy hair, wearing a lightish coat, and a large wide-awake hat—Bayliff does not live at my house—I did not see anything brought into the house. Crutchley. Q. You never saw me before? A. No. JAMES HARDING. I am the son of the last witness—I know a carman named Stratton, one of the witnesses—on Monday, 22d August, he and Bayliff and another man brought some wadding to a room in our house—the carman and the other man brought it in—Bayliff was there—that was the wadding which the officers came and took away shortly afterwards.
Cross-examined by MR. DALKY. Q. Was Swift there? A. No.
Crutchley. Q. You never saw me? A. No.
RICHARD STRATTON . I live at 9, Waterloo-street, Acre-street—on Monday, 22d August, Bayliff came to me, and told me to go to 2, Crown-terrace, Mayfield-road—I had never seen him before—he said I was not to be long, because he wanted to meet somebody—I went there—a person came to the door and said the men were not in, she would go and fetch them—I put a nose-bag on the horse, and waked there—soon afterwards a young man with sandy hair, not in custody, came and helped me up with seven bags full of wadding, or something—we then went to the "Myddleton Arms" to have something to drink, and then Bayliff and two more jumped up, and told me to drive to Harding's place at the back of Church-street, Bethnal-green—Bayliff paid me for the hire of the cart.
Cross-examined by MR. DALEY. Q. Was Swift one of the others who was there? A. No.
Crutchley. Q. Did you ever see me before? A. No, never.
JAMES MCLEOD . I am a detective officer—in consequence of some information I received, I went on Monday, 23d August, to Half-Nichol-street, Bethnal-green, to the house occupied by George Harding—I sent for his son, went to a room in the house, broke the door open, and found the whole of Mr. Edwards's wadding—it was shown to him afterwards, and identified—I afterwards took Bayliff at 2, Crown-terrace, Mayfield-road, Dalston—Gill, another officer, spoke to him in my presence—he was charged with being concerned with others, in obtaining a quantity of goods by means of forged orders—he said he knew nothing at all about it—I afterwards, on 14th, apprehended Swift at 6, Edward-street, Caledonian-road—he made no reply to the charge.
Cross-examined by MR. DALEY. Q. You found him with his wife and children? A. Yes; they were very poor—I gave the wife a shilling—they appeared in a state of abject poverty.
John GILL (City-detective). I and the last witness took Bayliff into custody—I have known Swift six or seven years—I never beard anything against him before this—I knew where his place of business was—he has two brothers in business.
CHARLES BAKER (City-detective). I apprehended Crutchley on 26th August, in Lower-road, Islington—when I went up to him, he said, "All right, Mr. Baker, I will go with you quietly"—that was before I spoke to him—I said, "If you act as a gentleman to me, I will do the same to you"—I told him the charge.
Crutchley. Q. Have you known me long? A. I have known you about the City—I know nothing wrong of you—I had my brass staff in my hand when I came up to you.
Crutchley's Defence. I did not write the order; I was in Bedford-row at the time; I met a friend of mine named Miles, and went with him to have some ale, and that is all I know about it.
The COURT considered that there was no evidence as against.
BAYLIFF.— NOT GUILTY .
SWIFT received a good cliaracter.
GUILTY.—Recommented to mercy by the Jury, on account of his previous good character. and the distress under which he was labouring at the time. — Confined Three Months.
CRUTCHLEY— GUILTY .— Five Years' Penal Servitude.
MR. ORRIDGE conducted the Prosecution, MR. RIBTON the Defence.
NATHANIEL JONES . I am clerk to Robert Perrot Ward and another, trading under the firm of Ward and Clay, Tarnish and colour-makers, City-road—I know Bayliff—two or three days before 30th July he brought this card to me (This was a business card of John Cocks, carpenter, plasterer, &c. of 98, London-wall, and on the back was written, "Please send by bearer samples of your palest oak and copal, about 18s. or 20s.")—I assisted in getting up the samples, and gave them to him—we said nothing about charging then—I was asked at the Mansion House whether we charged for samples, and I said, "No"—young Mr. Ward was there at the time the prisoner came—he asked the prisoner if he was a painter at Mr. Cocks', and he said, "Yes"—on 30th July he come again, and brought this order (read: "London-wall, July 30th, 1864. Messrs. Ward and Clay. Gentlemen, Please deliver five gallons pale oak varnish, and three gallons copal, as samples The bearer can bring the sample of the oak. Please not to send later than Monday morning. For Mr. Cocks, G. Dove.")—the prisoner took away the three gallons of copal, and signed this receipt (read:—"July 30th, 1864. Received from Ward and Clay, I can and 3 gallons of fine copal varnish. For Mr. John Cocks, London-wall, George Lee.")—he signed that in my presence—we sent the other varnish to Mr. Cocks, and it was sent back.
Cross-examined. Q. Was that the first time you had seen him, when he came with that card? A. To the best of my knowledge it was—he was there some seven or ten minutes the first time—Mr. Ward, jun. has died since that time—he was not examined before the magistrate—he died last Sunday—our foreman was present when the prisoner came, but he did not see enough of him to recognise him—he is not here—it must have been between the hours of 10 and 2 that the prisoner came—it was not a particularly busy time with us—the foreman was present on the second occasion that he came—I see fifteen or twenty people in our place perhaps during the day, some of them are strangers whom I have never seen before—the next time I saw the prisoner was at the Mansion House—the policeman came and told me a man was in custody, and I was wanted to see if I could recognise him—I believe he said he was in custody "on a varnish job"—I saw the prisoner in the cells—he was brought out with Crutchley—I did not say he was the man then—I knew Crutchley so well, and was so staggered at seeing him there, that I did not observe Bayliff then, but when I saw him in the dock at the Mansion House, I knew him.
MR. ORRIDGE. Q. Have you any doubt about Bayliff being the man? A. No; he is the man who signed the order.
JOHN PETER COCRS . I am a house-decorator, at 98, London-wall, and am the son of Mr. John Cocks—this is one of our business cards—I do not recognise the writing at the back as of any one in in our employ—it is perfectly strange to me—we have no person in our employment named Dove—on 30th July, five gallons of varnish were brought to us from Ward and Clay—we knew nothing about it, and sent it back—I do not know the prisoner.
Cross-examined. Q. That is one of your genuine cards? A. Yes; I can account for its getting out of our possession—a fortnight before this, Crutchley came, and said he was going to give us a strong order if we would give him five percent, and I then gave him two of our cards.
GUILTY on the Second Court. He was further charged with having been before convicted of felony at this Court on 15th September, 1856, and sentenced to Twelve Months, to which he
PLEADED GUILTY.*— Seven Years' Penal Servitude.
FOURTH COURT.—Wednesday, September 21st, 1864.
Before Robert Malcolm Kerr, Esq.
MR. RIBTON conducted the Prosecution.
WILLIAM HUNT (Policeman, 424 K). I was called to the prisoner's home on the 15th August, about half-past 5 in the afternoon; he was lying in bed—he said he had taken some poison—I went for a doctor, and afterwards took the prisoner to the London Hospital—he said he had taken it because he was troubled in his mind, and distressed.
Prisoner. I had been drinking, and I thought I would go home and take some salts—I had some salts in the house, and also some oxalic acid—I took the oxalic acid by mistake—I had no intention to make away with myself.
Witness. I asked him what he had been taking, and he said, "Poison"—he pointed to the glass on the shelf, and said, "That is what I have taken it from."
WILLIAM WOOD . I am the prisoner's landlord—I have heard him threaten to take his own life—I heard him say on the 15th August, about 3 o'clock in the afternoon, that he had borrowed a halfpenny from a little girl to get some poison, and that he would poison himself.
COURT. Q. What children has he? A. He has a girl seven years of age, and another about seventeen—they are both in the Union—his wife is dead.
GEORGE SARGEANT . I am a surgeon—on the 15th August I was living in the Bethnal Green-road—I was called to the prisoner's house—I found him in a very low state, suffering from internal inflammation—he said he had taken poison—a glass was shown to me in which I found a crystal; it was that of oxalic acid, which, if taken in sufficient quantity, is a deadly poison—the dose might have been fatal.
GUILTY .— Confined Six Months.
MR. COLLINS conducted the Prosecution, and MR. RIBTON the Defence.
GUILTY .— Fined £30 each, to be imprisoned until paid.
MR. LAWRENCE conducted the Prosecution:
ROBERT SHEARS . I am a private in the army—I was in a public-home in Gray's-inn-lane on the evening of the 24th August—I left there between 9 and 10 o'clock—I had then three silver medals fastened on my breast with safety pins—as soon as I left the house the medals were pulled off my breast and I was knocked down—while I was struggling with the prisoner on the ground two of the medals fell from her hand, and she flung the other one to another woman—I picked up the two medals—I received two black eyes, and my face was cut about very much—I had to keep to my barracks for a week—I have not seen the medal that was passed to the other woman since—these two that I have now upon my breast are the others.
OWEN DACE . I was in Gray's-inn-lane between 9 and 10 o'clock on the evening of the 24th August—the prosecutor was coming out of a public-house, and the prisoner pulled three medals off his breast, and knocked him
down she dropped two of the medals, which he picked up and put in his pocket—the other one she passed to another woman—I saw the prosecutor on the ground; the prisoner struck him and kicked him three or four times—the other woman ran down Fox-court when the policeman came up.
DAVID HOLLOWAY (Policeman, 52 G). I was in Gray's-inn-lane—there was a great disturbance—I saw the prosecutor struggling with the prisoner—the prosecutor's face was covered with blood, and his clothes were muddy—he said the prisoner had robbed him of his medals and four clasps—he appeared to be sober.
GUILTY .— Confined Twelve Months.
MR. BEST conducted the Prosecution. HENRY WILLIAMS. I live at 1, Winchester-buildings, Winchester-street, City—I am manager to Mr. Raphael, who is an indigo-merchant—he has premises at Old Ford—on the 24th August I saw the prisoner Hunter there receiving some chests of indigo—he was employed as carman by Mr. Charles Pipe, who was engaged by Mr. Raphael—I saw on the 24th August a sack of indigo, that had been found at the prisoner Ellis's shop—it was shown to me by Lambert—it was of the same description as that taken from Mr. Raphael's premises—there were two sacks—I saw them weighed; one weighed 96 lbs. and the other 115 lbs.—they were worth about 40l.
WILLIAM DITOHBURN WATERS . I am in the employ of Messrs. Raphael and Co., at Old Ford—on the 24th August Hunter came down in a van—I delivered eight cases of indigo to him to take to the Great Northern railway, at Crutched-friars—I superintended the packing of the indigo—the eight cases were delivered to Hunter entire and unbroken—I went with a railway-porter to examine the cases at the station, and I found that four had been opened—a board had been taken from the lid of each—any one could get at the indigo by removing a board—I weighed the cases before I delivered them—they weighed 12 owt. 3 qrs. 20 lbs.
Cross-examined by MR. KEMP (for Hunter) Q. How long have you known Hunter? A. About two years—he has always borne a good character—I have trusted him with goods before—I have seen a man of the name of Watson in the employ of Mr. Pipe—he has a good many men in his employ—Hunter drove the van—it would be some trouble to open the boxes—I think a box could be opened in ten minutes—I have not seen Watson since this inquiry.
THOMAS SIBTHORPE . I am a clerk, in the employ of the Great Northern Railway Company—I remember eight cases of indigo being delivered on the 24th August last—I weighed them when they came in—they weighed 11 cwt 16 lbs.
LEWIS LAMBERT (Police-constable, K 311). I went in plain clothes to Old Ford-road, on the 24th August last to Mr. Raphael's premises—I saw Hunter drive up to the premises in a van—the van was empty—I watched it; eight cases of indigo were put into it—the van started about 12—I followed it until it got to Gloucester-street—Hunter was driving, and he took up two men on the road—one was a man named Watson—they all stopped at the Red Lion, Bethnal-green—I could not see what the men were doing in the van, as there was a tarpaulin over it—they did not
go the proper way to Crutched-friars, but went to the prisoner Ellis's and arrived there about 3—I saw a man take a sack of indigo into that house—it was taken from the front of the van, near to where Hunter was sitting—I cannot say who took this sack—Hunter then got down and took another sack in—I then followed the van on to Crutched-friars, to the railway-station—I went in and saw Mr. Sibthorpe—I returned to Old Ford, and then back again to Ellis's yard—I saw Ellis's wife, and Ellis afterwards—he was in a little side parlour—I asked him if he had received any indigo, and he said, "No, he had not"—I told him I was a police-constable, and I should search his place as I had seen two sacks brought in—he made no remark—I searched, and found one sack under a lot of empty sacks, close by the counter—I found another one under the counter—I called in Mr. Williams, and asked Ellis in his presence if that was indigo—he did not answer me—I said, "I shall take you into custody for receiving this, well knowing it to have been stolen"—he said that it had been left there by a man named Watson, whose van had broken down, And that he was going to call for it—I produce a sample of the indigo here; I took a piece from each sack.
Cross-examined by MR. KEMP. Q. Would the proper way from Old Ford to Crutched-friars be down the Whitechapel-road? A. There are many ways—I do not know whether Whitechapel road was broken up at the time—it might have been towards the City; I know a portion was up—the van went at the rate of about four miles an hour—I only lost sight of it when they turned round the comers—I followed it in a chaise with Mr. Philpot, a carman—Hunter took up the other two men in Grove-road—the way they went is about seven or eight miles from the prisoner Ellis's—I am certain it was after 2 when they were at Ellis's—they remained about twenty minutes at the public-house in Bethnal-green—I was outside—when the van-stopped at Ellis's, I stood about 100 yards off at a public-house behind the van—I do not remember having seen Watson before—I have tried to find him—I will swear that Hunter took the second sack in.
Cross-examined by MR. SLEIGH (fur Ellis) Q. Is not Ellis's yard also occupied by other persons who have open sheds? A. I did not see any open sheds—you go through doors into the yard—I cannot say whether they are always open—when I saw Mr. Ellis it was after 4 o'clock—I was then accompanied by an officer in uniform—he said the indigo had been left by Watson in his absence—there were not two or three persons present when I went in—a female came in after—there was a man engaged in another part of the premises—I found the bags in a small place—the parlour is just behind—I believe they call it the kitchen—there were bottles on the floor, and other articles, like a marine store dealer's—Ellis was admitted to bail.
COURT. Q. What was the bulk of the sacks? A. They would stand about two feet six inches high, and one foot wide.
Witnesses for the Defence
JOHN ADAMS . I carry on business at 6, Gloucester-street, the same yard as the prisoner Ellis's, and I have a large factory there—Ellis is a wholesale confectioner in a small way—I have known him about four years, and he has always borne a good character—I remember seeing a man on 24th August, between 2 and 3 o'clock in the afternoon, go to his premises
—Ellis was not at home—the man asked if he might leave two bags of indigo there, as his van had broken down—I saw one bag carried down.
JOHN LEWELLEN . I am in Ellis's employment—he was not at home the day the indigo was left—I saw Watson come down the yard—he asked Mrs. Ellis whether she would allow him to leave some goods there—she said she had not room—he said she could find room for two small bags; Watson brought down one bag, and a young man brought another—I was at work when the police-constable came—it was about half-past 4—Ellis returned before the policeman came—I heard Mrs. Ellis tell her husband that some bags had been left—he did not take any further notice.
MR. KEMP. Q. Was one of those bags brought by Hunter? A. No. MR. SLEIGH. Q. When the constable came, were those bags covered with anything? A. Not that I am aware of—I did not hear what Ellis said to the officer.
Gross-examined by MR. BEST. Q. Will you swear that there were not marks of indigo upon Ellis's hand? A. I cannot swear to that.
GEORGE LINDSEY . I am in the employment of Mr. Adams, and was assisting to load his cart when the bags were brought down—I know the man Watson very well—I saw him come down the yard, and go to Ellis's—he asked Mrs. Ellis to allow him to leave two bags there until he could get another cart, as his van had broken down—I did not hear her give him permission, but I saw him bring a bag down—I do not know who brought the other.
HENRY BAKER . I was at Mr. Ellis's house on 24th August, about 2 o'clock—he was not at home—while I was speaking to Mrs. Ellis, a man came down, and asked if he might leave something there, as his cart had broken down—she said master was not at home, but at last she gave permission.
WILLIAM CHILDS . I am a wholesale confectioner, carrying on business at 192, Pentonville-road—I have known Ellis for six or seven years—he has always borne a good character—he called at my house on 24th August, and stayed to dinner—I went home with him—I heard some jangling going on between him and Mrs. Ellis about some blue; I really cannot say what I heard—I heard him blame her about something—I saw two bags lying in the place—they appeared to contain blue.
JURY. Q. Is indigo used for colouring confectionery? A. Tea; but one ounce of blue would last at least seven years.
ELLIS received a good character.
— NOT GUTLTY .
HUNTER— GUILTY .— Five Years' Penal Servitude.
OLD COURT.—Thursday, September 22d, 1864.
Before Mr. Baron Pigott.
886. HENRY WILKINS (58), was indicted for unlawfully receiving to board and lodge one Elizabeth Mitton, as a lunatic, contrary to the statute. Second County for receiving her as an alleged lunatic; Two other counts, for taking care and charge of the said person.
MESSRS. GIFFARD and POLAND conducted the Prosecution, and MR. METCALFE
the Defence. JOHN HAYLER (Policeman, S 509). On Saturday morning, 6th August, about half-past 1, I was on duty in the Edgware-road, and saw a woman there and a man—I went round my beat, and when I returned, I saw the same woman standing there—I went up and spoke to her—she said she often took a walk in the evening—she was not able to give an account of herself to my satisfaction—from what I observed about her, I thought it right to take her to the station—I got her to walk with me to the station in Portland-town—in my judgment, she was not a person of sound mind—she wrote her name and address, "Eliza Mitton, Dr. Wilkins, Eating-green, Middlesex"—by the direction of the inspector, I did not lock her up, but took her to the Marylebone Workhouse, about half-past 3 in the morning, I took her to Mr. Fuller, the surgeon, and left her in his charge.
WILLIAM FRANCIS FULLER I am a member of the College of Surgeons, and am resident surgeon at Marylebone Workhouse—the young woman, Eliza Mitton, was brought to me early on the morning of 6th August—I examined her as to her mental state—I was with her some little time, and I came to the conclusion, that she was a person of unsound mind, and not able to take care of herself—we have a ward for persons of that kind, and I had her placed there, and directed a nurse to watch her—about 11 next morning, I introduced her to Dr. Randall.
Cross-examined. Q. Did you examine her further than just talking to her? A. No—I was with her about half an hour then, and I just saw her in the morning—I did not ascertain in what state she was then; I was otherwise engaged; I just saw her in the ward, that was all—she appeared lost and wandering; incoherent.
JOHN RANDALL , M. D. I am physician and medical officer of the Mary lebone Workhouse—on the morning of 6th August, my attention was called, to Eliza Mitton by Mr. Fuller—she was then in the lunatic ward of the workhouse—I was with her some time—in my judgment, she was a person of unsound mind; I have no doubt of it—about 1 o'clock that day, the defendant came to the workhouse—he came to my room and said, "You have got one of my patients here"—at first I did not know who he meant, and I asked him for an explanation—he said he came for a Miss Mitton, who had escaped from his house—he said his name was Mr. Henry Wilkins, of Ealing, a medical man—Mr. Wilks, the Commissioner of Lunacy, was in my room at the time, and he asked him in my presence if she was a certified lunatic—he said, "No"—Mr. Wilks asked him whether his house was licensed—he said, "No"—directions were afterwards given for Miss Mitton to be given up to him.
Cross-examined. Q. Did the Commissioner direct her to be given up to him? A. He gave no directions; he sanctioned it—that was on the same day—she came in between 3 and 4, and I saw her between 11 and 12—I did not think of asking whether she was suffering under a periodical disease at the time—I should, no doubt, have ascertained it had she remained—the brain of nervous persons is occasionally affected when that is the case—I don't think it depended upon that in this case—I should, of course, consider it a pertinent question, had I entered into the case in the afternoon, but she was taken away before I had time to do it.
MR. GIFFARD. Q. Is it within your experience, that persons otherwise sane become insane at the period of monthly illness? A. No. GEORGE DOUGLAS. I am the master of Marylebone Workhouse—the
defendant came to me on the morning of 6th August—the porter brought him to my room, and introduced him as Mr. Wilkins, of Ealing—he said he had come about the young woman who was brought in that morning by the police—I said, "Have you come to take the young woman back I"—he said, "Yes"—I said, "How do I know that you are Mr. Wilkins, of Ealing?'—he produced his card from his pocket-hook—I have not got it—I then read to him the extract from the porter's diary—this is it: "Saturday, 630 A. M.; Insanity. Eliza Mitton, about thirty years old. Found in Edgware-road, and brought by police-constable 509 S, Portland-town station. Sent to Dorcas ward"—he said, "Yes, that is the young woman"—I then asked him to sign for her across the entry, and be wrote in the book, "Received this patient from the Master of the Workhouse. H. Wilkins, Ealing"—I saw him sign that—the Dorcas ward is the insane ward.
WILLIAM MITTON . I live at Stamford, Lincolnshire—I have a daughter of the name of Eliza Mitton—I placed her under the defendant's care about two years ago—I agreed to pay him 180l. a year, to take care of her—I have made him two payments of 135l. and 180l.—that was for taking care of my daughter—she remained with him until 8th September—on that day, she was received into a licensed house at Acton, called "The Friars," kept by Mr. Nesbitt—I signed the order for her admission there.
COURT. Q. Had your daughter the appearance of being of unsound mind? A. She had—I believe she was unsound at that time.
MR. POLAND Q. Is this order (produced by Mr. Nesbitt) signed by you? A. Yes—it is the order for her admission to Mr. Nesbitt's house.
Cross-examined. Q. When did you send her to the defendant? A. I believe it was in April, 1862—she had been living in my family up to that time—I have several children—she had always been living with them up to that time—she was not of unsound mind when we sent her, only excitable at times—she was very nervous at times—I don't know whether those nervous fits were at the same time as the periodical disease—I can't say bow often I observed them—they were not regular—I never restrained her at all—it was merely nervous excitability; she would calm down again, like a person in a passion calms down—I did not consider her of unsound mind then—my medical man recommended me to place her with the defendant, he thought it might possibly do her good, improve her health—he recommended it for change of air for one reason, and society—she was not placed there as a lunatic, as a person to be restrained, but as part of his family—I paid 180l. a year for that purpose—there was no notion whatever at that time of her being restrained in any way—I believe it was Dr. Ramsay, my medical man, who recommended me to Dr. Wilkins—he has grown-up daughters, so as to be companions to her—I have been there while my daughter was in the house—she took her meals with the family and lived with them—she was not restrained in any way whatever—I signed the order for her to go into an asylum, in consequence of her escaping, and what took place on that occasion—I did not know of any such out-break previous to that—I thought to have continued her there—I had never before that seen anything that would justify her being shut up or restrained in any way.
MR. GIFFARD. Q. How long ago is it since she first went to Dr. Wilkins? A. Upwards of two years—she has never been back to me—I never heard from Mr. Wilkins that she had escaped before—I believe I saw her last in December, when I paid Mr. Wilkins—I paid him 180l. on 2d December—I can't say exactly when it was I heard of her escape; it was probably in
August—I had no letter from Mr. Wilkins about it—Mrs. Wilkins wrote to one of my daughters I think—I have not had a letter from my daughter during the whole time she has been there, nor have I ever written to her.
JURY. Q. Has she written to any of your family? A. Yes; to her sisters.
MR. GIFFARD. Q. Are you sure that she wrote herself? A. I believe it was chiefly Mrs. Wilkins; she has written occasionally, but that was some time ago—the condition of my daughter's mind was a matter upon which my friend recommended me to send her to Mr. Wilkins—he recommended me to send her there for change of air, and in consequence of the state of her mind; he thought it would improve her state of mind—she could take care of herself—I understand a person to be of unsound mind when they cannot take care of themselves—I saw her after her escape, a few days before she was removed—I was in her company for perhaps a quarter of an how—I then certified that she was a person of unsound mind—I did not see very much difference in her condition then to when I had sent her to Mr. Wilkins.
DR. NESBITT. I am the superintendent of an asylum for the reception of the insane, called "The Friars"—I received Miss Eliza Mitton under this order and certificate, dated 8th September, 1864, signed by Mr. Mitton and the defendant—it avers her to be a person of unsound mind—there are two certificates, one by the denfendant, and the other by Dr. Juke—(The defendant's certificate, being read, described her as of unsound mind, and a proper person to be taken charge of and detained)—I have had considerable experience in the treatment of persons of unsound mind; for the last twenty-five years I have devoted my whole time and attention to it—this case is one of advanced imbecility verging upon idiotcy.
Cross-examined. Q. By the term "advanced imbecility," you imply in increase? A. The tendency would be to increase; it would not all come on at once—I apprehed that the disease first manifested itself at the age of fifteen—she is a somewhat hysterical person; alternately laughing and crying without any reason, a highly nervous temperament—such an organization would, no doubt, be aggravated by the periodical disease, and be very likely to have the brain affected by the working of the nerves at that time—she is a person of no mind, or very little—it would go on in that way from time to time, and so destroy the brain.
MR. GIFFARD. Q. During what period do you think that advanced state of imbecility might occur? A. The tendency of it is to develop itself in a slight degree, and then gradually to increase.
MR. METCALFE. Q. I suppose in the earlier stage you would would not feel justified in locking a person up? A. My idea is, that it is generally better for such persons; the sooner a person is removed from the atmosphere of her own family the better.
MR. GIFFARD. Q. I suppose it is a question of degree in each case, is it not? A. Yes; no doubt about it—it must depend upon a great number of circumstances.
WILLIAM FOXALL MITCHELL . I am clerk in the office of the Commissioners of Lunacy—Ealing is within the immediate jurisdiction of the Commissioners of Lunacy—all licenses for the immediate jurisdiction of the Commissioners pass through my hands—the defendant has no license for keeping a house for the reception of insane persons—his house is not registered as a hospital.
was a person of unsound mind, and he also contended that if the became insanev afterwards, his continuing the charge of her, would not bring him within the Statute. MR. BARON PIGOTT was of opinion that there was a case for the jury. MR. METCALFE called the following Witnesses.
THOMAS FRANCIS . I am a surgeon, living at Acton, near Ealing—I have known Dr. Wilkins about thirteen yean—I saw Miss Mitton while she was there—I saw her first soon after her arrival, and continued to see her frequently at intervals, until August—she was treated with every kindness and consideration, as one of the family—she was not restrained at all—she took her meals at the table with Dr. Wilkins's daughters, and was treated in all respects as one of the family—in my judgment there was no occasion whatever to restrain her in any way—I think, during the latter part of the time, her mind was perhaps not so vigorous as it was at first—I think she got gradually somewhat weaker in mind—that would probably be the tendency of the disease; I am not sure about that—in my judgment she was not sufficiently of unsound mind to be confined in an asylum, or anywhere else, at any time prior to her adventure in London—I don't say she was not a person of unsound mind prior to that; as a simple statement of fact, I think her mind was somewhat unsound, but not sufficiently unsound to justify confinement—her mind was somewhat unsound latterly—supposing it began when she was fifteen, the mind would then be somewhat weak—it must have a beginning, and it would go on gradually getting worse—probably there are not many sound minds in the country—there was no such degree of unsoundness as would, in my opinion, justify confinement.
Cross-examined by MR. GIFFARD. Q. What confinement do you mean, actual personal restraint? A. Confinement in an asylum more especially.
COURT. Q. If a young lady wanders away from Ealing to the Edgware-road in the middle of the night, is not that a case that calls for restraint? A. For superintendence, such as might be exercised in a private house: to that extent it would certainly call for restraint.
MR. GIFFARD. Q. Do you know that she was never left alone? A. I believe not perfectly; she may have been occasionally—I believe she was somewhat watched—she had somebody specially to look after her; a female attendant, who did not leave her even at night—I am not aware whether that was so during the whole period she was there—it was during the latter period I am certain; within the last nine months or a year—I did not hear from the defendant that she had escaped several times before.
JAMES YATES . I am a medical man—I was on visiting terms with Dr. Wilkins—I have known him for seven or eight years—between 1862 and August this year, I have occasionally been in the habit of going to his house, and have seen this lady there—I first saw her in 1862, and from the opportunity I had of seeing her, which was only casually, I considered her to be suffering from general debility, accompanied with a very weakly, nervous state—she seemed to be suffering from a general bad habit of body—she was a pale feeble-looking woman, and I have no doubt the functions of life were very imperfectly performed, and very likely the functions that have been spoken of were not properly, if at all, performed—that functional derangenent would affect the health—her physical health was very low—I saw nothing then to indicate any aberration of mind—I never heard anything breathed by my friend Mr. Wilkins, or any individual, that there was any aberration of mind, and I never saw it myself—I saw her from that time up to August in the present year, and latterly I have observed, of course, the change which has been mentioned—that was during the present year,
about two or three months ago—I have observed decided indications of mental aberration, and inconsistency of manner, garrulity, and incoherence which I had never observed before—I did not see her at the time she escaped—the last time I saw her, I considered she was in that state that she would not be competent to manage her own affairs; though I think she was in that condition that she could take care of herself pretty well—she knew pretty well what she was about.
COURT. Q. What do you think of her wandering into the Edgware-road in the middle of the night? A. She might have taken a fancy to a night walk; she came to no injury.
MR. METCALFE. Q. Before she left this gentlemen's house, up to the last time you saw her there, was there, in your judgment, anything in her conduct to justify confinement? A. No, not any restraint.
Cross-examined. Q. You say there were decided indications of mental aberration, when was that? A. At my last visit to Mr. Wilkins, about six weeks or two months ago; it might have been in July—I don't think she required any restraint—I don't say she was competent to manage her own affairs, or to take care of herself.
MR. METCALFE. Q. Will you fix some date? A. I cannot fix a date—it might be two or three months ago—I do not think she deserved to be confined in a lunatic asylum—I think the surveillance of a medical man would have been necessary—I should have been very sorry to Bee her put into a lunatic asylum if she had been a daughter of mine.
FREDERICK CLEMENTSON . I live at Ealing, and also in Westbourne-ter-race, London—I know Mr. Wilkins—I have been in the habit of going to his house, and have occasionally seen the young lady in question there—I cannot state the exact date when I last saw her, but it was sometime during August, shortly before the 6th—I have frequently seen her, but cannot say exactly when—I always considered her of a weak mind, and nothing beyond that—there did not appear to me the least reason for restraining her—I would not have had it done on any account—she was always exceedingly quiet when I saw her—sometimes she has conversed with me—her conversation has always indicated a feeble mind—she was always treated as one of the family, and took her meals with them—from what I have seen, Mr. Wilkins's conduct was invariably kind to her—he has a large family of children—they were all living in the house, and railed with her.
Cross-examined. Q. What is your business? A. I was in the Madras Civil Service—I am not in the medical profession—I have been backwards and forwards to Ealing constantly; sometimes residing there for five or six months in the year—my visits to Dr. Wilkins were those of an ordinary friend, calling occasionally—I occasionally saw the young lady when I called—I never saw her otherwise—I have never dined there, or taken a meal there—I have gone into the house when they were having their meals, and seen her seated at the table with him.
JOHN HAY . I am one of the firm of Grimble and Co. distillers, in Albany-street, Regent's-park—I have known Mr. Wilkins for the last fifteen years—I have been constantly in the habit of going to Ealing—I lived there six years during that time—I have been in he habit of going to his house, and have seen the young lady there four of five times times within the last two years—the last time I saw her, I think, was in June, walking in the street with a servant—I drank tea there the first time I saw her—she sat at table drinking her tea the same as the others—I saw nothing peculiar inner
conduct—that must have been more than two years ago—I never saw anything indicating that she ought to be confined or restrained; the only thing I noticed about her was, that she seemed to be talking to herself—she had a book reading, and appeared to be talking to herself—I spoke to her the first time I saw her, and she answered me as rationally as you do—she was treated as one of the family, and associated with the children—I have seen her with Mr. Wilkins's daughters, I believe, upon each occasion—the last time I called, she was alone in the dining-room, and I was shown in to her by the servant—I have, unfortunately, some experience in these matters; I had a brother who lived to the age of thirty-two, who was perfectly imbecile from having received a fall when a child, although he was perfectly intelligent in many things; we could not consider him other than imbecile, but he was never restrained in any shape or way.
Cross-examined. Q. What did you do for him during his imbecility? A. We merely gave him medicine occasionally, and kept him on the lightest food—he was not put under the watch of any person—he was sufficiently rational for this, that if he had had once met you, if he did not see you for two or three years, he would address you by name; but we could not teach him to read, or to put his boots on; he always put his left boot on his right foot, and spoke in an imbecile way—he was weak in intellect—he was quite able to take care of himself—he sat at table with us like others—except into the garden he never went out alone, as a matter of course.
MR. METCALFE. Q. But you did not think he required constraint? A. Not the least in the world.
JOHANN BOQUET . I am a teacher of the French language, and have resided at Ealing for the last seven years, I have been in the habit of teaching Mr. Wilkins' children for the last four years—I used to see Miss Mitton there every time during the last two years, and besides I would occasionally tall at the house, and would generally see her there—I have had occasion to see her at least four times a week—I always called her a child; an over-grown child; a childish mind grown up with her—I never saw her do anything wrong—I never saw anything that indicated that restraint was requisite—when strangers would come into the house, and stay for half an hour with her, they would scarcely notice anything—she would converse with any person that came in—occasionally she would be a little shy; in fact, what was most noticable in her was timidity—she was very nervous—she would talk rationally, but childishly.
HENRY HOLL . I am a wine-merchant living at Ealing—I have known Mr. Wilkins about four years—I have been in the habit of going to his house, simply to consult him—I once saw the young lady there, about December last—I had no opportunity of conversing with her—she was sitting at the table with Air. Wilkins's children during their evening meal—she seemed one of the family—there was nothing to call my attention to her as distinguished from the rest—I thought she was a visitor.
To enter into his own recognizance to appear and receive judgment at the next Session.
MR. PATER conducted the Prosecution, and MESSRS. SLEIGH and OPPBNHEIM the Defence.
NOT GUILTY .
MR. COLLINS conducted the Prosecution, and MR. BES the Defence.
PHOEBE MEARS . I am the wife of Isaac Mears—I have known the prisoner and deceased—they lived very nearly opposite my door—one evening, three weeks before Mrs. Birch's death, as I stood at my street-door, I saw the prisoner come home—Mrs. Birch was out; she came home almost directly, and was in the act of undoing the street-door, when he struck her several blows in the face with his fist—she went in doors—I saw her return in about ten minutes or a quarter of an hour with her cap off, her hair hanging down, and her face bleeding—I did not cross over to her—she went to a greengrocer's close by.
Cross-examined. Q. How long have you lived there? A. Between four and five months—I did not hear the deceased say anything to the prisoner before this was done—she was in the act of opening the door—he seemed rather impatient at her opening the door, and struck her—I never saw her the worse for liquor.
JOHN RICHARD MORGAN . I am in practice as a surgeon—I was called to the prisoner's house about 9 on the night of 29th August, and found the deceased lying apparently dead, with her head on the under shelf of a wash-stand—with assistance I raised her on to the bed, and partially examined her—I observed some bruises on the thigh; they appeared to be done by a blow or fall, a kick perhaps—I told them to send for the Coroner's officer—I afterwards examined the stomach—I found a bruise on the left side, three inches below the umbilicus; a small bruise on the left side of the right leg, near the knee-pan, and another bruise above the right buttock—none of those bruises had anything to do with the cause of death—from the position I found her in, I think she had got out of bed to use a certain utensil, and had slipped off.
JAMES EDMUNDS , M. D. I made a post-mortem examination of the deceased, at the Coroner's request, on the afternoon of 13th August—I was told she was fifty-three years of age, and I should say she was about that—she was a fat, bulky woman, in good condition—the body was still somewhat rigid—there was an old scar on the right side of the forehead, and another on the right shin—those were the results of violence some yean ago—around the left eye was a very severe bruise, from which a cut extended down to the cheek-bone, about an inch in length—that bruise was becoming green and yellow, and the cut was in process of healing—I judge it to nave been from one to two weeks old—upon the abdomen, midway between the navel and the pubes, was a very severe black bruise—on the front of the left thigh were four more severe, transverse, black bruises—their size, colour, and appearance indicated that they were done at the same time and by the same instrument or means which bad caused the bruise on the abdomen—I believe they were caused by the toe of a large, heavy boot—they were such wounds as only very severe violence could have caused—I judged them to have been about three days old—there was a small bruise on the knee, and another small bruise on the buttock—on opening the head I found a clot of blood weighing about 3 ozs., dark in colour, and firm in texture, lying between the brain and the membranes on the right side, in the cavity of the arachnoid—it spread all over the right side—that clot of blood had sprung from a rupture of the meringiael artery, where it passes through a groove in the skull—that had been the cause of death—the brain and its vessels were perfectly healthy—I examined the chest and stomach—the rest of the organs were healthy—the bruise in the abdomen bad net caused any visceral mischief—from the character of the fat about the body, and the condition of her liver, I should
have suspected that she was in the habit of drinking too much; but not that she was a drunkard—such persons have a peculiar oily kind of fat—I think the rupture must have been caused by violence, because that artery is never known to burst from natural causes, unless from aneurism or some manifest disease—the vessels in the brain itself are very liable to rupture in common apoplexy—this was not apoplexy—the clot of blood may have existed there three weeks—I have known similar cases, in which the violence was clearly traced to a week or ten days before, without any symptom beyond headache being caused.
Cross-examined. Q. You attribute the death to the effusion of blood on the brain? A. Yes; that may have been caused by a fall on the floor—with a person in the habit of drinking freely, there would be a brittleness of the brain-vessels, which would render them more liable to burst—drinking rots all the textures—this was not a vessel in the brain itself—it supplies the skull and membranes of the brain.
EMMA ROBERTS . I live with my father, next door to the prisoner—on Monday night, 29th August, the prisoner came home about half-past 8—he asked me if I seen his wife—I said, "No"—he said he had no key to get in with—the person next door lent him a key, and I lent him a candle, and he went up stairs to his own room—there are but two rooms, one up stairs and one down—he was down again almost as quickly as he was up—I asked him if Mrs. Birch was in—he said, "She is gone"—I said, "Gone?"—I thought he meant gone out—he said, "She is dead; she is lying on the washhand-stand"—I tan and called my father, and he went with another candle up stairs—a policeman was standing next door, and my father called him—I went for a doctor—I had seen the deceased on the Saturday night—she said her husband had beat her—her face was bleeding a little from a wound in the left cheek—the prisoner was not with her.
Cross-examined. Q. The prisoner used to go out in the morning to work, and come home in the evening, did he not? A. I believe so.
COURT. Q. Had you seen the deceased during the week before the Saturday? A. Yes; she very often came to our house—she was going about her work, and appeared well; she did not complain.
ELIZABETH SPARROWHAWK . I live at 20, John-street—on Sunday, 28th August, about 11 o'clock, the night before the deceased was found dead, I was passing by her door, and saw her and the prisoner at the door—he offered to strike her, but she stepped aside, and prevented the blow—she crossed the road, and went into the side door of a public-house—she said, "I will write; I have said so, and so I will"—I don't know whether he could hear her—I knew her well—I don't know whether she was in the habit of going to the public-house; I never saw her.
ESTHER HORNCASTLE . I live at 5, Nelson-street, about twenty yards from the prisoner's house—on the day the deceased was found dead I saw the prisoner pass my door between 4 and 5 in the afternoon, it might have been a little earlier—I am sure it was him—I knew him very wall by sight, I sever spoke to him.
JOHN AXE (Policeman, N 282). On Wednesday morning, 31st August, I was sent for to the prisoner's house—he said he had left his work on Saturday afternoon, came home, and found his wife very drunk, they had a quarrel, and he gave her a smack of the face outside the parlour door at the bottom
of the stairs, and she fell, striking her face against the wall; when she got up he saw she was bleeding from a scratch on the face, he then went out—he added, "She was a very good woman when sober, but very violent when drunk."
DAVID DEAN (Policeman, N 285). On Monday evening, 29th August, I was called to the prisoner's house—I went up stairs and saw the deceased lying on the floor on her left side—when we came down stairs, the prisoner said he had come home several times and found her drunk, and no fire or victuals ready for him, and that aggravated him and caused him to strike her, or give her a clout—he did not state the time.
NOT GUILTY .
MR. LILLEY conducted the Prosecution.
NOT GUILTY .
NEW COURT.—Thursday, September 22d, 1864.
Before Mr. Recorder.
Confined Six Months.
MR. BEST conducted the Prosecution.
ARTHUR PALMER . I am a carman, of 14, Swan-street, Mile-end-road—on 10th September I was walking down Sidney-street with Clark, and saw the prisoner and a man—the man hit me in the mouth—I had not said anything to him—I said I would give him in charge—we struggled and fell together—while I was on the ground the prisoner jumped on me and stabbed me—I got up and walked to the lamp-post—I bled very much, and was taken to the hospital to have my wounds dressed.
Prisoner. It is false—I did not strike him—he out his head by falling on the kerb—they both fell together.
COURT. Q. Did you see any knife? A. No, but I saw her strike me, and felt a blow—there was no attempt to rob me—the man struck me without any provocation—I had never seen him in my life.
WILLIAM CHARLES CLARK . I am a carman—I was walking with Palmer, and a man stepped over the path and struck him on the month—Palmer turned round to give him in charge, and they had a struggle, and both fell—the prisoner, who was with the man, then chucked herself on them, and stabbed Palmer with a kind of Spanish knife, from what I could see of it—he had not struck the man or said anything to him—Palmer was taken to the hospital.
JOHN BURNETT (Policeman, K 388). On 10th September I heard a noise, went to Sidney-street, and saw Clark, Palmer, and James Wood—in conesquence of something which was told me I went to 3, St. John's-place, and found the prisoner and several other persons—I charged her with assaulting the prosecutor, and asked her what she had done with the knife—she said that she had no knife—I found a very ragged cut on her little finger, which was bleeding fresh.
Prisoner. The cut was done on the Thursday before that, being washing day, I broke the skin of it—it was not bleeding, or my handkerchief would have been bloody.
manufacturer of mineral waters—I was in Sidney-street, and saw the prisoner with a knife in her hand—there was a man with her—when they left the prosecutor I watched them down the court to 3, St. John's-place, and took the policeman there.
COURT. Q. Did you see the beginning? A. Yes, I saw the man leave the prisoner's arm and strike Palmer without any provocation at all—he was not drunk, nor was the prisoner.
JOHN DAWSON . I am a surgeon at the London Hospital—I examined the prosecutor, who was suffering from a lacerated wound of the scalp—I do not think it was done by the stab of a knife, but by some blunt instrument—a closed knife might do it, I think—it could not have been done by striking the kerb, because it was on the top of the head.
Prisoner's Defence. I do not know how he got it done unless it was by felling.—
GUILTY of unlawfully wounding. — Confined Six Months.
892. SAMUEL DILLOW (22), HENRY KING (19), JOHN DOWLES (27), and CECILIA BRAND (20) , Burglariously breaking and entering the dwelling-house of Mary Cousins, and stealing therein 3 blankets, I petticoat, and other articles, her property. Second Count, feloniously receiving the same.
KING PLEADED GUILTY .— Confined Twelve Months ,
MR. HOUSTON conducted the Prosecution, MR. COLLINS defended Dilllow,
MR. PATER Brand, and MR. TAYLOR Dowles.
MARY COUSINS . I am a widow, of 8, Spicer-street, Bethnal-green—on Thursday evening, 25th August, I left home to go to my daughter's to take care of a child, as I was in the habit of doing—I left about 9 o'clock, leaving Mr. Oxford and other lodgers in the house—next morning I received information, went home and found that the back window had been broken or eat, and the fastenings removed—I found the drawers completely stripped except a little rubbish at the bottom and other property taken away—some of these articles (produced) are mine, and some my daughter's, a great many have not been found.
Cross-examined by MR. COLLINS. Q. Do you rent the whole house. A. Yes, but I only occupy the ground-floor, there are lodgers above—the house is fenced round by a wall above a man's height, which separates my house from William-street.
GEORGE OXFORD . I am a toy-maker and lodge in the prosecutor's house—on the night of 25th August I went to bed at 12 o'clock, leaving the house safe, and was called by the police at half-past 5, and found the back gate and the window open.
DAVID ISTEAD (Policeman, H 223). On the morning of 26th August at a quarter to 4 o'clock I saw the four prisoners in Brick-lane, but did not speak to them—about a quarter-past 4 I stopped Brand and asked her what she had got—she said, "Nothing"—I pulled her shawl aside and saw two large blankets—she said that her mother gave them to her—I took her to the station.
Cross-examined by MR. PATER. Q. How far is Brick-lane from the prosecutrix's house? A. About a quarter of a mile.
Cross-examined by MR. RIBTON. Q. Had you seen the prisoners before a quarter to 4? A. Yes, at half-past 2 I saw Brand, Dillow and King come out of Flower and Dean-street, which is a turning out of Brick-lane; but the first time I saw Dowles was a quarter to 4—I knew him by seeing him about, but did not know where he lived—they went down Brick-lane towards where the robbery was committed—I took Brand three-quarters of an hour
afterwards—Dowles was taken the next night at his house by Fordham—I had not seen him with any of the others before.
Cross-examined by MR. PATER. Q. Are you quite sure Brand said she received the blankets from her mother? A. Yes, she did not say she came from her mother's—I am quite certain about the hour, because I saw Spitalfrelds clock every minute.
STEPHEN SQUIRE (Policeman, H 217). On 26th August, at a quarter to 4 o'clock, I saw the four prisoners go down Brick-lane, the three male prisoners went down Spicer-street into George-street and Fleet-street, where I lost sight of them—the female prisoner kept on to the railway arch, the then returned and went down Spicer-street to the end of Great George-street and at the corner of Fleet-street I saw her take 2 blankets from Dillow, who was with the other prisoners—I ran for assistance, and while I was waiting for another constable Brand came out of George-street into Brick-lane—I ran down the back streets and met her at the end of Montague-street—I saw Istead stop her and take the blankets from her, and when he came back Fordham had King and Dillow in custody—I searched them at the station, and found on King this pillow-case, a quantity of wax matches, and a 2-ounce brass weight; the pillow-case and the weight are identified by the prosecutrix.
Cross-examined by MR. COLLINS. Q. Did you remember before the magistrate that Dillow gave the blankets to Brand? A. No, it slipped my mind, but I mentioned it to the constable at 5 o'clock—I went before the magistrate at 12 o'clock—I did not forget it, but I forgot to mention it.
Cross-examined by MR. TAYLOR. Q. At what time did you see Dillow give Brand the blankets? A. About a quarter past 4—they got away after that—that was about 150 yards from the prosecutrix's house.
HENRY FORDHAM (Policeman, 197 H). On 26th August I was on duty in Brick-lane, and saw Dillon and King go through Church-street about 5 o'clock—I went down Fashion-street and met them in Commercial-street—Dowles said, "What is o'clock, old man?"—I said, "About 5"—I saw them speak to King, and go into Fashion-street, and into Brick-lane—King and Dillow went into Spital-street, and then to New Church-street, and into No. 8, Great George-street—they shut the door and fastened it—I knocked at the door; a man opened it, and I asked him if two men had come in—he said "Yes, two men have gone through"—I looked in the water-closet, and could find no one, but I saw Dillow standing in No. 9 yard—I asked him what he was doing—he said, "I have come to ease myself"—I asked where his mate was—he said, "I do not know"—I got over and took him—I then looked over No. 10 yard, and saw King standing by the water-butt—he said that he had come to ease himself—I took him in custody, and waited ten minutes for some one to assist me—a man came out, and I gave the prisoners to two other constables—I found behind the door in the passage a blanket, three gowns, three shawls, one cape; five petticoats, three counterpanes, one sheet, a pair of bed-curtains, four pairs of stockings, and several other articles—I searched the yard where Dillow was standing, but found nothing—I took Dowles on Friday night, took him to the station, searched his lodging, and found this silk mantle.
Cross-examined by MR. COLLINS, Q. How far is Great George-street from Spicer-street? A. About 150 yards.
Cross-examined by MR. PATER. Q. Did you see Brand? A. No—I was on duty from 8 at night till 5 in the morning in Flower and Dean-street and Brick-lane—I met Istead about 4 o'clock.
Cross-examined by MR. TAYLOR. Q. Where did you take Dowles? A. In Flower and Dean-street—I found the cape in his room, 15, Wilson-place, Flower and Dean-street, about half a mile from Great George-street—I knew him before, and knew that Brand lived with him.
DILLOW and DOWLES, GUILTY . They received good characters.— Confined Twelve Months each.
BRAND, GUILTY of receiving. — Confined Eight Months.
MR. METCALFE conducted the Prosecution, MR. RIBTON defended Davis, and
MESSRS. ORRIDGE and WILLIAMS defended Cooper.
HENRY MAY . I carry on business as agent and valuer at 4, Great Carter-lane—I bad the front office vacant—in April, a man named Montagna, apparently a foreigner, applied to me, and ultimately took it—it was arranged that the first month's rent, 4l. 12s, should be paid in advance—he took possession, and there was a Frenchman with him—about a fortnight afterwards I saw the prisoner Davis there, and he continued there from that time till Ibis charge was made—I did not see Cooper till six weeks ago—Montagna continued till the middle of July—the other foreigner left shortly after Davis came—the name of Montagna and Co. was painted upon the door—the second month's rent was ultimately paid—Davis was there before the third month became due—there appeared to be a difficulty in paying it, and it was arranged with Davis that it should be included in an account for which he gave me an acceptance—I got no money on account of that bill—I subsequently distrained twice; the last time was in August, when we seized a basket of new pewter-pots as they were delivered—the prisoners were both there then, and Davis informed us that it was by pledging goods that he obtained the money to pay out the first distraint—he said that it was by pawning a quantity of brooches and other things which we had sold him—he said that he expected Dawson and Co. would execute the order for him, as they were a pliable firm, and he should then be able to give me security for my debt—I saw no bona fide business carried on there—goods came in and went away again the same day, often in the evening—I never observed or heard of their making any sale of goods, and I have had frequent communications with them—the offices were opposite each other, on the side of the passage—if people came on business I should have seen them—I have seen people who had supplied goods come to make inquiries, and I have overheard squabbles and difficulties about not getting payment for accounts—that was a very frequent occurrence lately—I seized some of the account-books for rent, and handed them to the officer Hann—Cooper was introduced by Davis, as a gentleman who was going to join Mr. Montagna as a partner.
Cross-examined. Q. Did the Frenchman act as clerk or servant? A. He was a partner—they were there nearly every day—Davis was there shortly before the Frenchman left—Davis told me that he had an engagement to manage for them, and was to have 4l. a week—I did not say that it was very little for a man of his intelligence and capacity—we did not enter into particulars—Montagna was there frequently up to the middle of July—the Frenchman left a very few weeks after they came—either he or Montogna came daily to the office—I did not go into the office more frequently than I had occasion, but we were on very good terms—I speak a little
French—I saw a waste-book and ledger there—it was a furnished office—I am a draper's agent—I am not out a great deal—he did not give me a reference about the rent; he did mention the name of a house at the West-end—the first month was paid in advance, but the second we had to make a great many applications for, and they went into the second week of the second month—I have not got the acceptance here; it was for 37l. 2s. 4l. 12s. being the rent, and the rest drapery goods and fancy jewellery, which we had supplied to Montagna before he left—the first parcel of that came to 40l., and Montagna paid half of it; that was for drapery goods—he had only been there a few days then—the other 20l. was included in the bill; it had to run, I think, two months—they also had blankets and counterpanes from me, but 20l. was all the money I received—the pewter-pots were not samples; there were three dozen of them, and they were the second lot that had been obtained from one house—there were also two straw hats, which were not worth selling—I have sold the pewter-pots.
Cross-examined by MR. ORRIDGE. Q. Was it in April that the office was taken? A. Yes—I first saw Cooper about six weeks ago from the present time; it might be the early part of August—the holder of the bill sued Montagna, and got judgment—I never saw or heard of Mrs. Montagna.
MR. METCALFE. Q. Did you get any fruits of the judgment? A. No—Cooper was very anxious to get the pewter-pots back—he said they belonged to his father Harton and Co. of Shoe-lane, did not claim them.
JOHN SWITCH . I am salesman to John Miller, a stationer, of 73, Cannon-street—on 27th July Cooper came there, and asked me if we had royal hand paper, such as is used by grocers—he said that he came from Montagna and Co., of Great Carter-lane, St. Paul's—he gave me an order for fifteen reams of white and twelve of blue, which he wanted as soon as possible—I sent it within about two hours—the value of it was 11l. 8s. 7d., which I told him was the lowest price for cash—I gave instructions to our porter, but he did not bring back the money—about three weeks afterwards Cooper came again for some more paper—I spoke to Mr. Wilson, the manager, who asked him who Mr. Montagna was as he was a total stranger to him, and he did not wish to give him any more goods, till the first were paid for, without a reference—he gave as a reference Mr. Alexander, of Cannon-street—I did not go there.
Cross-examined by MR. ORRIDGE. Q. When you speak of cash, you mean in a month, do not you? A. No, unless it is specified—"Cash" means on receipt of the goods—I did not say so.
JOSEPH EWINS . I am Carmen to Mr. Miller—I took the twenty-seven reams of paper to 4, Great Carter-lane, and saw Davis—I told him it was a cash order, and I was to bring the money back—he said, "It is all right, Mr. Montagna is not in; you can leave it"—I gave him the book—he signed it, and I left the goods without the money.
JOHN WILSON . I am manager to Mr. Miller—I saw Cooper about the middle of August, when he applied for a second quantity of goods—I asked if he was Montagna—he said, "No, I am not"—I said, "As Montagna has not paid for the goods he formerly got, I cannot supply them"—he said, "Mr. Montagna is in the country"—I asked for a reference, and he gave the name of John Alexander, and I sent to him a person who is not here—I went next day to Great Carter-lane, and met Cooper going down stains—I said, "You are the man I want to see"—he said, "If you step up you will see Mr. Davis, and he will make it all right"—I went up and found two or three parties standing at the door similarly situated to myself—some one
was speaking to Davis inside, who came out, and I then went in and told Davis I had called for the account—he said that he was merely a servant, that Mr. Montagna was in the country, but if I would wait till Saturday he would make it all right; Mr. Montagna would be home, and I should receive a cheque for the account—I told him I would not wait another minute; we bad already waited too long, and I wanted the money or the goods—he said that the goods were not there—we have neither been paid or got the goods.
GEORGE ARTHUR BLACK . I am traveller to Carlton Brothers, straw hat manufacturers, of 10, Gutter-lane—on 25th July, Cooper came and presented this card, "G. Montagna and Co. importers of foreign fancy merchantdize, 4, Great Carter-lane, St. Paul's"—he said that he came from that firm, and wanted to see samples of a certain description of straw hats—I said that we had a pattern of the goods in stock, bat not all—he said that the firm bad a shipping order for those goods—I said that I would select a few samples, and send them down to his place or go down myself in an hour—it I was then pretty near 3 o'clock—he said, "Unless the goods are sent down before 3 it will be little use, as our buyer, Mr. Davis, leaves then"—I made up twelve hats and twelve bonnets, and sent them by a porter—they were worth about 6l.—I followed him, and saw both Davis and Cooper—Davis was looking at the patterns when I went in, and I said, "I have come down about those patterns"—he said, "Yes, the gentleman who is our client has left; you are a little too late; we shall see him to morrow morning, and then will send up the order with the patterns," but we did not receive either—I went to the office, and saw Davis—he said he was very sorry to trouble me, but his client bad gone to the Crystal Palace with Mr. Montagna, and would not be at business that day, but it would be all right; he would see his client, and very likely he would bring him, and the result would be that he would very likely buy a good parcel from us—I did net like being put off twice, and rather pressed him, but in quite a business-like way he said that since we pressed him he would try and see the gentleman that evening, and would come up with the money that evening—he did not do so—I continued to go there till the 5th, and generally saw each of the prisoners—I again asked them for the samples—they promised faithfully to send them the next day, and on the 5th the order came for five different patterns of hate and bonnets, to the value of 36l. and also an order for further samples of goods, which were the most expensive we could produce—Cooper came with that order, and I referred him to the counting-house—next day I called at the office and saw both the defendants—I said that we had received the order for goods, which we had not in stock, but if he gave us the order we would apply to our agents and get them from abroad—Davis said he believed there was no hurry, and we might take time—I told him our terms were a reference or cash; "cash" means on the receipt of the invoice—he said that he quite understood that, and their terms were cash; they paid cash for all the goods they bought, and when the goods were delivered he should be prepared to pay cash for them—I agreed to those terms—this was a shipping order—I said that it was necessary, before we could proceed with the order, to have the patterns back—Davis said that they had been sent into the country to his client—after this I went frequently for the patterns—I brought away a portion of them, seven, I think, but never got the rest—I did not execute the order, because I never got the patterns back—once when I asked Davis for the samples, he said that probably his client might keep two or three of them—nothing was said before we left them about their
being sent back, because we never leave them, and Davis said that they should be returned the following morning with the order—about 18th August, I went to the office, and saw both the prisoners—I said that I was very dissatisfied with the way they made excuses, and I told Davis that one excuse was directly contrary to the other, and I was quite satisfied that it was an attempt to swindle us out of our patterns, and unless he was prepared to pay for the goods, or return them by a certain hour, I should very likely give him in custody—subsequently to that, an I O U was handed to me, and I went with it to the office—it was signed Chas. Davis—is it not here—I received it, in our office, from one of the partners—I showed it to Davis, and said, "This I O U is of no use, and I believe you are the principal party interested"—he received it back, crumpled it in his hand, and said, "You have no further use for this then"—I believe this to be it (an I O U for 4l. 14s. signed "Chas. Davis")—the amount corresponds, I believe—I pointed to the I 0 U and said, "You have given us your private address here, which we have ascertained, as far as we can, to be false; the address we have found to been a butcher's shop for many years"—he turned red, and seemed to be surprised that I had found it out so rapidly—he said, "I will have nothing more to say to you; I will settle the matter with your employer"—Mr. Carlton, who had gone with me, was leaving the office and tendered the I O U to him—it is on an envelope of Mr. Carlton's, one of our own envelopes, and the address was written about here—we hare sent several letters to him—Davis said, "I have told you before Mr. Montagna will be here on Saturday, and you will be paid the amount," but he did not come, and we took out a summons—I asked Davis the day before to refer me to anybody he had paid money to—he said, "Yes, I can refer you to Mr. May opposite"—I said, "That is very little use to you, Mr. Davis; I have seen Mr. May, and he gives you a very bad character indeed"—he said, "If Mr. Montagna was at home I could give you a reference, but am not prepared to do so now"—I asked him if he could refer to anybody but Mr. May who he had paid money to—he said that he could not—I have frequently seen several other people there, and have stood talking to Davis in the office while men have demanded their patterns—Cooper generally tried to push them into the lobby, to have a quiet chat with them out of my hearing.
Cross-examined by MR. RIBTON. Q. Was that I O U given to your brother? A. No, to Mr. Carlton—he is not here, he can be sent for—my partner saw the address as well as me—three witnesses can prove that there was an address on the I O U—I supplied him with two dozen samples of hats and bonnets, value about 6l.—I got back seven of them, but not for a fortnight or three weeks—I saw some of them when I called there, but not more than seven—he said that they had been sent to the country, to his customers—he did not say that it was no use his writing for them, because we would not take them back again—I did not say that I would not take them back, because they were soiled—I should have been glad to get them back—he was summoned at the police-court, but did not attend—he attended the second summons.
Cross-examined by MR. WILLIAMS. Q. When Cooper brought you the order, was it sealed up in an envelope? A. I do not know—I did not see it till Mr. Carlton handed it to me.
MR. METCALFE. Q. Just look at this I O U, and see whether the bottom part has not been cut off. A. This is not the I O U that was handed to us, or, if it
is, it is not in the same state—the part I miss may have been cut off—there was a private address on it, but I can almost swear it was not Carter-lane.
CHARLES CAPLIN . I am clerk to Edmund Jacobs, importer of fancy goods—on 2d August, Cooper came with a small piece of paper in his hand, and said, "Edmund Jacobs, you keep clocks?" I said, "Yes," and offered to show him some—after he had seen them I asked him where he came from—he gave me a card, and said that a customer wanted the clocks at once—I said that if he bought any clocks he must pay cash for them, as we did not know him—he said, "Oh yes, they will be all right, I have no doubt"—he said he wanted them for a customer, who wanted them as samples—he did not say how many be wanted, but he ultimately selected six—he said that if I liked to pack up the largest one he would help me to carry it round, which he and I did, and afterwards I took the rest—there was a brooch and a scarf-pin on the counter, and he said that he should like the brooch for himself, and his customer would want a gross of them—we took the clocks to 4, Carter-lane, and there saw Davis, who said that it was too good a clock, he wanted cheaper ones, about 18s.—I then fetched the three smaller ones and a cheaper one—I did not take the shades—Davis said they looked much better with the shades, and told me to fetch them, which I did—he said that he expected the customer every minute, and that I was to make haste—I said that I should come and fetch them away in the evening with a truck, but instead of going that evening I went next morning—I saw Davis, and gave him this note (This was from Mr. Jacobs, requesting to have the clocks back)—Davis read it, and I brought away two of the clocks, but never got back the other three—he pressed me to let them stay for the customer, who would not want the dearer ones—I took the scarf-pin and samples of jewellery on the first occasion to the value of 8l. or 9l. (Another letter was here put in, from Edmund Jacobs to Montagna and Co., dated August 4th, stating that unless the goods were paid for or returned by 12 o'clock next day, steps would be taken to obtain them.)
Cross-examined by MR. RIBTON. Q. Did you get back two clocks? A. Yes, and about 7l. worth of the jewellery—he did not desire me to send the jewellery, only the scarf-pin, but he said that a customer probably would buy them, and I took them, and left them there—I got back all the scarf pins—the brooches and chains were on cards, we got back nearly all of them—they were marked on the invoice, "On approbation"—we did not mean them to be taken off the cards, but what they kept were taken off.
Cross-examined by MR. WILLIAMS. Q. Did not Cooper say he would send back what he did not want? A. Yes; he said that he had sent the rings and things to the travellers in Brighton.
EDMUND JACOBS . I am an importer of fancy goods—on 2d August Caplin made a communication to me, and I went to 4, Great Carter-lane at 6 o'clock, but the place was closed—I went again next morning, at half-past 10, and the place was still closed—I went again, and saw both the prisoners—Cooper introduced me to Davis, he said, "This is Mr. Jacobs"—I told them who I was, and asked them to give me back the goods left on approbation the day before—Davis said that he could not do so, as he had sent the jewellery to a customer in Brighton, and one clock to a customer in London—I saw a few clocks of mine on the table—I told him I wanted the goods or the cash, as our system of doing business was to have the cash for goods on approbation—Davis said that Mr. Montagna was expected in every minute, and he would either send cash or a cheque, but he could not give me anything, because Mr. Montagna was not in—I asked when I could see Mr.
Montagna—he said at 1 o'clock—I asked him for a reference, he said he could give none, but Mr. Montagna would bring some with him—I went home and sent back my porter with a letter, in which I asked to have all the goods back, and at 1 o'clock Cooper came and brought as a reference the name of Mr. Alexander, of Cannon-street, and on my asking for further references, he gave the names of May and Hutchinson—next morning, at 10 o'clock or half-past I went to Mr. Alexander—I saw the name written up, but could not find him there—I then went back to the prisoners' house, and said that I wanted the cash or the goods—he said he could not give me either, I should be obliged to wait 24 hours—I said I could not, and if he did not give me cash or goods at once, I would summon him—he promised roe to bring the goods at 1 or 2 o'clock; and at 2 o'clock, Cooper came and brought about 4l. worth of jewellery back; he said, "Give me an invoice for the rest, and I will fetch you the money from Mr. Montagna."—I made out an invoice, and said that I preferred going myself—I went and asked Davis for the money—he said that he could not give me any, the invoice was only to send to his customer—I said that I was going to summon him—next morning I went again and asked him if he was ready to give me the goods or the cash—he said No, that I should be obliged to wait longer—I asked him to tell me where they were—he said that it was not likely he was going to tell me the names of his customers—I at last said that I would take out a summons—I have neither seen the jewellery nor the money—what I have lost amounts to 10l. 12s. 11d.
Cross-examined by MR. WILLIAMS. Q. When Cooper brought you the address of Mr. Alexander, was it written on a piece of paper? A. Yes, he did not say, "I have brought this from Mr. Davis," he said, "I bring you the reference."
EDWARD JOSEPH TUCKER . I am salesman to Mr. Collins, manufacturer of artificial flowers, at 19, Gresham-street West—on 4th August I went to 4, Great Carter-lane, by his direction, and took twelve crinoline skirts as samples—I saw Davis, and I believe Cooper—I told Davis I had brought the sample skirts—he requested me to leave them for a couple of hours, as the parties who wished to see them were not in then, and would I call again for them in two hours—I left the goods; they were worth 3l. 10s.—I returned in two hours, saw Davis, and asked him if the skirts were ready—he said that the gentleman had seen them, but had not decided, and would I leave them till next morning—I objected at first, but afterwards consented—I did not go the next morning, but on the Saturday morning—I saw both the prisoners—Davis said that the skirts had been sent back the day before—I said that we had not sent for them; he turned round to Cooper and said, "You sent them back, Cooper?"—Cooper said, "Yes; I gave them to a man dressed as a porter, who said he came from your house"—I asked whether he brought any order—he said, "No"—I said, "We should not send for them without an order"—Davis said that it was very foolish of Cooper to give them up without an order, and that of course we should look to them for the amount—I said that we should—he said, "Possibly they were given to Foster Porter's porter—I believe they deal in the same articles"—he said that they had had some goods from them, and very likely they had been delivered in mistake to them—Cooper came to our premises the same morning, and brought two orders for skirts; twelve dozen altogether—here are eight dozen on this order; the other order was returned because it was not accepted, as it was wanted to be returned by bearer, he wanted to take the four dozen back with him—this is the order (produced)
—I told Cooper we could execute the order for four dozen that day, but wished to know whether they were for cash or a refence—he said that he could not give me a reference, but probably Mr. Davis would—I went and saw Mr. Davis; he objected to give me a reference, but said that when the order was completed for the twelve dozen, he would give me a cheque for the whole—I said that I must have the cash for the four dozen or a reference, and he referred to Mr. Alexander, of 78, Cannon-street—I went there that day, and again twice or three times on Monday, but never found Mr. Alexander—his name was on the door post, but nobody answered to it—Cooper came again on the Saturday for the four dozen skirts—we still objected as we had not seen the reference—I asked him about the samples—he said that they had not found them yet, but would make inquiries—I asked several times, but never succeeded in getting them at all.
Cross-examined by MR. RIBTON. Q. Do I understand that no goods were supplied, but the skirts which went as samples? A. No.
Cross-examined by MR. WILLIAMS. Q. Did not he say he could not give you a reference because he had not been there long.? A. No.
THOMAS BOWDEN BENNETT . I am warehouseman to Messrs. Graham, of 5, Wood-street, wholesale warehousemen—on 16th August a person, who I believe to be Cooper, came and handed me a card with a request in pencil on the back, that some samples of skirts should be sent to their office—the card is mislaid, we cannot find it—I banded it to Mr. White.
Cross-examined by MR. RIBTON. Q. Where did you put it? A. On my counter, I believe—I looked for it all over the warehouse before I appeared at Guildhall and after.
THOMAS BOWDEN BENNETT (re-examined). On one side of the card was "Montagna and Co." and on the other was written "Samples of shirts and patterns of flannels"—Cooper spoke in a friendly sort of way, intimating that we had better send as good an assortment as possible, and as large a number, as it might result in a considerable order—I handed it to Mr. White and told him—he selected the goods.
RICHARD WHITE (re-examined). I am a warehouseman in the employment of Simons and Graham—on 16th August a card was given to me with instructions—I went to 4, Great Carter-lane, and looked at some samples of shirts and flannels—the shirts were worth 5l. and the flannels 2l. or 3l.—I requested Mr. Bailey, our traveller, to take them to Great Carter-lane—they have not been returned, nor has the money been paid—they were not followed by a very good order.
JOSEPH LADD . I am porter to Messrs. Graham—on 18th August I went to 4, Great Carter-lane, and met Cooper outside the door—I told him I had come for the patterns of shirts and flannels—he said, "They were fetched yesterday or the day previous by the porter"—I said, "That cannot be, as I am the only porter in the house"—I was not satisfied and went into the little office, and told Davis I had come for the patterns—he said, "They were sent for yesterday by the porter"—I said, "What porter?"—he said, 'Their porter"—I said, "It cannot be, I am the only porter, and if you
cannot give me the goods, I shall fetch the traveller who left them"—I did not get them.
JOHN GRAHAM . I am one of the firm of Simons and Graham—in conesquence of what Ladd said to me, I went, on 19th August, to 4, Great Carter-Lane, and while I was there Cooper looked in at the door, and on seeing me, turned and went away—I followed him, stopped him in the street, and said, "What have you made of those samples left at your place?"—he said, "They have been sent back by some one who called for them"—I said, "Did the man represent where he came from?"—he said, "No"—I said, "Do you give away your own goods on such representations?"—he said that sometimes he did—we walked to St. Paul's-churchyard, and while there I took the advice of a policeman whether I should take him to the station—he called Mr. Davis, who was under the doorway at the booksellers shop—I took him along to the station, and Mr. Davis there preferred a charge against some person unknown, who had taken our goods away, and Cooper gave a description of him—I then took out a summons against Davis for detaining the goods—he did not appear to it, and I took out another—he appeared upon that occasion, but I was from home when the charge was made—we have not had the samples returned—I called again at the office, and found a man in possession on the same afternoon—I found in the office a number of files like an ordinary shipping office, one marked "Paris," another "Marseilles,"another" Bills of lading"—I got permission from the man in charge to lift up the files, and found bits of paper on them which did not refer to what was outside—I do not know that there were any blank papers, but there were several books, which I opened, and they were blank paper—some seemed new and some had been knocked about—one book had the name of Montagna on the first page—I found no business entries in the books—some trashy sort of jewellery was lying about, and samples of straw hats, but very trifling stock—I have since seen the books and papers in the hands of the officer Hann.
Cross-examined by MR. RIBTON. Q. All of them? A. I do not know, because I did not count them.
Cross-examined by MR. WILLIAMS. Q. Did you take out the summons against Davis? A. Yes; not against Cooper.
ALBERT EDWARD BLACKMORE FULLINGER . I am a builder and painter of 12, Great Carter-lane—I know Davis—I first saw him when he first came there—I wrote up the name for him—I said that when we did writing for strangers we always made a point of having ready money directly the job was done—he said, "Very well"—while I was out he gave some orders to my father, and I fitted up a desk to the amount of 2l. 11s.—I applied for the money several times, but never got it—once when I went for the money he said that I had not finished the work, and would I put up a brass rod for the ledgers—my father refused to do that—Davis then said that if I would stipple the windows so that people could not see, he would pay me—I did that and asked for the money, but have not been paid for anything.
ELLEN WARDEY . I am the wife of Charles Wardey, and am housekeeper at 4, Great Carter-lane—I remember the office being taken in the name of Montagna and Co.—I saw Davis about a fortnight after that, and Cooper came six or seven weeks back—my wages at the commencement were 2s. 3d. a week and 2s. a week afterwards—I was paid by Mr. Montagna the first fortnight, and Davis paid me 13s. 6d just before Mr. Montagna went away—I have repeatedly applied for the amount; it is 1l. 3s. 6d.
Cross-examined by MR. RIBTON. Q. How long was Davis there before
Montagna left? A. Davis was there all the time—Montagna was there before I went there—he came four or five months back—it might be in April—he bad been there about a fortnight when Davis came—I have seen and spoken to Montagna—he is a very agreeable man—he paid me up to the time he left, except 18s. 6d., which was owing.
Cross-examined by MR. WILLIAMS. Q. Did Cooper come to Davis about a fortnight before he was given in custody? A. More than that—I think he was there about six weeks altogether—Mr. Montagna engaged me.
Cross-examined by MR. RIBTON. Q. While Montaga was there, had you orders from him? A. Yes, and afterwards from Mr. Davis.
JAMES HANN (City-policeman). I received these books and papers from Mr. May—there are no business entries in any of them, but here is something in this one—here are some answers to some of these letters on these files—I found no entries of sales showing where goods bad gone to.
Cross-examined by MR. RIBTON. Q. Have you read all those letters over? A. No; but a great part of them have been read over aloud in my presence—I cannot read them, as a great part of them are in French—all the books I found are here—I got the two large ones from Mr. May—he had seized them.
MR. METCALFE. Q. Did you find any bills of lading? A. No.
COOPER— GUILTY .— Confined Twelve Months.
DAVIS— GUILTY .— Confined Nine Months.
THIRD COURT.—Thursday, September 22d, 1864.
Before Robert Malcolm Kerr, Esq.
MR. DALEY conducted the Prosecution, and MR. MONTAGUE WILLIAMS the Defence.
JAMES AMEY . I am barman to Henry Waller, a licensed victualler, of 36, Goodge-street—on Tuesday, 16th August, about mid-day, the prisoner came to my master's house—I had seen him occasionally before, as a customer—he had three pennyworth of brandy, and then he asked me to cash this cheque (produced)—I asked him if he would put his name on the back of it—he said, "My name is Escott; I live up the street, at No. 91"—he then wrote the name of Escott on it in my presence—I believed the statement he made at the time, that he lived at 91—I went to my employer and asked him if I should cash it—he asked me if I knew him—I said, "Yes;" and then he told me to give him the money, which I did.
Cross-examined. Q. Did you get the money from your master? A. No; I got his permission to cash the cheque—he asked me if I knew the man—I said he had been in occasionally, and that he lived at 91, Charlotte-street—my master is not hero—he gave me the keys to get the money out.
JOHN EDWARD LOW . I am a clerk in the bank of Seale, Low, and Co., 7, Leicester-square—no person named Phillips has an account at our bank—the prisoner had an account at our bank; but I can only tell by the signature—the signature on this cheque is the writing of the same person who had an account with us some years ago—it is drawn in favour of George Arthur, and signed "Phillips and Co."—my impression is, that the name written in the body of the cheque is in the same handwriting as the person who had an account at our bank.
Cross-examined. Q. You had a copy of Mr. George Arthur's signature in your book. A. Yes—I have the book here—I did not know that the prisoner kept a betting list in the name of Escott.
Cross-examined. Q. Has not the prisoner been in the habit of coming there and transacting business? A. Occasionally—Mr. Richards is an auctioneer, and the prisoner has called in to see what sales we have had, and attended sales.
MR. DALEY. Q. Did you ever know him by any other name than Arthur? A. On his betting-book was "G. Escott."
ABEL DICKINS (Policeman, A 306). I took the prisoner into custody, and told him the charge—I said he must consider himself in custody, and come with me—I took him by the arm—he begged I would not hold him, and said he would go quietly, which be did—he made no reply to the charge—at the station, he said, "Although I have lost the money, I am willing to settle with the parties."
The prisoner received a good character.
— GUILTY on the Second Count — Five Years' Penal Servitude.—There were three other indictments against the prisoner.
MR. COOKE conducted the Prosecution, and MR. DALEY the Defence.
MARIAN HEATH . I am the wife of John Heath, and reside at 62, Barnsbury-road, Islington—on 7th September, I was going along Old Change, and my dress caught in a packing-case—I had my portmonnaie and watch in my hand, and as I was extricating my dress with my umbrella, the prisoner caught hold of me, and took the purse and watch from me—I caught bold of his hand, and he dropped the things on the pavement—a gentleman then caught hold of him and gave him in charge—this is my watch and portmonnaie (produced)—my chain did not catch in the packing-case—it was a short one, attached from my brooch to the watch.
Cross-examined. Q. Where was your watch at the time? A. In my hand, inside the elastic of the purse—I held them in my hand to protect them, as I was travelling—I had seen the prisoner for some time in the street, and another boy with him—he had followed me for some distance—as I turned the Old Change he went in front of me, and when he saw my dress catch he came back to me, and caught hold of my hand—the chain of the watch broke, and he took the watch and the purse—I did not see the gentleman before he took hold of the prisoner—he said, "This boy has stolen your watch," and he gave the boy in charge—that was after the watch fell—I don't know where the gentleman is—he was not examined before the Magistrate—I had never seen him before, nor have I seen him since—I believe he is a clerk in the City.
ALEXANDER PARSONS (City-policeman, 329). On 7th September, I was on duty in St. Paul's Churchyard, and was called by a young man, who said there was a pickpocket in Paternoster-row—I ran there, and saw the prisoner, and two gentlemen, one on each side of him—they said, "This lad has picked the lady's pocket of her watch and purse"—the lady then gave him into custody—he was searched at the station, and a pocket-knife and an old comb was all I found on him—he gave me an address, which I found correct—I saw his father and mother there.
Cross-examined, Q. Did you ever say before that one of the gentlemen
said that ✗e prisoner bad picked the lady's pocket? A. I might not; but that was said—it might be I did not think of it—the prisoner heard that said—I did not know either of the gentlemen—they were strangers to me—I did not ask them for their names and addresses; I had not time—I took the prisoner off directly, as there was such a crowd there.
The prisoner's statement before the Magistrate;—"As the lady turned round, the chain caught the other side of the box, and the watch was pulled out of her pocket; she turned round, caught hold of me, and said, 'You have got my purse,' and hit me in the mouth with her umbrella."
NOT GUILTY .
MR. PATER conducted the Prosecution.
ANN CALLIODAN . I am a servant at the Trafalgar Hotel, Spring-gardens—Ryan was a servant there—one day in August I was in a bedroom with her, and she asked me to lace her stays—I could only lace them half-way down, because she had a linen sheet with a narrow hem tied round her waist—I asked her what it was, and she told me it was her nightgown—I know the hotel sheets—it was one of them—it corresponded with the others in the establishment—I heard some sheets were missing, about a week or a fortnight afterwards.
Ryan. You laced my stays down to the very bottom, and the staylace broke several times.
Witness. No, it did not—it was a whole linen sheet.
ELIZABETH CAMDEN . I am head chambermaid at the Trafalgar Hotel, kept by Mr. Isaac Churchyard Dowsing—Ryan was the second laundry-maid there—I have all the linen under my charge—on 20th August I counted the calico sheets, and missed one—I spoke to Ryan about the loss—she did not make any answer then; she said it would be found—on 29th, I counted them again, and missed two calico sheets, two linen sheets, and one towel, marked "72"—I spoke to Ryan about it, and she said that she would try and find Maria Gratton, that she was gone to lodge with a friend of hers, Mrs. Honour, and they had removed their lodgings—I said if she went out, I should go too, to find the sheets, as I had to make them good if I lost them—I afterwards received a letter—I identify these portions of sheets (produced) as the property of Mr. Dowsing.
COURT. Q. How can you say that? A. This is one piece—I know it by the hem and selvage, and the material—this is also one of the sheets, but the mark is taken off—this piece I cannot speak to—on this little piece is "I. A. D. Trafalgar Hotel," it was found in the room with this piece—it is the same quality of stuff—it has been cut off the other end of the sheet—the sheets are all cut up.
ANN FRANKLIN . I lived at 4, Barton-terrace, New-cross, when the prisoners were taken—that is Mrs. Honour's house—I am single, and was in the service of Mr. Dowsing—I left nine weeks ago yesterday—a week after I had been at Mrs. Honour's Gratton came—I saw her bring some sheets down stairs and cut them up into shifts—on a Tuesday in August I picked up this piece of cotton with "I. A. D., Trafalgar Hotel" on it—I saw it cut off the sheet—I said it was the Trafalgar Hotel's property, and Mrs. Honour took it from me, and put it behind the teaboard.
Gratton I can swear she never saw me cut anything up.
JOHN BICKEL (Policeman, R 55) . On 2d September I went to 4, ✗ terrace, New-cross, and searched the house—I first searched Gratton's box, and found these pieces of sheeting and some other pieces of linen—down stairs in the front parlour, in Honour's box, I found these pieces—the prisoners were all present, and Ann Frauklin said, "Where is that name and address?"—Honour said, "I will get it for you," and I saw her take this piece from behind the table—when I found the sheeting in Gratton's box she said she did not know how it came there—some one must have put it there, and Honour made the same remark; they accused each other of putting it in their boxes—I showed Mr. Dowsing this property in the presence of Ryan—he asked her how she accounted for it, and she said she gave Mrs. Honour half a sheet, which she had found stowed away in a cupboard in the laundry, and she thought she had a right to do so, as it was no use—Honour said to Ryan, "If you rob your employer you must expect all you get."
NOT GUILTY .
Before Mr. Recorder.
MR. LILLEY conducted the Prosecution, and MR. COOPER the Defence.
CHARLES MORGAN . I am landlord of the house in Victoria-dock-road, of which John Calaz occupies the shop and back parlour—it is in the parish of West Ham—it is my dwelling-house—I sleep there—I did so on the night of 2d July.
JOHN CALAZ . I occupy the shop and back parlour in the house of Charles Morgan—on Saturday night, on concluding business, I shut up the shop, safely, and left it secure—I returned to it about 9 in the morning and found the shutters out of place, and I could see from the outside that all the goods were gone—I called a policeman, and he went in with me—I missed coats, trousers, hats, stockings, flannels, shirts, and everything to the value of about 106l.—this (produced) is a portion of it—I saw these on the following Saturday—these are my property and a very small portion of whit I lost.
Cross-examined. Q. What do you know them by; are there any private marks? A. No, but the man who made these trousers can swear to them—he is not here; he can be here, he was at Worship-street—(the witness was sent for).
MR. LILLET. Q. Had you goods of that description? A. Yes; I know them to be my goods—there is no particular mark.
Cross-examined. Q. I suppose you make hundreds of pairs in a year? A. Not hundreds—I know my own make—I sewed these myself—I am positive I sold them to Mr. Calaz.
about 200 yards from Petticoat-lane—I saw the prisoner there—he had these seven pairs of trousers—he was standing leaning against a wall—I went and asked what he had in his bundle—he said, "I don't know"—I said, "Where did you get them from?"—he said, "They are not mine"—I said, "How did you come by them?"—he said, "A Jew gave them to me to mind for him, and he said he should be back again in a few minutes"—I said, "It is very curious he should give them to you to mind; do you know him?"—he said, "No"—I waited a few minutes; no one came, and I took the prisoner to the station—on the way he wanted to get away and leave me with the trousers, while he went to find the Jew—he gave the name of Samuel Jones.
Cross-examined. Q. Don't you know that that is the maiden name of his mother? A. I do not—I have no doubt a good many stolen things are to be found in Petticoat-lane—business generally commences about 9 o'clock—it is six or seven miles from the prosecutor's house.
JOSEPH BRIGG . I am waiter at the Walmer Castle, which is about 300 or 400 yards from Mr. Morgan's house—I know the prisoner—on 2d July I saw him at the Walmer Castle—he came in in the middle of the afternoon and stopped there till about half-past 11 at night; he was in company with other men—I am sure it was him—I had seen him in the house several times.
Cross-examined. Q. He was a customer there? A. Yes; I know this was on 2d July, because it was just after Fairlop fair—Mr. Collins the policeman rode up to the door and asked who was in there, and I said there was Dan Gilson and three or four—I did not know the other men—I had never seen them there before that I know of.
GUILTY of receiving. —The prisoner pleaded guilty to a further charge of having been before convicted at Chelmsford, in October, 1862. **
Seven Years' Penal Servitude.
CHARLES EASTLIN . I am assistant to Mr. John Hatcher, linendraper of Stratford-row—on 15th last month, I missed a piece of cotton print from a chair in front of our door—I saw the prisoner outside with two other females before that, for about an hour in the afternoon—after I missed the piece I followed them up to High-street, saw a constable, told him of the circumstance, and he went and charged the prisoner—she then had this bundle, containing the 53 yards of cotton print, the piece which I missed.
Prisoner. Q. Did you see me with it when I left the shop? A. I did not, not till I had followed you some distance—you had it wrapped up in that apron.
WILLIAM VANE (Policemant K 89). From information I received from the last witness, I went after the prisoner, stopped her, and asked her what she had got in a bundle which she had in front her—she said it was work she was going to take home—I asked her to let me see it, and the last witness identified it as his master's property.
CHARLES EASTLIN (re-examined). The prisoner was alone when I gave her into custody, the others had left her—I am certain she is one of the three I saw in the street before I missed the goods)—it was in consequence of that that I followed her.
Prisoner's Defence. I met two young women who asked me if I knew where Hanger-lane was. I said, "No." I left them, and met a woman who asked mo to carry this bundle for her, saying it was some work she was
about taking home. I did not refuse as I was going towards London, and as I was carrying it the policeman stopped me and took it from me. He asked me what it was; I said it was work. I looked round for the woman and she was gone. I did not know the other two girls at all.
GUILTY.— Judgment Respited.
Before Mr. Recorder.
MESSRS. GIFFARD and BEASLEY conducted the Prosecution.
ROBERT STUART (Policeman, A 499). About half-past 7 on the evening of 21st August, I was on duty in the Commercial Docks—there was a fight at the corner of Grove-street, and there were between 200 and 300 people collected—I saw the prisoner there—he was stripped all but his trousers and fighting with another man—I begged of him to desist and go home quietly, and he directly showed fight to me—I told him it was no use to go on in that manner, he had better go home quietly—he refused to do so, and I took him into custody—as I took him he gave me a violent kick in the groin—he had his boots on—he then got hold of me, and threw me about—he tried to bite me, and tore at my face for about ten minutes till I got assistance—he kicked me, and bit me several times, and bit at me in the thigh—I was standing up at the time he kicked me in the groin—with the assistance of two constables he was taken to the station—I was not able to go—I was taken across the Victualling-yard and taken home in a cab—I have not done duty since—I have been under the care of a doctor, and am suffering now.
SAMUEL TILLEY . I am a surgeon, and was called to see the last witness—he was in a very exhausted condition, and complained of considerable pain in the perin✗um, commonly called the fork of the body—I found tenderness and swelling there, and applied leeches—he is not fit for duty at present—I think he will be fit for duty again—he may possibly suffer a little inconvenience, but it is porbable he will not.
Prisoner's Defence. I was never in the hands of the law before. I should not this time, but I had bad something to drink. I hope it will never happen again.
GUILTY .— Confined Six Months.
901. BARTHOLOMEW FLYNN (22), PATRICK FLYNN (30), and THOMAS NAGLE (25) , Unlawfully and maliciously wounding Alfred Arrenberg also assaulting George Osborne, a constable, in the execution of his duty.
MR. POLAND conducted the Prosecution.
ALFRED ARRENBERG . I am a ticket inspector in the service of the South-Eastern Railway, stationed at Deptford—on Sunday evening, 28th August, about half-past 11, I was on duty at the station, on the Greenwich Railway—I was in uniform—while I was there the three prisoners came to the platform—Nagle asked me for the next train to London—I told him the last train had gone, but if he proceeded to the New-cross station, he might catch the last train there—he then produced a third-class return ticket and asked me if it would do for to-morrow—I said, "No, return tickets are not available on this line"—he then began to use most offensive language, and they all began to be very violent—they were then on the top of the landing—I called to the police-constable to remove them, and he came—one of the Flynns laid
bold of the banisters, and would not go down the stairs—Nagle put his foot out to kick me down stairs, but I was too far off—we at last managed to get them down to the bottom—Osborne, the officer, was in uniform—I then said if they would go away peaceably we would not lock them up—Bartholomew Flynn came to me, "You intend to lock my brother up?"—I said, "No such thing, if you will go away peaceably, we don't wish to have anything to do with you"—they then became more violent, and would not go away—Bartholomew Flynn came to me again, and said I wanted to lock his brother up, and he caught hold of roe by the shoulders and neck, and tried to throw me down—I struggled with him about a minute and a half, and then he caught me up and threw me down on the foot pavement on my head, and threw himself on me—I called for help, and then lost my senses for about a minute—when I came to, I found some one holding me under the arms and stanching the blood from my nice—I was bleeding very much from a out on the forehead and nose—after that all the prisoners were taken to the police-station—Mr. Mitchell, a surgeon, saw me the following morning, and Mr. Taylor has seen me since—I have not been able to return to my duty, my head is so bad—I was vomiting blood up to 5 o'clock the next morning—the prisoners were neither drunk or sober; they had been drinking.
Bartholomew Flynn. Q. Did I strike you on the stairs or platform? A. No; you did nothing to me on the stairs—I did not say at the police-court that you knocked me down—I did not attempt to throw you—I followed you down the stairs, because it was my duty to see that you left the station.
Patrick Flynn. Q. What have you to say to me? A. Only that I saw you with the others.
Nagle. Q. What did you see me doing? A. You stood with your hand on the banisters, and refused to leave the station, and on my passing you to go down stairs, you put your foot out to kick me down, but missed me—I saw you afterwards down on the pavement.
GEORGE OSBORNE (Policeman, R 188). I was on duty on Sunday night, 28th August, at the Deptford station, and saw the prisoners there—Mr. Arrenberg called me; he was in the lobby, just off the platform—when I got to the door Nagle had a ticket in his hand, and he said, "Will this ticket do for tomorrow?—Arrenberg said, "No, but if you go to New Cross you will very likely get a train there"—he said, "You be b——"and made use of very beastly language—Arrenberg said, "I will not have such language here; you had better leave the station"—Patrick Flynn then made use of very beastly language, and I ejected them down the stairs; they used me very violently—Nagle tried to bite my hand—after we got them down the stairs, Arrenberg said, "Let them go, if they will go peaceably"—they would not go, and again made use of bad language—I got hold of Nagle, and the other two tried to get him away from me—each of the Flynns pushed me—when I got through the railway-arch, Arrenberg came towards me, and Bartholomew Flynn caught hold of him, and after a little struggle, they went down on the ground—he throw Arrenberg very violently on his face, and said, "1 have got you down now, you b——"—I then left Nagle, and caught hold of Bartholomew Flynn, and pulled him off—Arrenberg was bleeding very much—I took Bartholomew Flynn to the station—other assistance arrived, and the other two prisoners were taken—they were considerably the worse for drink—Nagle was the worst—I told them to go from the station several times, but they would not.
Bartholomew Flynn. Q. Did I do anything to you? A. You struggled with me all the way down the stairs—I saw you throw Arrenberg down after you got down stairs, through the railway-arch.
Nagle. Q. Did you see me biting Mr. Arrenberg? A. You attempted to bite me on the stairs—you did nothing more when you came down except struggle with me.
ROBERT NATHANIEL MITCHELL . I am a surgeon at New Cross—on Monday, 29th August, I saw Arrenberg—he was suffering from the contused and swollen state of his face—there were some flesh wounds on the forehead—his right eye was so swollen he could not see out of it—he had received very considerable injuries, and had vomited more than a pint of blood, which I should think he had swallowed from the nose—I saw him twice that day, and the next morning—he was afterwards attended by his own surgeon, Mr. Taylor.
FRANCIS THOMAS TAYLOR . I am a surgeon living in the High-street, Deptford—I have attended Arrenberg up to the present time—I found he was considerably injured—he was delirious for several nights afterwards—he is not able attend to attend to his duty up to the present time—it may be a week or two before he is fit for duty again—it will depend upon circumstances together, and heard my brother say "Let go of me" several times, and then they both came to the ground together.
Nagle's Defence. When this occurrence took place, I walked down the stairs quite peaceably. The Flynns were in the struggle, and I kept away. The constable laid hold of me. I asked him what he took me for, and be let me go again directly. I went down to the station with the others, and was taken there.
BARTHOLOMEW FLYNN.— GUILTY of unlawfully wounding Arrenberg and assaulting Osborne. — Confined Twelve Months.
PATRICK FLYNN and
NAGLE.— GUILTY of assaulting Osborne. — Confined Three Months each .
Five Years' Penal Servitude.
Before Robert Malcolm Kerr, Esq.
903. WILLIAM BARTHOLOMEW (19) , Stealing 4 pairs of socks, 4 shirts, and 4 handkerchiefs, of John Kettle Paine, and another, his; masters, and JAMES WALKER (54), WILLIAM WALKER (20), and MARTHA WALKER (44) , Feloniously receiving the same.
MR. WILL conducted the Prosecution, and MR. DALEY defended Bartholomew.
JOHN KETTLE PAINE . I am in partnership with Mr. Weekes, of 128, High-street,. Walworth, as shoe-dealers and drapers—the shoe-shop adjoins the drapery department, bat is separate from it—the prisoner Bartholomew came into my service on the 9th June, as a porter and assistant in the boot shop—prior to 26th August I had been absent from town about four or five days—I returned on 26th—my brother stated to me his suspicions that some boots had been stolen, and I gave Bartholomew into custody—before that) I had called him, and told him I had lost some boots.
M. DALEY. Q. Before he said anything, did you say to him, "I do not wish to punish you, but wish you to confess if you have taken them?" A. Yes; I did not say I would forgive him if he would confess—I said nothing about forgiving him.
MR. WILL. Q. Did he deny taking the boots? A. Yes—these boots (produced) have been a portion of our stock; I believe all of them have—there is the trade-mark of the manufacturers on them, Walker and Kemp—we do a large trade with them, and they confine this mark to the places round our neighbourhood—there is nothing besides that mark by which I can say they are mine—there is no mark of my own on them, because they are taken from our reserve-stock—I am able to identify this small pair, because they are slightly damaged—they vary in price from 2s. 11d. to 7s. 11d.—we have taken stock of these and better ones, and we are nineteen pairs deficient since 19th July.
SAMUEL LING (Policeman, R 159). From information I received, I apprehended Bartholomew on the night of 27th August, at the prosecutor's house—I told him he was charged with stealing a quantity of goods, the property of his master—from him I got the address of William Walker, and on the following morning, the 28th, I went to Richmond-place, saw William Walker, told him I was a police-constable, and asked him if he knew Bartholomew—he said, "I do, by sight"—I said that I had Bartholomew in custody for robbing his master of a quantity of boots—he said, "I know nothing about it"—I afterwards asked him if he had any objection to let me look in his box—he said, "No"—he took me into a bedroom—I looked in his box, and found nothing—I asked him where he got the boots he had given to his sister—he said he had not given her any, or bought any, or had any from Mr. Paine's shop—I then took him to the station on a charge of receiving boots from Bartholomew—he said he knew nothing at all about it—the same afternoon I went to the Roebuck public-house at Lewisham, and saw his sister—I asked her to show me the boots her brother had made her a present of—I was in plain clothes—I told her I was a constable—she then produced this pair of boots, stating that he had made her a present of them on 10th August—they bear the shop-mark of the manufacturer—I took Martha Walker into custody at Smith's-rents, East Greenwich, on a charge of receiving goods from her son, knowing them to have been stolen—she said, "My child, I have not had any boots from him"—at the police-station she said she had received five pairs of boots from him within the last live weeks, but she did not know that they were stolen—about half
an hour afterwards I went into the Old Walworth-road, and found James Walker in a shop—I told him I should charge him with receiving a pair of boots from his son, knowing them to have been stolen—he said he knew where he got the boots from; that he bought them for his little girl, but they misfitted—neither of the Walkers have kept a shop at Woolwich to my knowledge—I have been in Woolwich three years—they have never kept a shop there in that time—I received these two pairs of boots from Fox a witness, and this pair from the sister; these from Mrs. Bartlett, of 16, Chester-street; these from a person named Kitson, living near Chester-street, and this pair from Mr. Carter's, who keeps a pawn-shop in Bear-lane—they were sent by a witness in Court—the other constable will speak to these other three pair.
WILLIAM ANDERSON (Policeman, R 263). On Monday, 5th September, I was present with Ling when be apprehended James Walker—on Saturday, the 3d September, I got a small pair of boots from a person named Skinner, and took them to James Walker's house, and asked him if he had sold a pair of boots to Skinner—he said, "The postman?"—I said, "Yes"—he said, "Yes, a pair of old bluchers"—I said, "No, these are the boots"—he then said, "I never sold them"—he afterwards said, "I may have sold them, but if I did they are my own make, and the remains of what I had from my little shop at Charlton—I believe he has never kept a shop at Charlton—on Friday morning, 2d September I received these other boots from Mrs. Evans.
James Walker. When he asked me about the boots I had sold them two months, and did not give it a thought—I thought they were worn out.
HENRY THOMAS CREEDS . I am a labourer, and live in the Gardens at Woolwich—I know William Walker; he lodged with me at my father's house about five or six months—I saw him with a pair of new boots; he did not tell me where he had got them—he said he had bought them for his sister—on the Sunday following that I saw him in Church-street with another pair of boots; they were new boots, and were tied up in a white handkerchief—I noticed the trade-mark on the first pair I saw—there is the same trade-mark on these produced—on Saturday, 20th August, I saw him with two more pairs of new boots; they were tied up in a brown paper parcel; that was at the Mitre public-house in Woolwich—I could see what was inside the parcel; one of the heels had broken through the brown paper—I did not see the trade-mark on those—I know Mr. Paine's shop; I have seen William Walker near there pretty well every night—I have been with him; he has been talking to Bartholomew at the shop-door, when they have been shutting up in the evening, several times—I believe they are on intimate terms—Bartholomew has slept at the lodging where I and William Walker lived more than once.
William Walker. Q. How do you know the boots in the brown paper parcel were new boots? A. I could see the heel—I could see there were two pairs from the size of the parcel.
MARY ANN WEBSTER . I am the wife of Thomas Webster, and live in East Greenwich—my husband is a sick attendant in Woolwich hospital—I have known William Walker from a child—I met him on the last Saturday in July, and he said, "Mrs. Webster, would you mind pledging a pair of boots for me?"—I said, "No, William," and I did so—I gave him the money, and he said, "You may keep the ticket for your trouble"—I pledged them at Mr. Carter's, in East Greenwich—the boots were too small for me, and I afterwards gave the ticket to Mrs. Kitson—when he gave me the
boots I said, "What name shall I pledge them in?" and he said, "You can pledge them in your own if you like," and I did so—I never knew any harm of him—I could not swear to the hoots.
MARGARET KITSON . I am the wife of John Kitson, a labourer, and live at East Greenwich—the last witness gave me a pawn-ticket for a pair of boots pawned at Mr. Carter's, Bear-lane, East Greenwich—I redeemed them and sent them back on 2d August; they were two small for me—I have known Mrs. Walker for the last three months—I have seen her with nine pairs of boots altogether, at different times—that is about nine or ten weeks ago—I sold some of them—these two pairs I sold to Mrs. Evans—this pair I sold to my sister-in-law for her little girl—I sold one pair to Mrs. Bartlett, of Cheater-street—Mrs. Walker told me her son was in a boot-club in Woolwich, and they had them out of the boot-club.
JOHN FOX . I am a labourer, living at 5, Chester-street, East Greenwich—about six or seven weeks ago Mrs. Kitson brought a pair of new boots for sale to my shop—I did not buy them—I know Mrs. Walker; she brought me two pairs of new boots—I gave her 4s. for one pair and 4s. 6d. for the other—she said, "We have been keeping a small shop in Woolwich, and unfortunately we have had the brokers put in, and these are some boots I got out of the shop before the brokers had possession of the place—I believe these are the two pairs—I afterwards gave them up to the policeman.
JOHN SKINNER . I live in North Trafalgar-road, Greenwich, and am a letter-carrier and wardrobe-dealer—six or seven weeks ago last Saturday evening I bought this pair of child's boots from James Walker—he told me he kept a shop in Portsmouth, and that going on in a rough way he had to leave it, and that was a pair remaining from the stock—I paid him 2s. for them—I afterwards met him, and said, "How about those boots? I can't make it out"—and he then said, "They were made a present to my little girl, and they misfitted, and you must say the same."
James Walker. I never mentioned a word to him about keeping a shop at Portsmouth; it is a lie.
GEORGE SPENCER MYNN . I am shopman to the prosecutor—since the committal of Bartholomew, one of our boys, in cleaning up, found this parcel in a place which the prisoner used—it was in a corner under some paper; no other person had any business there but Bartholomew—it contains three pairs of boots, which are my master's property—they bear the same trademark as these produced—I have gone through our stock of boots, and find nineteen pairs missing.
Cross-examined. Q. Where do you say the boots were kept? A. In the front warehouse—there are nine or ten men in my master's employ; they would have access to this place—I am a salesman in the hosiery department.
The prisoners' statements before the Magistrate:—William Walker says, "I know nothing about it; I bought the boots, but not of Bartholomew." James Walker says, "They are my own boots." Margaret Walker says, "I received them from my son, who is a member of a boot-club at Woolwich."
James Walker called HARRIET BARTHOLOMEW. My husband is the prisoner's brother—I have a pair of boots on now which I bought at the shop where William Bartholomew was living—I bought several pairs there.
James Walker's Defence. I bought them for 2s. 11d. They misfitted, and I gold them for 2s. I have fought for my land and my pension. I have four good-conduct stripes on my arm, one for every five years, and is it
likely that I should sacrifice my home and my family for the sake of 2s. 11d.? I consider I am wrongly punished by being here.
William Walker's Defence. I bought the boots of a shoemaker, who said he bought them at Mr. Panic's shop to sell again.
Margaret Walkers Defence. My son came over from Greenwich, and said he had got the boots from a club. I did not know I was doing wrong in selling them for him.
BARTHOLOMEW GUILTY .— Confined Twelve Months.
WILLIAM WALKER GUILTY .— Five Years' Penal Servitude.
JAMES and MARGARET WALKEK.
NOT GUILTY .
MR. COLERIDGE conducted the Prosecution.
GEORGE SAINT . I shall be twelve years old next March—I live with my parents at 30, Bellige-street, Greenwich—I have known the prisoner about a year; he is a bootmaker—I do not know where he lives, but he works near there—on Thursday evening, 16th August, I was going through Deptford-broadway, and met the prisoner—he said, "Will you go and get me half an ounce of tobacco in that shop, and I will give you a halfpenny?"—he gave me a shilling—I went to Mr. Ashby's shop, put the shilling on the counter, and Mrs. Ashby gave me the tobacco, and then took it away again and gave me back the shilling—I went out with Mr. Ashby, but the prisoner was gone—Mr. Ashby kept the shilling—the next day I picked out the prisoner at the station from other people—I had known him for a year before, and have no doubt about him.
SARAH ASHBY . I keep a tobacconist's shop at Deptford-bridge—on Tuesday, evening, 16th August, the little boy came, and I served him with some tobacco—he put down a bad shilling—I called my husband, who went out with the boy—my husband marked the shilling, and gave it to the constable the same evening.
JAMES MARGETSON (Policeman, R 122). On Tuesday night, 16th August, I was on duty on Deptford-bridge, near Mr. Ashby's shop, and saw the prisoner pass within six or seven yards of the shop, going towards the Broadway—I had known him for three or four years—shortly afterwards Mr. Ashby came across with the boy Saint—I took the prisoner next day at Blackheath-hill, as he was going into a pawnbroker's shop to pawn his coat—I said, "Charley, I want to speak to you; you were at Deptford last night"—he said, "No, I was not"—I said, "What about that bad shilling you gave the little boy to go into the shop with?—he said, "I was not there, I was at Jem Cross's"—that is about 150 yards from the shop where the boy went in—I took him to the station, placed him with five or six other prisoners, and the boy picked him out.
Prisoner. Q. I was put between two policemen in disguise, and did not you tap him on the shoulder, and ask him if I was not the person? A. No—there was a policeman in plain clothes when Mrs. Ashby picked you out—some were men and some boys; they all stood in a row, five or six of them.
GUILTY .— Confined Twelve Months.
Before Mr. Justice Shee.
MR. DALEY conducted the Prosecution.
CHARLES JONES . I live at 3, Ann-street, Plumstead, and am a labourer in the Royal Arsenal—the prisoner was a lodger in my house previous to 9th August—he left on August 10th, with his wife and children—his wife went away about 3 o'clock in the afternoon, with his family and a bundle—he took his furniture away with him—he had a bedstead, some shaving mattresses, five chairs, and two tables—he left them behind him—he came back in the fore part of the evening, and said to me, "Do you know that I can shake hands with a man at night, and he shall be a corpse in the morning?"—that was about 8 o'clock—he had had a little drop of drink, but was not anything out of the way—he came again at half-past 11; he was then a little worse—his own mattresses were off of each other, and I made them up in one corner of the room as a bed for him—I then went to bed on the ground floor, and after I had been in bed some time I heard him walking about—he then walked down stairs, and went out at the back door—I then heard a crackling and snapping—I was in bed with my wife, who was asleep—I went up stairs, and found the prisoner's room full of smoke, and the partition wall on fire—the mattresses were shifted, and there was a hole where he had put his hand in and pulled the shavings out—the lath and plaster partition was burning, but not the mattress—the hole was in the middle of the partition at the bottom, and just at the top of the skirting board—some shavings were on fire close to the hole—he had made a hole and shoved shavings in and set fire to them—the partition is standing now, but it has been repaired—When I went up the shavings in the hole were not all burnt; there were a few bits there still, and the remainder was partly burnt—the partition divides the front and back rooms—I sent to the Arsenal for the fire engine—when I left the prisoner he had half an inch of candle in a candlestick.
Prisoner. Q. Do you know of any motive I could have had? A. No—you moved into my house by the back-way, and went oat at the back-way also on the night of the fire—you made the house a regular thoroughfare, but it has been closed ever since—I was perfectly sober—my son came home about 11 o'clock—I had been to sleep before you came home—I went to bed about 11; we all went to bed together—on the Saturday before the fire the brokers were in my house for rent—the house was in good condition—the fire was about five feet high—the fireman is not here, but Mr. Fisher is, who examined the whole—there was a good handful of shavings—I did not weigh them—part of them were against the partition wall, and the candlestick was shifted close to the wall—I had told you to let it remain on the hob—I had not my clothes on—there was nothing in the room but the mattresses and the candlestick—you told me to leave the candle there, and I told you to put it out—there was a fastening to the window—I was awake all the time you were in the house—I heard no other noise besides you walking about, and no crackling till after you went down stairs, and when I listened for your return I heard the crackling, went up, pushed the door open, wd the room was full of smoke, and the partition on fire—I said nothing at the Woolwich Court about your wife quarrelling with my wife—I go to work at the Arsenal at 6 in the morning, and come out at 6 at night—my son ought to know something about it—I did not keep him back at Woolwich—he came up in case he should be called.
JURY. Q. Did you clear it away that day? A. No—his furniture was there—it was not insured that I know of—I put the fire out.
MR. DALEY. Q. Was your furniture insured? A. No—I do not know the value of the prisoner's furniture, although it was sold—the wife took it by paying me 3s. for three weeks, instead of 9s.—I do not know what she made of them—they had entered into the third week, so that I could claim three weeks' rent.
COURT. Q. What rent was due at the time of the fire? A. None at all—if he had taken the things away the next morning I should have had no objection—there was no hole in the partition before; the fire had burnt it so much that I cannot say what the size of it was.
Prisoner. Q. How was it that your son did not sleep in his own room that night? A. Because you came home in the evening and said that you would cut his b——throat—I know of no motive that you could have had—there is a passage half-way through the house which comes into a little back room—if there had been any fire made I should have heard it, became it was directly over my head.
JURY. Q. Did you and the prisoner have any altercation before the fire took place? A. No; I never saw him before the Monday before, when he came into my house—I never had a word with the man, but he said, "If I catch hold of your son I will cut his b——throat"—that was the first of the conversation—he was standing in my room, and I and my mistress were sitting by the fire.
HENRY JONES . I am a labourer—I work at present at a public-house in Plumstead—on 9th August, about half-past 11, my father called me by a loud cry of "Fire"—I got up, and saw flames—I fetched a bucket of water, and kept laying it on till it was out.
Prisoner. Q. Did you sleep in the room? A. No, but I have slept there—the paper was not loose; it was all perfect—there was no possible means for it to catch fire accidentally—I noticed some shavings on Tuesday night—they were all disturbed from the mattress—there was about a handful of them or rather more—they were put in above the wainscot board—I went home at 11 o'clock, and went to bed at about twenty minutes past—the hole was one which a mail could get his double hand in—I heard no noise; I was fast asleep—I only went with my father once to Woolwich Court—I did not give evidence, because I was not called; I went in case I might be called—if the flooring had been burnt I should not have had time to get all my property out—the family consists of my father, mother, and myself—if you had been walking about I should have heard you if I had been awake—I suppose I had been asleep about three-quarters of an hour when I was awakened by the cry of "Fire"—I did not hear you come home—I have had no quarrel with you, but have been told that you threatened to cut my throat—I did not go into your room on Monday night—I never lived as servant at the Mortar, nor was I discharged for insulting a young lady there.
WILLIAM HOLMES (Police-sergeant, R 14). On the morning of 10th August, I heard a cry of "Fire," and went to 3, Ann-street, Plumstead—from information I received I went in search of the prisoner, and found him in an unoccupied house, 1, Robert-street, the next street to where the fire was; the two streets are back to back—he appeared very drowsy, as if under the influence of drink—he would have to get over two high fences to get in the backway—after he was properly awake I told him he was charged with setting fire to a house—he said, "Me? so help me God I would not do
such a thing"—there was no furniture in the room where I found him—I got access at the back; the back door was unfastened—he must have got there the same way as I did, by getting over two fences six feet high.
Prisoner. Q. Do you remember the prosecutor stating that I was found concealed in the back shed of a house? A. No—Mr. Traill did not then call me, nor did I contradict the statement—I tried the front entrance at Robert-street, where I got over—I also tried the window—I did not notice a large key hanging from it, nor did I take it down and try it.
HENRY AUGUSTUS FISHER . I live at Rose-street, Plumstead, and am agent for the Liverpool and London Fire Insurance Company—the prosecutor's house is insured there, in the name of Tompkins and Lewis Davis, but nothing else—I went to the house about 2 o'clock, and found that a very small fire had taken place; I suppose 2l. or 3l. would cover the damage that was done—in one corner of the under part of the mattress there was a small bole, and it looked as if about as many shavings as I could take in one hand had been taken away.
JURY. Q. Do you suppose the fire could have been caused by accident? A. I should think not—the hole in the wall was about a foot in diameter—there was loose paper hanging from the wall, in consequence of the water which was thrown upon it, but whether there was loose paper before I cannot say.
Prisoner. Q. Will you state what condition the house was in? A. It was in a very bad state of repair—I should say that it was not in a letable condition—I should not like anybody connected with me to take it.
COURT. Q. Are you accustomed to examine premises after fires? A. Yes—there was a somewhat circular bole in the partition about a foot in diameter—the two uptight pieces were charred, and the skirting was charred—I should judge that it had all been done within a few hours, the hole and all—I think there was enough mortar on the floor to fill the hole if it had been put together—there were a few shavings which were not burnt—the houses are very badly built—there was enough timber burnt to make a crackling noise.
Prisoner's Defence. When I was taken in custody I was completely stunned, and I did not realize my situation through the stupor of drink till the following day. When leaving the police-station, a neighbour walked alongside of me, and told me that the prosecutor's son had most grossly insulted my wife on Sunday night—I then began to think there was some trickery at work, which I soon perceived when I was taken before the Magistrate, who told me that the fire insurance company had withdrawn the prosecution, and asked if I had anything to say; I told him that I had not the slightest knowledge of anything connected with the fire—he said that the charge must go on. The prosecutor then altered the charge. If the fire was not the result of accident on my part through drunkenness or carelessness, or from the prosecutor leaving the light with a drunken man, it behoves me to see if he had any purpose; he had brokers put in on Saturday for a deal of rent which he was unable to pay; he paid 5s. and 5s. off, and arranged to pay so much a week, as he had lodgers to move in on the Monday. Through the insults and the bullying he made at my wife, she and the children left the place, and said they would not sleep another night there, and left the key with a neighbour, telling him to acquaint me when I got sober that I might take a decent place. The place not being in an eligible condition, the landlord would not let it, and there
fore he must lose his property, or resort to stratagem of some kind. I had lived in the house I was found in in Robert-street three or four months, and got a good connexion there as a tailor, and my first impulse was to go then, but I do not recollect being there at all; I perhaps was faint or sick, and made my way out the back way towards Robert-street; I knew the street-door was open, because I hung the key up for the landlord to go in for it. I could have no motive for destroying my furniture. If shavings were taken to set fire to the house, would they not be more than half-burnt? As regards the threats he says I used, he did not think of them for fourteen days afterwards. I swear by the Almighty Father who is in heaven, that I am innocent.
GUILTY.—Strongly recommended to mercy by the Jury, on account of his being under the influence of drink, and on account of his wife. — Confined Four Months.
MR. WILLIAMS conducted the Prosecution, and MR. HOUSTON the Defence.
MARGARET BAILEY . I am the wife of James Bailey, of Trafalgar-grove, East Greenwich—on Wednesday, 14th September, I was on my way home, and just as I got to my house, a young woman spoke to roe, in consequence of which I went to the Man in the Moon public-house—I saw the prisoner and his wife there, and two or three women—the woman that called me struck me—the prisoner, who was sitting down, said "Take that, my money will pay for that"—I thought it was beer which was thrown over me, and escaped; my dress turned yellow, and my jacket red, and it burnt through in holes—the prisoner threw it once, and as I turned to the door, another dash came over me, but who threw it I cannot say—it never touched my flesh—I know the prisoner, and we have quarrelled, but we have been very quiet for the last five or six weeks.
Cross-examined. Q. How long were you in the public-house? A. I should not think more than two minutes—one of the women who struck me was next the door when I entered—I do not know who threw the second—the prisoner was not further than the width of this table from me when he threw the first—I saw his hand, but cannot say what was in it, or whether it was shut or open—the stuff did not touch my skin, but it burnt every stitch of clothes I had on, even my under garments—I do not use it for cleaning purposes.
MR. WILLIAMS. Q. At what part of your body was it thrown? A. Right over my front—I am sure it came from the prisoner's hand.
MR. HOUSTON. Q. Have you always been on good terms with the prisoner? A. Yes; he has lent me money, which I have always paid him, and the interest for it.
BENJAMIN ROBINSON (Policeman, 215 R). I took the prisoner on 15th September—when I read the warrant to him, he said, "How does she know it was me?"—I said, "Because she saw you do it"—he said, "That she will have to prove before a magistrate.
Cross-examined. Q. In what state was he? A. He had been drinking—it was the day afterwards that he used these words.
WILLIAM KIDD WARD . I am a chemist, and live at 20, Park-road, Greenwich—the prosecutrix called and showed me her dress—by the smell and the holes, it had had oil of vitriol on it—I have no doubt about that at all.
Cross-examined. Q. Is oil of vitriol ever used for household purposes? A. Yes, for cleaning copper—the injuries on the back of the woman's dress could not have been occasioned by cleaning with oil of vitriol, unless she had upset it.
GUILTY.—Recommended to mercy by the Jury and Prosecutrix. —Confined
Before Mr. Recorder.
RAIL PLEADED GUILTY .*— Confined Twelve Months.
MR. WOOD conducted the Prosecution.
MARY GRIGGS . I am the wife of Benjamin Griggs, who keeps an eating-house at 10, Lower East-street, Greenwich—on Wednesday evening, 7th September, Williams, Rail, and another person, who I am not positive of, £ went into the back parlour to have something to eat, and on Friday, 9th September, about twenty minutes to 1, the three prisoners came and sat down to their dinners in the back parlour—there was another person there, who left not more than four minutes before them—I took their dinner in, and they paid me—they acted like friends, and walked out together—I then went to a drawer to look at my watch, and it was gone—I had seen it safe about ten minutes before they came in—I informed the police, and afterwards saw it at the station.
COX. Q. Did not Rail come out half a minute after us? A. No, you all went out as fast as you could.
WILLIAMS. Q. Were you in the shop talking to a woman while Rail was finishing his dinner? A. No.
JOHN WHITNEY (Policeman, 97 R). On 9th September I received information from Mrs. Griggs—she gave me a description, and I went down Trafalgar-road, and saw the prisoners turn down Prospect-place—they then came up another opening, called Orchard-place, which is a short street—they went towards Woolwich, and after they had gone a little way, they stopped—I asked them if they had been to the cook-shop to have some dinner—they said, "Yes"—I asked them to come back, they said, "Yes," and Williams asked what for—I said that there had been a watch missed there, and wished them to come to the station about it—they asked me to let them go and see the woman—I said "No"—I searched them at the station, and found this watch on Rail—the turning they went down was rather a roundabout way to Woolwich.
Cox's Defence, We went round the turning to make water, it is no thorough-fare, and if we knew anything about his taking it, why should all three of us come back with one policeman?
Williams's Defence. I did not know he had the watch. GUILTY .
PLEADED GUILTY. **— Seven Years' Penal Servitude.
COX.*— Confined Eighteen Months.
909. RICHARD HAMPTON (24) , to breaking and entering the dwelling-house of George Burrell, and stealing therein 2 watches, his property.— Confined Nine Months. [Pleaded guilty: See original trial image.]
Before Mr. Recorder.
MR. POLAND conducted the Prosecution.
ELIZABETH GRIST . I am the wife of Matthew Grist—we keep a dairyman's shop, at 14, Glbson-street, Waterloo-road, Lambeth—on Thursday, 4th August, the prisoner came to our shop, and bought a penny egg—I served her—she gave me in payment a shilling—I gave her eleven pence change, and she left the shop—I then sent the shilling down by a boy named Clark to my husband to see if it was a good one—he was in the kitchen at the time—Clark returned with the shilling, and I found it was bad—I put it apart from other money—on the following day I gave it to my husband—I had not mixed it with any other money.
Prisoner. Q. What was your motive in saying that you had a suspicion that I was doing something wrong? A. Because you and your companion looked so suspiciously at the house before you came in, and I had a doubt about you—I put the money in the till at the moment—I did not give it a thought then—I did not try it at once.
JURY. Q. Did you put it in the till? A. I am not certain; I think I did.
COURT. Q. Was there any other money in the till? A. There were coppers in front of the till, and some silver at the back of it—I believe I put the shilling in the till—I found it on the top of the halfpence—there were other shillings in the till, and sixpences.
LEDGER DOWSETT . I am barman at the Spanish Patriot, Lower Marsh, Lambeth—on Friday, 5th August, I was serving at the bar—about half-past 6 in the evening, I saw the prisoner there—I served her with half a pint of porter, which was three farthings—she gave me in payment a sixpence—I put it in the till, and gave her change—soon after that she asked for another half-pint—she gave me another sixpence, and I gave her change for that, and put it in the till—I don't know whether there were other sixpences in the till—the prisoner then, left the house—I afterwards saw my master take some silver out of the till, and give it to a costermonger for change—between the time of my putting the two sixpences in the till and my master going to it, no other money was put in; I am sure of that—the prisoner afterwards came in again, and I served her with another half pint of porter—she gave me sixpence in payment—I examined it, and found it was a bad one—I gave it to my master, and told the prisoner it was a bad one—she said, "Give it me back again; I know where I took it"—she did not tell me where she had taken it—a constable was sent for, and she was given into custody.
Prisoner. Q. How long was it before I came in the second time? A. About a quarter of an hour.
WILLIAM TURNHAM . I am the landlord of the Spanish Patriot—I saw the prisoner in front of my bar—after she had left, a costermonger, named Woodham, came in and asked for silver for five shillings' worth of coppers—I went to the till, and took out a florin, two shillings, and two sixpences—there was no more money in the till, but that—the costermonger directly afterwards brought me back two sixpences—I looked at them, and found they were both bad—while we were wrangling about these sixpences, the prisoner came in again, and the barman gave me a bad sixpence—he took
it from the prisoner, and gave it to me—I afterwards gave the three sixpences to a policeman, with another which the boy found in another till.
JAMES WOODHAM . I live at 2, Hooper-street, Lower-marsh, Lambeth—on Friday evening, I went to the Spanish Patriot, and gave the landlord five shillings' worth of coppers, and he gave me a florin, two shillings, and two sixpences—I had just got outside the door, when I looked at the money, and found the two sixpences were bad—I immediately went back to the landlord, and told him they were bad, and gave them back to him.
EUGENE BENYON (Policeman, L 52). I was sent for to the Spanish Patriot, and the prisoner given into my custody—I asked her how she came with that money, and she said it must have been a woman who had given it to her, she thought from another house that she had been to that day—she did not say where that was—the landlord gave me four sixpences, one was bent—when I took the prisoner into custody, she said she was very sorry for having tried to get away before I came—she was searched by a female searcher, and two shillings and a pawn-ticket found on her—she gave her address as 45, Vine-street, Westminster.
Prisoner. Q. What time was it I was given in charge? A. 8 o'clock.
Prisoner's Defence. The barman said that I was gone away a quarter of an hour; the policeman says it was 8 when he took me; there was a long time between 6 and 8; I was never in trouble before; I had two good shillings in ray pocket; I know nothing of it; I was quite surprised when the man told me it was a bad sixpence.
GUILTY .— Confined Eight Months.
MR. POLAND conducted the Prosecution.
JOSEPH CARVELL . I am a dairyman, of 82, Shoe-lane—on 28th July, about 8 in the evening, the prisoner came for three pennyworth of eggs—my wife served him—he gave half a crown—my wife looked at it—the prisoner said, "Don't you like it? if you don't, give it me back;" and put his hand over the counter to take it—I stepped forward, and took it—I found it was bad—I asked the prisoner where he got it—he said from his master in Tottenham-court-road—I asked his address, and he gave it, at the White Horse, Fetter-lane—I was in the act of taking it down, and he said, "Not at the White Horse, Fetter-lane; at Albion Chambers, Castle-street, Holborn"—I was not satisfied with the address, and said, "I must detain you, and give you in charge"—he attempted to leave the shop—I followed him outside—a constable came up, and I gave him in charge with the half-crown.
JOHN GEORGE GROVER (City-policeman, 275). The prisoner was given into my custody by Mr. Carvell, with this half-crown—he was taken before the Magistrate, remanded till 3d of August, and then discharged—I searched him, and found a pocket-book on him, which was afterwards found on him when he was taken into custody again.
JOHN WEATHERLEY . My father keeps the Rising Sun in Blackfriars road—on 6th August, about 8 in the evening, the prisoner came there for half a quartern of gin and a screw of tobacco—I served him—it came to threepence—he gave me a five-shilling piece in payment—I showed it to my cousin; she said it was bad, and I took it to my father—he cut
a piece out of it, and told the prisoner it was a bad one—he went outside and called for Jack—my father kept the crown.
WILLIAM WEATHERLEY . On 6th August, my son brought me a crown—I cut it, and found it was counterfeit—the prisoner was at the bar at the time—I told him it was bad—he said he wanted his change out of it—after that, he went out—I went after him—he said he got it from Mr. Kempshead in his wages—I gave him into custody, and gave the crown to the constable.
WILLIAM HYDE (Policeman, L 138). The prisoner was given into my custody on 6th August, and I received this crown from last witness—the prisoner said at the station that he got it from his employer, Mr. Kempshead, a printer, in Kennington-lane—I did not go there—I found a pocket-book on the prisoner, but no money.
Prisoner's Defence. I did not know the crown was bad; I know nothing at all of the first case; I gave a wrong address, because I did not wish to disgrace myself.
GUILTY . **— Confined Two Years.
MR. POLAND conducted the Prosecution.
ANN CARPENTER . I keep a fish-shop, 3, Webber-street, Lambeth—on 2d September, the prisoner came there in the middle of the day, between twenty minutes and half-past 12, asked for two pennyworth of fried-fish, and gave me a florin in payment—I gave him the change, and he left—I laid the florin on the counter, and then placed it on the parlour-table—had occasion to run out on an errand and I left the florin on the table; when I returned the witness Searle called my attention to it, and I found it was bad—a constable was sent for, and I gave a description of the prisoner—I saw him standing in the road, and told the constable to take him in charge, which he did—going along, the prisoner put his hand in his pocket, and pulled out some small money, I don't know what it was, and said, "I will make it up to you"—I refused to take it, and he was taken to the station—I marked the florin, and gave it to the constable.
Prisoner. You say it was in the middle of the day—it was at night.
Witness. It was between twenty minutes and half-past 12—it was a little better than half-past 12 at night that I pointed him out—he had not been gone two minutes before I went out—there was a woman with him, with a child in her arms—I did not see her give you any money.
GEORGE SEARLE . I was lodging at Mrs. Carpenter's—on 2d September, about half-past 12 in the morning. I was in the back-parlour of the fish-shop—I saw Mrs. Carpenter put a two-shilling piece on the parlour-table—I examined it, and met her coming in, and gave it to her, telling her it was bad—I afterwards saw the sergeant take the prisoner into custody, and he dropped a bag—I can't swear to this bag (produced)—I saw the witness Vincent pick it up, and give it to the sergeant.
WILLIAM VINCENT . I live at 23, Pollard's-buildings—on the morning of 2d. September, I saw the prisoner in custody of Sergeant Nolan—I saw him drop this bag?—I picked it up, and gave it to the sergeant.
——NOLAN (Police-sergeant, L 3). On 2d September, I was sent for, and Mrs. Carpenter pointed out the prisoner to me—I ran after him—I saw him turn into Peartree-square—I overtook him—as I was following him, I saw him put a paper parcel down on a door-step—as soon as he
turned round, I laid hold of him—a little boy picked up the parcel, and placed it in my hands"—I produce it—it contained two florins wrapped up together in white paper—when I took the prisoner into custody, I heard something fail from him—I was looking down, and the witness Vincent said, "Here it is, sergeant," and gave me this bag—Mrs. Carpenter then, came up, pointed to the prisoner, and said, "That is the man. I charge him with uttering a bad two-shilling piece"—at the station, I put down the paper parcel and the bag—the prisoner said, "They are mine; they are my hard earnings"—I searched him, and found on him four shillings and three sixpences, good money, and one shilling and three farthings in copper, all good—I received this florin from Mrs. Carpenter at the station—the prisoner's wife was with him at the time I apprehended him.
JAMES LAMB (Policeman, L 72). On Friday morning, 2d September, I was acting as gaoler at the Tower-street police-station—the prisoner was. locked up there in a cell, and his wife in the next cell but one—she called him by name, "Thomas"—he answered her, and said, "Is anybody there with you?"—she said, "No; they have locked me up; they have found nothing" on me I shall be discharged tomorrow"—after a few minutes, she said, "The sergeant states that he saw you put the money down in the street; you should have done as I done, slung it away"—he then said, I told you it would be wrong if I carried the swag, and tried to work it"—the woman was remanded, and afterwards discharged.
Prisoner. Q. Did you hear me accuse my wife of putting this money in my pocket? A. No.
Prisoner's Defence. All the money was put into my possession by my own lawful wife; she has been a bad wife to me all my life; I never pasted a bit of bad money, and did not know I had it then: the money I had in my pocket was all good. She asked me to treat her; but I told her I had but a few halfpence; she said, never mind, she would treat me. She changed the two-shilling-piece, and told me to put the change in my pocket, which I did. She said she had been to Westminster to see her cousin, and he had given her a half-sovereign. My wife has, I am sorry to say, been in bad company for years. I have tried to put a stop to it, but could not I have been out all hours of the night, but could not get her away from bad company. About five months ago, I came up to speak for her on her trial here, and she got off with four months; and the very next day after she came out, she took a good half-crown from my pocket, and put a bad one in its place. She has told parties she would get rid of me. I found one of her bad companions in bed with her.
JAMES BRANNAN stated that in 1861 the prisoner was convicted of stealing lead from his masters, and sentenced to Six Months' imprisonment, since which he had persevered in an honest course; that his statement with respect to his wife was true; that he had endeavoured in every way to reclaim her, and had probably been led into this by her— Judgment Respited.
MR. WOOD conducted the Prosecution, and MR. LILEY the Defence.
JOSEPH WILLIAM JACKSON . I am a journeyman, working in the Dover-road, and living at 7A, York-road, Albany-road, Old Kent-road—on the evening of 3d August, I had been to visit some friends in the neighbourhood of Blackfriars-bridge station—I went to meet my wife—I found she had
gone by train to Camberwell-gate, and I then walked home—I had gone into the Old Kent-road, lower down than the Bricklayers' Arms Station, when I was seized from behind by two fists—whether it was one man or two, I can't say—they wrestled and tripped me up by my heels, and got me into the gutter—or in the road; and no sooner was I down, than one of them took my watch I took hold of his wrist, and said, "Not quite so fast"—I had no sooner said that than I had a tremendous blow, which knocked six of my teeth out; at least, loosened them, not knocked them out—I can't Bay what the blow was with; it was with some heavy instrument—it cut a piece out of my mouth—the doctor said, had the blow been a little higher, it would have killed me on the spot, and if a little lower, it would have broken my jaw—two of my teeth are loose now—I got up on my hands and knees, and was knocked down again—I did not see any one there, only the prisoner and two more in advance of him—I got up, and called, "Stop thief!" and followed him—as soon as ever he got on to the pavement, I kept calling out, "Stop thief"—I very nearly overtook him, not quite, but he was taken by police-constable 114—I was getting up to him fast, but I was completely covered all over with blood—the prisoner is the man I followed—I never lost sight of him after I got up on my hands and knees—I could not say who knocked me down the first time, but I believe it was him who knocked me down the second time; I am sure it was, because there was no one else there—as soon as he got on to the pavement, he started running, and I after him, calling "Stop thief," and I never lost sight of him—I lost a silver watch—I have the chain; the swivel and all was taken—I can't say where the other two men were when I was first knocked down; I received two blows all of a sudden—at the time the prisoner ran away, I saw two men in advance; one crossed the road, and the other went another way, by the Deaf and Dumb Asylum.
Cross-examined. Q. Had you been visiting some friends that evening? A. No; I had been to meet my wife between 9 and 10 o'clock—I did not call at the house where she had been—this happened about half-past 11—I had had one glass of stout at a house at the side of the church in the Black-friars-road, and I called at the King's Arms, I think it was, and had a glass of stout there—that was all I had from 8 o'clock—I was on the opposite side to the Bricklayers' Arms station when this occurred, on the right-hand side as you go from London, on the same side as the Swan public-house; perhaps two hundred yards or more below the Swan—the first thing I felt was being suddenly struck behind—I was on the pavement when I was attacked—I got into the road afterwards by some means or other—I was suffering a good deal from the blows I received—the first blows were struck behind under the ear—I had never seen either of the men before, to my knowledge—I think there is a turning at the aide of the Swan, and opposite that another turning, called Swan-street.
MR. WOOD. Q. At the time the prisoner was overtaken, had he reached the Swan? A. It was as near to the Swan as could be; I can't say exactly, because I was not quite up to him; it was near the watering-trough—I am sure the prisoner is the man—I never lost sight of him after he once stepped on the pavement—the space was clear.
JOHN GROGAN . I am in the service of the South Eastern Railway Company, and go with a van to and from the station—on the night of 3d August, I was with the van coming out of the station, on the tail of the van—as we came out of Henry-road, by Edgington's tarpaulin manufactory I heard, Mr. Jackson cry out something about his watch—I turned round my head and saw the prisoner and another man strike Mr. Jackson with something
—I can't say what it was—they were about three yards from we—I looked at them again, and then they kicked him as he was getting up—the prisoner kicked him—I called out "Police!" and "Stop thief!"—there there were two others ran away—the prisoner started to run—Mr. Jackson was getting upagain, and the prisoner kicked him again in the side, and knocked his hat off, and he then ran away the same way the others bed gone—I never took my eyes off him—he turned back to run the other way as soon as he saw the policeman, and the policeman caught him, and I said, "Hold him tight, that is the one."
Cross-examined. Q. How far is the Henry-road from spot where you saw the prosecutor ill-treated? A. About 600 yards—the Swan is between Henry-road and the King's Arms—the prosecutor was about 150 yards from the Swan when I first saw him, nearer Greenwich—ours was a two-horse van—my mate was driving—I was standing on the tail-board—it was rather a clearish night, not wet—it was ten minutes to 12—I was going to Covent Garden-market with fruit and potatoes that had come up by the line—I did not get down from the van at all—the prisoner was taken by the Swan trough—the Swan is very much frequented—there was nobody there then—the omnibuses stop next door.
HUGH O'REILEY (Policeman, A 489). On the night of 3d August, between 11 and 12 o'clock, I saw the prisoner in the Kent-road, by the Swan public-house—he was running in a direction from where Mr. Jackson was knocked down—I heard a cry of a "Stop thief," and went towards the place and saw the prisoner running—when he came up to some persons walking along the footway, he commenced walking—I crossed, and stepped him—Mr. Jackson came up immediately, and charged him with taking his watch—the last witness spoke to me from the van, and told me to hold him tight, that he was the one.
Cross-examined. Q. Is there a street by the side of the Swan? A. Yes, a Court; he had not got so far as that; he was about twenty yards from the Swan trough when I first saw him—I did not bear any one say he was not one of the men.
He PLEADED GUILTY to a further charge of having been previously convicted.— Seven Years Penal Servitude.
MR. WOOD conducted the Prosecution, and MR. LILLET the Defence.
JOHN BUCKLEY . I am a wood-sawyer, of 12, Pottier's-place, Bermondsey—I have known the prisoner for several years—as far as I know, he has been a man of good character—my aunt had died previous to this occurrence, and her funeral was to take place next morning—I wanted some gin for the purpose of taking to the wake—I went to the Anti-Gallican in Tooley-street, and the landlord let me have a bottle—I went with the prisoner to the next house, and he took it away from me there; I could not positively say which man took it., there were several before the bar—I asked the prisoner to give it me back, or to give me a portion of the gin—he did not, and laughed it off—I did not take much notice of it—I went back to the Anti-Gallican and got another bottle, and was going borne with it, when a man pressed me behind and nearly strangled me—I had never seen that man before, but I should know him—the prisoner was with him, and he took the second bottle of gin out of my jacket-pocket and 10s. out of my waistcoat-pocket—I know I had the 10s. safe in the first public-house, and I had told him I had it for my aunt's funeral—I can't say positively whether he or the other man took
it—I followed them, and asked the prisoner to give me my money; but instead of that, he gave me a punch in ray right eye with his fist, and knocked me down in the road—I got up and followed him, and got a policeman to take him.
Crass-examined. Q. Did you ask the landlord of the Anti-Gallican to tend you anything besides the gin? A. Yes, a shilling—I did that because I did not wish to break in upon the 10s., and I told him so—he did not lend me the shilling—I had been drinking—there was a number of persons in the other public-house—I was there about half or three-quarters of an hour—I had a share out of a pot or so there—I did not pay for anything there—I borrowed part of the 10s. from one of the carpenters where I work, and 5s. of my employer, Mr. Dicker—this was on Monday evening; I had received my wages on Saturday—I have been in custody more than once for being in drink; if I have for anything else it must be more than twenty years ago, not since, and that was for selling some sawdust for beer. The Jury stopped the case.
— NOT GUILTY .
MR. WOOD conducted the Prosecution, and MR. RIBTON defended Driscoll
JOHN LINFIELD . I am a labourer, of 22, William-street, Great Suffolk-street, Southwark—on 18th August, about a quarter to 1 in the morning, I was in Suffolk-street, and I turned down a gateway for some purpose, when Driscoll hit me in the face, and knocked me down—he struck me several times in the face, and then Haley came and lifted me by my hair, and hit my head against the stone—I am sure of her, and I laid hold of Driscoll, and never let go of him—a policeman came, and I then let go of Driscoll, and missed my watch—Mr. Hilman came out at a gateway where he lives, and in a minute or so a policeman came up—I had seen my watch safe about ten minutes before—I gave the prisoners in charge, and at the station I searched all my pockets, and had not got the watch—while they were taking the charge Driscoll came to shake hands, and said, "I have not done you much hurt; do not appear against me in the morning; I am only a labouring man like yourself, do not interfere with my work"—he came close up to me, and after he had been put in the cell I put my hand in my right-hand trousers pocket, and there was my watch—he had been close to me on that side—I had felt for it in that pocket before.
Cross-examined. Q. Were you out late? A. Yes; I had been to Walworth to see some friends—I had had a glass, but was perfectly sober—we had a drop of porter between four of us, but no spirits—I did not see any one, or knock against any one, when I turned down the gateway—I am not married—I work at Easton, Amos, and Co. 's, Southwark-bridge-road, but through this ill-usage I have been obliged to leave—I had no chain to my watch—I took it off before leaving home, because I knew I should not be home very soon, and I thought the chain should not be seen—I always wear it in my right waistcoat-pocket—it was dark down there—I had only gone two or three yards down.
Haley. Q. As I was coming up the yard, did not you say, "Where are you going?" A. No; I never saw you or spoke to you—Driscoll did not come up and say, "What have you said to my mistress?"
THOMAS HILMAN . I am a cheesemonger, of Suffolk-street—my house adjoins the gateway, and I have a side door into it about ten paces up—about a quarter to 1 o'clock on this morning I was in the kitchen, and heard a smothered cry of "Police! I will not let you go till a policeman
comes"—I turned the gas off, and and then opened the door and came upon the prisoner and prosecutor two feet from the door—it was a moonlight night—Driscoll was in front of the prosecutor, who was smothered in blood—I said, "Halloa, what is the matter? let the man alone"—Haley said, "He has assaulted my husband—I said, "Then we will all go to the station together"—Driscoll said, "I shall not go to the station"—Haley said, "And I am sure I shall not"—I said, You all will"—I called "Police!"—a policeman came—we got a little way to the station, and Driscoll refused to go further—I got the policeman's rattle out of his pocket and sprang it—I did not go to the station, as I had only my slippers and trousers on—the prosecutor was covered with blood, and there was as much blood along the place as to appear as if they had killed a pig.
Cross-examined. Q. Was the woman in a very excited state? A. She wanted to get Driscoll away from the prosecutor.
Haley. Q. Did I say "You assaulted my brother?" A. Tea—I did not hear the sound of the prosecutor's head go on the stones, but he had a dreadful place on his head.
JAMES FRANCIS (Policeman, 79 M). I heard a cry of "Police!" and found Driscoll and the prosecutor holding each other by the collar, and Haley pitching into him right and left—the prisoner said, "Let me go"—the prosecutor said, "No," and he hit him in the face—they both fell—I laid hold of Driscoll, and the prosecutor got up and gave him in custody—I had not lost sight of Haley—as soon as I took hold of Driscoll the prosecutor said, "I have lost my watch"—I said, "The female must come too," and another policeman came and took her—another charge was being taken, so we waited in the reserve-room, and I said to Linfield, "You had better be sure if you have lost anything else; search your 'pockets"—he felt in all his pockets, and said that he had got a few halfpence but no watch—when the charge was being taken I put the prisoners behind, and put the bar across—Driscoll tried to shake hands, and said, "Let me go to my work to-morrow: I don't know the woman"—I believe he said that twice—he came to the bar to the prosecutor, and his left hand came in contact with the prosecutor's pocket, so that he could put anything in.
THOMAS GARDNER (Police-sergeant, 25 M). I booked the charge against the prisoners—Driscoll stood on the right of the female, and turned round laid hold of the prosecutor, and said, "You are not going to lock me up, governor, and keep me away from my work; I know nothing about this woman"—she was inside the bar, close to him—I saw her lay hold of the prosecutor's coat with her right hand—the constable said, "What a false-hood you are telling; you said just now the was your wife"—she said that the prosecutor had offered her 6d. under a gateway—he said, "Nothing of the sort; I never spoke to you in my life"—when the prosecutor went to sign the charge-sheet, he put his name, and said, "By God, the watch has been put in my pocket in the station-house"—the glass was broken.
Haley. Q. Was not there five or six yards between us? A. No—the room is not six yards wide.
Haley's Defence,—I met this young man speaking to his cousin; I went down the gateway, and the prosecutor came towards me and said, "Where are you going?" I said, "That is my business." He said, "Come with me" I said, "You had better go." He said, "Come, and I will give you 6d" I said, "Go on; keep your 6d." shoving him. He struck me, and I called put "Denny." This young man came, and they both fought I took him by the hair when he was on the stones, and said, "Leave go," but I never thought of robbing him.
PLEADED GUILTY.**— Ten Years' Penal Servitude.
HALEY GUILTY . **— Five Years' Penal Servitude.
Before Mr. Baron Pigott.
MR. ORRIDGE conducted the Prosecution, and MR. SLEIGH the Defence.
ALFRED BRAZIER . I am a coffee-house keeper, and live at 128, Great Suffolk-street, Borough—the deceased was my wife—I had been married to her about fourteen or fifteen years—we have had five children—the prisoner Dr. Goss was in partnership with Dr. Jones in the South wark-bridge-road—Dr. Jones had attended my wife in three of her previous confinements—I can remember the prisoner with Dr. Jones for ten or twelve years—he has sometimes attended my wife with Dr Jones, on one occasion in her confinement—my wife's confinements were difficult; she wanted care and attention—in August last she was in the family way—on Wednesday, 17th August, Dr. Goss was sent for to attend her—about three months ago as he was passing by my wife said she wished to engage him; he looked in about a fortnight afterwards, and then she engaged him—I was present at the time—on 17th August she was taken unwell, and I sent a messenger for Dr. Goss between 7 and 8 in the evening—he did not come at all on the Wednesday night; be came on the Thursday morning a little before 12—he went into the bar-parlour and saw my wife for about ten minutes or a quarter of an hour—when he came out, I said to him, "Well, Doctor, how is my wife going on?"—he said, "The symptoms she has are a mere nothing, she may go on for week or a fortnight, or very likely a month in this state; it is nothing, and you must not make yourself uneasy about it"—he then left my mother had come on the Wednesday evening, before I sent for the doctor and she remained with my wife up to the time of her death—we sent for him again on the Friday night—she went on very comfortably on the Thursday, but on Friday evening she began to have some very bad pains—I sent for him and he very soon came—I suppose it was between 8 and 9 o'clock—he went up stairs to my wife and stayed some time—I was standing at the door when he came out—I said, "Well, Doctor, how is my wife going on?"—he said, "She is going on very well, but it is a cross birth. I have examined her; I can't tell you exactly whether it is the elbow or the knee that presents itself—I said, "Doctor, you are never going to leave her then in that state?"—he said, "Oh yes, I am; I have not had any tea or supper,. but I shall be back again"—I said, "I hope you will come back again directly"—he said, "Oh, no, I shan't I shall be back again to-night"—I said, "Will it be over to-night?"—he said, "Oh, yes; I hope it will be over before I come back"—he came back again about 12 o'clock, I believe, but I did not see him, I was asleep on the sofa—he stopped about half an hour—he next came on Saturday afternoon about 3, but I was not in the way then—my wife got gradually weaker and lower in spirits, and weaker altogether—the pains left her from the Friday night—Dr. Goss called on Saturday of his own accord
—I understand he remained about a quarter of an hour or twenty minute I went up to my wife, and she said she was very bad, and she knew she should not have strength to go through it—I sent for Dr. Goss again about 8 or a little after—we understood he was attending Mrs. Edwards at the Bridge House—he was there, and he came in about twenty minutes or half an hour—I met him at the door—I was waiting for him, and I said, "Doctor, really something must be done with my poor wife; she is sinking fast, and I don't believe she will have strength to go through what she has got to go through"—he said, "You don't mean that, Brazier?"—I said, "I do, indeed, or, and I am afraid she has been left too long"—he turned round very angrily indeed, and said, "Brazier, what do you mean? I don't understand you; what I have done I have done for the best"—I said, "I hope you have, air"—he said, You know it is impossible for me to be in two places at once"—I said, I am quite aware of that, sir"—by that time he was up by the bedroom door, and in about a minute or a minute and a half or two minutes I heard the door slam, and my mother came down stairs—I did not see Dr. Goss then, he went out at the private door; I saw no more of him—I subsequently went for Mr. Llewellyn—he attended immediately—my wife was confined between 11 and 12—it was between 8 and 9, or something of that sort, that Dr. Goss left—Mr. Llewellyn came and examined my wife, and said he must have assistance and consultation—I begged him to get the cleverest person he could, and he went and fetched Mr. Jarvis, and they both remained until the delivery—I saw no more of Dr. Goss—my wife died on 4th September.
Cross-examined. Q. I believe Mr. Llewellyn lives within fifty yards of your house 1 A. He lives close handy—as soon as Dr. Goss left I immediately went for Mr. Llewellyn—he came as soon as I told him; of course he wanted a little explanation; it might have been in about ten minutes or a quarter of an hour—he stayed about a quarter of an hour or twenty minutes before he went for Dr. Jarvis—he might have been gone for about three-quarters of an hour or not so long—I should imagine it would be ten or twelve years ago since Dr. Goss was present with Mr. Jones when he attended my wife—he has been in practice in the neighbourhood since that time—my wife has had five children—of those one lived ten months, and the other about three hours—that was not the occasion on which Dr. Goss attended—it was on the second occasion, when the child died in the process of birth—one of those births was premature, I believe—I believe on this occasion my wife fancied she should go a week or two longer, but she did not know exactly—Dr. Goss had not seen my wife, I think, for a month or six weeks previous to 18th August—I believe my wife thought she should go about two months after that—this was not a seven months' child—on the Friday evening he stopped about an hour—he came again that night about 12 o'clock—I believe he did not stay more than twenty minutes then—he came between 2 and 3 on the Saturday, but I did not see him—I did not know that he was attending Mrs. Edwards till 8 o'clock in the evening when I sent for him—I don't know that he had left word that he was there—my mother sent the servant for him—Mrs. Edwards lives about three or four minutes' walk from my house—he came in about twenty minutes or from that to half an hour—I was not irritated and annoyed when he came; I was perfectly calm and collected, as I am now—I spoke to him in the same manner as I do now; I should have been afraid to offend him, or say anything cross to him—I did not say, "You are neglecting my wife, and paying more attention to other persons than to her"—nothing of the kind—there was no one else
present but he and I—he was going up stairs at the time I spoke to him—I did not say to him, "Doctor, if you do not choose to attend my wife properly, there are plenty of other medical men who will be glad to do so;" I nothing of the kind, nor did I hear it said to him—I mean to say that it I was upon ray saying I was afraid she had been left too long, that he turned round very angrily—he did not say that he was not accustomed to be spoken I to in that way—I did not say, "There are other medical men, if you don't I choose to attend"—I saw nothing of him after that till I saw him at the inquest—my wife lived for fifteen or sixteen days afterwards, in a very weak, low state—I should think it was partially Mr. Llewellyn who caused the inquest to be held—I did not go for a certificate of death to Mr. Llewellyn—my wife was delivered on the Saturday night—I sent for Dr. Jarvis again on the I Friday before she died—I had not sent for him in the interval.
MR. ORRIDGR. Q. You say your first child lived ten months? A. Yes; the second one Dr. Goes attended with Mr. Jones; that child died—the third one Mr. Jones attended, that only lived about two or three hours—the fourth died in its birth, and this was the fifth—Mr. Llewellyn had I never attended at my house before—I sent for him in consequence of his being the nearest medical man.
JANE BRAZIER . I am the mother of the last witness—I attended the deceased in four confinements previous to this one—on Wednesday, 17th August, I went to see her in consequence of being sent for—from what I observed, I thought the confinement was likely to take place soon—I recommended that Dr. Goss should be sent for—he did not come till Thursday, some time about the forenoon—I told him the symptoms, and that I was convinced it would not go off—the symptom I observed was a show—he said it might go off for a fortnight, or even a month—he had known such a thing—I told him I never had—we did not send for him again; she was not in a great deal of pain—she went on very slowly, having pains now and then—we sent for him on the Friday night, between 7 and 8 o'clock, and he came between 8 or 9, or between 9 and 10—Mrs. Brazier was very bad in that interval—I described to him the state she was in, and told him a circumstance that I was very much surprised at; that the child had a motion with every pain—he remained with us about three quartern of an hour, or it might be nearly an hour, and he came again that evening—I never left her—I observed her symptoms, and told him of them—when he came the second time, he said he had had no tea—I said, "Shall I get you anything?"—he said, "No;" he wanted to go home, but he would come back again, and he did about 12—he stopped with us about an hour, and then he got up very suddenly, and said he should go—a lady who was with me said, "Surely you are not going, Mr. Goss?"—he said, "Yes, I am; I am not going to stop here"—she said, "Will there be time to send to you"—he said, "Oh yes, there will be time enough; I only wish it may be all over, and the child on the bed when I come back"—he came again on Saturday morning between 1 and 2—I told him she had been very bad all night, that her pains were gone, and that her strength was gone with them—he examined her—I told him I was convinced she had had pains enough to bring half a dozen children into the world if she had had proper assistance—he said it would be an evening job—I asked him if it was all right for the world—that was on Friday—he said, "Now—I said, "How is it?"—he said, "I don't know whether it is an arm or a leg"—I asked him on the Saturday if it had progressed much—he said, "Yes, a little," but it would be an evening job; it would not come off till the evening—she was
very weak and faint—we sent for him again on Saturday night, about 8 or 9 o'clock—I was listening very attentively, expecting him, and when I heard his knock at the foot of the stain, I went to the lobby—I heard my son say to him, "Oh, Dr. Goes, I am afraid you have left my wife too long; the is sinking fast;" and I heard him speak very cross, "What do you mean? Can I be in two places at once? I have done the best I could?"—my son said, "I hope you have—;" he then came up stairs in a very great pet—I said, "I am very glad to see you, sir; she has been very ill, very bad, and her pains are all gone, and her strength with them"—he said, "I don't know what Brazier means by talking to me in this manner; I will not be spoken to by any man in such a manner"—I said, "You must make some allowance for a husband's feelings; she has been very ill"—he kept on saying that he would not be talked to in that manner; that he could act be in two places at once—I said, "Well, sir, if you could not, you might have sent some one else, or have told us, that we might get some one else"—"Then get them," he said, and he took up his hat, and was about immediately to leave the room—Mrs. Brazier put up her hands, and said, "For God's sake don't be angry; don't leave me, Mr. Goes; don't leave me to die; don't be angry"—but he was half-way down the stairs; she begged me to call him back, but I could not have done it for the world—he went on down the stairs, and slammed the door in such a manner that it really shook the little house—that was all I saw of him—Mr. Llewellyn was then sent for, and he fetched Dr. Jarvis—she was confined between 11 and 12 that night—she lived for fourteen days afterwards, but she was sinking last every day—she never rallied—for the first day or two she felt better from her extreme pain and agony, but she never rallied, only to get out of bed a few minutes at a time.
Cross-examined. Q. At the time Dr, Goss saw her on the Thursday, she was in the bar parlour, was she not? A. No, up-stairs in her room—she was up and dressed—Mr. Llewellyn was not with her more than ten minutes or a quarter of an hour before he fetched Dr. Jarvis—he examined her, and found the child was not right—I do not believe he made any effort to turn the child—he was not gone so long as three-quarters of an hour for Dr. Jarvis—she was not sufficiently restored to be able to be dressed a few. days after her delivery—she was never out of bed more than ten minutes at the farthest, and that only for three times before she died—I made no application for a certificate as to the cause of death—I don't know who did—I stated before the coroner, as I have stated now, that I heard the conversation between the doctor and my son—I heard it, whether I told it or not—if I was asked the question I must have answered it—I knew he had been to Mrs. Edwards'—he did not leave word so—he told me he was going there, that he had a case there—I did not say to him, "There are other medical men, if you don't like to attend, and we can get them"—nothing of the kind—I said, "If you could not attend, you might have sent somebody else, or you could nave got somebody else," and on that, he said, "Get them"—he had got his hat in his hand then—he did not say, "Very well, then, you had better send for whoever you like"—what he said was, "Then get them"—he did not add, "I shall have nothing more to do with the case, after having been spoken to in that way."
MR. ORRIDGE. Q. Did he make any examination of Mrs. Brazier on that Saturday night A. Oh dear no, I don't think it was five minutes from the time he was in the house till he was out again.
JURY. Q. Did Mr. Llewellyn continue to attend your daughter-in-law from the time of her delivery until her death? A. Yes; from day to day. And very attentive he was, the Queen herself could not have had more attention.
WILLIAM LLEWELLYN . I am a burgeon, of 28, Trinity-Street—I have been in practice ten yean—I was called in to see Airs. Brazier on Saturday night, 20th August, about half-past 10—I found her in labour—I made an examination—I found it a case of arm presentation, the elbow forward far down in the passage, the os uteri grasping the shoulder—the woman was very much exhausted, and it was a case that I would not undertake the responsibility of myself—I came down stairs, and mentioned it to the husband, and then went and brought in Dr. Jarvis—I was away a quarter of an hour or rather more; a sufficient time to go down to St. Thomas-street and back—I found Dr. Jarvis at home, and he returned with me immediately—he examined the patient, and advised chloroform to be administered, so as to facilitate deliver; and turning—I administered the chloroform, and Dr. Jarvis delivered the patient—I attended her afterwards until she died—she rallied a little after delivery—she seemed to get on very fairly for two or three days, then pain commenced in the region of the womb, and she daily got gradually worn and worse, and died on the Sunday fortnight following—I attribute her death to exhaustion consequent upon inflammation which sprung up in the right side of the womb, a few days after delivery—upon post-mortem examination it was found there was inflammation of the right broad ligament and of the uterus—in my opinion she had not sufficient vital power to resist the slight inflammation that arose—inflammation occasionally comes on after delivery, after a difficult birth, and sometimes after an ordinary birth—in my opinion that was the immediate cause of death—I cannot undertake to say whether that was hastened in any way, or produced by anything that happened or did not happen on that night.
COURT. Q. Do you think she was delivered as soon as she should have been? A. I cannot form an opinion in what condition the patient was at 9 o'clock, or any time before, not from my experience at 11.
MR. ORRIDGE. Q. From what you know or have heard of the case, can you say it was wrong to leave her undelivered up to the time you saw her? A. It is impossible to say what condition she was in previously; I can only say what condition she was in at the time I arrived—medical opinion might differ upon that subject—I Will not undertake to say that she suffered from that cause.
COURT. Q. In a case of that kind, where the presentation is of a knee or elbow, would you expect inflammation of the womb? A. In an arm presentation you might expect it, because you would have to turn, and sometimes that is a difficult thing—I think it would be an Library thing to succeed the turning.
DR. JARVIS. I am a member of the College of Physicians, and obstetric physician of St. Thomas's—I was called in on the Saturday night by Mr. Llewellyn—I have heard the evidence he has given, and agree with him entirely—having regard to this being a cross birth, and being known to be so before 9 o'clock in the evening, an examination ought certainly to have taken place by the medical man attending; but that, involves the whole case, that is to say, ought the medical man to have left—it would be no use to make an examination and then go—it was: necessary for him; to be there at 9, and necessary for some, one to attend her—I delivered her; it was one of the most difficult cases in midwifery, and required a great deal of cart and attention—I had nothing to do with the case between the delivery and
a consultation with Mr. Llewellyn on the Friday—she certainly died from exhaustion—it was a difficult and anxious labour, that was one source of exhaustion—there was slight inflammation of the right broad ligament—she was exhausted prior to that coming on—I gather that she was a slight and delicate woman previously; undersized and very spare in habit—I can't say how she was before I saw her—she was then extremely exhausted; whether that exhaustion was due to the previous labour pains or any other cause I am not prepared to say—looking at the state, in which I found her at 11 o'clock, I should say she ought not to have been left without medical attendance—there is no question about that—every hour unquestionably added to the difficulty of the birth—I look upon the slight inflammation which occurred as having just turned the scale—I think if that had not occurred she would probably have survived.
Cross-examined. Q. Slight inflammation of that description happens in very many cases where there is difficult labour, does: it not? A. And in very natural labours too—Mr. Llewellyn arrived at my house a little before 11—I cannot say whether if the deceased had been attended at 9 o'clock, as she was when I saw her, any different termination would have taken place—I can't say positively that two hours' difference in the termination of the labour would have affected materially the result of the case, or may have made any difference to the termination of the case—I won't say that I think she might still have died if it had not been for the inflammation which supervened—I should have hoped she would have rallied—that inflammation might have occurred from a common cold, and in the most natural labour.
COURT. Q. From what you saw, ought this to have been done at an earlier period than two hours before you did it? A. I should say so.
MR. SLEIGH. Q. I suppose that would depend entirely on the state in which the os uteri was? A. Just so—what state it was in two hours previously I could not undertake to say—in my opinion this was not a premature birth—there was no post-mortem evidence upon that question—he rapidity of dilatation of the os uteri differs with different patients—sometimes where it is rigid and small, there is a rapid dilatation, and sometimes it remains rigid and contracted hour after hour—that would be quite eccentric of the person's constitution.
COURT. Q. Those answers then rather qualify what you said before, that she ought to have been delivered more than two hours before? A. This is the qualifying element, that she was in an exceedingly reduced and exhausted state, and that we are able to deliver by artificial means if a person's strength is flagging, independent of the opening of the mouth of the womb; therefore I cannot go beyond 9 o'clock; I should certainly say at 9 means might have been adopted to deliver her, but whether that would have made the slightest difference in the termination of the case I cannot say.
MR. SLEIGH. Q. Was the os uteri sufficiently dilated for the purposes of delivery? A. Fully so—I gave her brandy at once—I believe she would have died there and then without the administration of chloroform—I should be very sorry to connect the death with anything that occurred on that night.
MR. ORRIDGE. Q. If Dr. GOSS examined her at 9 o'clook, is it probable that he would have found the mouth of the womb sufficiently dilated for delivery? A. I think probably, but I cannot say positively—if that was so every hour or half-hour afterwards became of importance—she should have been delivered as soon as the womb was properly dilated—it was a fullgrown child.
NOT GUILTY .
Before Mr. Recorder.
MR. BESLEY conducted the Prosecution, MR. GIFFARD defended Baylis, and MR. ORRIDOE defended Hempsted.
EDWIN EWIN . I am a draper, in High-street, Borough—Baylis was in my service as shawl-buyer and salesman—he served behind the counter—previous to the day I gave him into custody I gave some directions to a police-constable—on Friday, 2d September, about 11 in the morning, I saw Hempsted in custody—I was fetched from the City—I had seen him many times before in my shop, but I did not know his name or his business—Baylis has been in the shop at the same time, and Hempsted has waited till he was disengaged, I fancy—I never saw him buy any goods in the place—I went with the officer after Hempsted was taken, and fetched two shawls which had been left at a public-house close by—I brought them into the shop, and said, "Who sold these shawls?"—Baylis immediately replied, "I did"—I said, "What did you sell them for?"—he said, "Seven shillings"—I went and looked on the check-file, and found that 7s. had been paid to the cashier—I then said to Baylis, This is a very strange business, your selling such goods as these for 7s.," and I then inquired of the men generally what was the cost of the shawls—one cost 6s. and the other 9s. 6d. or 9s. 9d.—I knew from the tickets what they had cost, I marked them myself—I have not got the tickets; they were not on the shawls when I got them from the Black Bull public-house—one ticket was produced by a young man—I saw it, but I imagine it was destroyed—there are no tickets now on the shawls—there are tickets on all goods that go out of my house, with the selling-price marked in characters, not figures—I know the value of the goods; the value, to buy them, is 18s. 6d. the two—the price, to a wholesale buyer, would be 17s.—I said to Baylis, "It is a very strange thing that you sell goods like this," and he said, "I know I have done wrong; I will make it up if you will forgive me"—Baylis had directions as to price—if it was a wholesale customer he was to sell at the wholesale price, and if a retail customer at retail price; no deviation whatever—I gave those directions to Baylis, and to every other salesman—I took this piece of paper (produced) off the cashier's file; it is Baylis's handwriting—it is not signed by any one—it ought to have been signed by some one—every bill ought to be examined by another person, and his initials put on it, to show that it is correct; and in case the bill is wrong, he is fined for examining it wrong—these shawls are my property—they have been in my shop.
Cross-examined by MR. GIFFARD. Q. How long has Baylis been in your service? A. About ten years—I had a very good character with him—he has been shawl-buyer for eight or nine years—these shawls were his own buying; he buys them on his own judgment and responsibility—I know what they cost from the ticket—the young man who is subpœnaed on your side has the ticket, I believe; he showed it to me—the last time I saw it was the day Baylis was given into custody—it was not given into my hands, I only saw it—the young man's name is Mountfield—things have been going up in price lately—shawls eighteen months and two years old are as saleable as shawls of the present season—these are not fancy goods; they are everyday-going things—I cannot admit that fancy goods vary in price, and become less valuable according as the pattern is old; some things, I dare say, may do so—shawls may do so in some trades, but I have got a trade for these things, and I can sell them at all times for the first value—
mine is a plain trade—I don't call these fancy goods at all—it was reported that one of the shawls was a little soiled, but I don't see much of it myself—it is only in the crease where it is folded—I say it is not soiled; nothing to harm the shawl; not to make it of less value—I believe the witness Mountfield, is outside, he came away from the shop this morning before I did—he is in my service now—I have not seen him here this morning—he has been in the shop this morning—we open at half-past 7—I have been in Scotland, shooting for three weeks, bat I stick to business very closely generally—Baylis is one of my head men, and Mountfield is another—the bills are shown to another person to see if the items are added up rightly—I don't think that is always carried out when there is only one article; it should be done—I mark the shawls with my own hands, at all times, when I am in town, and when I am out Baylis does it—I cannot tell you what date these shawls were purchased, or how long they have been in my establishment—the 7s. marked on this document, as payment for the shawls, has been received by me—it is in Baylis's ordinary handwriting—I should know, if I saw it, that he had received 7s. for the shawls—he did not say, if he had done wrong he would make it up—he said he knew he had done wrong, and he would make it up—he told me at once that he had sold them for 7s.—I don't know whether he knew that Hempsted was in custody then or not.
Cross-examined by MR. ORRIDGE. Q. Had Baylis any commission in addition to his salary? A. No; only 1l. perhaps perquisites for selling remnants—Hempsted has come into my shop when I have been there—I have been in business there for thirty years—I am well known as the proprietor of the place—I have seen him there many dozens of times—I have seen him, there more than two dozen times within two or three years—he has been in the habit of coming to my shop these five years—I used to think he only called in in a friendly way—I never saw him buy anything—I never knew him as a job buyer in the trade—I have heard since that he is.
MR. GIFFARD. Q. Were you cross-examined before the Magistrate? A. Yes—I have no doubt it was taken down in writing—I remember that gentleman (Mr. Chipperfield) asking me what Baylis said when I spoke to him about selling the things under value—I did not tell him that Baylis said he had done so, and he would make it up to me—I said he said he had done wrong and would make it up to me—I had not then charged him with stealing—I had only said that he had sold under value—I said that his strict instructions were not to sell goods under the wholesale price—I gave no discretion to any one to sell under the price on the drapery side of the house—I did not tell that gentleman that it was very common to buy goods under cost price in the trade—it is no such thing with us—we buy goods as cheap as we can.
JURY. Q. Do you buy under cost price? A. Not to my knowledge-; perhaps job lots are sold under cost price.
MR. BESLEY. Q. Who pays for these shawls? A. I pay for them myself, with my own cheque—I have a regular settling day at the end of the month—I mark the goods before payment, but I have an invoice sent with them—these goods are now worth the full value—they have risen in value—the ticket was shown to me from behind the counter by Mountfield, or one of the younger hands—I did not think it of importance or I might have had it—I read it—I cannot say what became of it—it was found, but it has since disappeared—I have made a search for it, in the shop and in the house, but it cannot be found.
some directions from Mr. Ewin—on 2d September, about a quarter to 9 in, the morning, I was at the corner of King-street, High-street, in private clothes—I was about thirty yards from the shop, I should think—I could see who entered—there was somebody employed in the window of the shop—I saw Hempsted standing at first in front of the shop—Baylis came to the door, and spoke to him—some other person was then engaged close by in the window—Baylis then went into the shop, followed by Hempsted—I did not see what occurred in the shop at all—I then saw Hempsted come out with a parcel under his arm, and shortly afterwards Baylis followed, not more than a minute afterwards—Hempsted was not more than thirty or forty yards from the door when Baylis came out—they went into the Bull public-house in High-street, a few doors from the prosecutor's premises—they remained there some three or four minutes, when Baylis came out, and returned to the prosecutor's shop—a minute or two afterwards, Hempsted came out—he had nothing with him then—I followed him down High-street into the Westminster-road—he then went into Mr. Alderson's, another linen-draper's—he came out with two parcels from there, and went to a pawnbroker's, of the name of Barnett, near the Circus—he came out of there with only one parcel, and went back again in the direction of tin prosecutor's shop—I followed him down the Borough-road into Blackman-street, where I stopped him—I asked him what he had got—he said he had some head-dress pieces—I told him I was a police-constable, and I wished to know what he had—I asked him if he had any invoices with them—he said, "Yes"—I then asked him if he had been into any other shop besides Mr. Alderson's that morning—he said, "No"—I said, "You had better be careful," and he afterwards said, "Yes, I have; I have been to Mr. Ewin's"—I asked him what he purchased there—he said, "Three shawls"—I asked him if he had any invoice for them—he said, "No"—I then asked him how much he gave for them—he said, "Seven shillings"—I told him he would have to go with me to the station.
Cross-examined by MR. GIFFABD. Q. You have inquired, of course, at Mr. Alderson's? A. Yes—Mr. Alderson said it was a transaction done by his confidential man, and he should not interfere in it—I am sure Hempsted said, "Three shawls?—I am sure it was not two—I found two in the parcel—I gave it in evidence before that he said three shawls.
Cross-examined by MR. ORRIDGE. Q. Was the man you saw in the window Mountfield? A. Yes; he was the man who was dressing the window—he was close by when Hempsted came to the door.
WILLIAM CUMMINGS (Policeman, M 196). I went with Mr. Ewin to the Black Bull on 2d September, and got a parcel which contained these two shawls—I afterwards went to the prosecutors shop, and he asked Baylis if he had sold any shawls that morning—he said, "Yes, he had; he had sold two"—the prosecutor said, "What did you sell them for?"—he said, "For 7s."—he then asked him if he thought he could buy the shawls for the money himself—he made no reply to that—the prosecutor then told him to put on his coat; he should live him in charge for stealing the shawls—I then took him into custody—on the road to the station he said, "May I speak to Mr. Ewin?"—I looked round, but could not see him, and told him he had better wait till we got to the police-station—the inspector cautioned him in the usual way, and he then said that he hoped Mr. Ewin would forgive him, as. it was his first time; it was the other man who caused him to do it—the shawls were shown to him in the shop at the time of the conversation.
Cross-examined by MR. GIFFARD. Q. Have you ever said a word before of his having said it was the other man led him into it? A. Tea—I swear that—I believe I did—to the best of my belief I did—I should not like to to say positively—Mr. Ewin did not say when he went into the shop, "Who sold these shawls?" and Baylis did not come forward, and say, "I did"—I mean to swear that positively—he knew it was Baylis had done it by the mark.
Mountfield was here called, but did not answer.
NOT GUILTY .
There was another indictment for a misdemeanour against the prisoners, upon which no evidence was offered.
Before Robert Malcolm Kerr, Esq. 919.
** Confined Eighteen Months
ADJOURNED TO MONDAY, 24TH, OCTOBER.