CENTRAL CRIMINAL COURT
FIRST SESSION, HELD NOVEMBER 21ST, 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.
SESSION I. TO VI.
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, November 21st, 1864, and following days.
BEFORE THE RIGHT HON. WARREN STORMES HALE, LORD MAYOR of the City of London; Sir GEORGE BRAMWELL, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir JOHN BARNARD BYLES, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir JOHN MUSGROVE, Bart.; DAVID SALOMONS, Esq., M. P.; WILLIAM ANDERSON ROSE , Esq., M. P., Aldermen of the City of London; RUSSELL GURNEY, Esq., Q.C., Recorder of the said City; JOHN JOSEPH MECHI, Esq.; SIDNEY HEDLEY WATERLOW, Esq.; and DAVID STONE , Esq., Aldermen of the said City; THOMAS CHAMBERS , Esq., Q.C., Common Serjeant of the said City; and ROBERT MALCOLM KERR, Esq., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate holden for the said City, and Judges of the Central Criminal Court.
THOMAS DAKIN, Esq., Alderman.
SEPTIMUS DAVIDSON, Esq.
HENRY DE JERSEY, Esq.
CENTRAL CRIMINAL COURT.
HALE, MAYOR. FIRST 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, November 21st, 1864.
Before Mr. Recorder.
MESSRS. SLEIGH and GIFFARD conducted the Prosecution.
ROBERT GILFS . I am a clerk in the Agra and Masterman's Bank, Nicholas-lane—the 3d City of London Volunteer Rifle Corps, keep an account there—Major Richards, one of the Finance Committee, was in the habit of signing some of the cheques—this order was presented at our bank on 6th August, and I delivered to the person who presented it a cheque book containing sixty blank cheques, all marked M, 932—the person signed for the cheque book in the register—it was not the prisoner—these five cheques (produced) are part of the book I delivered—this one for 12l. was paid on 8th August; this for 10l. on 10th August, another for 10l. on 17th, another for 10l. on 22d., and one for 14l. on 30th August—I paid the 12l. and the 14l. myself; for the 14l. I gave two 5l. notes, Nos. 28,865 and 28,866, and four sovereigns (One of the notes was endorsed, "T. Turner, 5, Liverpool-street, and the other, Webster, Canterbury; Wilson, 75, Hackney-road).
Prisoner. Q. Are you aware whether any of that writing on them is in my hand? A. I do not know your writing—I paid them to a young man of seventeen or eighteen—I should know him again.
ALFRED RICHARDS . I am colonel of the 3d London Rifle Corps—the prisoner was orderly clerk to the corps till March, 1863, when he ceased to have any connexion with it—we kept our account at the Agra and Masterman's Bank—this order is neither written by me or by my authority, nor are these five cheques—I am acquainted with the prisoner's writing; it varies very much—he writes one hand one day, and a different hand another—I have several letters of his, and my impression is that these five cheques and this order are his writing.
COURT. Q. Is it only on comparison, or is it from the knowledge you have of his writing previously? A. From both—the knowledge I have of his writing is through his letters—I have seen him write, and have communicated with him on those letters—I have had a great many letters from him since he ceased to be a member of the corps.
Prisoner. Q. Can you produce any writing of mine which resembles it at all? A. Yes; this letter of April 7th, 1863, resembles it (produced)—I was aware that you were ill at that time—I received one or two other letters at that time, which purported to be written for you—I was formerly in the habit of signing drill-cards for the men—I remember being sued by a tailor for a bill for clothing for the band—it was a regimental bill—the corps was in debt to the tailor, and I was sued for the money, which was afterwards subscribed for by the officers, myself included.
ROBERT PETER LAURIE . I am an officer of the London Rifle Volunteer Corps—the prisoner was orderly clerk for a considerable time, and ceased to be in the employment of the corps in March, 1863—during all that time I was in the habit of signing cheques as a member of the Finance Committee, with Major Richards—in May, 1863, a new Finance Committee was formed—I then ceased to be a member, and signed no cheques—these five cheques were not signed by me or by my authority, nor do they purport to be—I believe this order for the cheque-book to be in the prisoner's writing—I have frequently seen him write—I have no belief as to the signatures of the cheques; they are a very bad imitation of my writing, which I should detect in a moment.
Prisoner. Q. Can you produce any writing of mine which resembles, it? A. No—I ground my belief on constantly seeing your writing—I believe I have seen you write a name similar to this—I command a company of the regiment—I am major now—I have written company orders on the walls of the room, and my signature is well known to many of the men—I was never told by Sergeant-Major Hunt that on leaving the office you were short in your accounts, but I was told so.
EDWIN BRETT . I live at Peckham Lodge, and am an officer of the 3d London Rifle Corps—I had frequent opportunities of seeing the prisoner write, and of becoming acquainted with his writing—I believe this order and also the bodies of the cheques to be written by him, but have no belief as to the signatures.
Prisoner. Q. When I called at your office in Cornhill and mentioned my illness, did not you say that I had brought it on myself, and that I deserved no sympathy? A. I did—your writing varied very much indeed.
JOSEPH HUNT . I am sergeant-major of the 3d London Rifles—I know the prisoner—after he ceased to be orderly clerk, I took up the accounts, and since that time have always had charge of the bankers' pass-book—it was fetched away on the first of the month, unless that was Sunday—since the prisoner ceased to be orderly clerk, he has frequently been to the office—he called on me at head-quarters, 79, Farringdon-street, in July last, and asked me how I kept my accounts—I said, "Very simply; merely a debtor and creditor account," and I opened the drawer, took out the book, and. showed him—he said, "Suppose you want a cheque?"—I said, "Well, I get it signed and draw it"—he said, "Suppose the bankers' book is at the banker', and you want to know how much money there is at the bank?"—I said, "The cheque-book is always in my possession, and I know at any time"—he thanked me, and retired—previously to that he had been very ill, and recovered—he then came and asked me how I got on with the accounts—I showed him how I kept them, and that they were checked on the first of every month by Captain Brett, so that he was in full possession of how I kept the accounts—I recollect his coming a day or two before 6th August, he brought a letter for the adjutant, who came and spoke to him, and then retired to his room—the prisoner then asked me if I would oblige
him with a sheet of note-paper—I did so—it was the common note-paper used in the office—I asked him if he required an envelope—he said, "No"—he did not write on the paper, but folded it up, put it in his pocket, and retired—I believe the paper on which the order is written to be the same sheet, it is exactly similar to the paper which was then in use—I have seen the prisoner write many times, and believe the order to be his writing—I have seen him write the signature of Major. Richards, so that I could scarcely know it—I know Major Richards' writing.
Prisoner. Q. You said at the Mansion House that you knew that sheet of paper by the water-mark, did you notice the water-mark before you gave me the paper? A. No—I looked over the accounts when you were ill—Mr. Farley wrote up your accounts and not me—on one or two occasions you have been indebted to me for a sheet of paper or an envelope—Colonel Laurie introduced me to the corps—I am not certain who wrote the receipt for 25s. which I brought to you in. bed but I believe it was Mr. Laurie—you write so many hands that it is difficult to say, but I believe this order for a cheque book is in your writing, I can produce writing of yours like it—the committee meetings of the members, of the corps have sometimes been held at the office, but not always—I met you in Farringdon-street about four months ago, and said that I had been looking for you, as I wanted you to write a document—that document was connected with the promotion of Major Richards—I told you that a number of the men were getting up a petition for him to be Colonel—I signed it and others did—I have frequently seen old cheques hanging up in the office within reach of anybody, at the time you had charge of them, but not since—they were put under look and key when you left—on 1st December the pass-book showed a deficit, including what has been drawn by false cheques.
PETER MILNE . I am armourer of the corps and reside at the headquarters, Farringdon-street—I was there during the whole time the prisoner was there—I have seen him write—this order is not like his general writing, but he wrote in many different ways—my belief is that it is his writing, founded on what I have seen him write—the bodies of these cheques I also believe to be his—he never borrowed money of me, but I have given him 6d. or a 1s. because I thought him very badly off—I am not sure whether it was in April or May—he seemed to be in bad circumstances by his appearance generally.
Prisoner. Q. Do you recollect in the first week in August my receiving an envelope from Mr. Hunt, and addressing it in your presence. A. Yes—I believe I was present then—I believe he then asked you whether you wanted a sheet of note paper—you appeared respectable in the middle of July, when you went with me and Mr. Spriston and paid for a pint of stout—I remember Gardener, a member of the corps, being tried—I do not know whether it was at the Middlesex Sessions—he has often been in the office—I have not seen him write for Mr. Hunt or address envelopes—he was only there as a member of the corps, which he still is—the rifles belong to government, and several of them are missing, but whether members have gone away with them I cannot tell.
HARIETTE MILNE . I am the wife of the last witness, and have known the prisoner—on Saturday, 6th August, the Rifles left town for Harwich, at 6 o'clock in the morning—about 10 o'clock that morning prisoner came to head-quarters, he stayed in my room about half an hour—I bade him goodbye and he left—I went out, and in 10 minutes came back and saw him there again—he did not explain what he was doing but went away—he came.
again at a little past 1 o'clock and asked for a ticket for one of the corps to go to Harwich—he was accompanied by another young man who I thought the ticket was for, who was about 18 years old and fair—I did not know him as a member of the corps—I said that there were no tickets in the place, and never were any after the men went away. I may have said that it was the same as it was when he was there—he said that they could not go—I met him again that week, but he merely asked me how I was.
Prisoner. Q. Do you clean the office? A. Yes—I cannot say that I ever saw any cheques there, hung up on files.
ELSPETH JANE MILNE . I am a daughter of the last witness—on the day the Rifles went to Harwich the prisoner went up to my mother's room about 10 o'clock, and not long after he had left, I saw him on the opposite side of the way walking about—about half an hour after my mother went out, he came and stood on the stairs and asked me for a quill pen—I was not able to give him one—the office was then locked up, but I think the keys were up stairs in the room.
Prisoner. Q. Do you recollect your sister Charlotte telling your mother that she had seen me that morning? A. Yes, and she went out and told you to come up stairs—when she went to Farringdon-market you went down stairs with her—you waited till she came back, and then she went to Newgate market.
MR. GIFFARD. Q. When he asked you for the quill, where was your mother? A. She had gone to Farringdon-market.
MARY JONES . I am the wife of Joseph Jones, of 1, Owen's-court, Goswell-road—the prisoner came to lodge with us a fortnight after Easter and left three months last Wednesday—I used to call him "Lane"—he had his wife with him, she said that he was a clerk—they appeared respectable, but not well off—he used to go out after dinner.
Prisoner. Q. When I left your house did I go to Remmington-street? A. Yes, I called there several times—I never saw you with any money—you paid me.
MARY BELCHER . I live at 31, Remmington-street, City-road—the prisoner and a woman came to lodge with me on 24th August—I do not know at what time he used to go out, as I have a business, but I used to see him come home in the evening—they were only there three weeks—I saw very little of them—they went by the name of Lane.
MARY ANN KNIGHT . I lived with the prisoner at Mrs. Jones's, Owen's-court—we passed as Mr. and Mrs. Lane—we afterwards removed to Remmington-street, I cannot remember the date—on 30th or 31st August I bought a silk jacket at Mr. Smith's, a draper, of Middle-row, Holborn, for a guinea—I got this invoice at the time—I paid with a 5l. note, which a gentleman gave me; you all know what I am—the gentleman is not in Court to-day—I had it as a present—the prisoner did not give it me—I never saw him with anything more than gold and silver—he has always had gold and silver for the four years I have known him—he has never been without—I lived more than two years with him, and was living with him in Remmington-street up to the time he was taken—I showed him the jacket—he did not know that I was going to buy it till I brought it home—I can swear that the prisoner is not the person from whom I received the £5. note—I do not know that he has a companion, a young man of 18, of fair complexion—I do not notice their complexions, and I do not know dark or fair—I did not see him with a man of fair complexion when I showed him the mantle: he was alone and nobody else saw it—he went out that day, it might be at
ten, or four, or six; when he went out I used to go out. Mr. Wilson, whose name is on the back of this note, is the gentleman who gave it me I wrote his name—this is my writing. Mr. Wilson gave it me on the morning of the day I bought the jacket—I should not know him again, but he gave it me as a present, what for Mr. Funnell will explain—I met Mr. Wilson in Oxford-street, and was with him two hours—I cannot tell you where he lives—if I were a gentleman tomorrow I would not tell a lady where I lived on such an occasion—I have never been to the head-quarters of the corps—I did go to the private residence of Colonel Richards when my poor dear fellow lay on a bed of fever—I went for my office money, and he said that it was through being in public-houses, I said that it was false. I have also been to Mr. Laurie for my office money for cleaning the office—the prisoner was not in very bad circumstances up to July—I did go and ask for money, and say that lie was almost starving, that was when I had spent a great deal; through his being ill, I was rather low.
Prisoner. Q. Were you very well acquainted with the Milne, family and Sergeant-major Hunt for several years. A. Yes, I may have been in the company of most of the officers of the corps, I should not know any difference—in March, 1863, when you were very ill, I went to the office and asked Major Hunt for your policy of insurance which was about to expire—he would not give it to me, but one of the officers took it in hand and found it for me—Sergeant-major Hunt was not friendly to me, he was not on good terms even, there was a prejudice—one of the sergeants of the regiment wrote a character for me—the sergeants know me, but I will not know them—I have received two 5l. notes within the last three months. On 13th August I went to the Isle of Wight for two or three days—I did not tell you where I was going till I came home—a week afterwards I showed you a note with a number of names on it—I made the party who gave it to me put his name on it—he wrote something, I do not know what name it is—a week or two after we went to Remmington-street, a cab came to the door at 12 o'clock at night—two gentlemen belonging to me were in it—I was out and came up to the door just as they were going away—it was one of those gentlemen who gave me the latter 5l. note, I went to the Isle of Wight with him.
MR. GIFFARD. Q. Do you mean the note that you bought the jacket with. A. No, that was bought with the note I received in Oxford-street, this one—this "Mr. Wilson" is my writing—the gentleman would not put his name on it, but told me to use his name, and I wrote his name down—this one with a number of names on it, is the one I received in the Isle of Wight—I changed that at Mr. Chapman's; I think the name is the Sportsman, in the City-road, opposite a china shop and next door to a church—the prisoner has not been in any employment this year—the prisoner is not to be liable for what I do; I am a lady, getting my living honestly and plenty of money if they will give it to me, and if they do not they will not have me.
JOHN CHAPMAN . I am in the employment of Mr. Smith, draper, of Middle-row, Holborn—I could not swear to seeing the last witness at our shop on 30th or 31st August—this invoice is my writing—looking at that I can say that I sold a silk jacket to a young woman and gave that invoice—the price was 21s.—I received a 5l. note in payment—I gave it to the young lady to put her address on it, and then gave it to Mr. Smith, who endorsed his name on it—this is the note—I saw the female write the name on the back.
31st August my shopman handed me this 5l. note—I can't say on what day I received it; I paid it in to the bank on the 31st.
EDWARD FUNNELL (City-policeman). On 15th September I took the prisoner into custody, at 31, Remmington-street, City-road—he had a leather bag there—I asked him if the bag belonged to him—he said yes—I took these papers from a side pocket in the bag—I said "Are these yours?"—he said, "Yes, they are all mine"—there were a good many more than these—amongst them is a letter addressed to Corporal Law from Colonel Richards—I told him the charge—he said he knew nothing about it—I found 4l. on him—I also found in the same room another sum of 4l.—that was claimed by Mary Ann Knight—I gave it up to her—I found this invoice of the jacket amongst the papers.
Prisoner. Q. Do you see the two notes, the proceeds of the 14l. cheque. A. Yes, the other note was paid for a watch—I have not found out the purchaser of the watch—the shopman who sold it told me he should know the party again to whom he sold it—this note has on it, "T. Turner, 5, Liverpool-street,"—I have been to that address; there was no such person living there—this note has not been traced to your possession.
The prisoner in a long address commented upon the facts, and insisted that the evidence of Mary Ann Knight entirely exonerated him from the charge.
GUILTY .— Five Years' Penal Servitude.
There were other indictments against the prisoner.
MR. DALEY conducted the Prosecution, and MR. PATER the Defence.
JOHN PARKER I am a brass finisher, of 23, Henry-street, Hampstead-road—on Saturday evening, 29th October, between 7 and 8 o'clock, I met the prisoner at the corner of Milk-street, Cheapside—she touched me on the shoulder, turned me round, and asked where I was going to—I said home—she said, "Can't you take me home with you"—I said no I could not—she was talking to me a little while and then said, "Will you treat me to a glass of ale before you go,"—I said I did not mind, and I treated her to a glass at a public-house close by—she came out with me to the corner, asking me a few questions—I said I could not stop any longer—I turned round to make ray way home, and felt my watch go out of my pocket—it was perfectly safe when I was in the public-house, attached to a guard—the prisoner directly ran away; two men came up and asked me some address, trying to stop me from running after her—I ran between them and went after her—I fell down, got up again and pursued and caught her—I called her a b——, and with that she gave me my watch—she then blackguarded me and called me everything, and ran away again—I ran after her again and gave her into custody.
Cross-examined. Q. Were you sober? A. Perfectly—I had been down to Whitechapel on business, and left there about 6—I treated the prisoner because she asked me—the first time I saw the men was after coming out of the public-house—at the time the watch was being taken, I had not been taking any liberties with the prisoner—she did not say, "Here is a policeman coming," and then go away—I saw the watch in her hand—she returned it to me before the policeman came up—I had not taken it out of my pocket.
WILLIAM WALLER (City-policeman, 121). I met the prisoner in Church-passage—she ran into my arms—she said, "This is a pretty thing, this person charges me with stealing his watch"—the prosecutor and several persons were behind her—I said, "Where is the watch?"—the prosecutor said, "She has just given it to me, here it is"—I took her to the station.
Cross-examined. Q. Where did you see the prosecutor? A. About three yards behind her—he was quite sober.
GUILTY .*†— Confined Eighteen Month.
JAMES HALL . I am a coach-builder, of 49, Shouldham-street, Bryanston-square—I was in the Old Bailey last Monday, the morning of Muller's execution, about a quarter to 9—I had 19s. in silver and a latch-key loose in my pocket—I kept my hand in the pocket where the silver was—while my hand was there my hat was knocked off, I don't know who by—I took my hand out of my pocket to catch my hat—I saw the prisoners—I caught Shaw's hand in my pocket—I caught hold of it, but could not hold it—I saw the silver in his hand passing it to Hart and Chips—I saw him give some to each of them.
Cross-examined. Q. I suppose there was a great crowd where you were? A. Yes—Shaw was a stranger to me—I did not give him into custody—he was taken some time afterwards, not in my presence—I went to the station and saw him there—this was before 9, as near as I can remember, a quarter to 9—I left home at half-past 7 with the 19s. in my pocket—I am a journeyman—I did not spend any of it—it was in my right-hand pocket—it was about 10 o'clock that I saw Shaw at the station—I was alone in the crowd—I caught Shaw's hand in my trowsers-pocket—as he was drawing it out, some of the money dropped on the pavement—I have not the least doubt of Shaw being the person—I was sober; I had had nothing.
Chips. He took his oath that he was robbed at ten minutes to 9, and I was taken to the station at twenty-five minutes to 9, and it took us ten minutes to go there—I don't know either of the prisoners. Did you see me with Shaw? Witness. Yes; I saw you all together before you picked my pocket—I did not swear to the time I was robbed—I said I could not say exactly—I saw Chips and Hart taken into custody in less than five minutes after I had lost my money.
MR. WILLIAMS. Q. Have you any doubt that they are the two men to whom Shaw handed the money? A. Not the least.
GEORGE BRYCE HAINES (City-policeman, 235). On the morning of Muller's execution I took Shaw into custody about half-past 9 o'clock—I searched him, and found a knife on him—the other two prisoners were brought to the station, between a quarter and half-past 9, on another charge.
Cross-examined. Q. Were they searched? A. They were—I did not search them; I believe money was found on them—when the prosecutor came in there were seven prisoners together, and he identified the three prisoners—Shaw gave a correct address.
ROBERT ROMANESS (City-policeman, 82). I was on duty at the Old Bailey on the morning of Müller's execution—I saw Hart and Chips there—they were together—I took Chips into custody about a quarter to 9—I
am certain it was before 9—I searched him and found on him fivepence in copper, no silver.
WILLIAM TURNER (City-policeman, 474). I was present when Hart was taken into custody at a quarter to 9—I searched him and found 14 1/2d on him, a fourpenny piece, sixpence in silver, and the rest in halfpence.
Hart. He knows what I do for a living. Witness. I have known him to be selling things about the streets this summer.
SHAW further PLEADED GUILTY to a previous conviction. Confined Eighteen Months.
JOHN PLATO . I am an estate agent at Chesham, Bucks—on 14th November, about a quarter to 9 in the morning, I was in the Old Bailey—I had a gold watch in my waistcoat-pocket underneath two coats, which were buttoned up—I was standing still—there was a rush made and my hat was knocked off, but it was chucked up about a minute afterwards—I felt as I thought two hands at my waistcoat-pocket, my coats were torn open, and my waistcoat-pocket torn out—I had but 2 1/2 d. there, and that was taken—I had nearly 40l. about me, but fortunately they did not get that—I had not gone to see the execution, I was only passing—when I felt the hands at my waistcoat-pocket, I looked down and Chips had the key and part of the chain in his hand—I caught hold of the chain and it broke—I had one part and he the other—they then hustled me and knocked me down; there were a great many in it, no doubt—I saw Chips and Hart, and Rayner stood by the side of me—when they knocked me down they got hold of my person, and I was never in such pain in my life—Rayner was on me when I was down—I said, "For God's sake let me get up, or I shall be murdered'—I was quite helpless—the prisoners kept close to me—I sang out "murder, police"—two constables ran to my assistance, and when I got to the barrier Rayner pretended to be my friend, but it was only a piece of hypocrisy on his part—they all attempted to run away, but the police got hold of them.
Hart. Q. Where did I have hold of you? A. You did not have hold of me, you stood in front to keep me down—I don't say that you had your hand in my pocket.
Chips. Q. Do you say that I had one part of the chain? A. Yes; I saw it in your hand—you know best what became of it.
Rayner. Q. Did you not acknowledge at the station to my assisting you? A. When we got to the barrier, not before—you did not pick up my hat I and put it on my head—you helped me under the barrier.
ROBERT ROMANESS (City-policeman, 82). I was on duty in the Old Bailey, at a quarter to 9, on the morning of Müller's execution—I heard I cries of murder and police—I made my way to the spot as quickly as possible I and saw the three prisoners making their way through the crowd—I took I Chips into custody, took him to the prosecutor, and he identified him directly—the other two prisoners were close by, within a yard or two—they were taken into custody in my presence.
COURT. Q. Did you search Chips? A. Yes; I found nothing on him but fivepence in coppers.
opposite the Governor's house—I heard cries of "Murder!" and "Police!"—I made the best of my way through the crowd to the spot, and saw the three prisoners together—I attempted to take Rayner into custody—he tried to escape by getting under one of the barriers—I took him to the station-house with great difficulty—he made several attempts to get away—other parties tried to rescue him—I found on him eightpence halfpenny in money, two common keys, a small piece of chain, and a purse—this piece of gold chain I received from the prosecutor—I did not find the other part.
Rayner's Defence. I assure you I am entirely innocent of the charge; I know not these men; I was in the crowd; I assisted the prosecutor all I could when he called out; I pushed him under the barrier, and he turned round and thanked me for it; about five minutes afterwards the policeman seized me; I went voluntarily to the station and gave my name; if it had not been for me the prosecutor would have been dreadfully ill-treated.
JOHN PLATO (re-examined). I am satisfied in my own mind of the man who ill-treated me, but I would not swear to him—I am positive Rayner had something to do with keeping me down—it was the police coming up that made him turn round to render me a little assistance in getting under the barrier.
RAYNER further PLEADED GUILTY to a previous conviction in 1862.—A Witness deposed to his recent good character.
—HART and CHIPS Confined Twelve Months.
—RAYNER, Confined Nine Months.
6. CARL JAUCHERT (17) , to stealing 1 cash-box, I order for 22l 11s 10d. and 33l. 13s. 7d. in money, the property of Henry Saton and another, his masters.— [Pleaded guilty: See original trial image.] Recommended to mercy. — Confined Twelve Months.
9. WILLIAM BORWICK (30) , to a burglary in the dwelling-house of George Everard, and stealing 9s. 8d., his money, having been before convicted.— Confined Eighteen Months. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, November 21st, 1864.
Before Mr. Common-Serjeant.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
MARY ANN GRAY . I am assistant to Mr. Edmunds, a hosier of Broadway, Westminster—on Saturday, 29th October, about half-past 9 in the evening, the prisoner came, and asked for three penny paper collars—he gave me a half-crown—I thought it was not good, showed it to the other assistant, and then to Mr. Edmunds—I did not lose sight of it.
WILLIAM HENRY EDMUNDS . I am a hosier in the Broadway, Westminster—on Saturday night, 29th October, I received a bad half-crown from the last witness—I went into the shop, and asked the prisoner where he got it from—he said, "At the corner of Red Lion-street, Holborn"—I said, "Have you any more?"—he said, "I have got plenty of money"—I said, "Where
do you live?"—he said, "I shan't tell you"—I said, "I shall send for an officer"—I did so, gave him into custody, marked the coin, and gave it to the constable.
THOMAS WATERMAN (Policeman, 114). The prisoner was given into my custody with this half-crown (produced)—I asked the prisoner where he got it—he said from his master, Mr. Waghorn, coach-proprietor, Rugby-yard, Lamb's Conduit-street—I asked him whether he had got any more about him—he said, "No; do you think I am such a flat as to have two pieces?"—I asked him whether he had any money about him—he said, "Yes, I have"—I said, "How much?"—he was then putting his band in his pocket, and I pulled it out, and there was a florin, two shillings, three sixpences, a fourpenny-piece, and 10d. in copper—I asked him if he had any more—he said, "Don't you think you have got a flat to deal with; I know how far I can go with one piece; it will only be a remand for a week, and then turned up—"turned up" means discharged—on the way to the station I told him it was no use his sending me over to Lamb's Conduit-street, for I knew better—he said, "Well, if you must know, I live at No. 1, No Man's-street, and you may find it out if you can."
Prisoner. My father lives at Lamb's Conduit-street. There is a person named Waghorn, a coach-proprietor, there.
Witness. I went and saw Mr. Waghorn—there is such a person.
PLEADED GUILTY.*— Five Years' Penal Servitude.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
JANET GREEN . I am the wife of George Green, of Doctor's Commons, a grocer—on 21st October, about 11 in the morning, the prisoner came for 1/2lb. of cheese—I served him, and he gave a five-shilling-piece—I bit it, found it was bad, and told him so—I marked it with my teeth, and afterwards. put a cross on it—he said he did not know it was bad—I said, "Wait a few minutes, and I will let you see"—Í took him to the door of the shop, and as soon as I got him there, he ran away as fast as he could—a policeman ran after him, and brought him back with the crown—this is it (produced).
Prisoner. Q. Did you mark it in the shop before I went away? A. Yes, with my teeth—I afterwards made another mark on it at the police-station.
EDWARD MILLS (City policeman, 308). The prisoner was brought to the Fleet-street police-station, on 21st October, by a man named Scott, who was a policeman then—he is discharged now—he produced this crown—I took the charge—Scott took him to Guildhall.
GEORGE HENRY SCOTT . I took the prisoner in Upper Thames-street—he was running away—this crown (produced) was given to me at the door of Mrs. Green's shop—I afterwards took him to Guildhall—he was remanded till the Monday, and then discharged.
him with 1/2oz. of tobacco—he gave me a half-crown—I rung it on the counter, and found it was bad—I told him so, and he offered me some pence—during that time I was trying the half-crown with nitrate of silver—I then placed it on the counter; the prisoner took it up and ran out of the shop—he saw me trying it—the nitrate turned the coin black—it would not turn a good one black—I ran after the prisoner, and caught him about two yards outside the door—at that time a lady named Steer was in the room behind the shop—I called to my wife, and Mrs. Steer came out—when I caught him he tried to fling the half-crown away, but it fell by his side, and Mrs. Steer picked it up—she afterwards gave it to me—she picked up what the prisoner threw away—it had the same mark on it when she gave it to me—I marked it with a "W" at the police-station, and gave it to the constable.
MARY ANN STEER . I was at Mr. Wright's on 31st October—I heard him call for his wife, and I ran out, because I was nearest the door—I saw him overtake the prisoner outside the shop—he had hold of him when I came out—I saw the prisoner throw away a half-crown—I picked it up—it fell close to the prisoner—he was trying to take it up—I went to call a policeman, and when I came back I gave the half-crown to Mr. Wright.
Prisoner's Defence. No crown was taken out of my hand. Another man gave the policeman the crown.
GUILTY .*— Confined Twelve Months.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
JAMES HERBERT . I am a shopman to Mr. Fell, a leather-seller, of 35, Weston-street, King's-cross—on Saturday night, 29th October, between 8 and 9, the prisoner came in, and asked for a pennyworth of hob nails; he gave me a bad shilling—I said, "This is a bad shilling"—I bent it with my finger and thumb on the counter; it bent easily—I then gave it back to the prisoner—he said, "Is it," and gave me a florin which was good—I gave him change, and he went away, taking the bad shilling with him—about half an hour afterwards, I saw the prisoner at Mrs. Stevens's shop.
MARY ANN STEVENS . My father keeps a cook's shop in Weston-street, King's-cross, next door to Mr. Fell's—I assist in the shop—on Saturday night, 29th October, I saw the prisoner in our shop about 9 or half-past—he asked for a pennyworth of pudding, and gave me a shilling—I put it in the till—there were other shillings there—I gave him change, and he left—I saw him again in about two or three minutes—he asked for another pennyworth of pudding, and gave me another shilling—I bent it in the detector, and told him it was bad—he said, "Oh! is it?" and gave me a good half-crown—I gave him back the shilling I had bent, gave him the change for the half-crown, and he went away—there was a woman at the counter at the time he went out, but no man—after he left the second time, I looked in the till, and found a bad shilling lying just at the side of the till, quite close to the other money—I directly went out after the prisoner, and found him in Brewer-street, which is the first turning on the left, talking to another man—I said to the prisoner, "This is a bad shilling, that you gave me, too"—he said, "Oh! is it?" and gave me a good one—I kept the bad one in
my hand, got a constable, and gave the prisoner into custody—I afterwards saw the bent shilling which I had given him, and recognised it—this is it (produced).
Prisoner. Q. Did not a man, with a blue pilot jacket on, come in and ask for a pennyworth of pudding, and gave you a shilling directly I came out. A. I did not notice any such person—there was a woman there—I can't swear that another man did not come in.
THOMAS HOLMES (Policeman, S 216). The prisoner was given into my custody on the evening of the 29th October, about 9 o'clock, by the last witness's father—she gave me this shilling—this bent one I got from the prisoner—I asked him for it, and he gave it me out of his pocket—I searched him at the station, and found a half-crown, two shillings, three sixpences, and 1s. 8d. in copper, all good money, and several hob nails.
Prisoner's Defence. The first shilling I am innocent of; I know nothing about it. I never tendered it at all The second shilling I got from my work—I got 1l. 1s.—I changed the sovereign at the City of York, and that is were I got the bad shilling, but I did not know it was bad. I did not run away.
Five Years' Penal Servitude.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
MARY ANN RICHARDS . I am the wife of Mr. Richards, a ladies' out fitter, of West Brompton—on 3d August, about 5 o'clock, the prisoner came for a paper collar—I had not got one, and she took a linen one at 6 1/2d.—she put a crown on the counter—I rung it, and having doubts, rung it again—my husband came in, and a young lady gave it to him in my presence—I never lost sight of it—the prisoner said that she did not know it was bad—I marked it in her presence, and the prisoner took it from my husband.
THOMAS RICHARDS . On 4th August, I was in a little room behind my shop—I saw the prisoner come in, and heard the crown ring—I doubted its being good, walked forward directly, and asked the prisoner where she got it—she said she did not know—I said that I should give her in charge—she became exceedingly violent and saucy, pushed me on one side, and rushed out of the shop—I caught her in a blind alley close by—I gave the crown to the policeman.
JAMES MANLY (Policeman, V 347). Richards pointed out the prisoner to me—I took her back to the shop, and charged her—she said that she was an unfortunate woman, and a gentleman gave it her—she gave her name, Eliza Watson—I took her to the police-court—she was remanded, and then discharged.
JANE STRATTON . On 19th September, at a little after 8 in the morning, the prisoner came to our shop and asked for one pound of sixpenny pieces, and she gave me a florin—I had no change, and sent my servant to get it at Mr. Burroughs, who keeps the Corner Pin—the barman afterwards brought the florin back, and I broke it in two—the prisoner had then gone—I put the pieces in my pocket, and afterwards locked them up—next night, about 9 o'clock, the prisoner came again for a pound of pieces; she gave me a
florin, I put it in the trier, and broke it in two—I took her by the shoulder, told her it was bad, and that it was the fellow to the one she gave me yesterday morning, and I should detain her till a constable came—she said that she did not give me one on Monday morning—she left the shop before a constable came, and I sent my servant after her, but she was not taken—I afterwards sent my servant with the broken florin to the station; she brought it back and I locked it op, and next day gave them both to D 222—the first one is in two or three pieces—I marked them.
SUSAN BAILEY . I am servant to Mrs. Stratton—on 19th September I saw the prisoner give her a florin, which I took to the Corner Pin and gave to Weaver the barman, who gave me the full change, and I left the florin with him—I was in the shop when he brought it back, and my mistress broke it in the detector—next night, about 9 o'clock, the prisoner came into the shop; I recognised her, and my mistress said something about her—the man served her, and she gave my mistress a bad florin—I tried to keep the prisoner, but she was very violent and I could not hold her—she got away, and I followed her and told a policeman, who went after her, but lost sight of her.
JAMES WEAVER . I am barman at the Corner Pin public-house—I changed this florin, and put it in the till; there was no other florin there—I shortly afterwards looked at it in consequence of something which was said, and took it back to Mrs. Stratton—I am sure it is the same; it was the only coin in the till.
EDMUND ARNOTT (Policeman, B 242). Bailey pointed out the prisoner to me, but I could not take her that night; I took her the next day in Orchard-street, Westminster, and told her it was for passing a bad florin at a butcher's near Strutton-ground—she said, "You are mistaken"—Mrs. Stratton identified her—a sixpence, a penny, and two duplicates were found on her.
Prisoner's Defence. I did not go into Mrs. Stratton's shop at all on Monday morning, and on Tuesday evening I was not aware it was bad. I am an unfortunate girl, and had it given to me.
GUILTY .— Confined Nine Months.
EDWARDS PLEADED GUILTY .— Confined Nine Months, and MR. CRAUFURD offered no evidence against Murphy.
NOT GUILTY .
MR. CRAUFURD conducted the Prosecution.
CATHERINE ENRIGHT . I am barmaid at the Raglan public-house, Theobald's-road—on Monday night, 31st October, I served the prisoner with half a quartern of gin; she gave me a half-crown—I took it to Mrs. Hart, who gave it to Mr. Hart—I never lost sight of it.
HENRY HART . I received this half-crown from my wife—I told the prisoner it was bad—she said that she received it from her daughter, and did not know it was bad—I gave her in custody with the half-crown.
in her boot—she took it out and was making a hole in the side of her dress 10 put it in—I took it from her.
GUILTY .*— Confined Nine Months.
MR. CRAUFURD conducted the Prosecution.
HENRY KING (Policeman, B 283). On 3d November I was on duty in Orchard-street, and saw the prisoner standing talking to two men in a corner—I watched them—the prisoner left them for a short time, returned, and nodded before she got to them—she then left them and went towards Dean-street—I followed her; she did not see me till she got to the corner by the Broad Sanctuary, where she threw a parcel down an area twenty yards from me on the opposite side—I did not hear it fall; I only saw the "go" of her hand—I looked into the area, and saw three half-crowns lying separate—I picked them up and followed the prisoner, and took her in custody.
JOHN TOWNSEND . I am a shoe-black—on 3d November I was at the corner of Dean-street with another shoeblack, and saw a policeman walking quickly, and the prisoner in front of him—directly she got to the corner, I saw her throw a paper parcel over the railings into an area—I did not hear it fall—the constable got over, picked it up, and followed her—I then looked over the area railings and saw two half-crowns lying in a corner—I went into the area and found a paper parcel containing bad money, rather tightly done up—I did not open it, but it was burst a little, and I saw that it was money—I gave it to the constable just as I found it.
Prisoner's Defence. I was talking to the two men about my husband going away. I know nothing of the coins.
GUILTY .—The Mint officer stated that she had been getting her living by counterfeit coin for ten years.— Five Years' Penal Servitude.
The following prisoners PLEADED GUILTY:—
17. JOHN BURN *† (27), and WILLIAM RICHARDSON *† (37), to unlawfully uttering counterfeit coin after a former conviction.— Ten Years' each in Penal Servitude. [Pleaded guilty: See original trial image.]
20. ELIZA ANN BARNETT (18), GEORGE BARNETT (20), and WILLIAM CRAWFORD (26) , unlawfully uttering counterfeit coin, having other counterfeit coin in their possession; to which George Barnett and Crawford
PLEADED GUILTY .— Confined Nine Months each. No evidence was offered against Eliza Ann Barnett.—
NOT GUILTY .
OLD COURT.—Tuesday, November 22d., 1864.
NOT GUILTY .
NEW COURT.—Tuesday, November 22d., 1864.
Before Mr. Common Serjeant
MESSRS. CRAUFURD and GIFFARD conducted the Prosecution, and the evidence was interpreted to the prisoner.
ELIZA CONNELL . My father keeps the Duke of Cambridge, Peter-street, Islington—on 7th October, about 10 in the morning, the prisoner came and asked for change for a sovereign—I went up stairs to my mother to get it, as we had not enough in the bar—I put the sovereign he gave me on the dressing table in my mother's room—the prisoner asked for a half-sovereign, and I gave it him and some half-crowns—my father and mother looked at the sovereign, and a neighbour named Norwood came in and looked at it through a magnifying glass—I saw it marked and given to Webb—this (produced) is it.
CHARLES NORWOOD . I am a cheesemonger, of 11, St. Peter's-street, Islington—I examined the sovereign through a magnifying-glass, and noticed a peculiarity in the fiat surface of the ear, and that the "A" in Britannia was an inverted "V," it had no cross to it—I believed it to be bad, threw it on the counter, and gave it to Mrs. Connell—this is it.
THOMAS CONNELL . I keep the Duke of Cambridge—on 7th October my daughter gave me this coin—I did not ring it—I believed it to be good, and authorized her to give change for it—I gave it to the policeman.
GEORGE APPELL . I am barman at the Packington Arms, Packington-street, Islington—on the 7th October, about noon, the prisoner came for a glass of stout—I served him—he gave me a sovereign which I at once detected to be bad, by its appearance and ring; it had a dullish brassy sound—we had taken one previously, and this looked like it which made me tell it quicker—I showed it to Mr. Humphreys, my master—I told the prisoner it was bad; he said a good deal in his own language, and said in broken English that it was good—I asked him to leave his name and address, but he did not seem to understand what I said—I gave him back the coin and allowed him to go—he left the beer—the coin was exactly like this one produced—I did not look at the date.
JAMES ATKINS . I am a licensed victualler, and keep the Red Cow, 4, King-street, Snow-hill—I have known the prisoner somewhat over five months—one afternoon between the 13th and 15th October, between 4 and 5 o'clock, I heard him ask my barman for change for a sovereign—I did not hear it sounded, but my wife asked me to see if it was good—I weighed it, and the weight was perfectly good, but I did not like the ring of it; it had the same sort of ring as this—I refused to change it, and gave it back to the prisoner—he said, "Oh, you no change this sovereign; it is very good, very good," and went out of the house—I had seen him at my house on many other occasions, and had changed sovereigns for him on two occasions, which I afterwards paid away—he once brought me 2l. worth of good silver, and I gave him gold for it.
MARIANNE COLLINS . I keep a tobacconists shop, at 1, Railway-place, Shoreditch—on 13th October the prisoner came in, took off his hat, and said "Good morning"—I was alone; I served him with two cigars at twopence each—he tendered a sovereign, and asked for big money in change—I said that I could not give him all large money, and he asked for a half-sovereign, which I gave him, and 9s. 8d. in silver—after he left, as I thought the
sovereign sounded different to the other, I examined it and tried it with nitrate of silver, And as it did not turn black, I put it on the shelf with a George sovereign, this being a Victoria—next morning Sergeant Oliver came and enquired, and I marked it and handed it to him.
WILLIAM COOK . I keep the Salisbury Arms, Camomile-street—on the evening of 13th October, the prisoner came for a glass of ale, which came to twopence—he tendered me a sovereign—I rang it on the metal, and said, "What do you call this?"—he said, "A good sovereign"—I asked him if he had any more of them—he said, "Yes, plenty"—I sent for an officer, and the prisoner became very violent—I marked it with a cross and handed it to the officer—this is it—he was very violent, both in the street and in the station, and tried to get away from the officer.
——RIHORST. I am a British-born subject, and am perfectly conversant with the German language—I was present at the Mansion-house, and acted as interpreter for the prisoner—he made this statement in German which I interpreted—(Read: "I will account for how I got this money. I pledged my watch, and they paid me in English money. I sold a ring for 1l. at a coffee-house. I told them where I was residing")—that is correct.
DAVID CLEVES . I am assistant to Mr. Wilson, a pawnbroker of Goswell-road—on 12th October, at the latter part of the day, the prisoner pawned a gold watch for 2l. in the name of John Bevere—he spoke broken English, so I suppose he meant "Biber"—I made signs to know whether he lived in Goswell-road, and he said, "Yes" I paid him 1l. in gold, and 1l. in silver, and he gave me twopence for the ticket—I examined the sovereign; it was a genuine one, and the ring was good.
GEORGE OLIVER (City-policeman, 31). Mr. Cook gave the prisoner into my charge with this sovereign—I asked him where he got it—he did not seem to understand me, but said in broken English that it was bad money—I asked him at the station where he lived, and be would not tell me—he said, "I shall give no account of myself"—I am sure he used those words—he said, "l am a watchmaker," that he had been in England nearly three months, and had had no work during that time—I found on him a purse containing 1l. 10s. in gold, 2s. 4d. in silver, and threepence in copper—a second purse containing two rings, a watch key, and a "charm;" a cigar-case, several papers, and some stuff which he calls tea, but it appears like flowers ground up—he had two more rings on his fingers, and a pin in his scarf—I received this sovereign from Marianne Collins on 17th October.
JOHN MILLER . I am principal of the gold weighing room at the Bank of England—this sovereign (Mr. Cook's) is counterfeit—it seems to have been coined by a die similar to the Mint die; it is a very good imitation, and the value of the gold in it is 17s.—the other (Collin's) appears to be of the same date, and as far as I can judge from the same die—they are both counterfeit, and can only be told by the ring, which approaches more to the ring of a halfpenny—by examining them very minutely, I can discover imperfections; the cross of the "A" is left out, so that it looks like an inverted "V"—it would be very difficult to detect if a person did not try it by the ring—they are both dated 1851—this one dated 1855 (Connell's) is of the same class, and is counterfeit—some of them are under, and some over current weight, but the difference is very minute—this sovereign found on the prisoner is good.
COURT. Q. I suppose you are sure that these three are all counterfeit?
A. They are—the making and coining of sovereigns is exclusively in the hands of the Mint—I do not think any coin is made at Birmingham by contract—if these coins contained as much gold as the genuine, but were not made by the Mint, I should call them counterfeit.
WILLIAM WEBSTER . I am inspector of coin to Her Majesty's Mint—only the copper coin is made by contract; the gold and silver is made in the Mint, and so it was in George III.'s time—the new copper currency was all struck in Birmingham—these sovereigns are not genuine—they are not struck from the Mint dies.
Prisoner's Defence. I was not aware whether the gold pieces were genuine; I received them as good, and spent them as such. I never was aware of having put in circulation any bad money. I told him where I was living. I received the money at the pawn-shop. I pledged the watch for 31, which I can prove.
GUILTY.— Judgment respited.
ROBERT LIBBY . I am a mine share-dealer—on Saturday evening, 19th November, I left the Jamaica coffee-house with a friend, Mr. Tyack, to walk to the Strand—we were arm in arm, and in Fleet-street, nearly opposite Fetter-lane, there is a shop with a doll in the window—a great mob had assembled—my friend went before through the crowd, and I followed him as near as I could—when I got half-way through, I felt a shove, and a man's hand at my side, by ray waistcoat pocket, and I felt a man take ray watch—I collared him, and demanded my watch—he said that he had not got it—I told him he had; and on that, the prisoner ran up as if he was going to embrace him, and I saw him pass the watch into the prisoner's hand, who ran up Fetter-lane as fast as he could—I followed him, crying "Stop thief!"—he ran into a court, and then three or four hundred yards further into another court, where I found him in a policeman's hands, and charged him with having my watch—he denied it—he was searched, but it was not found—we took him fifty or one hundred yards further, and a little boy said that the watch was in the prisoner's hand—the prisoner grasped his hand—he dropped the watch, and I picked it up.
Prisoner. The watch was given to me. I can give a description of the man. I heard somebody say, "Stop him," so I ran away.
Prisoner. I had the watch in my behind pocket, and I took it out and gave it to you. Witness. No; I had searched you to find it, but you passed it behind from one hand to the other.
GUILTY .— Confined Six Months.
The following prisoners PLEADED GUILTY:—
24. FRANCIS JOSEPH COOKE (24) , to four indictments for feloniously forging and uttering orders for the payment of money and the delivery of goods; to two indictments for obtaining goods by false pretences; and to one indictment for stealing in a dwelling-house. He had been convicted in Dublin, in 1858, and sentenced to Seven Years' Penal Servitude.— Ten Years' Penal Servitude. [Pleaded guilty: See original trial image.]
He received a good character.— Confined Eighteen Months. [Pleaded guilty: See original trial image.]
27. ROBERT BRYANT*(19), THOMAS SWEENEY (17), and WILLIAM WELCH (18) , to burglariously breaking and entering the dwelling-house of Charles Porter, and stealing therein 1 dress and 1 pair of trousers, his property.— Confined Six Months each. [Pleaded guilty: See original trial image.]
He received a good character.— Confined Twelve Months; [Pleaded guilty: See original trial image.] and
30. ALFRED THWAITES (31) , to unlawfully obtaining goods within three months of his bankruptcy; also, to feloniously uttering a forged order for the payment of 12l. 10s.; also, feloniously uttering a bill of exchange, with intent to defraud.
He received a good character.— [Pleaded guilty: See original trial image.] Judgment Respited.
OLD COURT.—Wednesday, November 23d., 1864.
Before Mr. Baron Bramwell.
MR. POLAND conducted the Prosecution.
GEORGE GREEN . I am a sub-warder in the Middlesex House of Correction, Cold bath-fields—on 10th November, at 10 o'clock in the morning, I was on duty in the tailor's shop there, supervising the prisoners—the prisoner was at that time undergoing sentence in the House of Correction—he came behind me; at least, I received a blow in the back of the neck, which nearly knocked me off of the stool I was sitting on in the middle of the shop—I put my hand up to my neck and found a great deal of blood running from it—I turned round, and saw the prisoner walking away with something in his right hand; I could not say what it was—I was conveyed to the infirmary by one of the chief warders—I fainted from loss of blood—I had reported the prisoner to the governor on the day previous, and was going to report him again that morning for a breach of the prison rules—I had not told him so.
COURT. Q. What were you going to report him for? A. For making signs, unnecessary talking, and insolence; that had not been heard—on the first occasion, I reported him for moving a prisoner from one seat to another without orders—that was about three weeks ago—the governor admonished him on that occasion—I reported him on the 9th for talking, but had not told him I should report him.
ALFRED VANDERSLYTH . I am sub-warder in the Middlesex House of Correction—on 10th November, about 10 in the morning, I was on duty in the tailor's shop—I saw the prosecutor there sitting down about seven or eight yards in advance of me—I saw the prisoner strike a blow at the back of his neck; he then turned round and advanced towards me—I closed with him, and while struggling with him, Mr. Parry, the master tailor, came out and took the knife from him—the prisoner remarked at the time, "You don't report me for nothing"—I saw the knife in his hand, and saw there was blood on the blade—this is it (produced)—the prisoner was employed in the tailor's shop as a cutter-out—he would use a knife occasionally—it was nothing unusual to see him with a knife—I saw him with a knife that
morning, about a quarter of an hour before this—from what I could see, at the distance I was from him, he was sharpening it, or sharpening something with it—I heard him ask for a knife about a quarter of an hour before—he asked the assistant cap-maker for it—he said, "Lend me the knife."
COURT. Q. Was it one of his tools of trade? A. Yes, he might have it for several things—he was a cutter-out, and he had the use of shears—he might want a knife to sharpen a piece of slate pencil, or anything of that sort—I saw him once marking a slate with it.
THOMAS PARRY . I am one of the warders, and am engaged as master-tailor in the tailor's shop—the cap-workers work in the same place—I know this knife—it is one of the cap-maker's knives—the prisoner would not require it for his work—he was a tailor—I was in the adjoining room when this occurred—I took the knife from the prisoner's hand—there was blood upon it.
WILLIAM SMILES . I am a surgeon—on 10th November, about a quarter-past 10 in the morning, I saw Green, and examined his neck—I found a wound about two inches behind the ear, in the fleshy part of the neck—it was about an inch in length, a deep wound amongst the muscles—a small branch of the artery had been divided, and he had lost a considerable quantity of blood—this knife would inflict such a wound—it was not a dangerous wound—had it been a little further forward, it would probably have killed him—I did not examine the depth of the wound.
COURT. Q. Then you cannot say if much force was used? A. Except from its effect upon him—he was very much shaken by the blow for some days afterwards—I judged that considerable force was used—the neighbourhood of the wound was undoubtedly dangerous—it was near the large vessels of the neck; the place itself was not dangerous.
GUILTY on the Third Count — Twenty Years' Penal Servitude.
NEW COURT.—Wednesday, November 23rd, 1864.
Before Mr. Justice Byles.
MESSRS. SLEIGH and LEWIS conducted the Prosecution, and MR. DALEY Defended De Witt.
RICHARD LEECH . I live at 63, Mark-lane—I entered into this agreement (This was dated 6 July, 1864, between Richard Leech, of 63, Mark-lane, watchmaker, and John Stuart, of Penninyton-place, Surrey, by which the former let to the latter the second floor at 63, Mark-lane for 1 year, at 351. per annum)—Wright signed this name of John Stuart in De Witt's presence—Wright said that he was a commission merchant.
THOMAS WILDING . I am a clerk and book-keeper, residing at Mary's-road, Lambeth—I have known Wright since about 1848, and De Witt since January, 1864—Wright brought me up from Liverpool in May to go into his service—De Witt used to come to the office, and they were frequently there together—"J. Stuart & Co." was painted up over the office by Wright's directions—they remained there about two months, and we went to Crutched Friars in September, where "J. Stuart & Co.," was painted over the door by De Witt's direction—this letter is in Wright's writing—I received it
when I was living at the address on the envelope (This was directed to Thomas Taylor, Esq., 16, Pennington-place, Hercules Building, London: it stated, "You can get a room for five shillings a week, which will do for both of us, Tottenham Court-road, or somewhere that way, Mr. De W. will instruct you: my money is nearly done, so the utmost economy must be used. I will go up on Monday by a cheap train, but do not know where I shall laud. You must give Mrs. Smith notice. I cannot afford what we formerly did, so look out. Mrs. W. is coming here to tea to-morrow, but cannot go to London unless you can support her. Yours, faithfully, D. M. Wright. 10s. enclosed. The name Wright is not to be mentioned, nothing but Stuart")—that is directed to me at Pennington-place—Wright lived at Pennington-place when he was in London. The other letter is in De Witt's writing (This was addressed to Mr. Thomas Taylor, Post-office, Westminster Bridge-road, Lambeth, dated 13 September, making an appointment to meet outside the office at Mark-lane at two o'clock on Wednesday, and stating that "Duncan" had left London for Liverpool)—I do not know in whose writing the body of this bill of exchange is, but I believe the signature, "John Stuart," to be De Witt's writing, and the word Dalglish, to be Wright's writing—(This was a bill for 298l. 3s. 6d., dated Leeds, 24, August, 1864, drawn by Wm. Smith, Son & Co. at four months Accepted—payable at Barnett, Hoare, & Co., R. W. Dalglish & Co., endorsed Wm. Smith, Son, & Co., John Stuart & Co.
Cross-examined. Q. How long have you known Wright? A. Since 1848—I do not know that he has lived all that time in Liverpool—he had never employed me before—I have been out of employment ever since I was with De Witt—I was a commercial traveller's clerk in Liverpool some years—I left that off four years ago, and went to live in Scotland—I have been living on my friends for the last four years—I had a private box at the office, and these letters were found in it—it was locked—when the second office was taken, Wright was in Liverpool.
ROBERT BALLARD . I am clerk to Mr. Blisset, a merchant of Liverpool—I saw the defendant there twice in the early part of this year—De Witt called the other Mr. Wright, and Wright called him Mr. De Witt—I saw them again in company a day or two afterwards.
Cross-examined. Q. When was it? A. First in our premises in Castle-street, and afterwards walking in the street—I know Wright personally, but De Witt only by hearsay—they were talking to me on business—it was in February—our attention was called to it again by reading the case in the newspapers—we had reason to think much about it.
Wright. Q. Did we call to make some inquiry about some Enfield Rifles? A. Yes—there was nothing extraordinary in that—you asked for a sample to be sent to Castle-street, and gave us to understand that if the sample was sent you would give us the order.
JOHN STUART . I am the principal member of the firm of Stuart & Co., merchants and bankers of Manchester, we do a large business with America—I have no recollection of seeing either of the prisoners till I saw De Witt at the Mansion House—this endorsement, John Stuart & Co., is neither my writing or written by my authority, nor is it the writing of any member of my firm—De Witt was not authorized to do any business for us—neither of the prisoners were our agents—we never had an office in Mark Lane or Clutched Friars.
HENRY LEE . I am managing clerk to Dalglish & Co.—Mr. Dalglish is very ill and cannot come up—I prepare bills of exchange for the acceptance of the firm, they all pass through my hands—this bill never passed through my hands—the acceptance is not the writing of anybody in the firm—I do not know the prisoners.
MELCHOR LOPEZ . I am the agent of Garcia Robert & Co. of Cadiz, they have an office at 1, Pudding-lane—at the latter end of August a gentleman named Ramage brought De Witt to the office, who described himself as agent to John Stuart & Co. of Manchester, merchants and American bankers, and said that he had come to taste our wines, and see if we could come to some arrangement about prices—I gave him samples to taste, and sent samples to his office in Mark-lane by his directions—I asked him whether he could give us any reference, and he referred to Messrs. Smith, Payne, and Smith, as to John Stuart & Co. of Manchester—I went to Smith, Payne, and Smith, and inquired about the respectability of the house—I sold De Witt wines two or three days afterwards to the amount of 2,107l.—the first transaction was concluded on 2nd September—I gave De Witt delivery orders and warrants—I believe that was on the last day of September—it was as soon as the transaction was closed, and two or three days after that, which would be September 4 or 5—De Witt brought the bill in question to me with other bills, and told me to, draw for the balance, 562l. 6s. 2d. on John Stuart & Co.
Cross-examined. Q. Are you quite sure he said "John Stuart & Co., of Manchester," when he spoke to you first? A. Positive, because we went to inquire about them of Smith, Payne, and Smith—Manchester was not my idea, he said so—I cannot say whether he mentioned Manchester the second time—he delivered these bills two days after the transaction, it was concluded when he brought me the draft on that house—I delivered the warrants and delivery orders two or three days before—he made no representation when he brought me the bills, he only handed them to me, and as I knew several of the names, and knew that they were very good, I accepted them—I have known Mr. Ramage for the last fifteen years, but I do not think he has recommended me customers before.
Wright. Q. Did not the extreme confidence you showed, follow from what Ramage and De Witt represented to you? A. Undoubtedly, as to the standing of John Stuart & Co—I believe the invoice I sent down to Liverpool was addressed "John Stuart & Co., Liverpool" (produced)—Mr. De Witt told me that.
EDGAR ROBERT RAMAGE . I am a wine cooper, of 28, College-street, Dowgate-hill—I introduced De Witt to Mr. Lopez—I did not see him at his office in Mark-lane, but I knew he had an office there—he told me before I took him to Mr. Lopez that he was a partner in the firm of John Stuart & Co. of Manchester, merchants and American bankers—I saw him afterwards at Crutched Friars.
Cross-examined. Q. How long had you known De Witt? A. I knew him in 1840—he told me that he had recently come from America—he did not tell me that he was about to be engaged in a spinning company—I am positive the word "Manchester" was used—I had heard before that there was a firm of that name—he said that he was one of the firm several times over before I introduced him to Mr. Lopez—I was not to have a percentage on the order—I was to be paid by the work I did for them—I have my account against the prisoners for 129l. for labour and goods supplied, bottles and bottling—the casks were branded "J. Stuart & Co." by De Witt's instructions
—the brand is at my office now—I do not think the word "London" was on them, I think it was "Sherry"—I noticed a stencil plate on the box "J. S. & Co." in a diamond—I wrote to Messrs. Stuart & Co. on the receipt of a letter from them—De Witt told me several times that he was a member of the firm of J. Stuart & Co. of Manchester, before I introduced him to Mr. Lopez, and it was on the faith of that I introduced him—I do not know whether Stuart & Co. have got a house in Liverpool.
Wright. Q. Under what circumstances did you first know Mr. De Witt, twenty years ago. A. He was a passenger going out to New Zealand with me, under the staff of the Surveyor-General, I believe—from the years I had known him, I supposed him to be a gentleman, and not capable of telling such a gross falsehood—I have been to Liverpool once, and have been at Everton.
COURT. Q. Would these goods represent many hundred pounds? A. No, the real value is not more than 180l. in the market.
Cross-examined. Q. Do you know if the wine was invoiced to De Witt at the invoice price. A. I know nothing about it—he was introduced to me—I enquired and ascertained that I was dealing with a first-rate man—I asked De Witt if it was his own property, and he said "Yes"—I never saw an invoice, I simply went by the value of the wine.
MR. LEWIS. Q. Is there an injunction against you in Chancery to prevent your disposing of these warrants? A. Yes, but we have not attempted to dispose of them—the value of them is 150l., and I will submit my valuation to anybody in the trade—I had the wine inspected before I made the advance, but did not see the invoice.
JOSEPH JAMES (City-policeman 532). I took De Witt and told him he was charged with forgery to the amount of nearly 5,000l.—he fainted away—when the charge was being given at the station, he said that Mr. Lopez made a great mistake as to the quantity—it was not so much—when we conveyed him from one station to another, he said it is a great pity this case cannot be compromised without going before a Court of Justice.
JOHN SPITAL . I took Wright at Devonshire-terrace, Notting-hill, on 31st October—I said "Mr. Wright"—he said "Yes"—"I said I am a police-officer and have to arrest you on a charge of forgery on Garcia Roubet and Co."—I showed him two bills—he said going from Seething-lane to Bow-lane, "I shall plead guilty to the charge and give all the information I can to recover the property, some of the warrants are in my name"—I replied, "The wine has been stopped at the Docks"—he said "Then it is all right." Wright produced a written defence, stating that he obtained the goods and kept from De Witt all knowledge of it, but making no allusion to the forgery.
GUILTY . They were both charged with previous convictions at this Court, De Witt in May, 1853, when he was sentenced to Fifteen Years' Penal Servitude, and Wright, in June, 1855, when he was sentenced to Four Years' Penal Servitude; to which they
PLEADED GUILTY. Fifteen Years' each in Penal Servitude —(Wright had also Pleaded Guilty to 4 other indictments for forgery , and uttering bills of exchange, and also to an indictment for fraud).
MR. LILLEY conducted the Prosecution.
JOSEPH SIMPSON . I live with my father, a beer-shop keeper, at Kensington—on Sunday evening, 23d October, the prisoner and I had a few words outside my father's house—his mother was locked up in the station, and I asked him what made him send the bason into another person's house who it did not belong to—he said "Joe, you have not come here to hit me, because if you have," (pulling a knife out of his pocket) I will run this through you,"—I grabbed at his hand and we knocked one another down—he stabbed me in two places before I fell, once under the arm and once in the back—he said "Joe, let me get up, and I will not stab you any more"—he got up and ran into a baker's house in the court.
COURT. Q. Was it your mother's bason? A. No, a lodger's—I did not accuse him of stealing it, only of taking it to the wrong place, when he knew where it belonged to.
MARY ANN MANBY . I am a charwoman, of Camden-place, Kensington—on Sunday evening, October 23d, between 7 and 8 o'clock, I was in Jenning's Buildings, and saw Simpson and the prisoner talking, the prisoner was searching in his pocket for something; they got into hot words and fell down, and I heard the prisoner say, "Joe, if you will let me get up I will not stab you any more"—Simpson got up, and I saw blood flowing from him.
COURT. Q. Did you see it from the beginning? A. No—it was not a violent fall—they had some sharp words—I saw no stabbing till they were both on the ground together—the prisoner was perfectly sober, but Simpson had been drinking.
Prisoner. Q. Did you see Simpson strike me before he fell? A. No.
MARY CAVELEY . I live at Palace-place, Kensington—on Sunday evening, 23d October, between 7 and 8 o'clock, I saw the prosecutor and prisoner, they were both down, and the prisoner said, "Joe, if you will let me get up I will not stab you any more"—he got up and went into Mrs. Collin's, where he waited till a policeman came and took him—I do not know the prisoner.
WILLIAM GREENAIDAY (Policeman 191 T), Simpson gave me information, and I took him into a chemist's shop, told him to take off his coat and saw a stab on his left arm and another in his back, blood was running down—I then went to Mrs. Collins's, the door was fast, and I was delayed some time—when it was opened I found the prisoner, and told him I must take him in custody for stabbing Simpson—he said, "Let me put on my coat and I will go"—when we went outside, the prosecutor, who was standing there, said, "That is the man"—the prisoner had on this coat (produced),
MARGARET HOLROYD . I live in Jenning's Buildings, Kensington—on Sunday night, 23d October, I came out of Mrs. Collins's house, I had my baby in my arms and could not go into the row, but I took the prisoner up stairs, because there were about 200 people round him, hitting him and kicking him in the most shocking manner for a quarter of an hour or twenty minutes—I do not know whether that was before or after the stabbing—he pulled some halfpence out of his pocket to give to another young girl, and he pulled out a pen-knife, I asked him for it, and he gave it to me.
JOHN BELGRAVE GUZZARONL I am a surgeon, of Kensington—on Sunday evening, 23d October, I examined the prosecutor, and found two wounds, one on the left arm pit, and the other on the left shoulder blade—they were punctured wounds, such as would be inflicted by the point of a knife like
this—he was suffering from loss of blood, one of the veins in the arm had been opened—the wound on the arm pit was about quarter of an inch deep, the other was superficial.
MARY ANN COLLINS . I live in Jenning's Buildings, and have known the prisoner about twelve months' by sight, but have no acquaintance with him—on Sunday evening, October 23d., I was outside Simpson's house when he came out without a cap or a hat—he had a coat on—I had seen him fighting with his brother before that—he went up to Wilson—a friend of Simpson's was locked up a week before that—he said that Wilson was glad that his friend was locked up—Wilson said that he was not glad she was locked up. Simpson came round and said to Wilson, "If you had got two b——coats on, I would not be long in pulling them off"—Wilson said, "Would you?"—he said, "Yes, I would," and struck Wilson twice with his fist and knocked him against a lamp post—Wilson went away to get up in the High-street, and asked a policeman to go and take Simpson in charge—the policeman said no, he must summon Simpson—Simpson used very bad language to me, and said that he would serve me the same—he then went after the prisoner and gave him in charge, but did not strike him—he fell against the lamp post when Simpson struck him—I saw no knife—I was near enough to see if one was used—I saw nothing after that, it was between 6 and 7 o'clock.
Prisoner's Defence. There can be no confidence placed in the prosecutor's evidence as both his father and mother are receivers of stolen goods; I hope you will take into consideration the provocation I had—he struck me twice.
GUILTY of unlawfully wounding, under great provocation. — Confined Six Months.
THIRD COURT.—Wednesday, November 23rd, 1864.
Before Mr. Common Serjeant.
MESSRS. SLEIGH and KEMP conducted the Prosecution, and MR. BEST the Defence.
WILLIAM BULL . I am a nurseryman, carrying on business in King's-road, Chelsea—on 27th January, this year, the prisoner came to my place—I had known him about two years before, as gardener to a Mr. Gotto—he recognised me—I said, "You have the advantage of me"—he then recalled to my mind the circumstance of his having lived as gardener to Mr. Gotto—I then remembered him, and asked him if he was still gardener to Mr. Gotto—he said, No; he was living with Mr. Edmonds as gardener—he said Mr. Edmonds was building greenhouses and a conservatory, and he had recommended him to stock them from my establishment when they were finished—he then took away two plants, as he said, for Mr. Edmonds, for the dinner table—he particularly asked for an invoice, and I gave him one in Mr. Edmonds's name—he came again the next day, and said that Mr. Edmonds was so pleased with the plants he had the previous day, that he wanted three more—he took those away, and asked for an invoice—I saw
him again on 7th March—he said the conservatory was completed, and asked if it would he convenient for Mr. Edmonds and himself to come down on the following Friday or Monday to select the plants—he then took away two plants for Mr. Edmonds—no one came on the Friday or Monday, but on Tuesday the 15th, I received this letter from Nash (read): "Mr. Bull,—Sir,—Will you kindly let me know the day as will suit, after next Thursday, to see me about the plants. I can be at your place about 11 o'clock on Friday or Monday next"—I replied to that letter, stating I should be glad to see him and Mr. Edmonds on Friday the 18th—Nash came and said that Mr. Edmonds had sent him to pay for the plants he had previously had, and to select the others—the bill then amounted to 1l. 14s. 6d.—he paid that—I asked him where Mr. Edmonds was?—he said he was so busy he could not come, and he had asked him to come and select the plants for him—he paid for the other plants with a 5l. note, and I gave him the change—while paying for them, he said, "But since I have seen you I have taken Brandenburg Cottage and nine acres of land, and I am going to commence business as a nurseryman"—I said, "Oh, indeed, have you left Mr. Edmonds, then?"—he said, "No; in consequence of my taking this place, you are to send the plants to me"—he said he was to pay 60l. a year for the place—I said, "60l. is cheap for nine acres"—he said, "Yes, I have got it cheap"—he said, "You are to send the plants up to my new place"—they were taken up to Brandenburg Cottage by a carman, on my orders—the prisoner said, "You must send these plants up to-day, as Mr. Edmonds wants them to morrow; he always settles his bills on Monday, and he will pay me for them; and I will come down and settle with you"—he came again on the Monday, said he waned some more plants, and that he would pay me for them altogether—the bill amounted to 5l. 19s. 3d—on 13th April, I wrote a letter to Nash, to Brandenburg Cottage; it came back through the dead letter office—this is the envelope, marked "Not known at Brandenburg Cottage"—it is in my clerk's handwriting—these four labels (produced) are my handwriting—they were on the last plants which I sent to the defendant—I parted with my goods on the belief that he had taken Brandenburg Cottage and nine acres of land—nine acres of land in Fulham is worth about 90l. a year.
JURY. Q. Did not the lowness of price raise your suspicion? A. No; I merely remarked that it was low.
Cross-examined. Q. Had you dealings with Nash two years previously to this? A. Yes; through Mr. Gotto—I made out the invoices, for goods supplied, to Mr. Gotto—I believe Mr. Gotto sent him afterwards to get some plants—I may have given credit to him instead of Mr. Gotto—I could not swear that now—my clerk was present when this conversation took place between myself and the prisoner about Brandenburg Cottage—the fact about his saying he paid 60l. a year for it escaped my memory on the last occasion that I gave evidence—I gave the prisoner this receipt (produced) for 1l. 14s.—after doing that, I gave credit to him—my clerk made application to him for the money owing on this invoice—by my instruction, he went to Brandenburg Cottage, and when he could not find him there, he went to his previous address, Tranquilla-terrace—his first letter was dated from Tranquilla-terrace; that is in Fulham, about half a mile from Brandenburg Cottage—I afterwards wrote to the London Association for the Protection of Trade, of which I am a member, to apply for the debt; they had my authority—Mr. Thomas Blackman is the secretary to that Association—I saw the prisoner again when I gave him into custody—I did not see him
before—he offered to pay me the money after I had given him into custody—he did not say he would pay me 9l. down then, and the rest on Monday—I will swear he did not, not before I gave him into custody—he made those remarks after he was in charge of the policeman—I told the policeman to take him in charge for obtaining my plants by false pretences—I went with the constable and gave him into custody.
JURY. Q. Then he had no opportunity of offering you the money before he was taken? A. Yes; I sent my clerk to him, and he told him to be d—d; the prisoner was in a public house at the time, and I said to him, "Nash, you have never paid me for those plants, and you have obtained them under false pretences, I must give you into custody"—I had the policeman with me, and Nash saw him.
MR. BEST. Q. You gave him into custody without a summons or a warrant? A. Yes—I took him before the Magistrate, and charged him with obtaining goods by false pretences—that was dismissed—the Magistrate suggested that I should take out a warrant, and he would hear the case, and I got one directly.
MR. KEMP. Q. Have you ever been paid for these goods? A. No—my clerk, unfortunately for me, is undergoing imprisonment for embezzlement—he robbed me.
COURT. Q. Has the whole of the money been tendered since by Nash? A. It has—he was then in prison—I said I could not take it, because it would be compounding a felony—the prisoner paid me about 18l. in transactions conducted by him for Mr. Gotto.
JOHN SAUNDERS . I am a greengrocer at 3, Maynard-place, King's-road, Chelsea—on 18th March the prisoner employed me to move some plants for the prosecutor to Brandenburg Cottage—the plants were put in the coach-house—on 21st March I took some more, and then I saw one or two of the former plants still remaining.
GEORGE MERCER In March last, I was gardener to Mr. King, of Brandenburg Cottage—I gave the prisoner leave to have some plants left there—I let him have the key to get them out of the coach-house—he said he should take them away early in the morning—they were gone in the morning—a second lot was brought and put there by my permission—I think they were removed the next day.
Cross-examined. Q. These were not the only times that you allowed him to have plants there? A. No—I often used to let him have plants there, and sometimes in the ground—he had been very kind to me, and I was the same to him—Mr. Edmonds has been there and bought plants of the prisoner, and other persons too—the prisoner was at work for Mr. Edmonds at this time—I know it from his going to and fro—he was regular gardener at one time to Dr. Winslow—at this time, he was a jobbing gardener, as far as I know.
MR. SLEIGH. Q. Do you mean to say that you ever saw Mr. Edmonds at this place during the months of February, March, or April? A. I won't say what the month was he was in the garden, one of those months, I can't say which.
JOHN REEVES . On 19th and 22nd March, I saw the prisoner in Covent Garden Market, and bought some plants of him—these are the labels that were on them—I gave 18s. for nine plants, and 8s. for two—they were ornamental stove plants generally—it was a low price I gave—being a fresh face in the market, I made some enquiries about the prisoner—he said he had taken Brandenburg Cottage at the rent of 60l., and that he had a lot more
of these plants, and asked me to go down to Brandenburg Cottage and look over the place—I went down on the Friday—he made some excuses, and I did not go over the place.
JOHN THOMAS EDMONDS . I live at Bellevue-house, Fulham—the prisoner was not in my service in March last—he had been a jobbing man for me—I never told him to go to Mr. Bull's to select plants for me—in January I bought some plants from him—I never saw him during the month of March.
Cross-examined. Q. Was he not laying out ground for you? A. My gardener made a bed for me, and the prisoner brought some plants for the hall—the prisoner sued me for 38l. or 39l. and under the advice of my solicitors, I paid the amount—I was served with a writ—the last time he did work for me was in January.
MR. KEMP. Q. Was the prisoner in your service in March? A. No, nor on my premises—I never authorised him to go and fetch these plants—I was confined to my bed at the time.
COURT. Q. Do you know O'Connor, a cab-proprietor? A. Yea; he drove me about in his cab last spring—the prisoner was not with me in the cab that I am aware of—I can't remember—I don't know—I am obliged to to have persons every now and then to take care of me—I did not go about in a cab with the prisoner in February and March, O'Connor driving—I never was in a cab at that time—you must excuse me, I am old.
Q. O'Connor said, when he was called on the last occasion, that he saw you and the prisoner in a public-house together, that the prisoner had some trees, and you said, "Go and plant them in my place," and you paid him about 3l. or 4l.; did that happen? A. That happened in, perhaps, the month of January, but not in February or March—I am positive he was not on my premises in February—I was ill, and confined to my bed with rheumatic gout in February and March—I never saw Nash during that time.
CHARLOTTE HARWOOD . I am housekeeper to Mr. Edmonds—he was confined to his bed during the months of February and March of the present year—he was not building a conservatory—the prisoner was in his employment at times—he was not there in February or March at all—he brought a few plants in pots at the latter end of January, I think—he did not bring any in March.
Cross-examined. Q. You were not here on the last occasion t? A. I was here, but I was not called—the first time I was examined, I had to go to an office in Rotten-row—I don't know who I saw there—they told me it was Rotten-row—a gentleman asked me about the plants—I should think that is four months ago, and after that I went to Clerkenwell—I went on Mr. Bull's side—I had no talk with him first—he did not ask me a question.
MR. KEMP. Q. Was it Rochester-row where you went, where the police-court is? A. Yes.
GEORGE ALFRED DEAN . I am an architect residing at Fulham—I have the letting of Brandenburg-cottage—the prisoner never had it—the rent is about 200l. per annum—it is a large house with excellent stabling, and about four or five acres of land.
COURT. Q. Is it let now? A. It is unlet still—there is a gardener there who was placed there by the lessee of the property—he used the ground.
PITT TARLTON (Police-inspector, V). I took the prisoner at Hammersmith upon this charge—the prosecutor said, "I shall give him in custody for obtaining plants from me by false pretences, stating what the false pretences were—the prisoner said, "Don't lock me up, Mr. Bull, I will pay you on Monday."
Cross-examined. Q. Was he discharged on that occasion? A. Being taken without a warrant, he was formally discharged, and taken again immediately upon a warrant in the usual way.
The Prisoner's statement before the Magistrate:—Mr. Cooper's evidence is false, and Mr. Bull's evidence is false; I did not name taking Brandenburg-cottage; I put my goods there, as I had no room for them at home.
NOT GUILTY .
RICHARD YOUNG . I live at 11, Ormond-place, Great Ormond-street, and am an engineer—about half-past 9 on Saturday 12th November, I was in Newcastle-street, or Stanhope-street, Strand—I heard the word "Here", made use of—I turned round and received a blow across the knuckles with a stick from the prisoner—I recovered myself, and ran into a public-house for protection—it was rather dark—I remained in the house about four or five minutes—when I came out I was surrounded by a gang of about twenty men and lads—I was thrown in the road, and made to appear that I was fighting—I never attempted to fight—the prisoner is the man who threw me—but there were some more who assisted—when I was on the ground the prisoner took 19s. out of my left hand trouser's pocket—we were then in front of two large butchers' shops, all lit up—I am quite sure the prisoner is the man—he was down on the ground with me when he took the money—he then got up, kicked me four or five distinct times, once in the face, once on the best, on the hip, and on the arm, and then made off with his companions—I afterwards got a constable, and came back again to where the occurrence took place—the constable made some inquiries of the shopkeepers, and we walked up the street and met the prisoner—I said, "That is the man, "and he took him—that was six or seven minutes after the robbery.
Prisoner. Q. Why didn't you say at the time that I had taken 19s. from you? A. Because you went away directly, and I had not sufficient strength to say it—when I saw the policeman, I was hardly able to speak.
JURY. Q. Do you know that you had exactly 19s. in your pocket. A. Yes—I had not been anywhere else where I could have lost it—I had never seen the prisoner before—I had had a glass of ale—I was not tipsy—we met the prisoner about fifty yards from the spot where this occurred.
JOSEPH ANTLIFF . I live at 23, Stanhope-street, Clare Market, and am a compositor—on Saturday night, 12th November, about half-past 9, I was in Mr. Beauchamp's, a butcher's shop in Clare Market—I observed the prosecutor coming along, and the prisoner and several others following him—I watched them—I saw the prosecutor trying to get out of the way—I then saw the prisoner knock the prosecutor down and fall on top of him—he was on top of him about a minute or a minute and a half—he got up, deliberately kicked him three or four times, and then went away with the others—I am sure the prisoner is the man.
WILLIAM KITTLE (Policeman, F 42). I was on duty in Stanhope-street, Clare Market, on the evening of 12th November, and saw the prosecutor running up the street, looking very much exhausted—I stopped him—he was crying for some one to protect him—he said he had been assaulted and
robbed—I turned back, and went with him down the street—we met a gang of men, amongst whom was the prisoner, and the prosecutor pointed him out as the man who had assaulted and robbed him—I told the prisoner what he was charged with—he said he knew nothing about it—I took him in custody.
Prisoner's Defence. I am innocent of the robbery, it was violence I used—we were fighting fair.
GUILTY .—He was further charged with having been before convicted of felony, at Clerkenwell, on 19th August, 1861; to which he
PLEADED GUILTY.** George Gray, a constable, proved several other convictions against the prisoner, and stated that fie was a notorious associate of thieves, and was known by the name of " The Terrier."— Seven Years' Penal Servitude.
37. WILLIAM COOK (16), and JOHN CONNOR (15) , Burglary in the dwelling-house of the guardians of the poor of St. Marylebone, and stealing 2 boxes, 3 books, 7 frocks, and other articles, their property.
MR. METCALFE conducted the Prosecution.
WILLIAM REVENING (Police-sergeant, T 7). On the night of 31st October, in consequence of some information, I went to the kitchen of the Marylebone Schools, at Southall, which belong to the guardians of the Marylebone parish—while I was watching there, I saw the prisoner Cook come to the window outside—Strong, another constable, was with me—I said to him, "There is somebody looking in"—I took off my boots, and went to a door further back in the room, thinking to meet Cook—as I opened the door, I saw him run into the pump-room—I followed, and in that room I saw a trap door open, and an old pair of shoes by it—I said, "Whoever it is, has gone down this trap door"—I got down, and after crawling about ten or twelve yards under the floor, between the surface of the ground and the flooring of the school, I found the two prisoners—I told them to come out, and I heard one of them say, "Throw the keys away," I could not say which—Strong got to Connor and took him out—I had to go ten or a dozen yards further after Cook—I said to him, "You may as well come out, you can't get out that way"—he looked round one of the small pillars, and said, "Is that you?" and then he came to me, and said, "The things are all right there," pointing to them—I pulled these things out (produced)—there are two money boxes, one of the locks which had been taken off a door, and a key which had been filed to make it fit—the superintendent has the proper key—I also found these books there—they could not see to read without a light, but they had several candles and matches there, and there were places where they had stuck the candles up, the boards were burnt—there were also seven children's frocks, an old blanket which was made into a bed for them, two tin cans, two tin mugs, and a poker—going to the station, Cook said they took the poker down to get one of the boards up in the office—he was formerly an office-boy in that school—the office was just above where they had been sleeping, at the further end—by taking up one of those boards, they could have got into the office—they said they had been there a week, they only went there for a living, and they had got that after the school had been shut up of a night by pushing up the window of the servants' hall, where they have their meals.
JURY. Q. Had they not been missed in the school? A. Cook was formerly in the school, he has left about two years—they had no business on the premises at all—they were not scholars there then.
—this blue book belongs to the library there—I distinctly recognise it—the children in the school have similar boxes to these—I recognise this lock as one of a set belonging to the guardians, and the key of it is in my pocket—this lock came from one of the outer doors of the girls' schoolroom—I saw it safe on Sunday morning, 30th October, about 8 o'clock—I missed it about 6 in the evening—the plate that covers the lock had been replaced, so that it would be impossible to miss it until you looked very minutely into it—it is a lock that goes into the door—it was only by putting the key into the hole that I missed it—the lock was gone—they must have had tools of some sort to have unscrewed it—if they had opened that lock they would have been able to have opened all the store-rooms in the house—I have no doubt these frocks belong to the school—there is nothing by which I can swear to them—I know Cook as having been previously connected with the schools, and leaving there eighteen months ago—neither of them had any right there at this time—Cook said in my hearing, "We had those on Saturday night, out of the girls' class-room," alluding to the boxes.
Cook. We did not get through the class-room window, the doors were open; we took the lock off at half-past 3 on Sunday morning, and he says he missed it at 6 in the evening.
JURY. Q. How did they get on the premises? A. There is no difficulty of access from the outer part of the premises to the doors and windows, the fences are not very high.
MARTHA JOHNSON . I am the industrial teacher at this school—on 30th October, my attention was called to some marks on the window—it was mould, and what might have been brought in by the feet—the top of a cupboard forms the window ledge—it is a very broad one—they had come across that—there was an ordinary fastening on the window—it was in its proper condition when I saw it the night before—the window is on the ground floor, In the girls' yard—the room had the appearance of having been broken into, the cupboards were very disorderly, some bread and cheese had been missing—I did not miss anything—my attention was drawn to it after it had been missed—I had seen these boxes about the school.
Cook's Defence. We are not guilty of stealing those blankets or poker; we are only guilty of stealing those money boxes; that bar of iron and some other things were there when we got there; I and another boy put the blankets and poker there ten months ago, and I received four months by your orders for that affair; all we did this time was to take those money boxes, and then we went to the pump-room, and seeing these things there, I said, "We will stop here three or four days;" I saw the poker, and recognised it directly.
NOT GUILTY .
MR. WILL conducted the Prosecution, and MR. HARRY PALMER the Defence.
GEORGE MILLIAGE . I am a stonemason, of 10, Canal-road, Shoreditch—on Saturday night, 15th October, about half-past 6, I was coming along the Kings-land-road—the female prisoner came and walked by the side of me for a bit—she then bobbed in front of me, and some one struck me from behind, and I was knocked down—I then saw the two prisoners standing over me, holding me down—one of them gave me a kick in the side, and I felt one of their hands in my right-hand trousers pocket—I am not able to say whose hand it was—as soon as they let me go I got up—the male prisoner
went away, and I saw the female running down Mansfield-street—I missed 8s. 6d. from my right-hand trousers pocket—I ran after the female and caught her—she asked me what the man had done to me—I told her I would tell her presently—there was no policeman there—she turned and went back again, and I followed her down the Kingsland-road again—she then called out some name, and the male prisoner crossed the road to her—they went off together—I followed them—we got very near to the Woolpack public-house, when they turned round and saw me following them about one hundred yards off—they then ran down Thomas-street—I ran after them—the male prisoner turned round and showed fight, and the female caught hold of my coat, and then other women came up—the male prisoner then struck me in the chest and got away again while the women held me—that was just under the new railway arch—I got away from her and chased the male prisoner again—he was stopped by a man at the top of the street—he gave him over to me—there was no constable there—the female prisoner and more women came up and caught hold of me again, and the male prisoner went down on his hands and knees, and begged and prayed me to let him go, and he would make it up again—the women pulled me away, and he got away again—I went after him again along the Kingsland-road, and took him to the station myself—the female prisoner and two or three others followed, trying to get him away—I told the policeman at the station about the female, and he went out and took her into custody—I was quite sober—I am sure the prisoners are the two persons who rifled my pockets when I was down—it was only half-past 6 in the evening, and I could see them plainly—it was getting dark.
Cross-examined. Q. Do you mean to say it was not dark at half-past 6 on 15th October? A. Not quite dark—I said at the Police-court that the male prisoner fell down on his knees, and begged me to let him go—he got away from me three times—there are archways all along the Kingsland-road—the woman did not speak to me; she might have mumbled something, but she never spoke directly to me, that I am aware of—I was not in her company at all—I did not go under an archway with her—she did not charge me with not paying her some money—I did not walk two yards with her—that I swear—I had come by the railway from Leytonstone, and was walking along with my hands in my pockets—I had one hand on the money at the time—I was not stunned—I could not see the male prisoner when I got up—it was some name the female called out—I was about twenty yards behind her then.
MR. WILL Q. From the time the male prisoner crossed the road to the female in answer to that call, to the time you gave him in charge, did you lose sight of him? A. No—there is no pretence whatever for saying that there was anything improper either in word or deed between me and the female prisoner—I had never seen her before.
THOMAS COXHEAD . I am a potman at a public-house in the Kingsland-road—on Saturday, 15th October, about 7, I was coming down Thomas-street—I heard voices near the railway arch, and walked down towards them—I saw the prisoners there, and saw the male prisoner strike the prosecutor in the chest and run away—he was stopped at the top of the street by a man—the female prisoner ran behind him—the prosecutor was surrounded again at the top of the street—the male prisoner stopped there a minute, and said to the prosecutor, "Let us go in and have some beer, and we will make it up"—the prosecutor said, No, he would not—he had hold of the prisoner by the collar, and he said, "Leave go of my collar, I can
walk"—as soon as he left go he ran again—we ran after him, and then the female laid hold of the prosecutor by his collar, and the man ran again—we followed, and took him again—he said he could walk to the station, for he did not know what he had done to be taken up like that—I then heard the prosecutor say, "You have taken 8s. 6d. out of my pocket"—the female followed us to the station and stayed outside.
Cross-examined. Q. Did you see the prosecutor knocked down to the ground? A. No—I never saw him fall—I can't say whether the voices I heard were female voices, there were so many there—I heard the prosecutor say he had been robbed, at that time, after he was struck by the male prisoner—I am quite sure of that—I did not hear the female charge the prosecutor with anything—she said she did not know the male prisoner, and was never in his company—it was about a yard from the archway where I saw the prosecutor struck.
THOMAS ROBNET (Policeman, N 103). On the evening of 15th October, the male prisoner was given into my charge at the station door by the prosecutor—I afterwards went outside and took the female—I told her the charge, and she said she knew nothing about the money; it was a shame that the prosecutor should knock the prisoner about as he had—2s. 1d. was found on her, and five penny worth of coppers on the man.
KINGSTON'S statement before the Magistrate being read, stated the the saw the prosecutor knocking Smith about, and that he went to her assistance, and that the prosecutor struck him, and lie struck the prosecutor. SMITH stated that prosecutor asked her to have something to drink, and then asked her to go under one of the archways with him; that site refused, and he caught hold of her to pull her in and ill-used her, and that the male prisoner came up and took her part.
KINGSTON— GUILTY .— Confined Eighteen Months.
SMITH— GUILTY .— Confined Twelve Months.
BROWN PLEADED GUILTY .
MR. COOPER conducted the Prosecution, and MR. HARRY PALMER the Defence.
THOMAS SMART . I am a City detective officer—on November 9th, Lord Mayor's-day, about 11, I saw Richards and Harrison in Queen-street, close to Cheapside, just as the procession left Guildhall—from my previous knowledge of them, I watched them—they made an effort to get through the crowd—they could not, and they turned round, and went down Queen-street, Harrison taking off an Inverness cape, which he was wearing; and carrying it on his arm—they ran up Watling-street into St. Paul's Church-yard—I pursued them—they came into St. Martin's-le-Grand, near Sir Robert Peel's statue, and there headed the procession—they crossed over on to the east side of St. Martin's-le-Grand in front of the General Post-office—there the prisoner Brown joined them—when he did so he hit Richards on the back, as if he knew him well—they went in company a short distance up Aldersgate-street, when Brown placed himself by the side of a lady, not the prosecutrix, the other two pressed closely up against him, and Brown put his hand in the lady's pocket—they then left the lady, and continued in company and conversation until they got near to Falcon-street—at the window of No. 13, Alderegate-street the prosecutrix was standing—I saw Brown go and place himself against her right side, and put his left hand into her dress-pocket—the other two pressed their backs against him and the lady
—I stood and watched them for a second or two, and I saw Brown draw his hand from the lady's pocket, and some money fall from his hand on to the cement; a shilling and a sixpence, I believe—I saw it picked up, and also a white handkerchief—the prisoner escaped at that time—I took the lady's tress, and about twenty minutes afterwards I saw the prisoners in Fore-set—I first saw Harrison forcing his way through the crowd, and Brown behind him—I caught hold of Brown, and told him I was about to him into custody for taking a sovereign from a lady's pocket—on the way to the station, he said, "I will give you half a quid," meaning half a sovereign, "if you will let me go"—I found on him a sovereign, four shillings, and a penny.
Cross-examined. Q. You did not take Harrison or Richards in custody at? A. No—there is a great deal of bonneting, and people hitting each other on the back, going on on Lord Mayor's-day—it does not follow that if man hits another that he knows him—there had been no robbery that now of when they went down Queen-street—when Harrison got into the crowd again he put the cape on.
MARTHA COOMBES . I am a widow, and reside at 79, James-road, Holloway—I was in Aldersgate-street on 9th November, when the procession was sing, standing on a doorstep—I had a sovereign tied in the corner of pocket-handkerchief, and pinned in my pocket—my attention was called by the pin being dragged out of my pocket, and I found that I had the sovereign and the handkerchief—I bad two handkerchiefs in my pocket—one was afterwards picked up, and 1s. 6d. in silver—I have not seen other handkerchief since—I only had one sovereign—it was a very old—that is all I know of it.
EDWARD CHESHIRE (City-policeman, 452). On Wednesday, November 9th, I took Richards into custody on another charge—Harrison was taken at the same time and handed over to the officers who came to my assistance—Richards violently ill-used me—both of them were very violent—Richards struck me very much in the face—Harrison also kicked me in the ribs and back, and several thieves who were round them treated me in the same way—Richards bit me quite through the finger to the bone on both sides.
GUILTY .—They were all charged with having been before convicted; to which they
BROWN— Seven Year's Penal Servitude.
RICHARDS**— Ten Year's Penal Servitude.
HARRISON**— Eight Year's Penal Servitude.
FOURTH COURT.—Wednesday, November 23d., 1864.
Before Mr. Recorder.
MR. LILLEY conducted the Prosecution.
GEORGE TAYLOR . I live at 9, Pierpoint-row, Islington—about half-past 7 on the evening of 4th November, I was passing Mr. Moses' shop, High-street Islington, and saw the prisoner jump into a doorway and bring out a pair of trousers—I was about ten yards from him—I made a plunge at him, and caught hold of his waistcoat—he knocked me down—I cried out, "Stop thief!" and followed him till he was taken—he threw the trousers away—
Mr. Peers stopped him—the prisoner swore he would stab any one that offered to take him.
GEORGE PEERS . I live at No. 4, Graham-terrace, Islington, and am a cooper—I was in the Upper-street, on the evening of 4th November—I heard a cry of "Stop thief!"—I saw the prisoner running—I ran after him and caught him—he said, "Let me go, I have done nothing"—I said, "If you have done nothing, I will protect you, but I will hold you until some one comes—the prisoner tried tried to get away, and we had a desperate struggle—he had a knife in his hand and said he would stab any one that came near him—he cut me on the back of the arm and the back of the wrist, and made several stabs at my body—I called out, "Take the knife out of his hand!" and a young man named Brown came up.
BENJAMIN BROWN . I live at 6, Pierpoint-terrace—on the night of 4th November I was at my shop door—I heard a cry of "Stop thief!"—I went to the comer and saw the prisoner held by Peers—the prisoner had a knife in his hand, and was attempting to stab Peers—I took the knife from him, and he kicked me with great force—he said, "I et me go, I have done nothing."
THOMAS WILLIAM HARN . I am a surgeon of Pierpoint-terrace—on the evening of 4th November I was in Upper-street—I heard a cry of "Stop thief!"—I saw several people running after the prisoner—I ran after him, but before I got up Peers caught hold of him—I saw him take a closed knife out of his pocket, and he made an attempt to stab every person that came near him—I dressed the wound on the prosecutor's hand—it was a superficial cut.
GUILTY.**— Seven Years' Penal Servitude.
MR. LANGFORD conducted the Prosecution,
JOHN LONG . I am an artificial florist, and live at 57, Middleton-street, Clerkenwell—I know the prisoner from his calling on me for orders for Messrs. Langley and Young—on 22d July I owed them 2l. 7s. 6d., which I paid to the prisoner, and for which he gave me this receipt (produced)—I saw him write it.
THOMAS EDWARD HOBBS I carry on business at 30, Great Pulteney-street—on 6th October I owed Messrs. Langley and Young 6l. 14s. 9d.—I know the prisoner from his calling on me for orders—I paid him that amount by cheque, less discount—this is his receipt(produced).
BENJAMIN STACEY . I manage the business of Messrs. Stacey, of 3 and 4, New Inn-yard—I know the prisoner as a traveller—on 2d October we owed Messrs Langley and Young 15s. 6d.—the prisoner called for it and I paid him—this bill (produced) is receipted by the prisoner.
WILLIAM LANGLEY . I am in partnership with Mr. Young at No. 3, Salter's Hall-court—the prisoner was our traveller and collector—he has been in our service sixteen or eighteen months—it was his duty to solicit orders and collect accounts when he was authorized to do so—the prisoner has never accounted to me for 2l. 7s. 6d. received of Mr. Long; he ought to have done so, either to me or to my partner—he has not accounted for 6l. 8s. 0d. received from Mr. Hobbs on 6th October, nor for 15s. 6d. received from Mr. Stacey on the 22d of October.
GUILTY.—Recommended to mercy. — Confined Six Months.
HARTMANN PLEADED GUILTY .
MR. ORRIDGE conducted the Prosecution,
ALBERT SMITH . I am in the employ of Mr. Roser—I saw Hartmann in our place on 25th October—this paper (produced) is the property of my employer—it was taken out of our front sample room—there is no particular mark upon it by which I recognise it, but I know that this is the paper.
GEORGE POMEROY . I live at 2, Carpenter's-court—on 25th October, between 5 and a quarter-past, I saw Cooper running down Idol-lane, with a bundle of paper—I heard a cry of "Stop thief!"—just as Cooper got up to me he threw the paper away—I ran after him down Pudding-lane, and down several streets and then lost him—I took the paper to the station.
Prisoner. Q. Did you see me come out of the house with the paper? A. No; I saw you running down Idol-lane with it—that is about a minute's walk from Roser's.
WILSON MONGER . I am a City detective—I took Cooper in custody in Leman-street, Whitechapel—I had Hartmann with me handcuffed—we went to a beer-shop where Cooper was, and as soon as he saw me he ran away—I followed and took him into custody—I told him he was charged with stealing a quantity of paper from an office in Great Tower-street—he said he had not been there—as soon as Hartmann saw him, he said in Cooper's hearing, "That is the man that stole the paper"—Cooper did not say a word, or attempt to deny it.
GUILTY .** Seven Years' each in Penal Servitude.
MR. ORRIDGE conducted the Prosecution, and MR. PALMER the Defence.
CHARLES BAKER . I am a detective officer—on 31st October I went to 22, Upper Clifton-street, Finsbury, and saw Mr. Hunter—I picked out a set of harness there—I then went to the Horse and Groom, in the Curtain-road, and saw the prisoner—I told him I was a detective officer, and asked him whether he had sold a set of harness to Mr. Hunter of Upper Clifton-street, Finsbury, and he said, "No, never"—I then told him I should take him into custody for stealing a set of harness, the property of his late master, Mr. Stapleton, of Liverpool-street, City—I took him to Mr. Hunters, and when I got there he said, "Yes, I did Bell a set of harness for 4l. 1s. 0d."—Mr. Hunter came out and said, "That is the man that sold me the set of harness for 4l. 4s. 0d.—at the station the prisoner said he had sold them for a gentleman he did not know, whom he met in the street, and that he had 4s. for his trouble.
Cross-examined. Q. Did you caution him in the usual way, and tell him that whatever he said might be used in evidence against him? A. I told him I was a detective officer—I did not say anything about "seven months ago," or "six months ago," or "four months ago," in reference to this set of harness—I did not say to him, "Did you sell a set of harness to so and so seven months ago"—I asked him whether he had sold a set of harness.
HENRY HUNTER . I live at 22, Upper Clifton-street—the prisoner worked for me nine or ten years—I bought this set of harness (produced) of him—I think about 5th or 6th June—I gave him 4l. 4s. 0d. for it.
Cross-examined. Q. Is he a stableman? A. Yes; he told me that he had got this harness to sell for a gentleman's coachman—during the time be worked for me he always bore a good character—I did not suspect any thing was wrong.
MR. ORRIDGE. Q. Did you give the full value for it? A. I gave 14s. more than it was worth—he said he sold it for a gentleman's coachman whose master had got another set in place of it.
Cross-examined. Q. Has he worked for you? A. He has not done any work at our place for the last two years, but I have seen him on the premises several times—I know nothing of his character.
MR. ORRIDGE. Q. Is Mr. Stapleton the proprietor of a large Repository in Liverpool-street? A. Yes.
COURT. Q. How recently had you seen the prisoner on the premises? A. About the beginning of June—I could not say to a week or two, but I know that it was about that time.
The prisoner received a good character.—
NOT GUILTY .
MR. WOOD conducted the Prosecution.
FRANK GRANT . I am a seaman, lodging at 95, Old Gravel-lane, St. George's-in-the-East—on the Friday previous to 14th November, I was in Ratcliff-high way with the prisoner and two shipmates in a public-house—the prisoner said some girl had stolen his coat, and he would beat her—Isaid he should not—he then said he would beat both of us—I said I did not think he could do that—I took that as an insult, and caught hold of him by the coat, some blows followed, and we fell on the ground—when I got up he had a knife in his hand, and I found I was stabbed in the hand.
Prisoner. He followed me all the way from Tower-hill—I had a watch of his, and he said he would beat me if I did not pay him, or give him back the watch.
COURT. Q. Is that true? A. No, there had been no dispute about a watch—I know that a man named Johnson had lost a watch, but I never had it, and I never sold a watch to the prisoner.
WALTER COLEMAN . I am house-surgeon at the London Hospital—the prosecutor came there about 6 o'clock on Friday evening, the 11th—he had two wounds in his hand—they were dangerous at the time—this is the kind of knife that would have caused such wounds—it must have been a very broad knife.
RICHARD NEALE (Policeman, A 504). I went to King David's-lane and found the prisoner—I charged him with cutting Grant in the hand—he said, "I only did it in self-defence"—I searched him, and found this sheath knife upon him—I took the prisoner directly after this occurred—he was the worse for drink, but knew what he was about.
GUILTY of unlawfully wounding .— Confined Nine Months.
EDWARD NICHOLLS . I live at 30, Harrison-street, Gray's-inn-road, and am verger of St. Peter's Church, Regent-square—on Saturday, 8th October. I locked up the Church about 8 o'clock in the evening—on Sunday morning I found it had been entered, and cupboards broken open—I went into the Vestry and missed a clergyman's gown, a verger's gown, an alpaca bag, a pair of boots, and other things—I am not able to speak to these boots,
(produced), as they have been disfigured since they were stolen.
JOHN HEAD (Police-constable 2 E). I took Press and found some pawn tickets upon him—one of which related to this pair of boots—I have examined the Church, and compared this chisel (produced) with the marks there.
Press. I bought the ticket of a young man, I did not know the boots had been stolen.
ALFRED WILSON . I am a pawnbroker's assistant—these boots were pledged with me on 24th October, in the name of Press—and the address given was the Strand—I do not recognise Press as the person who pledged them.
NOT GUILTY .
GORMAN.— Twelve Months .
JONES.— Eighteen Months.
MR. METCALFE conducted the Prosecution and MR. NICHOLSON defended J. T. Inwood.
RICHARD STANWAY . I am in the service of Messrs. Shoolbred and Co., and am engaged in the furnishing department—in August lust the two male prisoners came there, and said they wanted to furnish a bachelor's bedroom,6 and also wanted a carpet for a sitting-room—they directed us to send a man down, and their housekeeper would give all instructions—the amount of the order was about 9l.—they gave the name and addresses as James Crane, I, Woburn-villas, Twickenham, and 8, Eastcheap—a man was sent down to measure for the carpet, but as no pattern was selected, the order was not proceeded with—the female prisoner called about a month afterwards and selected the carpet from Mr. King—Inwood, who seemed to act as Crane's confidential servant, he handed him a chair, and made me think he was a person of importance—the female prisoner introduced herself as the housekeeper of Mr. Crane—the order was executed and forwarded by our cart in the usual way.
Cross-examined. Q. What did Inwood do? A. He handed Crane a chair, and there was a bending of his head, and so forth—I do not consider it a common thing for one gentleman to hand another a chair in the way Inwood did to Crane—Inwood took no part in the conversation—he did not order any goods.
HORATIO LINNETT . I am engaged in the woollen department of Messrs. Shoolbred's—each department is quite distinct from the other—I have seen all the prisoners together once—the female prisoner I have seen three times—on 5th, 10th, and 19th October—she asked for some coating and some
shepherd's plaid for a suit—I sold her sufficient to make two pair of trousers, and some black cloth to make two coats—she told me they were to be entered to James Crane, Esq., 1, Woburn-villas, Twickenham—I then handed her over to the drapery department—on 10th October she came with Cranepreviously to serving her I saw Crane speaking to Mr. Shoolbred—she asked me for some black cloth, and said it was for Mr. Crane, who was speaking to Mr. Shoolbred, with whom he was intimately acquainted and with his father, that he had gone to school with him, and that Mr. Shoolbred had invited him down to his house—Crane said to me, "You will let this person have anything she may require on my account,"—she selected goods to the amount of 21l.—I asked her what Crane was, and she said, there were two of them, old batchelors, on the Stock Exchange—I saw her again on the 19th, but I did not serve her—I saw her being served with some black cloth of the same sort as she had had before, and also some velvet and some trimmings.
WILLIAM SHOOLBRED . I am the senior partner in the firm of Shoolbred and Co.—I have never seen the prisoner Crane before to my knowledge—I am not aware that he was a friend of my father's—the value of the goods he has had from us is upwards of 180l.—our establishment is divided into different departments, and, when once a credit is started in one department, it is easy to obtain goods on credit in another.
Crane. Q. Did I speak to you at all? A. I have no recollection of it—you never asked me to come and see some property you had for sale.
EDWARD HUGHES . I am in the linen department of Messrs. Shoolbreds'—I sold these table-cloths (produced) to the female prisoner on 22nd September—the amount of my order was about 25l. or 30l.—she said they were for Mr. Crane, 1, Woburn-villas, Twickenham.
CHRISTOPHER HORSEMAN . I am manager of the carpet department at Messrs. Shoolbreds'—on 20th October, I went to 1, Woburn-villas, Twickenham, and saw the female prisoner—I asked for Mr. Crane, she said he was not at home—I went in and saw a carpet in a room, and on the stairs, that had been obtained from us—James Inwood came into the room, but did not remain—the female prisoner asked who I was and what I wanted—I asked who she was, and she said she was Mr. Crane's housekeeper, and also his niece—I said I had come from Messrs. Shoolbreds', respecting the last quantity of goods that had been obtained from them, and wanted to know who Mr. Crane was, and she said he was a gentleman of independent property, and that he had property in Ireland and Devonshire, and also that he was a member of the Stock Exchange, that he had that day gone to London, and he might not be home that night; but if he did come he would be driving his own phaeton—I asked her where he kept the horses, she said in the stables—I asked her where they were, she said she did not know—I then left and went to 8, Eastcheap—I found the name of "Crane" on the wall, but I saw no one there, the offices were empty—I then returned to Twickenham, and saw Crane—I went in with a police-officer—Crane said that I was exceeding the orders of Messrs. Shoolbred, and if I persisted in taking the female prisoner on the warrant that I had obtained, he would see Mr. Shoolbred, who was coming to dine with him next week, and that I should be discharged—James Inwood said the goods were pawned by his wife to pay a fine for travelling on a railway without a ticket.
JACOB HART WALLER . I am in the drapery department of Messrs. Shoolbreds'—on 5th October I served the female prisoner with goods, amounting to 34l.—she said they were for James Crane, Esq. 1, Woburn-villas, Twickenham—on 19th October she came again, and selected goods to
the amount of 81l., amongst which was a Paisley shawl, worth 22l.—that order was not executed; it caused further enquiry to be made.
THOMAS ISAAC KING . I am in the carpet department of Messrs. Shoolbreds—about 20th September I received an order from the female prisoner for a carpet, value 17l. or 18l.—she said it was for J. W. Crane, Esq.—she brought this letter (produced) from Crane, asking us to let Mrs. Inwood select the carpet—I had been to Eastcheap and ascertained that he had an office there—the carpet was sent to J. W. Crane, Esq. 1, Woburn-villas, Twickenham.
ANNE CROWLEY . I am in the mantle department of Messrs. Shoolbreds'—I made a mantle for the female prisoner on 22nd September, she told me to enter it to Mrs. Crane, 1, Woburn-villas, Twickenham—the value was 3l. 10s.
JANE PARKINSON . I am in the bonnet department at Messrs. Shoolbreds'—the female prisoner came there on 10th October for a bonnet—she said she wanted a very stylish one as the "Captain" was very particular—she did not say who the "Captain" was—the price was 31s.—she came again, and ordered another bonnet which was to be a fac-simile of the last, except in colour—that order was not executed—she said I was to send it to J. W. Crane, Esq. 1, Woburn-villas, Twickenham.
CHARLES BIGG . I am manager of Messrs. Shoolbreds' parcel's department—it is my duty to see all the goods sent off from the packing-room—I sent goods to Crane eight different times; four times. by Parcels Delivery Company, and four times by our own conveyance—we have entries in our books of all those goods being sent.
Sarah Inwood, That was my first husband's name.
GEORGE PARROTT . I am a carriage driver in the service of Mr. Anstead, of Twickenham—on 5th October I drove the three prisoners from 1, Woburnvillas, to the end of Tottenham-court-road—we stopped at a public-house about twenty yards from Messrs. Shoolbred's place—we had something to drink, and then Crane and the female prisoner went away—Inwood stopped in the public-house with me—they were gone about three quarters of an hour—Crane came back before the female prisoner—I then drove all three to a shop in Cornhill; then to Somer's Town, and then to Twickenham—on 10th October I drove them from the same place to another public-house in the Tottenham-court-road—Crane and the female left, but Inwood was with me all the time—I then drove them to the City, and then back to Twickenham—Inwood wore a white hat and light clothes.
PAYTON DASHWOOD . I am the landlord of No. 8, Eastcheap—Crane took an office of me about last Midsummer—he never paid any rent—he removed the goods, without my knowledge, about ten days before quarter-day.
FANNY CORDUROY I was servant to Crane at Twickenham—Inwood, the female prisoner, lived in the house—Crane engaged me—Inwood did not act as Crane's servant; they all dined together—they all left the house, and never came back—when the female prisoner left, she gave me a shilling—they left nothing in the house to eat—I have not received any wages.
JESSE ROBERTS (Policeman; B 96). I was present when Sergeant Payne took Crane into custody—Payne is at present very ill—he searched the prisoner, and found a brass chain, a medal resembling half a sovereign, some brass studs, part of a ring, and a little knife—he had no money of any kind.
THE COURT considered that there was not sufficient evidence to convict the prisoners of conspiracy.
NOT GUILTY .
49. WILLIAM BAILEY (50), and JOSEPH MILLS (33) , Stealing, on 12th October, 2 gallons of oil; on 17th October, 4 gallons of oil; and on the 20th October, 15 lbs. of lead, the goods of James Nicholson.
MR. DALEY conducted the Prosecution, and MR. METCALFE defended Mills.
ROBERT LEWIS SPRAGUE (Policeman, 411). I have been watching the premises of Messrs. Nicholson, of 210, Upper Thames-street—about a quarter past 5 in the afternoon of the 12th October, I saw Bailey come out with a can apparently full, which he took to the Rummer public-house—he came out without it, and went back to Messrs. Nicholson's warehouse—about a quarter past 6, I saw both Bailey and Mills come out—Mills went to Fish-street-hill, and Bailey went into the Hummer, and brought out three cans, which appeared full—Mills waited about ten yards off from the public-house until Bailey came out, and then they went away together—on 20th October, about half-past 6 in the evening, I was opposite the warehouse—I saw Mills go into the public-house next door; he returned with Bailey—I saw them again come out; Bailey was carrying a piece of lead, and a bundle of wood—I left Mills locking the door, and followed Bailey to a marine store-shop in Lambeth-hill—I went in, and said to Bailey, "How came you with this lead?" and he said, "I have had it by me some time"—I told him I was a police-officer, and unless he gave me a satisfactory account of the lead, I should take him into custody—he said nothing, and I took him to the station—I then went to Mills's house, and waited till he came home—I said, "How do you account for that piece of lead Bailey brought out of your master's place to-night?"—he said, "I know nothing at all about it"—I told him I should charge him with being concerned in stealing it, and that I should search his premises—I went into the back yard, and found a large drum containing oil—I asked him how he came by it, and he said he had had it ever. since he was in business; twelve months ago.
Cross-examined. Q. Do you know whether Mills, after he locked the place up, gave the keys to a clerk? A. No; I was following Bailey—I do not know whether the clerk came out at the same time—this is the lead Bailey took(produced)—I employed my son-in-law to watch the premises for me.
ENOS HAWES . I am thirteen years old, and live at 62, Coleman-street, with Mr. Sprague—on 17th October I was watching Mr. Nicholson's ware-house—about half-past 4, I saw Mills come to the loop-bole—he called Bailey and gave him three cans—Bailey they went to Mr. Annerson's the
rag-merchant's in Thames-street—he left a large can there, and then returned to the Brown Bear, where he met Mr. Fennerly, and then went to London-bridge—I have often seen the prisoners together.
Cross-examined. Q. Do you remember seeing the clerk when you saw Mills and Bailey? A. No.
SAMUEL HALL . I keep the Rummer public-house—on 12th October Bailey came, and he asked me to let him leave a couple of cans—I gave him permission—they appeared like gallon cans, such as are used by oilmen—he called again, and took them away.
Bailey. Q. Did not you buy six bottles of ketchup of two men? A. I did.
Prisoner. I bought the remainder, and that is what was in those cans.
WILLIAM GOODE FENNERLY . I am a carpenter and builder, of Eldon-cottage, Norwood—on 17th October I went to Messrs. Nicholson's warehouse for some goods—I saw Mills and Bailey there—Mills put the goods I had purchased on Bailey's shoulder—he then went and fetched a can, which he also gave to Bailey—the can appeared to be full—he left my goods, two drums and a can, at a public-house whilst he went somewhere with the other can—when he returned he had not got the can—he was away about ten minutes—he afterwards took my goods to the London-bridge station for me.
EPHRAIM EDWARDS . I am shopman to William Edwards, of 186, Upper Thames-street, rag-merchant—about 17th October Bailey called there, and left a large can, which he called for in about an hour—he asked me if he might leave it there, and I said, "Yes."
MANFRED GEORGE STAFFORD . I am a clerk in the employ of Messrs, Nicholson—Mills was foreman of the porters—his duty was to superintend the packing and delivery of goods—we had some lead on the premises similar to this produced—Mills had no authority to send it away, or take it out of the warehouse—I know Bailey as an occasional porter—I believe Mills has been in the employ about thirteen years.
JOSEPH BEAN . I am a clerk in Messrs. Nicholson's employ—it is my duty to enter all the goods that are sent out in a book—Mills used to tell me what to enter—I find no entry of three cans of oil on 17th October—there were five gallons of turpentine sent out on that day in one can—I do not find an entry of any goods to Jones, of Talbot-court, on 17th October—I have searched the file, and find no receipt for goods so sent.
Cross-examined. Q. Do you find a receipt for goods sent to Jones on 17th? A. Yes—I cannot say whether those goods were delayed in the delivery—I do not remember asking Mills when he was going to send those goods to Jones—I remember being present when Mills locked up the premises on the 12th—he gave me the keys—I do not remember taking the keys on the 20th—the premises were always locked up between six and seven—if I was not there to enter the goods some one would enter them for me.
BAILEY— GUILTY .— Confined Three Months.
MILLS— NOT GUILTY .
The following prisoners PLEADED GUILTY:—
OLD COURT.—Thursday, November 24th, 1864.
Before Mr. Baron Bramwell.
52. JOHN OSTERFIELD WRAY (28), and WILLIAM ANDERSON (42), were indicted for Feloniously sending, on 26th September, to Montague Augustus Clarke, a letter demanding money, with menaces, and without any reasonable or probable cause; Second Count, for sending on 5th October a letter to the like effect; Third Count, for demanding money with menaces.
MESSRS. METCALFE and HUME WILLIAMS conducted the Prosecution, MESSRS. BIBTON and F. H. LEWIS defended WRAY and MR. KEMP appeared for ANDERSON.
MONTAGUE AUGUSTUS CLARKE . I am a captain in the 50th Regiment, quartered at Parkhurst in the Isle of Wight, the regiment had recently come from New Zealand—in consequence of seeing some advertisements, or some books, I went up to London to consult Dr. Henery, at 52, Dorset-street—I saw Wray there—I asked him whether he was Dr. Henery, he said, "I am"—this was in August last year, I think about the 17th—I consulted him about some disease that I was troubled with—he gave me very little advice indeed upon the subject—he said he would forward a box of medicine to me—I asked what his charge was—he said a guinea for the advice he had given me, and ten guineas for the medicine—I asked him to send me the medicine in town to the hotel where I was staying—he said it would be much better to forward it to my address where I was living habitually, or something of. that sort—I don't recollect whether I had given him my address at that time, I think not, but I am not quite sure—I gave it him on that, and the medicine was subsequently forwarded, a day or two afterwards—I paid him in cash, 11l 10s., I think it was—I took the medicine and sent for a further supply, I don't exactly know how often—I sent up a cheque each time—I sent six cheques—these are them (produced)—I paid 20l. on one occasion; altogether I paid 84l. or 85 l.—these cheques are drawn in the name of A. F. Henery; and they are all endorsed except one, which was made payable to bearer—these (produced) are the acknowledgments I received—they are generally, "Received your enclosure with thanks, A. F. Henery," one is signed, "Pro A. F. Henery, J. Wright"—after receiving this medicine and paying this money I consulted another medical man; I ceased to have anything further from Dr. Henery—I think I sent him a cheque afterwards for some money that I owed him, but I gave no further orders—I think that was about February, it may have been January or February—I neither saw or heard anything more of the parties till July this year—this letter was then put into my hands, professedly coming from Dr. Henery—I presume it is in his handwriting, it is signed "A. F. Henery."
MR. RIBTON Q. You never saw Dr. Henery write? A. No—I took very little notice of the letter when I received it—I did not intend to have anything to do with the person—if I had picked it up in the street I don't know that I should have had any belief as to its being his writing.
COURT. Q. Have you acquired a sufficient knowledge of the characters of Dr. Henery's writing, from the letters you received from him, to enable you to express an opinion upon it? A. Yes—I have received a number of letters which appear more or less in the same handwriting (Read: "Medical Institution, 52, Dorset-street, Portman-square, London, July, 1864. Consultation hours daily from 10 to 2 A. M., and from 6 to 9 P. M. Post Office
orders to be made payable at the Money Order Office, Duke street, Manchester-square. No. 3, private room, Bugle Hotel, Newport Dear Sir,—Experience has proved that in cases similar to what you are suffering from, a personal interview invariably leads to the advantage of the patient, I therefore have requested the bearer, a gentleman of great experience and skill, to see you as he happens to be in your neighbourhood on a professsional visit Yours truly, A. F. Henery, M. D. W. Anderson.")—I did not reply to that letter, or take any notice of it, neither did I see the man—about two months afterwards the prisoner Anderson came to the barracks—I was informed that a person wanted to see me, and I went out and found it was Anderson—he said, "I come on the part of Dr. Henery," or words to the effect—I said, "I don't wish to have anything further to do with Dr. Henery,"—he said, "Oh, but are you aware that Dr. Henery has a very heavy claim against you?"—I said, "No; I am not,"—he said, "Dr. Henery sent me down because he has a claim of 150l. against you"—I said, it was an impossibility, he could not have such a claim—he said that he had come down in a great hurry; that Dr. Henery had only told him of this claim the night before, and asked him to come down, as he had written several letters to me, and could get no answer—I said I had not received any of the letters, if he had written them—he then went with me over to my quarters—we had some conversation on the subject, and he asked me to give him a cheque for the 150l.—I declined to do so, and as I declined giving him a cheque for 150l. he reduced his demand to 100 guineas—he said, "You had better settle the thing; draw out a cheque for 100 guineas"—I declined that also—he asked me that five or six times at least, and pressed me very much, even when he was leaving, he said, "Oh, you had much better settle the matter; give a cheque for 100l., and let it be over"—I said, "Who are you? You make this claim against me, and I don't even know who you are"—he said, "Oh, it does not matter who I am!"—he declined to give me his name—just before he left, he said he had come down in a great hurry, and asked me to give him some money—I think he said, "Give me a sovereign"—I said, "What for?"—he said for his expenses—I said, "Dr. Henery sent you down; I think he is the man to pay your expenses, not me"—he said, "I came away in so much hurry that really I have very little money in my pocket;" in fact, he led me to believe that be could not get out of the island if I did not give him some money—I wanted to get his name, as he had refused to give it me, and I said, "Very well, if I give you a sovereign, you must understand, I shall demand a receipt for it," and to that he consented, and he wrote the receipt in my presence—he dated it wrong although I told him the right date (Read: "17th November. Received on account of expenses the sum of 1l from Captain Clarke. H. Wilson")—he then left after some time; I sent for a cab to take him away—three or four days afterwards I wrote this letter to Dr. Henery, and posted it in the ordinary way (Read: "19th September, 1864, Park hurst. Sir—a gentleman, describing himself as your agent, called on me last Wednesday, the 15th, and made a claim of 150l., said by him to be due to you by me. As I am quite unaware of owing you such a sum of money, I shall be obliged by your forwarding to me the particulars, that I may hand them to my legal adviser. I was when he called, under the impression that I should be in London on Wednesday or Thursday next. I am not now sure that it may not be a day or two later; to ensure my receiving your communication address to Cox and Co., where I will call for it on my arrival in town"—I forgot to mention that before Anderson left me I proposed to call
on Dr. Henery—he replied that that might be inconvenient unless he knew positively that I was coming up at a certain time—I said, "Why? Dr. Henery advertises that he is to be consulted at such and such on hour every day—he said, "Yes, so he does, but he is out of town very likely; indeed, I have some reason for believing that he is about becoming bankrupt, and he is keeping out of the way"—after writing that letter I received this, dated September 26th—I believe it to be in the same handwriting—the signature most undoubtedly is, and I think also the rest of the letter—
(Read: "Medical Institution (as before). Sir, I regret exceedingly to have to inform you that your letter did not reach me till Saturday night, otherwise it would have received my immediate attention. Nevertheless, I have to remind you that you promised the gentleman who waited upon you at Parkhurst that you would call in Dorset-street, therefore I do not understand your giving so much trouble in the matter. I have to inform you that my claim for 150l. is for medical advice and medicine, for spermatorrhoea, brought on by self-pollution. If you will satisfy my claim without further trouble I will give you a receipt in full of all demands, or sign any paper that you may choose to draw up, so that you shall not be troubled again by your obedt. servant, A. F. Henery. P. S.—I called at Cox and Co. 's this morning, and found you were there on Saturday, so therefore I hope this will reach you there"—That was the first time that such an insinuation as is contained there was made—I handed that letter to my legal adviser, and took no further notice—on 5th October, another letter was put into my hand by my servant; this is it—it is signed, H. Wilson—I believe it to be in the same handwriting as the receipt which Anderson signed—(Read: "Warburton's Hotel, Newport, Private sitting-room, No. 4, Oct 5. Sir. I am here expressly from London to see you, with a view to effect a settlement, if possible, of Dr. Henery's claim, and anticipating your refusal to see me in your quarters is the reason I have penned this, and would recommend you to do so at once, for rely upon it I do not intend journeying here for nothing. Your letter from your solicitor has been received, and I have that and some from yourself, with me. Now, supposing I was to inform you application would be made at the War Office, with an explanation of case, and if we were to do so you know what the consequence would be; or supposing I was to inform you I expected to be in your neighbourhood in Scotland next week, and that I do not intend leaving here, in the event of your still persisting in your refusal to pay, without making known in the neighbourhood for what purpose I am here. I am in no hurry, and will allow you time to reflect whether it will be better to pay Dr. Henery's legal and just claim, or submit to exposure of your filthy case. I have to inform you that I have waited upon one of the oldest solicitors in Plymouth since I saw you, with reference to a claim we had on his son; and, on explaining what we would do in the event of his not paying us, he soon saw the force of what we said, and paid us it. Now the reason I did not tell you what we intended doing in the event of your not paying when I was here before, was because you promised to call in Dorset-street, and relying upon your worked as a gentleman was the only reason I did not do so. Yours obediently, H. Wilson. P. S.—It is useless for you to pretend you are not in quarters, for I knew you to be there (and was there last night when I called) before I left London")—Some of my friends live in Scotland; my father does—I had not mentioned Scotland to either of the prisoners, but I wrote from Scotland once or twice to Dr. Henery, and one parcel of medicine was sent down
there; he knew my address—I placed this letter also in the hands of my legal advisers.
Cross-examined by MR. RIBTON. Q. I suppose, when you came up to London to consult Dr. Henery you were, without going into details, labouring under some malady or other? A. Certainly—I was not aware of its having been for some time—when I saw him I described my symptoms to him—he put certain questions to me which I answered—the interview lasted about five minutes, I think, or somewhere about that time; I can't exactly state how long, it is so long ago—there was a form of examination gone trough; I don't think it was worth much—there was an examination—I don't think there were many questions about my mode of living, as far as I recollect—I told him I was in the army, and what regiment I was in, when he asked for my address—he entered my name in a book—the medicine as not made up then; it was sent to me two or three days afterwards—if I am not mistaken I wrote to ask the cause of the delay—I don't think I received any answer to that letter—I received the medicine, and I suppose he considered that enough—I did not receive any answer stating that there as a difficulty or delay in making it up—I paid him for it when I was there; it was a box containing twelve bottles—I have not consumed all the medicine—I don't know what has become of the rest—I gave one bottle up to the solicitor—Dr. Henery gave me general directions as to the regimen I should follow; printed directions—I have not got them, I burnt them—I ought they were of no use—I did not follow those directions further than had been following them all my life—he recommended cleanliness and exercise, and so on; all those sort of things I have been in the habit of ending to all my life—there were certain articles that he recommended me not to eat, and he recommended bathing—he said I ought to follow those directions; at the same time I was to take the medicine—I derived certain benefit from it, up to a certain point; there is no doubt of that—as I received the subsequent boxes of medicine I sent him up a cheque for them 10 one recommended me to consult my own family physician; I did it of own free will.
Cross-examined by MR. KEMP. Q. Upon any of the occasions on which I went to Dr. Henery's place, did you see Anderson? A. I did not—I was never there but once—I did not see Anderson on that occasion, no one but Henery and the boy who let me in—all the communications I had with Henery after that were in writing—I only saw Anderson once, to the best of my belief—he did not give me any letter personally—he sent me letters, but never delivered them to me—the receipt was the only occasion a which I saw him write—when I saw him he told me that Dr. Henery had a claim against me—at first, he said 150l.—I did not say, "It cannot be as much as that; I think a cheque for 20l. or 30l. would settle his bill"—nothing of the kind—I said I acknowledged owing Dr. Henery for a box of medicine, which I was perfectly prepared to pay—that was ten guineas; but I could not possibly pay anything more, and would not pay it—I told him I would communicate with Dr. Henery—I did not say that my regiment would be at Gravesend shortly—I probably said I should be going to Gravesend shortly, and that in coming back through town I would see Dr. Henery—I did not see him—I wrote to him previously, therefore I did not think it necessary—I had no written communications with Anderson—he once wrote to me—I never wrote to him.
MR. RIBTON. Q. I suppose you went to Dr. Henery in consequence of seeing some advertisement in the paper; were you, as a matter of fact,
or did you believe you were, suffering from a disease that is called spermatorrhaea? A. Yes, I believed so.
MR. METCALFE. Q. You have consulted your medical man about it since, I believe Í A. I have—I was in the Crimea, and was wounded there—I think very likely my constitution was damaged by exposure—I was very badly wounded, and I have suffered very much since—I was only wounded once; but I was very badly shot in the head.
ALEXANDER THOMPSON . I am a clerk in the London and Westminster Bank, Holborn branch—there is an account kept there in the name of J. O. Wray—to the best of my belief the endorsements on these cheques is in the handwriting of the person keeping that account—I know Mr. Wray—it is the prisoner—these cheques were passed to his account.
EDWARD CHARLES RYLEY . I am a gentleman, living at Letherhead—I am acquainted with the prosecutor—on 17th October last, I was in the chambers of his solicitor, Mr. Fry, in Dane's-inn—while there the prisoner Anderson entered the room—when his name was announced, I asked Mr. Fry if I should retire—he said no, I had better remain, and on that the clerk showed Anderson into the room—Mr. Fry asked him what he came there for—he said, "I called in the matter of Captain Clarke," or words to that effect, "to know why Dr. Henery's claim is not paid"—I am not quite sure that he mentioned the name of Dr. Henery; but he said, "I have come in the matter of Captain Clarke to know why the claim is not I paid"—Mr. Fry said, "I am surprised that you should make such a claim I after that threatening letter," or words to that effect; upon which Anderson I said, "Oh, I wrote the letter, and signed it in the name of Wilson, because I thought if I signed it in my own name Captain Clarke would deny himself, and not see me;" upon which Mr. Fry said, "Well, the claim will not be paid, and I think it is as well to tell you that further proceedings will be taken;" upon that Anderson withdrew.
Cross-examined by MR. KEMP. Q. Did he make no reply to that? A. I don't think he did—I think he said, "Very well," or something of that sort, and then left—I was present during the whole of the conversation.
EDWARD WHITE (Police-sergeant, D 16). On 22d October, I went to 52, Dorset-street—on that day the case was to be heard at the Police-court—Anderson appeared there on that day—Henery did not—in consequence of his not appearing, au officer who accompanied me received a warrant to apprehend him—I went to the second floor front room, and saw the prisoner Henery, or Wray, in bed—I said, "Now, Henery, come, get up; this warrant is for your apprehension. You must attend the Police-court directly"—he had a pocket-handkerchief to his mouth—he said, "I can't get up, I am too ill"—I said, "That is all nonsense; I saw you out yesterday, and you must get up"—he said, "But my name is not Henery, and if the summons had been made out in the name of Wray, I should have attended"—I pulled the clothes off from him, and then saw that he had got his drawers on, and a clean dress-shirt—I said, "Come, get up now; you are well enough to come to the Police-court"—with that he got out of bed—while dressing, he said, "Why don't he pay the money? he knows he owes it"—I said, repeating his words, "He owes it?"—he answered, "Yes, Captain Clarke, and I have his handwriting to prove it"—suiting the action to the word, he went to his coat pocket, and pulled out a packet of letters in an envelope, on the outside of which was written, "Captain Clarke's letters"—he laid the letters down upon a table, and said, "It is among these documents, and I have a complete answer to the charge"—while he was dressing, I was curious
enough to take up the envelope, and take out some of the papers—Henery came to me, and said, "Don't you touch my papers; put them down"—I went to a desk and opened it, and looked oyer some papers—he requested me to close the desk and not interfere with his private papers—I took him into custody—on leaving the house, Captain Clarke was outside, I then told the prisoner that was Captain Clarke—we walked on some distance, and while walking he pulled this packet of letters from his pocket, with Captain Clarke's name outside, and sorted them, and he said, "Can speak to Captain Clarke?" who-was walking behind—I said, "You may if you like"—by that time he had got a particular letter at the top—he turned short back to Captain Clarke and said, "You are Captain Clarke, I believe?"—he made no answer—Wray put his hand on the paper and said, you choose to go on with this matter you will be very sorry for it, for I have your handwriting here to prove that you acknowledge the debt, and must put up with the exposure, for I have a complete answer to the case"—shortly afterwards he said he would not forego his claim whatever's Captain Clarke might take—I have since seen some letters this morning in court which I handed to Mr. Fry—this one was the one which was nearly at bop of the packet—I believe it to be one of those I saw in that packet when ok Wray into custody—I have seen him write several times—I am tainted with his handwriting from seeing him write—to the best of my? if this document is in his handwriting, and I am almost positive it is one hose documents that he produced on that occasion—to the best of my if this other, dated 19th September, is the letter he placed his hand upon when he spoke to Captain Clarke—I saw September, but no date—I believe it to be the letter—I could not speak to this green paper—I saw a piece of writing paper of the same colour, but I could not speak to this—there was a number of them; I should say fifteen or sixteen—these are apparently copies or drafts of the letters that have been read nearly word for word.
Cross-examined by MR. RIBTON. Q. Do you say that it is in the handwriting of Wray? A. To the best of my belief it is—this morning was the first time I saw it, and I was of that opinion the first time I had it in my hand—this morning was the first time I had it in my hand—I have not the slightest doubt it was one of the papers I saw the prisoner with when I took him into custody—this morning was the first time I read it—this is the first time it has been offered in evidence—I have seen Wray write at toe police-station—I have seen him write his name, address, and profession; that was all—I have seen him do that six, seven, or eight times at the Marylebone police-station—I should say at least five times his name, address, and occupation—from that I speak to the best of my belief to his handwriting—I have one of his signatures here (producing a charge sheet)—I saw writing in his desk, and that was the same—I have looked at the charge-sheet since this paper was shown to me this morning, and I have compared several letters with it—it is not by that comparison I judge—before I compared it directly it was put into my hand I was of opinion that it was his writing—that was not from comparing it with the handwriting in the charge-sheet—he has a peculiar way of holding his pen, and directly this was put into my hand I believed it was his handwriting—he writes a very free hand, and that is the way he writes—I judge from the way of holding his pen and the free-ness of the writing altogether, combined with seeing his signature—I have not founded my belief entirely on comparing it with his signature—I saw a lot of his writing in his room when I apprehended him, and I have also seen him write at the station; never anywhere else—I said I did not want the
assistance of the charge sheet to enable me to form an opinion about it—I do not found my opinion on that, but on his style of writing, and also from the documents I saw in his room that morning—I read several of them—I did not take possession of them—they were in his desk—I could tell you what was written on some of them.
Cross-examined by MR. KEMP. Q. How long have you known Henery as living at this place? A. I have known him for the last eight years; I should say he has lived at No. 52 Dorset-street seven years—the first time I saw Anderson with Henery was somewhere about eight or ten months since—that was not in the shop; outside in Baker-street—I have never seen him in the shop, but I have seen him with Henery more or less for the last three mouths—between those periods I was in the habit of frequently seeing Henery—I have seen Anderson with him more than once, but not so much as the last three months—eight or nine months ago was the first time I saw Anderson with him, but for the last three months I have seen him with him him more frequently than before.
MR. METCALFE. Q. Have you seen Anderson at the place in Dorset-street? A. Not there; I have seen him come from there, and I have seen them in company—eight or nine months ago I saw him coming from the shop, but not in the shop—(This paper being read, contained drafts of the three letters read)—I received that paper this morning in Court from the clerk to Mr. Herring, Wray's former solicitor; also the two letters of Captain Clarke's dated 19th September and 20th August—when Wray was first taken into custody Mr. Herring appeared for him, and in the police-court he handed over to Mr. Herring the parcel of documents that I had seen in his possession—Mr. Herring afterwards ceased to act for him.
MR. RIBTON. Q. Were you at the police-court on the first occasion? A. No; I was there on the Saturday when the case was gone into—Mr. Herring, first of all, appeared for Anderson, and when I brought Wray to the Court, Mr. Herring said, "I now appear for Wray, sir; we will call him Wray?"—I understood that he did not intend to appear for Anderson—on the next occasion you appeared for Wray, instructed by Mr. Lewis—Mr. Herring then appeared for Anderson.
MR. RIBTON (for Wray) submitted that with respect to the letter charged in the first Count of the indictment, it did not contain anything that amounted to a menace or threat within the meaning of the Statute, and as to the one charged in the second Count, sent by Anderson, it was clearly sent and delivered in the county of Hampshire, and, therefore, out of the jurisdiction of this Court.
MR. LEWIS (on the same side) with respect to the question of venue, urged that even if the Jury should be of opinion that the draft which had been produced was in Wray's writing, that would not bring him within the jurisdiction of this Court; the utmost it would shorn, would be an agreement within the jurisdiction that an offence should be committed by another person out of it; he further urged that a menace must imply a threat of some personal violence.
MR. METCALFE, as to the first objection, contended that coupling the demand of the 150l. with the alleged disgraceful cause of illness, and the subsequent conduct of the prisoners, a menace was clearly intended, and as to the second point, he drew attention to the fact, that the draft-letter was found in London; the strong inference would therefore arise, that the letter written by Anderson was copied from it also in London; at all events, there roas evidence for the Jury to that effect.
MR. RIBTON in reply submitted that if the offence consisted in the writing of the
letter, there might be tome force in the argument, but the offence was the sending and delivering and there was no evidence to show that the letter sent by Anderson was ever in the possession of Wray.
MR. BARON BRAMWELL , I do not think the first letter comes within the Statute; it contains no menace or threat. A case has been shown me which occurred before my brother Talfourd (see Reg. v. Prescott, Sessions Paper, Vol. 39, p. 82), in which the objection was taken that a menace must imply a threat of personal violence, and it was ruled that need not be so. "(The learned Judge having retired to consult the Recorder, proceeded), "It is unnecessary for me to express any opinion whether this is a menace within the Statute; I think it is very doubtful. I should, if necessary, rule that it was, because it has been so held before; but I cannot see any evidence here against these prisoners that they have committed any offence within the jurisdiction of this Court; that it, that they have, within this jurisdiction, sent, delivered, and uttered this letter. The important letter that was actually sent, delivered, and uttered, is that of 5th October, which was, in point of fact, sent, delivered, and uttered in Hampshire. If it had been sent by the guilty party through an innocent agent, there might have been a sending within the jurisdiction, if for instance, it had been tent by post from London; but in this case the delivery, in my opinion, was in Hampshire, therefore on this indictment the prisoners must be acquitted.
NOT GUILTY .
53. JOHN OSTERFIELD WRAY (28), and WILLIAM ANDERSON (42), were again indicted for Unlawfully publishing a libel against Montague Augustus Clarke, with intent to extort money. Four other Counts varying the mode of charging. Sixth Count, for a conspiracy to defraud. Seventh Count, for a. conspiracy, by threatening to publish a libel, to extort money.
MR. METCALFE proposed to confine the case only to the sixth and seventh Counts.
The evidence, as given in the former case, was read over to the witnesses, and stated by them to be correct.
Upon the draft-letter, obtained by Sergeant White from the clerk to Anderson's former solicitor, being tendered, MR. LEWIS objected to its reception on the ground of privilege, which the fact of the attorney having since retired from the ease did not remove; if notice to produce had been served, secondary evidence might be given, but at that course had not been taken, he submitted the letter was inadmissible. MR. BARON BRAMWELL was of opinion that the letter must be admitted, first, because there was evidence that it had been in Wray's possession, and secondly, as the contents showed an internal connexion with the other documents produced, it was relevant to the matter in hand and evidence against him; although it might be a breach of duty on the part of the attorney to give up the letter, yet he had in fact done so: if he had dropped it through carelessness, that would have been a breach of duty, though not a gross one, and if the police-sergeant had picked it up, he might have had no right to detain it; but the practical answer to the objection was the presence of the letter. If the attorney had been subpœnaed, and had objected to produce it, because his possession was the possession of his client, he was inclined to think the objection would have been a good one, and that secondary evidence might have been given.
The letter was read.
MR. RIBTON then submitted that there was no case for the Jury; that as the Counts for libel had been abandoned, the seventh Count, which charged a conspiracy to publish it, must be abandoned with it, and as to the sixth Count, there
was not sufficient evidence to sustain it. MR. BARON BRAMWELL did not consider that the seventh Count need be withdrawn; the opinion of the Jury must be taken.
GUILTY on the sixth and seventh Counts. — Confined Two Years each.
NEW COURT.—Thursday, November 24th, 1864.
Before Mr. Recorder.
54. HENRICK ANTONIO SCHWARTZ (23) , Burglariously breaking and entering the dwelling-house of Henry Cohen, and stealing therein 1 coat, and 500 pieces of cloth, his property. Second Count, Feloniously receiving the same.
MR. WILL conducted the Prosecution.
The evidence was interpreted to the prisoner, who was tried by a half foreign Jury.
CHARLES HOUSEMAN (Policeman, 204 H). On Thursday morning, 20th October, about 3 o'clock, I was on duty in Bell-lane, Spitalfields, and saw the prisoner carrying a large bundle—I stopped him, and asked him where he got it from—he made some answer, which I could not understand—I made him understand by signs that he must take them where he got them from—he took me down several courts, and at last to 9, Dimes-buildings—I knocked at the door; some one answered from within—I turned to answer them, and the prisoner dropped the bundle and ran away—I pursued him as far as Petticoat-lane, where I lost sight of him—I ran back and got the bundle, which contained materials for twenty-eight coats, which the prosecutor identified—I heard about half an hour afterwards that the prisoner was taken—I went to the station and identified him—the bed-room window has no fastening, and the prisoner had climbed a lamp-post level with it, and got in that way.
HENRY COHEN . I am a tailor, of 9, Dimes-buildings—on Thursday night, 20th October, about 3 o'clock, I was asleep—a policeman called me—I got up and found my door open—I had left it shut, and fastened with a holt and key—I did not see the prisoner—these goods are mine; they are the materials for twenty-eight coats, worth 1l;. each when they are finished—they were safe when I went to bed at half-past 1—I do not know the prisoner.
Prisoner's Defense. A party gave me the bundle to carry, and said that he would give me sixpence.
GUILTY on the Second Count. — Confined Three Months.
MR. R. N. PHILIPPS conducted the Prosecution, and MR. DALEY the Defence.
RICHARD BAKER . I am manager to Ferdinand Hershfeld Peraire, a merchant, of 24, Cannon-street—the prisoner was his town traveller for about thirteen months, and was in the employ of other parties besides—his duty was to obtain orders, receive the moneys when due, and pay them over to me or to Mr. Peraire—about the latter end of October I told him that several accounts of his customers were not paid, and I should have to take steps to recover them—he said that some of them were not able to pay, and made various excuses, and that he would try to get them in—when pressed closely, he said, "I told you, Mr. Baker, I have taken the cash of some of them"—I looked rather surprised, and said, "To what extent have you done so?"—he said, "To about 30l."—I said, "I am indeed surprised to hear you say so; it is a very serious thing, and I feel it my duty to acquaint
Mr. Peraire with it," but I did not do so till about a fortnight afterwards—during that time be canoe three or four times, and each time I said, "Mr. Hamilton, have you got any of those accounts?"—he said, "Mr. Baker, I am sorry to see you take it so much to heart, because I value your good opinion, and it will be all right"—I asked him each time if he was prepared to pay the money—he said, "No"—I said, "I cannot allow you to go on any longer; you or I must tell Mr. Peraire this morning"—he then went to Mr. Peraire, who was in the warehouse, and I heard him say that he had cashed some money—Mr. Peraire asked him to what amount—he said, "Well, perhaps, to the amount of 50l"—Mr. Peraire came into the counting-house, and told me to send for a policeman—he then gave the prisoner in custody—he may have collected from 100l. to 200l. during his employment—Mr. Giddings, Mr. St. John, and Mr. Purchase, are customers of ours.
Cross-examined. Q. Did you engage the prisoner? A. No, Mr. Peraire did—he was to be paid by commission on all goods sold by him—the commission was paid at any time he liked to have it—when an order is given the name of the customer would be entered in the commission book, and the amount of goods sold—I should do that from our sales book, which I keep—the prisoner brought his orders in written on paper—four months' credit was given in some cases, and 21 1/2 per cent discount in a month—the prisoner was paid on the bulk sum at which the goods were invoiced—if he required payment of his commission in a week after he obtained the order, he would not have it, because it would give us unnecessary trouble—when I said that he had it when he liked, I meant once in three months—he would be paid by a cheque—he has not been paid this; he has not applied for it—he received no cheque from Christmas till he was put into gaol—I am positive he never told me that he had retained some of the accounts to pay his commission—I had no knowledge that he had used sums, and not paid them over to me—these papers (produced) are my writing—the whole of the business the prisoner did was his own connexion, but he did not obtain many customers—the business he did was small; 400l. to 500l—we had no other collector—he collected from all our customers except those in the City, which I collected myself—our trade is principally on the Continent, and he must have known that commissions alone could not have paid him—he collected for other houses as well—I do not think he ever told me that he was put to considerable expense in extending the business—he did not tell me he had laid out, in soliciting orders, some of the sums he had received—he said that he was expecting funds; I believe that was from the Ornamental Wood Company—he said latterly when I pressed him for the money, "Well, I am looking out for a partner, and I shall do your business in a different way; I shall buy the goods of you as a wholesale buyer, and supply them myself"—Mr. Peraire had objected to such small orders, and complained of it for four or five months—I said that if he would pay the money at once from his connexion I would allow him 2 1/2 per cent.—I was not then aware that he had received any money—I have a book in which I enter what accounts are due, and I keep this book (produced)—I handed the prisoner a paper, and said, "Here is so and so; I must have that paid n—he said, "I will see if I can get any of them in"—the information in our books, from which this is abstracted, is not furnished by the prisoner, but from our ledger—I do not know when I made out these two papers (produced), I make out so many of them—I gave him the account, Chapman, 4l. 15s.—he did not furnish me with it—I have not noticed that some of these figures are struck through with a pencil; those marks were not there when I handed it to him—if they
were struck through by me they would have been in ink—when I first heard that he had received some of these accounts, I gave him a fortnight's time, on his promise that he should receive some money, and would pay it—he said many times that the Ornamental Wood Work directors were about to meet, and he should have some money—I believe he brought orders within the fortnight after he told me this; if he did I should have taken them.
MR. PHILIPPS Q. What was the commission he had? A. 5l. percent, on some goods, and on some small accounts 21/2—I never said that he was to retain any amount to pay his commission—Mr. Giddings was a customer brought by him, and the goods supplied by us—in the case of Mr. St. John and Mr. Purchase, the goods were supplied by us.
COURT. Q. Can you say how recently you gave him these two papers to collect, which have been put into your hands? A. I can not.
JAMES GIDDINGS . I am an upholsterer, of 210, Kentish-town-road—I know the prisoner as traveller to Mr. Peraire—on 5th August I paid him 3l. 9s. 6d. on account of Mr. Peraire—he gave me this receipt (produced)—it is signed by him, and stamped.
HENRY ST. JOHN . I am an upholsterer, of 15, Brompton-crescent—I know the prisoner as traveller to Mr. Peraire—on 1st August I paid him 3l. 9s. 4d. and he gave me this receipt (produced)—I saw him write it.
JOHN JAMES PURCHASE . I am an upholsterer, of 249, King's-road, Chelsea—I know the prisoner as a town traveller—I paid him, on 22d July, 8l. 9s. 3d for Mr. Peraire—he gave me this receipt. (Signed, "J. H, Hamilton, for Heishfeld Peraire & Co.")
FERDINAND HERSHFELD PERAIRE . I am a merchant, of 24, Cannon-street, City—the prisoner has not accounted to me or paid me these three sums—I think I engaged him—his duty was to take orders from his customers, whom he represented to be very numerous, from his former connexion, and if the amounts were due, to collect them and band them over either to me or to Mr. Baker as soon as collected—it was distinctly stated several times that the amounts must be handed over directly.
Cross-examined. Q. Why did you tell him so several times? A. Because once or twice I saw that amounts collected on Friday or Saturday were put down on Monday—I said that I would not allow it, but that the money must be brought to the office as soon as it was paid—when I gave him in custody I did not know that he had not received his commission for twelve months—the commission-accounts were made up, and he would have his money whenever he liked—he would say, "I want my commission account," and I should ask Mr. Baker what it was, and give him a cheque—he could always see the books—when I gave the prisoner in custody I acted on what he himself told me—he did not say at that time that there was anything due to him.
MR. PHILIPPS. Q. What did he tell you? A. That he had cashed some accounts which he had not accounted for; he did not say how much at that time—I was frightened, and said, "What amount have you collected?"—he said, "I cannot recollect"—I said, "You will recollect some of them"—he said, "Yes, I do," and wrote two or three names on paper; those in the indictment and others as well, and I asked him how much he was indebted to me—I sent for a policeman, and in the mean time he made a statement—I gave him in custody, and went round to all the customers.
COURT. Q. Did the prisoner offer to you to take the accounts upon him—
I self if you would allow him a discount? A. Not a word—the conversation on that subject was, I objected to very small accounts, at they gave too much trouble to write out all the statements in the books, and Mr. Baker said that as the prisoner would lose his commission upon them, if when he got a partner I would execute the small orders, he would take them and pay for them—that was at least two months, and, perhaps, three months before he was taken in custody.
RICHARD BAKER (re-examined). The prisoner stated that he was looking out for a partner, and hoped to get one with some money, and he should then buy our goods at the full discount, and supply the small quantities to his, customers himself—I did not promise him that in the event of his paying the amounts then due, I would allow him 5l. per cent, but he said that when he got this partnership he would rather pay off the whole amount.
COURT. Q. Then he did propose to take upon himself all those small accounts? A. Yes, when he got a partner—but I did not agree—I said, "Well, if you do that, I shall allow you the discount on them—he did not offer to take upon himself the old accounts, but he said that when he got a partner he would do so—the first conversation to that effect was, as near as I can recollect, at least a month before he was arrested—it was not some months before—it was at the time I told him I really could not allow the accounts to run on any longer—I should say positively that that was within a month or five weeks of his being taken—I am quite sure it was within two months.
The prisoner received a good character.—
NOT GUILTY .
NOT GUILTY .
MR. DALEY conducted the Prosecution, and MR. LILLEY the Defence.
HENRY JOSEPH SHEPPARD . I live at 12, Calthorpe-street, St. Paneras—it is my dwelling-house—I locked the inside door, and bolted it at top and bottom, and the outside door, also, leading into the area, at quarter to 12 on the night of 15th November—I was knocked up by the police at 2 o'clock, and found the area door bad been broken open—there was a mark near the bolt as if it had been prised open with a chisel—I saw the constable find a chisel, a white-handled knife, and a lucifer match on the mat inside the outer door—that door leads into a covered pantry, which leads into a covered beer cellar.
Cross-examined. Q. Is the door under the steps? A. Yes, and the pantry also—I have a perfect recollection of bolting the door that night.
GEORGE RANGER (Policeman, 199 G). About a quarter past 1 on the morning of 15th November—I saw the prisoner and another man at the bottom of Baker-street—I followed them, but missed them at the corner of Phoenix-place, about twenty minutes or half an hour after I first saw them—I then went to the top of Calthorpe-street, and heard some one whistle—I saw a man looking over the area of No. 12—he ran away, and I ran after him—I saw the prisoner come out at the pantry door, and asked him what he did there—he said, "I have dropped a fourpenny-piece"—I saw him put his hand in his pocket, pull out a 6d. and drop it on the ground in the area—I took him to the station.
Cross-examined. Q. At what time did you see the other man looking
over into the area? A. A few minutes before 2 I should suppose—I had no watch—I was not on that beat—I am employed in plain clothes—I was twenty yards from the man who was leaning over—I helped the prisoner up—he was perfectly sober but the area is very deep—he dropped the sixpence, and then picked it up and put it in my hand when I assisted him out of the area—I have it now.
WILLIAM FINCH (Policeman, G 2). On 19th November, a little after 2 o'clock in the morning I was on duty in Bagnigge Wells-road, and Ranger called my attention to the prosecutor's house—I saw the area door broken open, called Mr. Sheppard and found these tools on the mat—there were marks on the door, which had been burst open, and on the inner side as well—they corresponded with this chisel—I found this match on the mat in the morning.
Cross-examined. Q. Is this a mason's chisel? A. I do not know—I do not think I ever saw such a one used by burglars.
COURT to HENRY JOSEPH SHPEPARD. Q. Is the door under the steps the entry to the dwelling house? A. It is under the steps, but it is enclosed and framed and glazed, except for the door, it would be part of the area.
GUILTY .**— Seven Years' Penal Servitude
MR. TAYLOR conducted the Prosecution.
JAMES NASH . I am a porter in the employ of Cook and others, of St. Paul's Churchyard, warehousemen—on 17th November, about half-past 2 o'clock, the prisoner came in with an empty fish-basket in his hand—he told me he wanted to go to the wholesale woollen department—there is a lift to carry people and goods up and down, and I was working it at the time—we both went up together—the prisoner stopped on the first floor, but I went up to the top, leaving him there—that is where the woollen goods are kept—I came down afterwards by the lift, and the prisoner came down with me to the basement—he had not the basket with him—he bad left that on the ground floor—he went up a second time with me—he did not take the basket then—I left him on the second floor, and went higher—I afterwards came down with him, and he had this piece of woollen (produced) wrapped up as it is now—I saw him put it into his basket—he then inquired for a man named Wood in the haberdashery department—I went and inquired, but there was no such name there—I left the prisoner against the door, and when I returned, I saw him outside—I told him there was no such name there—he said that a man had sent him in—I asked him to show me the man—we went to a public-house, and he stood against the door, said something to the barmaid that I did not catch, and came out—I asked him to come back with me—he said, "No, the man is round the other side of the bar"—I asked him to come round, with me, and show me the man, but he would not—I asked him to come back again, he said, No, he was not going to wait about there for a lousy fourpence—I asked him who sent him in, he said, "A man named Wood"—I said, "You came and inquired for a man named Wood"—he then made a rush at me, and tried to knock me down—he ran a few yards—I went after him into Sermon-lane, and he tried to knock me down again—he had left the basket and goods at the warehouse—he ran away, but I caught him in Old Change, and a man helped me to take him to the station.
COURT. Q. Had you said anything to him about the parcel, before he said
that somebody sent him in? A. No—I did not object to his bringing it down—I saw this piece of canvas in his basket which did not belong to him and I watched him, and told one of the men to keep an eye on him while I went up stairs—I do not know whether he heard that—he was about two yards from me—I went to inquire for Mr. Wood, and when I came back he was outside the door.
JOHN POWELL . I am chief salesman in Messrs. Cook's woollen department on the first floor—there are eleven others—on 17th November about half-past 2 o'clock I was there, but did not see the prisoner—he never came to me—I did not sell him this piece of goods—it is more than I dare do, because we are wholesale—I identify it as Messrs. Cook's property—it was on top of a heap of goods about three and a half yards from the lift—I do not identify the wrapper, but it had our name on it when it was given to the police.
JURY. Q. Are you allowed to deliver goods to any person? A. No, they are taken to the entry-room, and pass through half a dozen bauds before they go off the premises.
Prisoner's Defence. I was going home from Billingsgate-market, and a gentleman got out of a chaise and asked me if I would carry a parcel from Cook's in St. Paul's Churchyard, and he would give me fourpence. I said, "I do not mind, as I am wet through" I went with him, and he put this parcel in my basket wrapped in a newspaper. He said, "Go up to the first floor, and ask them to look out the wholesale woollens" I came down and saw nothing of him, but he came to me again from the front of the warehouse; he did not come down by the lift, though he went up by it. He went out, and I went up by the lift, and presently he came with two parcels in slate-coloured paper; one was not quite so big as this. He told me to go down and give it to the gentleman in the cart. I was to ask for Mr. Wood, who would give something else. I could not see the gentleman or the cart, so I asked a gentleman it he knew where I could find Mr. Wood. He said that he did not know. While the first witness went to inquire, I went outside to see. if I could see the gentleman or the pony and cart, but could not The witness came up and said, "I want you." I said, "What for?" He said "You know all about what for; about that piece of cloth" I said, "I was sent in for it; the gentleman is in here" I went into the public-house but could not find him. He said, "If you do not come back, I shall make you," upon which I gave him a shove, but did not attempt to knock him down. He still followed me, and I ran away; he came up, and I thought he was going to hit me, so I made an attempt to strike him, but did not. He put his foot against me as I ran and threw me on my face, held me, and gave me in charge. I put my basket down, and as I got the cloth given me, I put it in the basket, and there I left it.
COURT to JAMES NASH. Q. Did anybody go up the lift besides the prisoner? A. Yes; a person named Harris, who is in the employment, and two females; no one else—that was the first time; the second time we went up alone—there was no gentleman either time not belonging to the establishment.
GUILTY.**— Confined Eighteen Months.
59. AUGUSTINE WILLIAM BEAUCLERC BUTLER (27) Unlawfully obtaining 3l. 10s of Thomas Williams, by false pretences. Other Counts for defrauding John Warton of 20l., and other persons of other sums; to which he
PLEADED GUILTY .
Recommended to mercy by the prosecutor.— Confined Two Months.
THIRD COURT.—Thursday and Friday, November 24th and 25th, 1864.
Before Mr. Common Serjeant.
60. JACOB MILLER TEAR (45), was indicted for not delivering up to the Court of Bankruptcy, or disposing of as the Court directed, certain property in his possession, and also for falsifying and causing to be falsified, divers paper, writings, &c, relating to. his property, trade dealings, and affairs, with intent to defraud.
MESSRS. SERJEANT BALLANTINE, SLEIGH, and BESLEY conducted the Prosecution, and MESSRS. GIFFARD, BUTLER RIGBY, and NICHOLSON the Defence.
CHARLES SABINE . I am assistant-messenger in the Court of Bankruptcy in London—I produce the proceedings in the bankruptcy of Jacob Miller Tear—I have the petition for adjudication, dated 13th January, 1864—he was adjudicated bankrupt on the same day—I have here the appointment of Mr. Stansfield as official assignee, and of Robert Maclean Smyth, of 16, York-chambers, as creditor's assignee—the date of the appointment is 25th January—I have the balance-sheet here—I have an entry here of pay sheets on the balance-sheet of the bankrupt—I do not know his handwriting—I have here the bankrupt's examinations on 8th and 21st March—his signature appears against every sheet—the last examination, which was on 26th May, was adjourned till 28th July.
JOHN PAUL . I am an accountant, and was engaged to go through these accounts—these proceedings are signed by the bankrupt; the petition and the surrender; the adjudication is signed by the Registrar—I received a quantity of pay-sheets from the prisoner—he brought them to my office—these are the sheets (produced)—he brought a bundle of papers consisting of invoices, pay-sheets, and papers of various kinds: no books—the balance-sheet would be prepared in my office under my supervision—I am employed by the bankrupt himself—I went through the statement with him afterwards, and through all the documents—he is acquainted with the documents I used, and the results—the secured debts were 10,884l—they were secured by mortgage on the buildings, the result of the value of the mortgage property was 14,000l. against advances of 10,884l.—that was the bankrupt's representation of the value—I got it from his own statement—I have no means of knowing what the estate has realised—my duty was discharged when I prepared the balance-sheet—at the second page of the first balance-sheet I find, "By property in the hands of creditors, 14,124l"—I find a memorandum under that, "Not likely to produce beyond amount advanced"—that is in my own handwriting—when my clerks brought me the result of the labour, I prepared this statement; I make it a rule to do so—the bankrupt was with me at the time; it was with his knowledge that I made that memorandum—the household furniture, amounting to 261., was given up, and some building materials—I am speaking from what the bankrupt told me—in going through the pay-sheet he said he did not think he had more than 5l. worth of scaffolding poles, and there were a lot of loose materials on the plots of ground where the contract was being carried on—they are included in the balance-sheet, and 26l. for the household furniture.
Cross-examined. Q. When and where did the bankrupt say to you that he had only about 5l. worth of scaffolding poles? A. When he first came to me about 8th January—I called a meeting of creditors five days before his bankruptcy—he said that he had little or nothing for his creditors save and except these outstanding consignments, and any surplus on money advanced
upon the mortgaged property—I put this memorandum nearly two months after that, when the balance-sheet was filed—I put that in because the contracts were suspended, and from information which Mr. Tear gave me—he said he did not suppose there would be anything obtained from those mortgages—that was, I think, ten or twelve days before that statement was filed, eleven days before the first examination—we always have to set forth whether there is a deficiency or a surplus—if the property had been brought it at the cost price, it would have shown a surplus on his estate, but when I asked him if he thought anything would be realised on the mortgage property, said, "No"—I presume that was upon the hypothesis that there was to be a forced sale—he told me the amount he valued it at was the true amount—by putting it there I assumed that statement to be true—the particulars of the property secured and unsecured are given, so that it could be thoroughly investigated in the Court of Bankruptcy by anybody who disputed it—there re contracts going on at the date of the bankruptcy to the extent of 515l. they were working at the time—the particulars of those are filed—they lid be investigated in the Court of Bankruptcy—the bankrupt pays me—I think he has paid me in respect of these accounts, about 25l.—although employed and paid by him, I am supposed to give the Court of Bankruptcy the true information according to the best of my skill and judgment—I pledge my own reputation for the accuracy of the accounts—if I thought bankrupt's statement not true, I should not put it in—we investigate the counts to the utmost extent—all these invoices have got a memorandum having passed through our hands—there are two sets of accounts filed—those filed under my care the deficiency is 1,016l. 11d.—assuming there was not a single item or scrap of property given up, there would be a considerable surplus—it is set forth here, "Property given up to the assignees, 44l."—the cost price of the property actually in the possession of secured creditors would more than pay 20s. in the pound—when a Commissioner directs a prosecution in bankruptcy, an order is drawn up and sealed with the seal of the Court of Bankruptcy—here is a document dated 11th April, and signed by Mr. Commissioner Goulbourn, which says, "It appeared to me that the assignees required time to take criminal proceedings against the bankrupt, &c."—I was first summoned as a witness for the prosecution in July, for the July Sessions—that was not when the bankrupt was first taken before the Magistrate—he was taken before the Magistrate in April or May—the bankrupt himself was examined in the Court of Bankruptcy—that was a private examination—I heard from him that he was refused copies of his deposition—this property was not valued; I don't know whether there was a surveyor employed.
MR. SERJEANT BALLANTINE Q. With regard to the secured property, the bankrupt was building on other peoples' land, was he not? A. Yes; under contract; I heard that from him—what the particular terms were, I don't know—I believe nothing has been realized at present—I beard from the., bankrupt that some of the land upon which he was building, belonged to Sir Culling Eardley—the bankrupt said, after the meeting of creditors was held at my office, and the offer of composition refused, that the property would be all sacrificed if he became a bankrupt—he said he had been served with writ and two or three executions, and he was compelled to become a bankrupt to save himself from arrest—he said the creditors would have nothing, the property would be sacrificed if he were bankrupt—the universal practice is for a bankrupt to employ an accountant—he ought to do what is honest—the bankrupt said that payments were made on the dates of those pay-sheets, and I went by
his word—I treated them as genuine—we treat what a bankrupt says as genuine, unless we find out anything to the contrary.
JURY. Q. Did the bankrupt offer to pay 10s. in the pound? A. An offer of 10s in the pound at three, six, or nine months was made, and refused because they considered he had no security to give.
MR. SERJEANT BALLANTINE proposed to put in the adjudication. MR. GIFFARD objected to its reception, unless proved by an attesting witness.
MR. SERJEANT BALLANTINE contended that the seal of the Court of Bankruptcy made it admissible. THE COURT, after consulting MR. BARON BRAMWELL, was of opinion that the document was admissable as evidence as soon as it became a record of the Court, without calling the attesting witness. It was put in.
ALFRED ALLEN DAVIS . I am a member of the firm of Cutting and Davis, brokers to the Court of Bankruptcy—after the bankrupt was adjudicated, I went down to Belvedere, and took an inventory of the furniture in a cottage in Bexley-road, Belvedere—I have the original inventory here—the property was afterwards sold—I went down and made the valuation and received the money in London—I valued it at, I think, about 20l.—some other property was afterwards sold, which was token by the assignees at Belvedere—there was a home, my clerk will speak to that—he sold it.
Cross-examined. Q. When did you go down to Belvedere? A. On 16th January—the cottage has no name or number on it—it is merely a village—I saw the bankrupt there—I valued everything in the cottage, that was the only time I saw it at all.
JOHN TATHAM STAINSBY . I am an accountant, and have been employed in this matter by the assignees—I have investigated the accounts produced by the bankrupt, and made an analysis of them—the amount of secured debt is 10,000l. odd, that appears clear—I have not tested what the amount of debts unsecured is—I have taken it for granted at 1,590l.—it is the first item in the filed statement of accounts—as I read the accounts the deficiency is 1,591l. 12s. 9d.
Cross-examined. Q. You heard what Mr. Paul said? A. Yes, I am simply taking the figures as they stand on Mr. Paul's accounts—I am just stating my own impression upon those accounts—I say his account proves 1,500l. odd, where he says it is 1,016l. odd—it appears to me that in that account he takes credit for certain contracts, and in the other account, the general amended accounts, he does not—in ray 1,500l. I do not take credit for any of the contracts, because they do not appear on the amended sheet—I call it the amended sheet because is is so called here—it shows property in the hands of creditors 14,124l., which, by another part of the account, is stated will not produce more than 1,000l. odd, consequently, the only sums that are available towards payment of 1,590l. 12s 11d. are 15l. 10s. good debts, and 44l. given up to the assignees—if the sum of 500l., in respect of certain contract work executed by him, went in deduction, I conceive it should go upon this sheet—here is a balance sheet which states that there is 1,590l. 12s. 11d. due to creditors, unsecured and 10,884l. to creditors holding security—Mr. Clayton is a gentleman holding property to a very large extent, and one of the secured creditors, I think—I know nothing of his having applied to pay money into the Court of Bankruptcy.
THOMAS BRINKLEY . I live at St. Mary's Cray, Kent, and am a painter—I worked for the prisoner at Belvedere nearly 12 months', up to the time of his bankruptcy—I know the buildings upon which he was at work at Belvedere—they were houses—I can't say how many—Í know of sashes and other materials being on those buildings—I was paid for my work by the day,
4s 6d. a day—I have a memorandum of all the payments made to me—the I first date upon which I received any money from the bankrupt was 31st January, 1863, when I received 12s. 41 1/2 d.—I did not receive on 3d. January, 1863, the sum of 1l. 7s. 6d. or any sum, or on 10th January the sum of 1l. 13s. or any sum, or on 17th January 1l. 7s. 6d. or any sum—(It appeared by the witness's book, that the sums paid weekly from this date, up to 9th January, 1864, were in all cases smaller titan the sums on the pay sheets produced by the prisoner. In the majority of the cases the sum entered on the pay sheets was 1l. 13s.)—the 9th of January, 1864, was the last time I received any I money from the bankrupt—I received the money from the hands of his I wife, or from his sons—we were paid on the Saturday—the bankrupt was I chiefly there, but on some occasions he was not—he was not present on 9th I January, 1864—I can't call to mind whether he was there on the 2d.—it is so far back—he was present on most occasions.
Q. In what state were the houses that you were acquainted with at Belvedere? A. Some of the carcases were complete, some had doors and windows in them—in some the wood work was done, and in some the painting had been done—there were doors and sashes up—prior to 16th January, 1864, I received some boards from a man named Ashbolt—they were the kind of boards that were used on the prisoner's carts—I received them with I some directions from Ashbolt—I painted Tear's name on them first, in a I mistake, I painted "Jacob Miller Tear, builder, Belvedere, Kent"—Tear I came and saw that, and said, "Who the b——h——gave you orders to do I this,"—I said "Your son'" meaning his youngest son—he said "Rub it I out"—I rubbed it out, and he gave me a piece of paper, saying, "This is I what I wanted you to write"—I afterwards destroyed that piece of paper—on it was, "Edward Harris, contractor, Hampton Wick, Middlesex"—I believe Edward Harris is his step-ston—he was a mechanic, I believe, at Belvedere—I have seen him working there as a bricklayer—I did not paint any boards to be put on the houses—I remember receiving a summons to attend the Bankruptcy Court—I called on Tear after that at his house—I showed him the paper, and asked him what it meant—I can't recollect all that passed between us—he wanted me to say that I bad received more money—he said, "If you say you received 5a per day, there won't be any harm in that"—and he asked me to say that I had painted the boards in November, 1863—the bankrupt had two carts and a timber carriage as far as I have seen—I saw the timber carriage and carts up to Christmas, 1863—I have never seen them since that time to my knowledge—one day about Christmas, between 5 and 6 in the afternoon, I helped to load the waggon from the houses in the Belvedere Park—they wanted some one to lend them a hand, and I went and helped them—Driseoll, the carter, asked me—doors and window-frames were put into the waggon, I can't exactly say the number—the waggon was what we call a timber truck—it was filled—I did not Bee that waggon the next morning—I can't say whether I saw it afterwards—I saw it loaded on another occasion—I don't remember whether it was before or after—I saw. it loaded with window-frames and window-sashes—that was about the same time—they went from the houses at Belvedere—I believe they were made there, or close handy.
Cross-examined. Q. You were employed, as I understand you, from January, 1863, until January, 1864? A. Yes—I was to be paid 4s. 6d. for a day of ten hours—I did not always work for ten hours—I have worked more than the ten hours—my time was kept, and I was paid at the end of the week—I kept my own time, and they kept it as well—I have an account of
my time in this book—these entries were made every day, and the money I received, I put down when I received it, on the Saturday night—there has been something here, which has been scratched out—that has nothing to do with this—I put this down as if I had received 30s. a-week; to show how much I was deficient—I received 30s. a-week before I came to work for Tear—he only gave me 1l. 7s. 0d.—that shows what I was short of every week—I went on putting that down regularly every week—I did it all the year, to show the difference between 27s. and 30s a-week—I could keep in my head that the difference was 3s. a-week; but I have a meaning for everything—there are sums here for other things I have been done.; they have nothing to do with this; they do not concern Tear at all—I don't know what they are—I have scratched something out there, because I made a mistake in the day of the month—the 12th was a Sunday—that is in the account against Tear—I cannot call to mind what these figures which are scratched out are intended to represent—it is so long ago—this entry "25th, 1l., 10s. 6d." is an entry of wages I received from Tear on 25th July—I see 1l. 13s. 9d. just underneath—that is scratched out, because it does not belong to him—I will tell you the reason why I scratched these out; Mr. Cox, one of the attorney's clerks, wanted to see this; so, to show him which were Tear's, and-which were not, I scratched the others out, to show him clearly which were Tear's amounts—they were scratched out some two months ago, when I gave the book to the clerk of the attorney—those which I have scratched out do not belong to Tear at all—he never gave me that money—I have had a deal of money owing to me, and I have put down in this book the money I have received—that sum of 1l. 13s 9d. does not belong to Mr. Tear's account.
JURY. Q. Had you sufficient means of knowing which was one and which was the other? A. Yes; I knew from the amount; from the number of hours I worked.
MR. GIFFARD. Q. Who used to check your time? A. Tear's son—I have seen him write—I cannot tell you in whose handwriting the pay-sheets are—they took our time every morning, and at the end of the week paid for it—I looked at my book to see if it was right—we never had any difference—I have seen time-sheets in other firms, but not with Tear, no written document of any sort or kind—the son had a small book something similar to this—I don't know whether he wrote out a time-sheet for his father or not—the time was wrong a few times; I can't say how many exactly—it might have been once in three months—they were obliged to give in when I told them my time—they always gave in—I believe there was a good deal of carpentery work going on at Belvedere—doors and window-frames were made for other places besides Belvedere—he had buildings at Dulwich—Mr. Rice has been to me—I don't know who he is—he did not want me particular; he only brought mo a subpoena—I have not seen him here to-day—I have been in business fourteen years—these boards I painted might be worth, perhaps, half a crown or 3s. each after they were finished.
MR. SERJEANT BALLANTINE. Q. You were examined before the Magistrate, were you not? A. Yes; I did not produce this book when I was first examined, but on one of the occasions I did, for the purpose of refreshing my memory—there were no erasures in it then, but afterwards in communication with the attorney, I crossed out those sums which applied to other persons—I gave my evidence before the Magistrate before any of those erasures had been made, and produced the book—previous to the time of my jointing the name of Harris on the boards, the carts had boards on them with the name of Tear.
JURY. Q. Just refer to 25th July. What do those figures 11 1/2 mean? A. Hours—I worked more than I need have done, and got 1l., 10s. 6d. on that day.
GEORGE SOUTH . I am a carpenter—from the latter part of January, 1863, until the latter part of January last, I was working for Mr. Catchpole, and one day, after leaving him, I went into the prisoner's employment—I cannot tell you the actual day in January—it was on a Tuesday—I know it was the latter end of January—it might be about 25th—it was not as early as the 3d or the 10th—on those dates I was in Mr. Catcbpole's employment—I did not receive from the bankrupt, on 3d January, the sum of 1l. 7s. 7d or any amount whatever; I did not receive from him, on 10th January, 1l., 7s., 6d. or any amount whatever; or on 19th January, 1l. 13s., or any amount whatever—during those days I was at work for Mr. Catchpole—I stayed in the bankrupt's employment until the latter end of July, or the beginning of August—I was paid on Saturday night—I was not in his employment on 8th August, 1863—from that date down to 9th January, 1864, inclusive, I was not in the bankrupt's employment, nor did I receive from him, or on his account, any sum of money whatever—I reside at Belvedere now—I did not reside there while I was at work for the bankrupt—I lived at Northumberland-heath, in the parish of Erith, about a mile off—there was no other person named South in the bankrupt's employment at Belvedere during the time I was there—I was paid by the bankrupt sometimes—I did not work anywhere else for him, besides Belvedere—I went into Mr. Strickland's employment at Belvedere, immediately after leaving the bankrupt.
Cross-examined. Q. Did not the bankrupt get you the place at Strick-land's? A. No; I don't know whether he recommended me—I don't know whether he got any one to supply my place or not—I don't know any other person named South, except my brother—he does not work for the bankrupt—the estate is called Sir Culling Eardley's property, Belvedere-park—there were about four or five carpenters working at Belvedere for Mr. Tear when I was there—I don't know exactly; I should say there were not more than half a dozen—one was named Johnson, and another Ashbolt; I don't know the others.
JAMES JOHNSON . I am a carpenter—I went into Tear's service in Jane, 1862. I think, and left in November, 1863—up to that time I was paid 5s a-day for ten hours; I was paid every week—I was never paid at the rate of 5s. 6d. a-day for ten hours—I did not receive 1l. 10s. at the end of December, 1863. for wages—I had a son working there who might have done so—his name is James Johnson, and he is a carpenter—to the best of my recollection, he was not working there more than three months—I think he left early in January this year—I believe he had 5s. 6d. a-day—I believe he was there some time in October, 186.; he was not more than a month there when I was there—I did not receive 1l. 13s. for the week ending 5th December, or 1l 13s. for the week ending 12th December, or 1l 16s.—we were not both working at Belvedere at once—my son was working at Dulwich; he never worked at Belvedere at all—from January upto October or November, my son was not at work for the bankrupt at all—my wages were not 5s. 6d. a day—I had 5s. for a day of ten hours—I did not receive at Belvedere, in January of this year, the sum of 1l., 10s., 3d., the sum of 1l. 7s. 6d.
Cross-examined. Q. Can you tell me at all about the time you went to work for the bankrupt? A. I believe I worked there over two years—the two years ended a twelvemonth ago this month—I would not positively say
the time; I did work for him some time in the year 1863, and 1862 and 1861—I worked for him in January, 1863—I then worked about nine hours, and should get about 4s. 6d. a-day—I did not keep any account myself of time, not for day-work; if it was piece-work, I should—I never worked in piece-work for Tear at all—we were paid with pay-sheets similar to these—I should not know them again; I never saw them close—they called out the number of hours, and paid us—my son was paid at Dulwich, I believe—he is working in London somewhere now—I don't know where—he is alive and well—I saw him last Sunday.
MR. BESLEY. Q. Had he anything to do with the time-sheet at Belvedere? A. Nothing—I saw the pay-sheets when we were paid—sometimes the bankrupt was present, and sometimes not—I was paid according to the number of hours I worked—I never saw my son paid.
GEORGE BLEES . I am a bricklayer—I was in Tear's service about three months, at Belvedere and Hampton-wick—I entered his service early in May last year, and left the latter part of July—I was paid five shillings per day, ton hours to the day—I was paid weekly, at Mr. Tear's house, at Belvedere—I lived within about a mile of Belvedere—I have never known another George Blees anywhere—I got 5s. 6d. a day at Hampton-wick—I was there two weeks, near the last two—I did not receive any money from Tear on 3d., 10th, or 17th January, 1863—I did not work there then—I did not receive any wages from him after July—I don't know how many bricklayers there were when I was there—I do not know a man of the name of Blees as being there while I was there—after I left the bankrupt, I worked for myself, at Northumberland-heath—that is where I am now—it is a little over a mile from Belvedere, in the parish of Erith—I have lived there now about eight years—I do not know any bricklayer of the name of Blees.
Cross-examined. Q. How many bricklayers were in the employment when you went there? A. I can't say—there were two or three jobs at different places—there was only me and Mr. Harris and Miles, when I went to Hampton—there might be four or five at Belvedere—I don't know the names of the others—Miles lives there—I went to work for Tear somewhere about May—I did not give my name—Mr. Tear knew me years ago—my name was known there—I know a man named French who worked for Tear about three or four years ago—I did not know him working under the name of Stubbs—I believe there were two or three Stubbs came to Hampton-wick just as I came away from there—I believe they were brothers—there were three or four—I understood they were Stubbs—they did not work under the name of French, that I am aware of—I know French; he is a near neighbour of mine—me, Mr. Harris, and another went and started at Hampton-wick—there were four or five when I came away—there is one here now who worked there all the time—I don't know his name—I do not know a man named Bliss—I kept no account of my time—I trusted to them—we were paid every Saturday night—I don't know what pay-sheets are—I don't recollect seeing them—Mr. Edward Harris used to take the time at Hampton-wick—the bankrupt was not there when we were paid.
MR. SLEIGH. Q. You say you went into business yourself in August or September, 1863? A. August, 1863—it was the latter part of July or August—I was not in the bankrupt's employment in September, October, or November, nor did I receive any money whatever from him—I have seen him present at Belvedere at the time I have received my wages, but not frequently.
BENJAMIN HILBERT . I am a bricklayer, and live at Bexley-heath, Erith—that and Belvidere are all one neighbourhood—I worked for Mr. Tear off and on from three to four years—the last work I did for him was about July, 1863—I then worked for him about a week—my service with him before that was in December, 1862—from December, 1862, to July, 1863, I don't think I worked for him at all—I did not—my wages when I worked were five shillings a day, for a day of ten hours—I have not worked for him at all since July, 1863—I don't know any other Hilbert, a bricklayer, in that neighbourhood—I have known the bankrupt all the years I have spoken of—I have been working on my own account ever since July, 1863—I worked for Tear at Erith—I was paid at his house—I never saw any pay-sheets—I suppose the number of hours were kept; they always knew it when I went for my money—I never received more than five shillings a day for a day of ten hours.
Cross-examined. Q. Do you know a bricklayer in that neighbourhood of the name of Hibbert, not Hilbert? A. No, (Both names appeared on the pay-sheet)—the number of bricklayers employed varied a great deal, there were from four to eight—the bankrupt had no work at Hampton-wick, or Dulwich, while I was working for him—I knew works going on at Dulwich two months, and four months at Hampton-wick—I never knew that he had any at Teddington—I was always paid at the same place, and on Saturday night—I was always paid five shillings a day—sometimes I did not work the whole day—there was no variation in the amount that I ought to have been paid if I worked the whole day—I kept no account myself; I knew the time from memory—I sometimes worked overtime—I kept it in my head from week to week—I have received as much as 2l. at the end of one week.
MR. BESLEY. Q. You say you can't remember the names of the bricklayers, was Blees one of them? A. Yes, he worked there while I was there—there were two Stubbs there also—they were not working with Blees when I was there—I never knew that Stubbs went in the name of Blees.
COURT. Q. Do you know the name the Stubbs's worked in on the pay-sheet? A. I don't know about the pay-sheet—at their work, they were called Thomas and Robert—I know that there were four Stubbs working at Belvedere at one time, while I was there in 1861—it was in August, 1861, that I received as much as 2l. a week—I received that amount several weeks—I could not undertake to say when it vas—I think there were some before August, 1861; in June and July.
HENRY MILES . I am twenty-one years of age, and am a bricklayer—in March, 1862, I entered the service of Mr. Tear as an apprentice, to learn—I had eight shillings a week for the first year—I worked ten hours a day—after March, 1863, my wages were twelve shillings a week, and I worked the same number of hours—I worked at Belvedere first, and then at Hampton-wick—Edward Harris went to work there with me, the bankrupt's, step-son—I worked for him at Hampton-wick—I am not working for him now.
Cross-examined. Q. Did not you afterwards have fourteen shillings a week? A. I had 14s 6d. when I was at Hampton-wick—I had half a crown for lodging—I was there nine or ten months, I should think—I can't say how many men were employed where I was, sometimes there were more than at others—there were more than five—I don't suppose there were fifty—I remember four persons named Stubbs working for Tear—three of them are brothers, and one of them has a son—they were working at Belvedere—
that is three or four years ago now, but some have worked there since; some of them were working at Hampton-wick, and some at Belvedore—not at the same time—two of them were working at Hampton-wick for two or three months of the time that I was there—I don't know whether the others were working at Belvedere then—I sometimes went there on Saturday night—Í know a person named French—he worked at Belvedere—I never worked at Teddington—I don't know that Tear had works there.
RICHARD JONES . I am a carpenter, living at Penge—that is a long way from Belvedere—I was in the bankrupt's employment between four and five years before his bankruptcy—I know his house at Belvedere; it is an eight-roomed house, I believe, including the kitchens—I have been over it—I used to be in there every Saturday night to be paid—it was tolerably well furnished—I know of a piano being in it—I saw or heard that about Christmas-time—I used to work for Tear in a shop over his stables—the materials were mostly brought there to be worked upon—sometimes I had to fetch them—there were doors and sashes and things of that kind—they were afterwards taken to the buildings for the purpose of being fixed—I used to fix my own work—there were five houses in Belvedere-park—there were a great many doors ready for hanging—some sashes had been completed, and some were up and fixed—when I left the shop at the time of the bankruptcy, there might have been about forty pairs of sashes that were ready to go away—I don't think there were above one or two doors—there were a great many sashes and frames in an unfinished state—there might have been about 20l. worth of property in the shop when I last saw it—the bankrupt had a waggonette, and a dog-cart, and seven or eight horses—he had two or three carts and a timber-carriage—I have seen frames and doors loaded at Belvedere to go away—that was a little before Christmas, I think—the carmen were loading them, Driscoll and Faircloth—I have not seen them here to-day—it was in the afternoon they were being loaded—there were sashes, frames, doors, and such like from the Belvedere houses—I might have seen that two or three times when I have been going to the park to fetch boards—I saw it more than once, and about Christmas-time—the bankrupt's name was on the different working vehicles up to Christmas—I did not notice it on the dog-cart—I never knew of the name being changed till some time afterwards—I saw one of the brick carts at Twickenham, and knew it again—the name of Harris was on it then—that was about May—I have not seen any of the horses since—I used to work by piece-work—I had nothing to do with this shop except working in it for Tear—he came to me on 13th March, and told me the shop was broken open, and wanted me to take to the shop, and to say that the things in the shop were mine; that I had rented the shop, and that the things in the shop belonged to me—he did not produce any book or anything—I did not give him a direct answer then; but I wrote by the first post next morning, declining—I wrote a letter to him—I never was the tenant of the shop, and I never said I was—nothing whatever in it belonged to mo, except my own working tools—the benches that were there were not mine, nothing but my own tools—at this review, Tear said, he would lend a man round with a rent-book.
Cross-examined. Q. Were sashes made at this place, not only for the Belvedere houses, but elsewhere? A. Yes, some for the houses at Dulwich, and some for the houses at Hampton-wick—there were benches in the buildings for some of the work—the bankrupt used the words "rent-book"—he used the word "rent"—he said he would send a man with a rent book—ho meant a false rent-book—that is what I took it to be—I did not give
I him a direct answer—I thought I could answer him better by writing to? him—I can't say whether I said anything or not; whether I told him I would let him know or not I can't tell—I was examined as a witness in the I Court of Bankruptcy—this conversation with Tear was after I was examined I at the Bankruptcy Court—it was in March—I can't say the date when I was I examined—I believe it was in April—I never was asked by the Commissioner about this proposal of Tear's, to pretend that I was the person renting the shop—it was after I was examined by the Commissioner—it was 13th March Tear came to me—I cannot tell which month it was that I was examined before the Commissioners—it was after the conversation with Tear—April is after March, of course—I cannot say whether it was after that conversation with Tear that I was examined before the Commissioner; I think it was before, I cannot say—I cannot say what month it was—I have always thought the examination was first—I never made a note of it—I have nothing to go by—I have not seen Mr. Rice lately—I believe he was a butcher—he is not an attorney that I know of—he subpœnaed me—he did not take down what I had got to say against the bankrupt—we might have had a talk—that was five or six months ago, I suppose—before I was examined before the Commissioner—I have seen him since—I can't say how many times—I don't know anything about him—he has been after me—he subpœnaed me more than once; I can't say how many times; two or three times—he asked me if I routed the shop, and I said I did not—I had no occasion to mention that to anyone else before that—it might have come up in conversation—I can't say whether I did or not—the conversation with Rice might have been before I was examined as a witness before the Bankruptcy Court—I can't say—I don't know that the bankrupt complained that I rather neglected my business and got drunk—I don't know that there was any particular complaint against me—when I have been with Rice I would not swear that I had not a glass of ale with him—we talked about a good many things.
MR. SERJEANT BALLANTINE. Q. Did any of the articles in this shop belong to you? A. Not any, except my tools—I never occupied that shop, except as Tear's servant—he came to me. and said he wanted me to pretend to be the tenant of it, and said he would send a rent-book—a man came the next day—Í did not see the book—I know that man—I have seen him here today—that is the man. (Pointing to a person instructing the prisoner's counsel.)—I had certain questions put to meat the Bankruptcy Court, and I answered them—I merely answered the questions because I was sent for by the Court of Bankruptcy—whatever questions they put to me, I answered—I made no further statements—I don't remember when I first mentioned about the bankrupt coming to me—the person who came the next day did not tell me what he came for—he spoke to me, he told me from whom he came—he came to me at my brother-in-law's—I did not see anybody waiting outside at that time—I was very ill indoors—after that I was walking with Mr. Cox and met this man—he spoke to me, and I recognised him again.
JOHN GUY . I was a solicitor, I have now retired from practice I am trustee of Clayton's estate at Hampton-work—I was Mr. Clayton's solicitor, and also a personal friend of his—I know the premises that Edward Harris had there—his shop was in Hampton-wick—he worked on Mr. Clayton's premises—I recollect seeing a quantity of scaffolding there when I attended at the request of the assignees of Bankruptcy—I saw them on Clayton's premises, where Harris and Tear were at work—there were ladders, and all
sorts of things—I should say that it was in the middle of January, or when I went again, in February—I never saw anything of that sort there at Christmas—I went there with Mr. Pitton and Mr. Stevens, and other creditors, on Mr. Clayton's behalf, to give them leave to make any examination they thought proper—I was there when it was made, that was about the middle of February—it was with my permission that they broke open certain places, they took down a brick wall, and found some fifty or sixty bags, I think, of cement—they were in what I should describe as the intended cellars of those buildings that Tear was carrying on—in an unfinished house.
Q. Was there any access to the place in which these sacks of cement were without breaking down this wall? A. We examined to see whether it was so, and it appeared that there was some access through the floor in some adjoining compartment—the opening was either between the joists, or between some unfinished part of the floor—the floor was not finished—I did not measure to see whether the sacks could have been introduced there or not—I could not tell you how they were put there—I don't think they were visible to sight before we removed the wall—it was said that there were a quantity of slates buried under some sand, and they asked my permission to move the sand, I said, "By all means"—they then moved the sand, and under it was found 200 or 300 slates—they told me there were three or four cart-loads, but it turned out to be 200 or 300, about a wheelbarrow full—I saw nothing else found then, that I recollect—I went with the solicitor's clerk to the assignees to Harris's house once, to tell him he must not go on those premises—I saw some sashes and doors at Harris's place—there were a good many sashes, but the greater part of what I saw were loose doors, many of them finished, fit for putting into houses—I counted them—J think there were fifty or sixty—I am not sure that it was not eighty—I saw fifty or sixty sashes, but they were on Mr. Clayton's premises, not at Harris's, and a great many other building materials—good doors are worth from about 15s. to 1l. a piece—the bankrupt applied to me to allow Harris to finish the houses of Mr. Clayton's—I went to Harris on the subject, and he then showed me the quantity of doors he had for the purpose of finishing these houses—there were three houses building, two first of all, and one afterwards—there were not sufficient doors and sashes to finish the houses with—I think one house would take eighty doors—they are very large houses, one of forty rooms, and a great many passages—some of the sashes were very large, all the sashes were on Mr. Clayton's premises—I had the conversation with the bankrupt a few days before I saw these things—his bankruptcy followed almost immediately after that—I believe that was about the beginning of January, and I had this conversation with him a few days previously.
Cross-examined. Q. Did you hear of the meeting of creditors? A. I heard incidentally of it—Mr. Tear told Mr. Clayton in my presence that he was going to meet his creditors.
COURT. Q. Was the defendant building these houses for Clayton? A. He had taken the land of Mr. Clayton, and he was building the houses—on his failure I advised Mr. Clayton not to let Harris or anybody belonging to the bankrupt carry them on, but to allow the assignees to take up the contract, and that was done—the assignees took all that was his on the premises and sold it, but they declined to go on with the bankrupt's speculation—there was a clause in the contract that everything on the premises should be
security for Mr. Clayton's advances, but the assignees objected to that, they said, "This is personal property, not affixed," and therefore we gave it of to them.
HENRY PILTON . I am the representative of Mr. John Pattrick, of Harwich, a cement manufacturer—he is a creditor of the bankrupt to the amount of about 200l.—I sold cement to the bankrupt during the year 1863—I supplied him with some as late as December last—I to believe the last parcel was delivered on 7th January, 1864, after he was adjudicated a bankrupt—in consequence of information I went in April this year to Hampton-wick—I know Edward Harris's place, near the unfinished houses—I found some bags of cement in a sort of unfinished vault in one of the houses—there were about thirty sacks when I saw it—I recognised the sacks as the property of Mr. Pattrick by the brand—they were those supplied to the bankrupt—some of the cement had been emptied out of the sacks in a heap—it would not improve the cement, being in the place it was—on 30th December, I served a copy of a writ on the defendant at his house at Belvedere—the solicitor has it—I went there on several occasions, and had an opportunity of seeing how the house was furnished—I was always shown into his best room, it was very nicely furnished—there was a rosewood piano, an oval walnut table, a mirror over the mantel-piece, a Brussels carpet, a good fire-place and fender—I should consider that was the drawing-room—I should say the value of the furniture in that room was 70l. or 80l. without the piano—it was a good sized square room—on one occasion I went into another room, which he called his office, but there was nothing particular in that.
Cross-examined. Q. Roman cement is better kept from the air, is it not? A. Yes—some of this was Roman cement—I served him with the writ myself, he had a cold then—I told him I served him in a friendly spirit—I took no valuation of the furniture—cement at the warehouse is worth about 3s. 6d. a sack, without the sack, for that we charge 2s.—that would not include cartage—I did the cartage on some occasions, not always—I think the cement I supplied him with in sacks, came to about 95l., the balance was for red brick—I have been dealing with him, I think, for about twelve months—he paid me nothing at all on Mr. Pattrick's account—I was dealing for Mr. Smythe as well—I think he made two payments in cash very shortly before this—he did not pay me 142l. I am certain of that—he paid me for Mr. Smythe with bank notes—he did not pay me 142l. by cheque some short time before service of the writ—I think I am quite certain of that—I did not come prepared with Mr. Smythe's account—I received 142l. from Mr. Ashley for a dishonoured bill of Tear's—that was on Mr. Smythe's account.
MR. SERJEANT BALLANTINE. Q. What do you mean by serving a writ in a friendly spirit? A. I believed up to a certain time that Tear was an honest man, and when Smythe said he was going to serve him, I said, "Belvedere is a small place; don't send an officer down, it may damage him; I will go down and take the writ," and I did so.
LOUISA MASTERS . I am a domestic servant—in December 1863, and January 1864, I was employed by Mr. Tear to wait on the company at Christmas; that was at his house in Belvedere—I was there a little better than three weeks—I went there three days before Christmas—I cleaned the rooms—there were chairs in the drawing-room; they were oak, I think; a carpet, a table, a pier-glass, a piano, a couch, and other things—there were about eight rooms in the house—some of them were furnished, some as bedrooms
—there was a bed there; there were no hangings—when I left all the furniture was in the house—there was a horse there—I can't tell you what sort—I believe it would go—it was not a gray one.
Cross-examined. Q. Was there any other servant there? A. No—I did the work of the whole house for the three weeks—I don't know how many rooms were furnished and how many unfurnished—Miss Tear used to play on the piano—there were six chairs in the drawing-room and two easy chairs—they were all there when I came away; they may be there now for what I know.
Friday, November 25th.
ROBERT BELLCHAMBERS . I now live at Sunbury—I have the letting of some houses at Hampton-wick—I let a house to the defendant about eighteen months ago—Mr. Harris, his step-son, went to live there—Harris paid the rent—the house is just opposite Mrs. Bradley's, at Hampton-wick.
Cross-examined. Q. What was the date? A. I could not tell—there was an agreement drawn up—I have not got it.
HENRY WRIGHT . I was the night toll-keeper at Kingston-bridge last year—I was there about Christmas time—I saw a man named Driscoll when I was before the Magistrate at Guildhall—I had seen him going through Kingston-bridge with a timber-truck laden with door-frames and sashes—I can't say exactly the time; it was after Christmas—the truck was drawn by two horses—it was about 4 or 5 o'clock in the morning—Driscoll always paid me the toll—there was a cart on one occasion laden with some materials—I saw Driscoll with the timber-truck three or four times, laden on each occasion; it was always near 5 o'clock—Kingston-bridge is between 200 and 300 yards from Harris's house—they were going in that direction.
Cross-examined. Q. How far from Mr. Clayton's, where the buildings were going on? A. About a quarter of a mile—that would be in the same direction.
CHARLES BRADLEY . I am a builder, and live at Hampton-wick, opposite the house occupied by Harris—on a Saturday soon after Christmas a two-horse timber-carriage and a cart stopped opposite my door—the drivers were Driscoll and Faircloth—this timber-carriage was loaded with doors and sashes and frames, prepared goods for building—I did not see where they went—the timber-carriage was driven up the Teddington-road, in the direction of Clayton's ground—about two hours afterwards I saw them come back again loaded the same as when they went up the road—they were then taken into Mr. Harris's yard—I did not see them unloaded.
Cross-examined. Q. What time was this? A. About 4 in the afternoon, I should think, when they went up the road—it was almost dark when they came back.
ELIZA BRADLEY . I am the daughter of the last witness—I saw Driscoll and Faircloth near my father's house several times about Christmas—I sometimes saw them drive a timber-carriage and brick-cart, and they were loaded with things—I noticed them one Sunday morning unloading the timber-carriage in Mr. Harris's yard; it was as the people were going to church—that was after Christmas.
Cross-examined. Q. There were a great many people about then, I suppose, who could see it? A. I think there were—I don't know exactly.
MR. SERJEANT BALLANTINE. Q. Were there gates to Harris's premises? A. Yes; they were shut when the unloading was going on—people passing those gates could see through them—there are bars half the way down—I was not going to church that Sunday.
JEREMIAH COX . I am a builder, at Hampton-wick—I know, the house occupied by Edward Harris; I live close to it—I saw Driscoll and Faircloth at the Guildhall police-court—I had seen both of them on Mr. Harris's premises about Christmas-time, with brick-carts and a timber-carriage—there were some door and sash-frames on the timber-carriage—I saw them unload some of them in Harris's yard—I don't know what they did with the door-frames.
MARY COX . I am the wife of the last witness—I have seen Driscoll and Faircloth near the house occupied by Harris at Hampton-wick—I first saw them last November, and in January—I saw them three or four times in January with a timber-carriage laden with doors and door-frames and sashes—the timber-carriage was brought into Harris's yard—I saw it unloaded, and the things put up in a shed there.
Cross-examined. Q. You saw them in November as well? A. I saw the men there, but not the timber-carriage—I did not see them carrying materials to Clayton's houses—I did not know the houses then, I was a stranger there—we only went down there to live is November—I did not see the materials brought there till after Christmas—I did not see what the size of the doors was.
LAWRENCE PEEL . I was manager of Messrs. Geeve's saw-mills, New Wharf-road, Caledonian-road, until a month ago—they were the consignees of Burton's timber—the custom of the trade is to deliver out the timber on the consignee's signature—we held goods of Burton and delivered them to his order—at the end of 1863 there were some timbers of Burton's lying at our wharf—the books will show to whom goods are delivered; I have them here—I have the delivery-order here—I have nothing to show to whom they were consigned; they were ultimately delivered to a variety of people—I remember an application being made by a person named Brewster, about the middle of April, 1864—an order was presented to me by Brewster, and I delivered the goods—the order is here—I required nothing else to be done, except the endorsement of Mr. Tear—without that endorsement I should not have delivered them out—on my communicating that Tear, came in—he was waiting outside—he endorsed the order in my presence, and I delivered the goods—I was not aware at that time that Tear had become bankrupt—he did not mention that fact to me—the value of the goods, I should say, was from 50l. to 60l.
Cross-examined. Q. I see this is the remainder; do you mean the value of the remainder or of the whole consigned? A. The value of the goods delivered upon that order—this is a copy of the order—I have never seen the original. (Order read.)
MARY COLESLY . Mr. Jones is my brother-in-law—on 13th March he was staying at our house—I have seen Mr. Tear twice at my place—I first saw him on a Sunday; I think it was 13th March—my husband let him in—Mr. Jones came into the shop to him—I did not hear what took place between them, but they had a conversation together—I again saw him on the Monday afternoon, the next day, while the solicitor was upstairs with Mr. Jones; a gentleman came upstairs and was talking to Mr. Jones, and Mr. Tear was downstairs in the passage when I came down—I believe that is the gentleman who came, sitting there—he remained with Mr. Jones about ten minutes or a quarter of an hour—I am quite sure Mr. Tear was waiting below.
letter—this is the copy of it—I can't recollect the exact date that I served it; it was at the time that the prisoner was in Newgate—I think it was about August—it was supposed that the case would be tried then—(This was a notice to produce a letter written by Richard Jones to the defendant, and dated 14th March, 1861)—this affidavit of 23d March is signed by Tear; the body of it is in my handwriting, and taken from Tear's lips—I read it over to him before he signed it.
Cross-examined. Q. Who was present? A. Mr. Cox, Mr. Tear, and myself—I don't recollect anybody else being there—Mr. Cox is another clerk in the same employment as I am.
MR. SERJEANT BALLANTINE. Q. Was that a statement made by Tear voluntarily, or in what way? A. It was a statement made by questions asked him before the Registrar—the Registrar was present—it was done in the usual way before the Registrar—(Part of the bankrupt's declaration of 21st March, 1864,. was here read, in which it was stated that the shop where Jones worked was not occupied by the defendant, but by Jones, who worked for him; and also stated that the property in the shop did not belong to him [the defendant], nor did he know to whom it belonged).
The examination of the bankrupt, on 8th March, was put in and read, stating that he had given up to his assignees property to the amount of 44l., and other property, and that there was no property concealed or withdrawn from his creditors within six months of his bankruptcy.
MR. GIFFARD to ALFRED QLDFIELD. Q. Are those documents in the same condition now as they were before? A. With the exception of the pieces of paper sticking them together—I see cross-lines in ink, they have been added—I believe that was done to make the two pieces agree—I don't know who did it, or when it was done—Mr. Harris brought an action against the assignees for the recovery of a colt, claimed by him—I don't know who has that colt now—the assignees have not got it, I believe—I know that they have paid to Frederick Harris a sum of money for costs.
CHARLES STANFORD . I am an auctioneer's clerk—about the 14th March I went to a workshop on the bankrupt's premises at Belvidere—I found some sash frames, prepared materials, boards, oak scautling, and such stuff in general—I was sent there by my employers, Messrs. Cutting and Davis—the property I saw there was sold by them, it fetched about 201.—I saw a horse in the stable on 14th March—a bay horse with white heels—I don't know what became of it, I never saw it afterwards.
JURY. Q. Did you receive any answer to that letter? A. No:
MR. SERJEANT BALLANTINE. Q. Did you see this person the same day? (A Mr. Soaper). A. Yes—the same day that I gave the letter to my brother-in-law—I told Soaper I had written it.
MR. GIFFARD. Q. Up to what time this year did you work in that workshop? A. I think it was 9th January, I won't be certain—the bankrupt owed me for work I had done at that time; it might be 20l., if we came to a fair settling—I never claimed to have the things I was at work upon, until he paid me the money—I never said I had a claim on them—the things did not belong to me—I made the sashes and frames—I paid my own men—I only had two—I had been working in this shop with those two men in may be two years—when Mr. Tear wanted to put other men in, he did so—I kept the key at times. I have not got it now—I believe I left it at my
lodgings—sometimes Mr. Tear wanted to go into the shop. on a Sunday, and I left the key for him.
MR. SERJEANT BALLANTINE. Q. Was it Mr. Tear's timber that you worked upon. A. Yes—he put other men in when he pleased—I never had any quarrel with Mr. Tear—I appeared at the Bankruptcy Court as a witness.
ROBERT MACLEAN SMYTHE . I am the trade assignee, and am a brickmaker—the bankrupt had dealings with me to the amount of some 400l. or 500l.—the balance due to me was 230l—I was the gentleman who had him served with a writ, on a bill—he called upon me after that, just before I got judgment upon the bill—I think it was within a day or two before the judgment took place—it was ten days after the service of the writ—he asked me to withdraw the proceeding—he said that his circumstances were very good, that he was worth 40s. in the pound.
Cross-examined. Q. The date of your action was 4th January, was it not? A. 4th December, I think—the bill came due on 4th December—he was adjudicated bankrupt by his own wish on 13th January—it was a few days before that he called upon me—I believe the date of my action was 4th January.
MR. GIFFARD to JOHN PAUL. Q. You told us yesterday that the amount of unsecured debts was 1,016l.? A. No; 1,500l—another gentleman said 1,016l.—I am correct—the other witness gathered his particulars from an office copy, which is not correct—if you refer to the proceedings, and compare the office copy, you will find 515l. has been omitted.
COURT. Q. As I understand the other witness", he thinks that 515l. ought not to be in? A. Those contracts were pending at the date of the bankruptcy—I take credit for that, less the amount that would be expended in completing them—it is mentioned in the proceedings, there is a clerical error in the copy—there is a mistake in the casting.
JURY. Q. Has this property cost the bankrupt 14,000l., was that the cost price of the property? A. It says in the statement of accounts that it cost him that.
MR. SERJEANT BALLANTINE. Q. You make out a deficiency of 1,000l. and Mr. Stainsby makes a deficiency of 1,500.? A. Yes—the item that I value at 500l. is the "contracts outstanding" at the date of the bankruptcy—the bankrupt gave me the particulars of the contracts, and then sketched out the prices—I have adopted his prices as the foundation of my conclusions.
The sanction of Mr. Commissioner Goulburn to the prosecution of the defendant was then put in and read.
MR. GIFFARD submitted that the first charge in the indictment could not be sustained, the offence in question was created by the bankrupt not making a full disclosure and delivering up his property on his examination, whereas the examination in this case was not concluded, the bankrupt never having passed his last examination. MR. SERJEANT BALLANTINE contended that an examination had taken place, and a disclosure had been made by the bankrupt, though not a full disclosure; the words of the statute were, "If he shall not on his examination discover" or "shall conceal his property with intent to defraud his creditors;" the real question was the intent, and that was for the jury to decide. THE COURT was of opinion that MR. GIFFARD'S point could not be sustained, but that if necessary it should be reserved for the Court of Criminal Appeal.
The prisoner received a good character.
GUILTY.—Recommended to mercy by the Jury. — Confined Twelve Months.
Before Mr. Baron Bramwell,
MR. NICHOLSON conducted the Prosecution.
CHARLES IRVING . I am a boiler-maker, of 59, Old King-street, Deptford—on Sunday evening, 23d October, I was at the Dog and Bell public-house with Thomas Bell—I retired to the back yard—while there I heard Bell call out, "Help, Charley!"—I knocked at the back-door—the landlord let me in, and let me out at the side door, and I saw the prisoner and Bell struggling on the ground together—Bell said, "Help me, I am being murdered"—I laid my hand on the prisoner's shoulder, and said, "Allow him to get up"—with that I received a stab on my left arm, and on putting my hand up I felt the wet blood on my arm—I received another in the side—I fell against the wall, and the knife caught me in the left hip, and split my trousers up—the prisoner did that—I saw the knife, it was a pocket-knife—I could not swear to it—on receiving the stabs I ran out into the middle of the road, and saw a marine, and said, "Marine, see if he has got a knife, I am stabbed"—the marine ran and caught the prisoner, and struggled with him—he could not get the knife from him—the prisoner made his escape up Old King-street—I went home—next morning I went to a medical man and had my wounds dressed—I felt pain and inconvenience from them—I have only done one day's work since, and then I had to knock off, it turned to erysepelas in my arm—the wounds were very severe, the one on the arm especially.
Prisoner. This man knocked down an old man that was with me and took his money away from him, while another man and I were down on the ground.
Witness. I never saw any old man—I don't know a man named John Elliott—I have seen an old man that Bell showed me—I don't know his name—I saw no one there but the prisoner, the marine, and Bell; there was no one else there, not a soul—an old man said at the police-court that I had knocked him down and taken his money—Bell saw the old man, I did not.
COURT. Q. When you saw the prisoner and Bell on the ground, which was uppermost? A. I believe the prisoner; he was like on the top of Bell chewing his thumb, and Bell was calling out for help—the marine came out of the public-house behind me—the prisoner was holding Bell down—I put my hand on the prisoner's shoulder and said, "Allow him to get up"—I did not give him a push, because I knew there was a lot of Irish round there, and they would as soon take away your life as not—I won't say I might not have given him a slight push, but not a hard one—I fainted after the second stab—I fell against the wall, I stopped there a minute—I had no sense till I ran out into the road.
THOMAS BELL . I am a labourer of 87, New-street, Deptford—I was at the Dog and Bell, on Sunday evening, 23d October—about 11 o'clock I went out for a purpose, and when I was going in again the door was locked, and the prisoner and Elliott were standing at the door—I pushed Elliott by to get in; he pushed me—the prisoner interfered and asked me what I was pushing him for—I asked him what he had got to do with it—he said he would soon let me see, and pushed mc down in the passage and got my thumb in his mouth,
and kept it in for about five minutes—he hit me—there were scars—I called out to my friend Irving, and he came—I heard him cry out that he was stabbed, and I asked a marine to see if he had a knife—I did not see Irving stabbed—I did not see a knife in the prisoner's hand; it was dark—I suffered a little pain with my thumb—I was quite sober—I had had a pot of beer—the old man told me next morning that he had been robbed.
Prisoner. The reason I bit his thumb was because he had got hold of my coat, and I could not get away, and they kicked me on the head. Witness. I had not got hold of his coat; I was on the ground and he was a top of me.
COURT. Q. How did you get up? A. I got up after my friend took the prisoner off the top of me—he took hold of him by the shoulder, I believe, and took him up—I could not say how he did it exactly.
GEORGE BUTT . I am a marine, stationed at Deptford Dockyard—I was at the Dog and Bell at 11 o'clock on this night—I went outside the door at shutting up time—I saw the prosecutor—he said he bad been, stabbed, and wanted me to see if the prisoner had a knife in his hand—I went up to him; he had the handle of the knife in his hand, and I had only the blade to get hold of, and I cut my hand with the blade—I asked him to give me the knife; he would not—I threw him on the ground, he got up and ran away—I saw the prosecutor leaning against some palings—he wanted some one to take him home, but my leave had expired, and I was obliged to go into barracks—I did not hear any one complain of being robbed—I did not see any old man there, nobody but the prisoner and prosecutor—the prisoner had been drinking, the prosecutor was sober, and Bell also.
COURT. Q. Could you see whether the prisoner had been kicked on the head? A. No, I could not, it was dark—I did not see him till he was apart from the others—there was no struggling going on when I came up—the prisoner did not appear to running away—he was standing against the wall.
JAMES BARRETT (Policeman, R 224). I took the prisoner into custody from information I received at 6 o'clock on Monday morning—I had seen he prisoner about twenty minutes past 11 running from that direction, and he then wanted me to take him to a doctor to get his head dressed—I said it was not my duty, if he went into that locality and got his head broke he must put up with the consequences; with that he went away—he had been drinking—he was bleeding from the head at the time—when I took him into custody he was in bed—I said, "I want you; you were in a row in Duke-street last night"—he said, "Yes"—I said, "You are suspected of using a knife down there"—he said, "I don't know anything about using a knife, I was in a row and lost my hat"—I searched him, and in the left trousers pocket I found this clasp-knife—there was blood on the handle and on the point of it, and it is there now—it was very dark at 11 o'clock on this Sunday night, and it was rather a dark place where the row took place.
JOSEPH HENDERSON . I am a surgeon, of Evelyn-street, Deptford—on the morning of 24th October, at half-past 10 o'clock, the prosecutor called on me—I found a wound on the outer side of the left hip, about an inch long, and I should think about an inch deep; it was part incised, between that and a stab or puncture—the trousers, coat, and shirt were cleanly cut through—there was good deal of effused blood on the shirt and trousers—he had a wound on the inner portion of the left arm, about half an inch deep; it was over the principal vessel, indeed, the vessel was seen pulsating in the wound—the coat sleeve and shirt were cleanly cut through—he also directed my attention to the condition of his trousers in front and said that had also
been done with a knife, but the edges were ragged and irregular, and had more the appearance of a tear; there was was no wound there—the wound in the arm was dangerous from its neighbourhood to the principal artery—I should say the wounds had been given with considerable violence, and with a sharpish instrument—I think a knife might do it.
Prisoner's Defence. I know notting about it. I don't know whether I cut him or not. After I received the blow on the head, I don't know what I did—Elliott is here, and I wish him called.
JOHN ELLIOTT . I was with the prisoner on this night; we came out of the public-house together—I stood in the middle of the road when the witness came across and struck me, and while I was getting up I lost my cap off my head; one came behind me and put a hand in my pocket and took 18s. and a purse—I can't say rightly which one it was that struck me; It was one of the two, I rather think it was the prosecutor—he knocked me down—-when I got up there was a whole lot of bad girls and chaps who came out out of the public-house altogether, and I went away out of the scuffle—when I was knocked down the prisoner was fighting with the witness—as soon as he saw me knocked down he went into the other man fighting—he did not fight with the one that knocked me down, but with the other, Irving—I don't know what became of him—I went away—some woman hallooed out, "Get away, they will murder you if you don't. get away," so I went away, and left my cap behind me, and was glad enough to get out of the bother—the policeman found my cap and purse next morning.
Cross-examined. Q. What are you? A. A gardener; I am regularly at work in a market garden, Mr. Myatt's—I get 16s. a week—I had 1l. in my pocket when I left home, I spent 2s., and had 18s. left—I had saved it out of my wages, a shilling or two at a time—I did not go to the police-station to complain of the loss of my money; I said nothing about it to any one—I did not go before the Magistrate—I came here of my own accord to speak for the prisoner—his landlady told me; she came to me yesterday morning and said I had better come up—there was no one about but these two when I was robbed—no women were there then—they came up afterwards; they all rushed out of the public-house when the row took place.
COURT. Q. Did you know these men Irving and Bell before? A. Yes; I had seen them many times before along with these girls—I had spent 2s. at the public-house—I can't say how long I had been there—we had two pots of ale a piece.
GUILTY of unlawfully wounding.—Recommended to mercy by the Jury.
Confined Three Months.
Before Mr. Recorder.
MR. DALEY conducted the Prosecution.
FANNY BOND . I am a widow, and live at 3, Ann's-place, Deptford—on 7th January, the prisoner came to lodge with me—he said that he was a traveller for Barber and Sons, of Greenwich—he slept in the house that night, and went away before I was up in the morning—I afterwards missed a dress, mantle, cloak, hat, and scarf, also a great coat from the passage—they were all safe on the evening the prisoner came—I next saw him at the Police-court.
Prisoner. A. How long afterwards? A. Six weeks—I saw you with others, and picked you out.
MR. DALEY conducted the Prosecution,
ELIZABETH WALLACE . I am a widow, and live at 13, Olive-place, Greenwich—in January, the prisoner took a lodging at my house by the week, and referred me to Mr. Barber, a grocer, of London-street, Greenwich—he slept that night at my house, and went away at a quarter to 7 in the morning—I was up, and saw him leave—I afterwards missed a counterpane, worth 2l. 2s., my husband's coat, and other articles—I recognised him at the station last Monday fortnight—the prisoner is the man—I have not the slightest doubt of him.
GUILTY .**— Confined Twelve Months.
Before Mr. Common Serjeant.
MR. COLERIDGE conducted the Prosecution, and MR. DALEY the Defence.
ELIZA ANDREWS . I am ten years old, and live with my parents, at 41, Beresford-street, Woolwich—they keep a baker's shop, and I am sometimes left alone to serve—on Saturday evening, 15th October, at four or five minutes past 7, the prisoner came in for a sixpenny cake—he gave me a half crown—I bit it, bent it and said, "I think this is a bad one—he said, "Oh no, it is a good one; put it in the till"—I gave him the change, and kept the half-crown in my hand—Charles Goodfellow, who works In the shop, came in, and I gave it to him—the prisoner had then gone out hardly a minute—my mother, who came out almost at the same time as Goodfellow, ran after the prisoner—I next saw him when I went to the Court.
Cross-examined. Q. Was the gas alight? A. Yes—I gave the prisoner two shillings change—the half-crown was not in the till at all.
CHARLES GOODFELLOW . I went into the shop, as the prisoner was taking up the change—the little girl gave me the half-crown—I bit it, and bent it; it was bad—just as I bent it my mistress came in—I gave it to her, and ran after the prisoner—she went out also—I followed the prisoner half a mile, to Mrs. Clark's, and saw her serve him with two-pennyworth of Scotch buns—before he went in there, he gave something to a man, who he spoke to, and who stood on the opposite side of the road—I afterwards pointed that man out to Mr. Turner, who caught hold of him, looked at him, and let him go—the prisoner came out of Mrs. Clarke's—he went into Mrs. Thompson's, about one hundred yards off—I followed him when he came out, and took him in custody.
Cross-examined. Q. How soon after he left your shop did you follow him? A. About two minutes—I did not go into Mrs. Clark's, I stood at the window—I did not go in and speak to the person who was serving him—I followed him—I was examined twice at the Police-court—I mentioned about following him the first time—I did not see him give the half-crown to the little girl—he went into four shops before I gave him in custody—he walked a mile, but was not out of my sight—he was going to purchase some cards at the fourth shop—I do not know what he purchased at the third shop, because I did not go in—there was no one in the second or the fourth shop; but I could not see what he purchased at the fourth, because he stood at the back, and the window was not like other shop windows—I did not meet a policeman the entire mile.
MR. COLERIDGE. Q. Did he go into four shops besides yours? A. Yes.
ELIZA ELIZABETH ANDREWS . I keep a baker's shop, at 41, Beresford-street, Woolwich, and am the mother of the first witness—I came in at about five minutes past 7, and Goodfellow gave me a half-crown, and ran out—I ran out, and overtook him about five minutes' run from the shop—I first saw the prisoner coming out of a baker's shop opposite the Arsenal-gates—he did not purchase anything there—I next saw him come out of Mrs. Clarke's, and then he went to another shop—he came out, and went to where they sell oysters, Mrs. Thompson's—I kept in the road—I afterwards went into a shop where he was purchasing some cards, but they had not got the sort he wanted—a constable walked in with me, shut the door, and said to the prisoner, "I want you"—he said, "What do you want with me?"—the policeman said, "You have been passing bad money"—he said, "You can search me," and I saw him put something on a little desk—the policeman took him to the station, and on the road he struck the policeman on the mouth with his fist, and made his nose and lip bleed—I kept the half-crown, and marked it at the station—this(produced) is it.
Cross-examined. Q. Were there any people in the shops? A. Only the shopkeepers—I saw him go into three shops—I followed Goodfellow, who watched him, while I went back thirty yards to borrow a shawl, as I was so cold; and when I overtook Goodfellow again, the prisoner was in the fourth shop—there was a taller man with the prisoner, and as he purchased the things, he handed them over to the other, who always walked on—he never went into the shops—he was there while Goodfellow was looking in at the window—he went away, straight up Plumstead towards the bridge.
JANE CLARK . On Saturday night, 15th October, a man came to my shop—he was about the prisoner's size, but I did not notice him much—I served him with two-pennyworth of Scotch bun, and he gave me a shilling—I gave him the change, sixpence and fourpence—I kept it in my hand, and after he had left, I found it was bad—I took it in doors and laid it on the table in the yard at the back of the shop—there was no other shilling; there—I marked it, and gave it to a constable half an hour after.
Cross-examined. Q. At what time in the evening was it? A. A little after 7—I rather suspected the shilling at first; but the edge looked perfect, and I thought I was wrong—he was three or four minutes in the shop—I saw him next at the Police-court—I should not like to take an oath that the prisoner is the man.
THOMAS TURNER I am a clothier, of 24, Sussex-place, Plumstead, next door to where the prisoner was apprehended—on the night of 15th October, Goodfellow pointed out a man to me—I went to him, took hold of his arm, and he threw something over into my garden—I let him go, not knowing what he had been doing—I followed him some distance, trying to find a constable—I then returned, and found four bad half-crowns wrapped up respectively in a paper parcel in my garden—the prisoner was at that time in the shop next door, and the constable brought him towards where the other man had gone—I saw the other man while the prisoner was in the shop next door.
JOHN CLARK . I am a constable, of the Royal Arsenal, Woolwich—on the evening of 15th October, I took the prisoner at a toy-shop—he said, "You have made a mistake"—Mrs. Andrews said, "No, there is no mistake;
I followed you from my house"—he said, "You can search me"—I did so, and found a florin and a half-crown, good—I produce a half-crown and a shilling which I got from Mrs. Clark, and four half-crowns which I got from Mr. Turner—this is the paper they were wrapped in—I received this other half-crown from Mrs. Thompson, of 4, Sussex-place.
Cross-examined. Q. Before he said, "You have mistaken the party" had he been charged with uttering? A. Yes.
WILLIAM WEBSTER . Here is a bad half-crown of 1819, and a bad Shilling—these are four bad half-crowns, one of 1819, from the same mould as the single one, and three of 1845, from one mould—this one from Mrs. Thompson's is of 1845, and from the same mould as the others.
Mrs. Thompson being absent, THE COURT considered that there was no evidence to go to the Jury as to the second uttering.
GUILTY of a single uttering. — Confined Nine Months.
WILSON*— Confined Eighteen Months.
BROOKS— Confined Twelve Months ,
MR. COLERIDGE conducted the Prosecution,
CHARLES MEADOWS . I am shopman to Richard Thorn, who keeps a pie-shop in London-street, Greenwich—on Monday evening, 31st October, about half-past 11 at night, the prisoner came for a penny pie—I said we only had twopenny ones, and he went out again—he came back in about two minutes and said, "I will have a twopenny one"—he put a shilling on the counter—I put it to my teeth, found it was bad, jumped over the counter, and gave him two or three clouts—he asked what I did that for—I said, "If you do not go off I will show you"—I saw a man standing against the lamp-post—the prisoner touched him, and he ran away—I kept the shilling in my hand and gave it to my master.
GEORGE DAMIRAL . I am a mariner, and keep a shop in Church-street, Greenwich—on 1st November the prisoner came for a pennyworth of coughdrops—I served him—he gave me a bad shilling—I asked him where he got it—he said, "From a chap outside called Nelson, but Wilson is his proper Dame"—I asked him to come to the door—he did so, but we could not see him—I gave him in charge, but did not press the charge—I gave the shilling to the constable.
THOMAS FOXLEY (Policeman, 48 R). Mr. Thorn gave me five bad shillings—this (produced) is one of them—I went to the prisoner's father's house on Wednesday morning, 2, Bennett-street, East Greenwich—the prisoner was sitting by the fire—I told him I had come to apprehend him for passing bad money—he said, "I did not know it was bad; I received it from another chap named Nelson; he is a fishmonger's apprentice, and his father is a Greenwich pensioner"—he described Nelson at the station.
JOHN DOLLEY . I am a policeman attached to Greenwich Hospital—on 1st November Mr. Damiral sent for me and gave the prisoner into my charge, for passing a bad shilling, which he gave me after marking it—the prisoner said that he had it from a chap named Nelson, belonging to the same smack as he did—I asked him where Nelson was—he said that he left him at the comer of the market—I looked up, but could not find him—I took him to
the station, but Mr. Damiral would not press the charge because he thought the boy was innocent.
Witness for the Defence
WILLIAM WILSON . I have pleaded guilty to an indictment for having a quantity of counterfeit coin in my possession. (See page 77)—I know the prisoner; he is innocent—I gave him a counterfeit shilling, and told him to go and get a pie, and another, and told him to get some sweets—he was to bring the change back to me.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
MARY LETITIA MATO . I am the wife of James Mayo, a labourer, of 40, Lower Wood-street, Woolwich—on Monday, 17th October, the prisoner took a furnished room at my house—on the Thursday following, between 11 and 12 in the morning, I saw my husband's watch and guard safe in my bedroom in a piece of paper—on the following morning, between 7 and 8, I missed it—just before I missed it I saw the prisoner drop the piece of paper in which the watch had been, from her lap—I then went upstairs to see if the watch was safe, and found it gone—the prisoner followed me up, and asked me what made me look so ill—I told her that my husband's watch was gone—she said, "Perhaps your husband has got it"—I had the paper in my hand, and I told her it was the piece the watch was in, and I had seen it fall from her lap—she said she must have picked it up with the towels in the kitchen—the watch and chain are worth about six guineas.
Prisoner. Q. Did you say, "Mrs. Cunningham, if you give up the watch to me I shan't do anything against you?" A. No, nothing of the kind.
ANN FORMAN . I am a widow, and keep a clothes shop in High-street, Woolwich—on Thursday afternoon, 20th October, between 4 and 5, the prisoner came to my shop—she said she had got a watch for sale, and it was her husband's—this is the watch—she said her husband was rather in difficulties, making up a bill, and that she must seethe watch and make it up—I gave her 1l. for it—I afterwards gave up the watch and chain to the police-officer.
Prisoner's Defence. I am sorry for it I did not intend to keep it.
GUILTY . She was also charged with having been before convicted of felony at Winchester, in October, 1862; to this she
PLEADED GUILTY.— Seven Years' Penal Servitude.
MR. BEST conducted the Prosecution, and MR. PALMER the Defence
The prosecutor stated that he believed the prisoner had only committed a breach of contract, and that he had no dishonest intention; upon which the Jury found the prisoner
NOT GUILTY .
Before Mr. Common Serjeant.
DENMAN PLEADED GUILTY .— Confined Nine Months.
MESSRS. POLAND and M. J. O'CONNELL conducted the Prosecution.
JOHN HUNT . I keep an eating-house, I, Union-place, York-road, Batter-sea—on 1st November, about half-past 2 o'clock, Denman came in, and I served him with three pennyworth of meat—he gave me a half-crown—I gave him a florin and threepence, and he left—I kept the half-crown in my hand, and in five or ten minutes found it was bad—I went into a dozen beer-shops, and then to the police-station, and gave the half-crown to a constable who went with me, and I saw the two prisoners at a distance; that was an hour afterwards—I recognised Denman—Hunt was walking with him—Denman turned round, recognised me, and they walked on—he took a paper parcel out of his pocket and put it into King's right hand; King put it in his right pocket—the constable laid hold of both of them, and just as we got to the water trough, King swung the constable round, and I thought he put it into the ostler's pocket as I saw a paper pass from his hand—I laid hold of the ostler by the collar, but the policeman told me it was all right, and I let him go—the prisoners were taken to the station and put in the dock—King was then taken into the office to be searched, and Denman was put to the bar—I asked him what was in the paper he had passed to King—he said, "Only a piece of paper to light his pipe"—they both denied knowing each other before.
King. Q. Would not you have had the ostler taken as well, if you had not known who he was? A. Yes; I laid hold of him, thinking he was one of the party.
WILLIAM COLE (Policeman, V 127). On 1st November, I was at the station and saw a half-crown produced—I went in search of Denman, and saw both prisoners walking together in High-street, Wandsworth—after Hunt joined me Denman dropped in rear of King a few yards, put his left hand in his trousers pocket, and pulled out a paper parcel which he put in King's right hand—I seized them both, and they swung me round—King bad this parcel in his hand, and it went either to the horse trough or on the ground—I took them both to the station—I searched King first, and found 10s. 3d. in good silver, and 3 1/2 d. in copper, and a token; on Denman four good shillings, a halfpenny, and a farthing—when I apprehended them they each said they had never seen each other before—the ostler came to the station and gave me a packet containing six florins, a half-crown, and three shillings, wrapped up separately and all bad.
King. Q. Did you not tell the sergeant at the station that I had got it in my pocket, and had better be searched first? A. No; I said that it went in the horse trough.
COURT. Q. Was the Ostler searched? A. No; I have known him nearly five years.
JOHN MASLIN . I am ostler at the Rose and Crown—I was opposite the water trough, and saw the policeman collar the prisoners—he said, "John, assist me with these two men to the station"—before I could rise from the horse trough, Mr. Hunt came up and took my hand from under me, saying, "Is this one of them?"—the policeman said, "All right"—I walked behind
them, and saw them go into the station—I then went back to the horse trough, thinking I was not wanted, and saw this parcel on the stones just at the end of the horse trough—I took it to the station and gave it to the sergeant.
King's Defence. I know nothing about it. I was a stranger, the same as the ostler. I was going to see a rowing match when the policeman took me by the shoulder. I said, "Why did not you pick it up if you saw me throw it away?"
KING.— GUILTY .— Confined Nine Month.
MR. POLAND conducted the Prosecution, and MR. METCALFE the Defence,
JAMES BRANNAN . I am employed by the Mint—on 9th November at half-past 8 in the evening, I went to the Carpenters' Arms beer-house, in the New-cut, Lambeth—I saw the male prisoner standing in front of the bar with other men—I pointed him out to Inspector Young, who accompanied me with several others—I said, "Joe, I have received instructions from the solicitor to the Mint to look after you as an extensive dealer in counterfeit coin; have you any about you?"—he replied, "No"—Young then put his hand into the prisoner's left breeches' pocket, pulled out a packet, and gave it to me—I opened it in his presence and found ten counterfeit florins—I said to the prisoner, "Where do you live I"—he said, "Anywhere"—I said, "Don't trouble yourself; I know where you live"—I put him into a cab and went to 20, America-street, Southwark-bridge-road—when we were at the door—I said to him, "I believe you live here, Joe?"—he said, Yes; all right, Mr. Brannan"—I went into his front parlour, and found the female prisoner and a little girl—I said to the female prisoner, "Does this man live here?"—she replied, "Yes; he is my husband"—the other officers went into the back parlour, and the first-floor back—I was called up by Inspector Potter, and he gave me two or three little paper packets which I saw him take from the mantel-shelf—there were two crowns, two half-crowns, two florins, and six shillings—he then went to a box which stood by the bed, and handed me out several other packets; three packets containing ten florins each, and five packets containing ten sixpences each, and a little packet containing two sixpences, all separately wrapped in paper—he also handed me this bag, containing four pounds and three-quarters weight of white metal—he took that from the box—I also saw him find several watches, a jemmy, and a life-preserver, and other property in the same room—the prisoners were not then present; the female declined to come up, she sent the little girl—I afterwards went down stairs and said to the prisoners, "We have found a number of watches, a large quantity of counterfeit coin, white metal, and other property"—the male prisoner said, "I can account for them watches, and everything you have found in that room—I don't think he has found it convenient to give any account of them since.
THOMAS AMBROSE POTTER (Police-inspector, G). I went with the last witness and the prisoner to 20, America-street—the female prisoner was sitting on a chair smoking a long pipe—after searching that room, I said to her, "Which are your bedrooms?"—she said, "The back parlour, and a room on the first-floor"—she went with me to the back parlour; I found nothing there—there was a little girl with her—I then asked
her to come upstairs to her bedroom—she said, "I shan't go," and sent the little girl with me with a light—I made a search there and found on a shelf three packets which I handed to Mr. Brannan, seven watches, two gold chains, a photograph of the male prisoner, and in a box under the window, I found five other packets, this white metal, and other property, which is all here—I found also some good money in the box; three crown pieces, two half-crowns, and four old penny pieces—on coming down stairs, I told the man that I had found a large quantity of counterfeit coin, watches, and other property—he said, "Didn't you mid any good money?"—I said, "Yes; I found three crown pieces and two half-crowns"—he said, "That is right"—he also asked me how many watches I had found—I told him six—he said, "There ought to be seven"—I afterwards found that there were seven.
EDWARD YOUNG (Police-inspector L). I went with Brannan and the others to the Carpenters' Arms—in the male prisoner's left-hand trousers' pocket I found a paper parcel, which I partly opened and gave to Mr. Brannan—in his right-hand pocket I found a purse containing a sovereign, two half-sovereigns, and 6s. 6d. in silver, all good—also a letter addressed "Mr. Joseph Davis, 20, America-street"—a knife, key, and watch were also found on him.
WILLIAM WEBSTER . These ten florins are all bad—I have selected three of them which are from the same mould—three of those taken from the three packets of ten each, are from the same mould as the first three—the three separate florins are bad—I find two bad crowns, two bad half-crowns, fifty-two bad sixpences, and six bad shillings—I have seen them all—this white metal is suitable for making counterfeit coin.
ELIZA DAVIS.— NOT GUILTY .
JOSEPH DAVIS,— GUILTY .— Five Years Penal Servitude.
MR. POLAND conducted the Prosecution
JAMES MILLS . I am in the employment of Mr. Mills, of High-street, Southwark, an ironmonger—about six weeks before 4th November, the prisoner came into our shop, and asked for a four-inch flat file, which was 4d.—he gave me a half-crown—I told him it was bad: I bent it up in the detector, and showed it him—he said he would take it back from where he got it, which was at a public-house—he gave me back the file, and I gave him the half-crown—I pointed him out to Oliver, and he followed him—on 4th November, about 4 o'clock, the prisoner came again, and asked for a fourinch flat file again—he paid me with a half-crown—I remembered his features—I am sure he is the man who was there before—I put the half-crown in the detector, bent it, and told him it was bad—I was very busy at the time—I told him to wait a minute, and sent for a constable, and gave the half-crown to him.
SAMUEL OLIVER . I am in the employment of last witness's brother—about six weeks previous to 4th November, I saw the prisoner in my master's shop, and followed him out—I saw him join a man and woman about 200 yards off—I followed them about for an hour and a half, and then lost sight sight of them—they did not go into any house during that time—I am quite sure the prisoner is the man—I picked him out at the station From five other men.
Prisoner. Q. Are you quite sure it was about six weeks previously? A. I am—I can't tell the date; it was previous to 6th October.
WILLIAM HENDERSON (Policeman, M 53). I received charge of the prisoner at Mr. Mills's shop, on 4th November—Mr. Mills said, "This man passed a bad half-crown to me in payment of a file"—I asked the prisoner where he got it from—he said, "From a public-house"—I asked him, "Where?"—he said he did not know—I found a good half-crown on him at the station.
Prisoner's Defence. Do you think it is likely that if I was the person who went to the prosecutor's shop on the first occasion, that I should have been so mad as to go again to the same shop? Besides, I can prove I was in the Greenwich Union from 26th August until 31st October, if the master is here.
HENRY CULEY . I am master of the Greenwich Union—this (produced) is in my writing—it is true that the prisoner was admitted into the Union on 26th August—he remained till 2d September, was re-admitted 3d., September, discharged on 17th, admitted again on 6th October, and remained until the 31st—since then I know nothing of him.
MR. POLAND. Q. Those dates you have given are dates when he was actually in the workhouse? A. Yes.
Five Years' Penal Servitude.
MR. H. PALMER conducted the Prosecution and MR. LILLEY the Defence.
GEORGE HARWOOD . I am a printer, and live at 2, Cambridge-cottages, Camberwell—on Saturday, 15th October, between half-past 4 and 5, I was in Poplar-row, Newington-causeway—I was followed by three men—when I got some distance down, they knocked my hat off, and kicked it about the road—the prisoner was one of those men—I can't say which of them knocked my hat off, because that was done behind me—I stopped to pick it up—they knocked it off two or three times, and just before I got into the Kent-road, two of them came before me, and one behind, and pushed me up against a fence—one of them used the expression. "You shan't go any further," and one of them put his arms round my neck—I think the one behind me—immediately after that I felt a tug at my waistcoat-pocket, where my watch was; I felt for it, and missed it—my watch was safe before I met these men, because I looked at it to see how long I had to catch the train at the Elephant and Castle station—all three of them ran away in different directions; I and others followed, but we lost sight of them down Lock's-fields—I heard no more of it till the following morning, when I was called to the police-station at Stone's-end to see if I could identify the prisoner—I picked him out from a dozen others, as one of the men—I have not seen my watch since—I was quite sober.
Cross-examined. Q. Had you seen either of the men before that day? A. Not before that day—I was excited and alarmed—I gave informtion to the police directly after the robbery, and was sent for to go to the station on the following morning—I suppose the people I picked him out from were prisoners—none of them were policemen in plain clothes that I am aware of—a
policeman came for me; he said that I was to come to see if I could identify a person they had got there—he did not say he had got one of the men who had committed the robbery in Poplar-row, on the Saturday—I don't recollect him saying anything of the sort—if he had said so, I think I should have recollected it.
EDWARD LEWIS . (This witness being deaf and dumb, gave his evidence through an interpreter.) I live at 20, Chatham-place, Walworth—I know the prisoner—on 15th October, about half-past 4, I saw the prosecutor struggling with the prisoner in Poplar-row, and then saw the prisoner run away—another man was with him, who also ran away; a friend was with me—I followed the prisoner as far as Union-row, and there lost sight of him—I had seen the prisoner before in Kent-road.
Cross-examined. Q. Was the friend who was with you deaf and dumb? A. Yes, he was—I was about as far as the length of the jury-box from the prisoner (five or six yards)—no one has told me what to say in this matter—I am certain the prisoner did it.
CHARLES HURST (Policeman, M 244). I received information of the robbery, and a description of the thieves on Saturday night, and went in search of the prisoner, and two others not in custody—on Monday night I was walking along High-street, Borough, and saw the prisoner with another man—I took them both into custody—on the way to the station the prisoner said, "What do you want me for?"—I said "You are wanted, with two others, for stealing a watch in Poplar-row, on Saturday night"—he said, "I know nothing of it"—I took him to the station—the inspector sent a constable to the prosecutor's house; he came—the prisoner was put with three other prisoners who were then in the cells, and the prosecutor identified the prisoner as one of the men who had robbed him of his watch.
Cross-examined. Q. Were either of the three police-constables in plain clothes? A. No; I am quite sure of that—they were prisoners who had been brought in there—there were four altogether with the prisoner—there were two about the same height as the prisoner, and one of them shorter; none of them were a head taller; there might have been a little difference in them—when the prosecutor came to the station, I told him that I had one of the men—that was before he picked the prisoner out—the prosecutor said that he had given a description of a short, carrotty-haired man—the prisoner was the only man with red hair amongst the four.
COURT. Q. Was the man the prisoner was walking with taken? A. Yes—he was not amongst the four—he was sitting down by himself—the prosecutor saw him in the reserve-room, but he said he was not one of the three.
GUILTY .—He was further charged with having been before convicted of felony at Southwark, in March, 1863; to which he
PLEADED GUILTY.**†— Seven Years' Penal Servitude.
Before Mr. Recorder.
MR. WOOD conducted the Prosecution, and MR. LILLEY the Defence.
WILLIAM EDWARD GARLICK . I am a carman, in the employ of the London, Chatham, and Dover Railway Company—on Monday evening, the 14th October, I was in Cross-street, Christ-church, Borough—I heard a noise in
the Prince of Wales beer-shop—I went in, and called for a pint of beer—there was a disturbance between the landlord and another man—the man wanted to fight the landlord—I got in between them and tried to prevent it—the man struck me a violent blow, which I returned—the man's wife came and took him away—then the prisoner came, and said he would have a turn, and he wanted me to go outside—I said I would not—I went out to go to my work, when the prisoner gave me a violent blow under the ear—I knocked him down—I then found I was covered with blood, and I had a wound on the head—I was then taken in a cab to the hospital.
Cross-examined. Q. Had you only had a pint of porter? A. Yes—I was perfectly sober—I was in the beer-shop about twenty minutes altogether—the prisoner was there the whole of the time—the prisoner went out, and I followed him about ten minutes afterwards.
JOHN WELLER . I live with my parents at No. 12, Church-street, Blackfriars—on Monday, the 14th October, I saw the prisoner and Mr. Garlick fighting—the prisoner had hold of Garlick's hair—the prisoner had a knife in his hand—I saw him strike Garlick with the knife—this is not the knife (produced)—it had a white handle, and it was a little bigger than this.
Cross-examined. Q. Where were the prisoner and Garlick when you saw them? A. Outside the public-house—Garlick was punching the prisoner—they were fighting when the prisoner struck Garlick with the knife.
EDWARD REYNALD RAY . I am house-surgeon at Guy's Hospital—the prosecutor was brought there about half-past 7—I forget the evening—he had an incised wound behind the left ear, about half an inch long and about an inch deep—a knife like this (produced) would not have caused such a wound; it must have been a larger one.
WILLIAM MARKWELL (Policeman, A 476). I was on duty in the Blackfriars-road on Monday evening. 14th October—the prisoner came to me, and he wished to give a person into custody—he took me to the prosecutor, whom I found bleeding at the hack of the ear, and he made a charge against the prisoner for cutting him with a knife—I took the prisoner into custody, and at the station house searched him, and found this knife (before produced) in his pocket—the prisoner said he did not do it.
MR. LILLEY. Q. When the prisoner came to you, was he intoxicated? A. No; but he was a little the worse for drink—he exhibited marks of injury—his cheek was bleeding.
GUILTY.—Recommended to mercy by five prosecutor on account of his wife and family. — Confined Three Months.
MR. WOOD conducted the Prosecution, and MR. LILLEY the Defence.
LOUISA WALKER I am the wife of Thomas Walker, of Portland-place South, Clapham-road, a surveyor—he is not engaged at present; he is very ill with rheumatism—on 14th November he was out, and had arranged to meet me by the Ship at Charing-cross, at 11 o'clock at night—I was passing along the Westminster-road at a few minutes before 12 o'clock; but previous to meeting the prisoner I was pushed down, which caused my nose to bleed—the prisoner came up and spoke to me, and I asked him the way to the Elephant and Castle—he took me up the Black friars-road—we went into some wine vaults there, and had half a quartern of gin and hot water, which I paid for—I gave a shilling, and received 9 1/2d. change—the prisoner
had nothing, to my knowledge—we came out together, and he took me round a turning towards York-road; I think it is Stamford-street, when he struck me on my face, snatched at my chain, broke it and ran away—it was not gold, it was metal—I called, "Stop thief!" chased him till he was stopped, and gave him in custody—this chain and locket (produced) are mine.
Cross-examined. Q. Were you living with your husband at this time? A. Yes; in apartments—I was in the habit of meeting him very often at night, at any part where he might be—we have only lived eight or nine weeks at Clapham—we lived at Brixton before that—we have also lived at Camber well, and on this side of the water—I left home at a quarter-fast 8, or a quarter to 9—I did not ride any part of the way—the gentleman came up to me in Kennington-road about 9—he was a stranger to me—he spoke to me, and I spoke to him—I only went into two public-houses with him—I went twice into the first public-house, but that only makes two public-houses—I did not receive half a sovereign from the gentlemen in any one of them, nor ten shillings—I had not half ten shillings on me that night at all—I do not know the sign of the public-house into which I went with the gentleman—I do not know whether the landlord is here—the gentleman did not say in one public-house, "See what I have given you;" nor did I say, "It is a sixpence;" nor did he say, "No, look again, it is a half-sovereign"—I positively deny that statement altogether—it was later than 11 o'clock when I saw this youth. (The prisoner)—I had no watch, but I had a locket, with a Maltese cross attached to it—I tell the time as near as I can remember—I was not so far stupefied by the gin and water but that I knew what I was doing—when I asked the prisoner the way, I was by the Bethlehem Hospital, near the public-house—I do not know the sign of it; but it is at the top of St. George's-road—Bethlehem Hospital is on the other side—I did not observe any gardens; it was near a brick-wall—I do not know that where I was at St. George's-road, I was very near the Elephant and Castle—I did not know my way at all up that road—I had not been so far up—I often go out to meet my husband at night—when I went out with him, or to meet him, I went down the Kennington-road, and turned towards Westminster-bridge; but the prisoner took me into the York-road—I knew what I was speaking about, but I did not know my way—I did not know where Blackfriars-road was, though it is a year and nine months since I first, went to Brixton—I did not know the other end of the York-road, or that it ran into the Blackfriars-road—the prisoner took me that way, and up Stamford-street—I did not know that it was not the York-road all the way along—I believe the public-house was in Blackfriars-road—I was not struck by the gentleman, I was pushed down by him, because he was taking improper liberties with me, which he ought not to have done, and I resisted it—I did not strike him at all—I had no latch-key in my hand—I went into one public-house with the prisoner—we did not remain more than five minutes—I drank the gin and water and went out again—I believe the prisoner to be the same young man, but he is so differently dressed, I can hardly tell him again—I think it is the same face—I received no money from the gentleman or from the prisoner—I have been married five years—I do not know where Tooley-street is, or Duke-street, London-bridge—I know the railway terminus, but never noticed a street which runs by the side—I never went by the name of "Chatham Poll"—no associate of mine is called "Exhibition Polly," who got into trouble: I do not know what you are speaking of—I do not know
another woman named Tile off—I know that Policeman (Case, 142 B)—I believe he is from Pimlico—the sight of him does not refresh my memory about the names you have put to me—I am supported by my husband.
MR. WOOD. Q. Is there any truth in the suggestion that you received money from the gentleman? A. Never, nor was I guilty of any immorality with him.
RICHARD HART (Policeman, 1 L). I took the prisoner at twenty minutes to 1 o'clock in the morning of the 15th—I heard cries of "Stop thief!" and saw him stopped by several persons—the prosecutrix said that she could not identify him, but a boy, Vallon, put his hand on the prisoner's shoulder, and said that he could identify him—I put my hand to catch hold of the prisoner, and this locket and chain (produced) slipped from his hand through my fingers, on to the ground—he said that the prosecutrix gave him 1s. to pay for some ale and gm in a public-house.
Cross-examined. Q. At the time you took him, was he a good deal agitated? A. Yes—the prosecutrix had been drinking, but I thought it was more from excitement at the time, as there was blood on her nose—she looked excited, but she identified the locket and chain.
GEORGE VALLON . I am a cooper, of Hatfield-street, Broad wall, and am a stranger to all parties—on 15th November, about twenty minutes to 1 in the morning, I was in Blackfriars-bridge-road, and turned up Stamford-street into Brunswick-street—I heard a female sing out "Stop thief!" "Police!" and saw the prisoner running—he stopped, walked by me, and then ran again—the prosecutrix came up bleeding from the side of her face and her mouth—I ran up to the prisoner, and he was stopped by two or three persons—the prosecutrix came up, but said she could not recognise him—I said, "If you cannot, I can" and took him by the neck—he then dropped a locket and chain into the policeman's hand—I did not lose sight of him.
Cross-examined. Q. How do you know the time so exactly? A. Because I had not been away from a public-house very long, and I heard half-past 12 strike by the Houses of Parliament—it was 25 minutes to 1, as nigh as I can recollect—Brunswick-street runs into Cross-street.
MR. WOOD. Were you sober? A. Perfectly.
FREDERICK SMITH . I am a printer, of 4, Granby-buildings—on this Tuesday morning, about twenty minutes to 1, I was with some friends—we left a coffee-shop in Black friars-road, and coming down Cross-street, we heard a cry of "Stop thief!" and saw the prisoner running, I ran and caught him in my arms.
FRANK BAILEY . I am a porter, of 9, Amelia-place, Wands worth-road—I was going down Cross-street, and heard a cry of "Stop thief!"—I saw the prisoner running, and I and Frederick Jones together stopped him—I saw the prosecutrix running, crying, "Stop thief!"—there was blood on her face—a policeman took the prisoner, and I saw him drop a locket into the policeman's hands—I took hold of his arms, and he scratched my wrist.
Cross-examined. Q. Did not the Magistrate say that you were not wanted here? A. Yes, but I received a paper to attend.
WILLIAM CASTLE . I am landlord of the Rising Sun, Blackfriars-road—on Tuesday morning, 15th November, the prosecutrix and prisoner came to my house—the prosecutrix had some refreshment—I saw nothing on her face, but her nose was scratched and her handkerchief was saturated with blood.
Cross-examined. Q. How long were they at your house? A. About ten minutes—the prosecutrix stood with her left side face to me—I did not see
the right side at all—I did not notice in what condition she was—I served her, but I cannot remember who called for the liquor, or who paid.
MR. WOOD. Q. You say you did not notice the wound on her face till you were at the station? A. I did not notice it at all—I only noticed the scratch, there was no blood from it—it was very slight indeed.
JURY to RICHARD HART. Q. Was the prisoner sober when you took him? A. He appeared so—he seemed agitated, but I could not say whether it was from drink.
The Prisoner received a good character—
NOT GUILTY .
MESSRS. RIBTON and LEWIS conducted the Prosecution, and MR. METCALFE the Defence.
WILLIAM BEATIE . I am assistant engineer to the locomotive department of the London and South Western railway—the prisoner has been in their employment, I think, nine years, as warehouseman in the locomotive department—his duties were to send goods to country stations—he got them from the general store department, on the authority of request-notes, which I signed—he would get the goods from the stores department, and send them—the request-note would be left at the stores department—a counterfoil is kept in the locomotive stores office.
Cross-examined. Q. You, giving out the order, keep the counterfoil, do you not? A. It is kept in my office—the request-note would be given to one of the porters at the general stores, who would deliver the goods—he would deliver it to the general stores warehouseman—on that note they would get the goods, and not without it—Mr. Stratton is the general stores keeper, all the orders sent to the stores would go to him—I believe he is here.
MR. RIBTON. Would the prisoner at all times have access to the request-note book? A. Yes.
MR. METCALFE. Q. Were was it? A. It lay on my desk—I had to sign all the orders—he could not get one of them without my signature or forging it.
JAMES CRAWFORD . I am manager of the locomotive department—I know a person named Springett, and I also know the prisoner—on 1st September, at 2 o'clock, or a little after, I saw Springett leaning across the window in the locomotive store, which is divided into two parts, one for carriages, and the other for locomotives—at that moment the prisoner came to me, and said, "Keep a look out at the store, see that nothing goes away without an order, I am going to the general store for something"—while I was speaking to Springett, the prisoner came in with a brown paper parcel, which he carried over to his own department, and I saw no more of either of them until I saw the parcel brought back again by Keats—I did not see Springett and the prisoner leave the office, because I had returned to my duties—they went to the part of the stores that Fuller had charge of, but I did not see them go out.
Cross-examined. Q. Had Fuller charge of the locomotive department? A. Of the carriage side, when the other servants were absent—on the same day when I was taken into the office by Keats, I saw a similar brown paper parcel to that brought in by Fuller—it was not at all unusual for him or warehousemen to have parcels, he had them every day—the parcel was
similar to one hundred others which he has had—when he goes to the general stores for packets of screws, or other articles, they are sometimes done up in blue and sometimes in green paper.
BENJAMIN KEATS . I am a detective, employed by the South Western Railway—on 1st September I saw Springett go in at the gate, on the locomotive side, about half-past 1 o'clock—I saw Springett drive a horse and cart away—he drove to Steward's-lane, Battersea, about a mile off, where Fuller lives—I saw him deliver the brown paper parcel—I took it from Fuller's wife—it contained 3 brushes and 1 piece of flannel, six feet long and eighteen inches wide—I took it into the department in which Fuller was, and asked him if he knew it—he looked at it, and said, "I do"—I said, "What does it contain?"—He said, "Some brushes and a piece of flannel"—I asked him where he got the brushes from—he said that he bought them—I said, "Where and when did you buy them?"—he made no answer—I asked him how he came by the flannel—he said that he had had it in his possession some time—on the same afternoon he said, "Osborne's man," meaning Springett, "sometimes buys brushes for me, and he bought them"—Mr. Osborne lives, I believe, in Skinner-street, Bishops-gate, quite the contrary direction from Fuller's house at Nine Elms, which is nearly a mile from the station—I afterwards got a policeman.
Cross-examined. Q. Who was present when you cross-examined this man? A. Several persons were in Mr. Beatie's offices—I told him I was employed by the Company, and he could please himself about what he said—I am not sworn in; I am not a policeman, I am a watchman.
JURY. Q. How did you follow Springett? A. I got near to where Fuller lived, and saw him drive by, and then had not far to follow him on foot.
JOHN MOUNTJOY (Policeman). On 1st September I accompanied Keats to Fuller's house—I got there about 4 or 5 o'clock—I waited about half an hour before Fuller came—I then told him he was charged with robbing the South Western Railway Company, and asked him whether he had any objection to my searching his house—he said he had not, but that the front room was a lodger's room, and was locked, and I could not be admitted—I asked him whether it was man and wife or a single man—he said he did not know—I asked him their name—he said he did not know—I asked him where they worked—he said he did not know—I said if he did not admit me into the room I should break the door open—he went down stairs, produced a key, and unlocked the door—I searched the room, and took possession of what I found in the house.
Cross-examined. Q. With the exception of this room, which he said was a lodger's, did he allow you to search at once? A. Yes; but very reluctantly—he said, "What are you tumbling over this for?" "What are you tumbling over that for? "What are you looking at that for?"
GEORGE EDWARD JAMES PERKINS KING . I am a brush manufacturer, in business with my son—we have supplied the London and South Western Railway Company with brushes for many years—this scrubbing-brush was made on my premises, and handed by me to the Company about nine months ago—I made none of this kind for any other person—one dozen out of twelve had a little error in cutting them, and this is one of those twelve.
Cross-examined. Q. Do you only speak to the scrubbing brush? A. Yes; the others are not my manufacture.
partnership with him, this scrubbing brush was supplied by us to the South Western Railway Company.
JOSEPH JEFFCOTT . I am a brush-maker, and supply the South Western Railway Company—these two stove brushes were made by me, and supplied to the Company direct—they are rather longer than are usually sold, as I made them to order for the Company, and no one else—I have not supplied anybody with the same sort.
Cross-examined. Q. Are you quite sure of that? A. Yes—I have supplied the Company for seven or eight years, and always with the same kind of stove-brush—I have not supplied them with some thousands, only about two and a half grosses of stove-brushes, but I am not the only brush-maker they have.
GUILTY.— Recommended to mercy by the Jury.—Judgment Respited.
Before Mr. Baron Bramwell
78. EDWARD JOHN HAMMOND (47), ELIZABETH ALLEN (40), and EMILY WAKEMAN (24), were indicted for unlawfully assaulting Rosalind Hammond, and injuriously and without her will imprisoning and detaining her for 120 days.
HAMMOND PLEADED GUILTY .— To enter into recognizances to appear and receive judgment. —MR. HUDDLESTON for the prosecution offered no evidence against
ALLEN and WAKEMAN— NOT GUILTY .
MR. STABLING conducted the Prosecution, MR. LANGFORD defended Cochlih, and MR. KEMP defended Linscott.
THOMAS HIND VARLEY . I reside in the Manor-road, Deptford—I have cause to remember Saturday night, 15th October—I was going through South wark-square, about a quarter to 8, on my way to the train, when I felt my neck encircled by the hands and arms of some one whom I never had the pleasure to see—I suffered a good deal of pain from being pressed so much—I tried to call out, but could not—I could see the persons walking to and fro in Southwark-bridge-road; there was plenty of light there, but where I was it was all dark, to the great discredit of the Board of Works—the railway works there have cut the square all out of shape—I lost my watch and chain, but I did not feel them taken; it was done very cleverly—I really do not know when I had last seen my watch safe—I suppose I had seen it since the morning, but I forget—there are so many clocks now that one does not look at one's watch so often—I know I had it—I rather think I must have been insensible towards the last, for they threw me down and I did not feel the fall—I did not see either of the prisoners—I could see nothing, it was too dark—all I saw was one man standing quite still in the middle of the road, looking at the operation.
RICHARD BRICK (Policeman, M 101). On the night of 2d November, I received a watch at a pawnbroker's in Trinity-street, Southwark, from a man named Gore—he said he got it from a man at a lodging-house in the
Mint—from what he told me, I came outside the shop, and he pointed out Linscott as the man he had it from to pledge—I said to Linscott, "Did you give this man a watch to go and pledge for you?"—he said, "Yes"—I said, "It is a stolen watch, and I shall take you to the station"—he said, "I bought it of Mike Cochlin"—I took him to the station, and went in search of Cochlin—I saw him about 12 o'clock night in the Mint—I said, "I want you, Cochlin, for stealing a watch"—he said, "What sort of a watch?"—I said, "A metal one"—he said, "Oh, I thought it was a silver one. You are going to shove something against me now"—I said, "No, I am not; there is a man at the station who says you sold it to him"—I took him to the station and showed him the watch—he said he knew nothing at all about it, he had never seen it—I then fetched Linscott from the cell—Cochlin was placed between seven other men, and Linscott identified him as the man he bought the watch of—Cochlin denied it—next morning, before the Magistrate Cochlin said, "Yes, I sold him the watch; I bought it of a man in the Cut. I gave three shillings for it on the Sunday morning, and I sold it to him on the Sunday afternoon"—I asked who the man was, and he could give me no account whatever of him.
Cross-examined by MR. KEMP. Q. Where did you get the watch from? A. From Mr. Thompson, the pawnbroker—he is not here—I know what it had been pledged for at a place previous to that—it was not pledged at Mr. Thompson's; he stopped it when it was offered in pledge—Linscott told me where it had been pledged before—he said he had just taken it out of pawn in order to raise more money on it.
Cross-examined by MR. LANGFORD. Q. It is an old-fashioned metal watch, is it not? A. Yes.
THOMAS REED . I am assistant to Mr. Hastings, a pawnbroker, of 190, Union-street, Borough—this watch was pledged with me on 18th October, for two shillings, in the name of Linscott, by a man whom I could not recognise—I was not present when it was redeemed.
The prisoners' statements before the Magistrate:—Linscott says, "I bought the watch of Cochlin on the Sunday, and on the following Monday I pawn it for two shilling, because I wanted money. I afterwards Asked Gore to pawn it for me in Trinity-stret, to get a trifle more for it. I am a hard-working lad, and can call witnesses to my character."
Cochlin says, "I bought the watch on Sunday morning, and sold it to Linscott in the afternoon."
LINSCOTT— NOT GUILTY .
COCHLIN— GUILTY .
COCHLIN also PLEADED GUILTY to a previous conviction; and several convictions were proved against him.— Ten Years' Penal Servitude.
MR. HOUSTON conducted the Prosecution, and MR. MONTAGUE WILLIAMS
JOHN SMITH . I am a corn-dealer, of 4, Kennington-lane—I have known the prisoner about four or five years—I have had business transactions with him a good deal in that time—I have discounted bills—in August last, he brought me this bill (this was a bill for 01. 7s. at two month, drawn by the prisoner, and accepted by John Gibson, Ely-place, Dulwich)—he brought it, and had the money for it—nothing particular was said about it—I have made inquiries about Dulwich, and neither place or name is known.
Cross-examined. Q. Do you know the prisoner's uncle? A. I do—the business went in the prisoner's name—I don't know who was the master—I don't know whether the uncle was the head of the concern, or not—the prisoner's name was over the door—they seemed to go as co-partners—I know the uncle's writing, so far as his signature goes—I don't think the words, "Accepted; payable at Mr. Smith's, 4, Kennington-lane," are his writing—I should not like to say it is not—the endorsement, "T. Payne," is his—I do not know where the uncle is now—I am informed he is out of the way on account of these charges of forgery—I have been all over Dulwich to find Mr. Gibson; I went to the best authorities—I gave money for the bill—I don't think it was the renewal of an old one—I cannot say it was not, because the accounts have been so mixed up.
The prisoner received a good character.—
NOT GUILTY .
THOMAS LEWIS . I am a coach-maker, of High-street, Clapham—I know the prisoner—I have had transactions with him, in cashing bills for him—on 3d September last, he brought me this bill for 14l. 1s. (this was drawn by the prisoner, and accepted by J. Fowler, South-place, Norwood)—I discounted the bill, and gave the prisoner a cheque for the amount—I have made inquiries for Fowler, and cannot find him, or hear of him—the bill is endorsed by the prisoner—I had repeated communications with him after this, daily—I have forty of his bills—I charged him with forging this bill—he said his uncle did it, or his uncle brought him into it.
Cross-examined. Q. Was not what he said, if anybody was to blame it was his uncle? A. No; I think not—he said his uncle brought him into it—the prisoner had all the money of me—I know the uncle very well indeed—I have discounted freely for him; I should like to know where he is—I have thirty-six bills here which I have discounted for the prisoner, and I cannot find one of the acceptors.
JURY. Q. Did you discount any of them for the uncle? A. Perhaps two, not more—I did not understand that any partnership existed between the prisoner and his uncle—the uncle lived at the same address, Stockwell-common.
NOT GUILTY .
JOHN SMITH . I am a corn-dealer, of 4, Kennington-lane—I have been in the habit of discounting bills for the prisoner for the last four or five years—on 3d September I discounted a bill for 8l. 15s., drawn by him on William Allcroft, builder, Dulwich—I asked him, at the time, whereabouts in Dulwich the man resided, and he told me next to the Rosendale, alongside the
cemetery—I have made inquiries, and cannot find any person of that name—I have twenty-one other bills which I discounted for the prisoner—I have made inquiries as to the acceptors of those ills, band out of eighteen inquiries I cannot find the acceptor, and, in some cases, not even the drawer.
Cross-examined. Q. Did you discount the bill in question? A. In this way, several bills were due on that day, and he brought me this bill with some money, and I took the money and the bill together.
JOHN POPE (Policeman). I have made inquiries for Allcroft at the Rosendale, and every part of Dulwich, and cannot find any such person—I have also made inquires with respect to another bill of Mr. Smith's, and could not find either person or place.
NOT GUILTY .
There were three other indictments against the prisoner for like offences, upon which no evidence was offered.
ADJOURNED TO MONDAY, DECEMBER 12TH, 1864.