CENTRAL CRIMINAL COURT
SECOND SESSION, HELD DECEMBBR 12TH, 1864.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court.
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE,
REVISED AND EDITED BY
ROBERT ORRIDGE, ESQ.
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers to the Queen's Most Excellent Majesty.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, December 12th, 1864, and following days.
BEFORE THE RIGHT HON. WARREN STORMES HALE, LORD MAYOR of the City of London; Sir GILLERY PIGOTT, Knt., one of the Barous of Her Majesty's Court of Exchequer; THOMAS CHALLIS , Esq.; THOMAS QUESTED FINNIS, Esq.; and Sir ROBERT WALTER CARDEN, Knt., Aldermen of the said City; RUSSELL GURNET, Esq., Q.C., Recorder of the said City; BENJAMIN SAMUEL PHILLIPS , Esq.; THOMAS GABRIEL, Esq.; JAMES ABBISS, Esq.; SILLS JOHN GIBBONS, Esq.; and ANDREW LUSK, Esq., Aldermen of the said City; and THOMAS CHAMBERS , Esq., Q.C., Common Serjeant of the said City; 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. SECOND SESSION.
A star (*) denotes that prisoners haw been, previously in custody—two start (**) that they have been more than once in custody—an obelisk (†) thas 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, December 12th, 1864.
Before Mr. Recorder.
MR. F. H. LEWIS conducted the Prosecution, and MR. PATER the Defence. GEORGE LERIGO. I am second usher at the Clerkenwell Police-court—I administered the oath to the prisoner on-a charge against a person of the name of Hoare, who was then in custody on a charge of stealing a shovel—the oath was administered in the usual form, in the Magistrate's presence.
Cross-examined. Q. Were you present when the charge was heard? A. Yes—it was dismissed.
MR. LEWIS. Q. Have you the notes here? A. Yes—I know the writing of Mr. Alexander, the clerk—this is his book—he gave it to me (Read by consent: "William Lovelock, of 1, George's-place. I was passing by the house where the prisoner was working. I saw him throw out from the area on to the level of the backyard, the shovel I took it up, and said, 'Whose is this? He said, 'Mine.' I said, 'Well, I think I can take it to the man it belongs to;' and he said, 'If you do, you will get your head punched. 'It was a quarter to 7 this morning exactly, because the new market-clock went the three quarters past 6.")
JAMES HOARE . I live at 1, Upper Cottenham-road, Hornsey-road, and am a bricklayer—I was taken into custody on 21st October, for stealing a shovel—I heard the prisoner examined against me—I did not take this shovel—I was never there—I did not have the conversation alleged to have taken place between me and the prisoner, nor any portion of it—I was not at that place at a quarter to 7—I was not in the area at all that day—the first time I saw the prisoner on that day was about half-past 9, or a quarter to 10, when I was taken into custody—he knew me perfectly well.
Cross-examined. Q. You knew him by sight as well as he knew you? A. Yes—I have had conversation with him, but not on that day—I have frequently seen him before—I was not at this time engaged on the buildings that were being run up; I had finished my job on the Tuesday before—my
job was not near the building which the defendant alluded to on the 21st; my job laid something like 400 or 500 yards off where I live, on my own ground—that was not a job under the same contractor, or the same superintendent—they were Mr. Hammond's buildings—I was engaged to do the brickwork—Mr. Davis is the confidential man—Mr. Hammond is a watch-maker—I was not near this area on this morning—I was never away from my own ground till after 8 o'clock, when I went with my landlord to order some lime—at a quarter to 7 that morning, I was talking to my landlord on the ground at the back of his own house—I remained there talking to him until about a quarter or twenty minutes pas 7, when I went in-doors, and there I remained till my landlord called me to go after the lime, about a quarter or twenty minutes after 8—I then went out with my landlord in his horse and cart—he lives two doors from me—he stood at the front-door with it, and I got in, and rode away with him to order the lime—I was out of employment on 21st October—I was doing nothing—I had left Mr. Hammond's job on the Tuesday before—I had not been engaged on any work since, only at my own house, where I had the building for my landlord, Mr. Skrines, that morning—I was not doing any work, my men were getting the ground out—I have a horse and cart; I had two—I have a bill of sale on one, and have had for eighteen months—that was executed to a gentleman in Dorset-square, not Mr. Skrines—Mr. Skrines's name is on the cart—I don't know whether it has been on the cart since the last Session—he bought the cart last summer—I don't know that I am very intimate with my landlord—I have what I work for, that is all—I never was off the ground at all till I went with my landlord.
MR. LEWIS. Q. Were you present when your son gave evidence against the prisoner on a charge of assault? A. Yes, and the prisoner had a month for it.
COURT. Q. To whom did you part with the cart under the bill of sale? A. To a man named Hunt—the one that had Mr. Skrines's name on it was another cart that he bought of Mr. Stride—the bill of sale is still on my cart and the scaffolding.
GEORGE SMITH . I am a labourer, of 2, Alfred-place, Hornsey-road—on the morning of 21st October—I was at work at the same building where Mr. Hoare had been working—I went to work at ten minutes before 6—I was working a heap of ballast from 6 to 8—I then had my breakfast—from that heap of ballast I had a complete view of the area—I must have seen Hoare or any one else that came there—I did not see him there—I was a witness for him that same day—I gave evidence before the Magistrate.
Cross-examined. Q. Were you engaged in throwing the ballast on the heap? A. I was sifting it—I could see all around—my attention was engaged with my work.
COURT. Q. Did you see the prisoner there at all? A. No—I was within ten yards of the area—I heard no conversation about a shovel at that time, I heard a talk about it afterwards—after 8 o'clock, after breakfast.
JOSEPH SKRINES . I am a drysalter—the prosecutor is a tenant of mine—I recollect the 21st of October—I was with the prosecutor on that morning—about a quarter-past 6 I was out in the field with him at the back of my house, conversing with him with respect to the lime we wanted for the buildings now going on—I was with him up to half-past 7—he then went in-doors—I saw him to his door—he was in-doors about twenty minutes or half an hour—he then went with me down to Maiden-lane, in reference to the lime—I left him about a quarter-past 9—I know the area that has been
spoken of—he could not have been there, without he went there from the time he left me—he was not there from a quarter-past 6 till half-past 7, because I never left him during that time—I gave evidence for him before the Magistrate on the last occasion, but not when he was taken into custody.
Cross-examined. Q. You never gave evidence for Hoare at all? A. No—I gave evidence on the charge of perjury—I was in the field with him at a quarter-past 6, and left him at half-past 7—I was with him again within half an hour—we got into the cart about 8, and went to Maiden-lane—I won't say whether it had gone 8 or not—I know there were not five minutes either way—I have a certain time at which I get to my warehouse at Hoxton—I took no particular notice of the time besides that.
MR. LEWIS. Q. Are you certain that what you have been deposing to was with reference to the 21st October? A. Yes; I am certain of that, on account of going to Maiden-lane about the time; and when I came home, I heard he bad been given in custody.
JOSEPH TAYLOR (Policeman, N 101). I bad a summons to serve on the defendant on this charge—I went to No. 1, George's-place, Holloway—he did not live there—he did not attend to the summons—I took him on a warrant—I then pointed out the house to him as we passed, and said I had left the summons there—he said he had never lived there—I apprehended him at the Prince Alfred, at the top of Cottenham-road.
Gross-examined. Q. Was his father with him when you apprehended him? A. There was a man with him—I don't know whether it was his father—I believe not—the prisoner pointed out the place where he did live, against the Queen, in Albany-place, Hornsey-road.
MR. PATER called the following witnesses for the Defence:—
GEORGE BRACEY . I live at 47, Cottenham-road, Hornsey-road—I am a labourer—on 21st December last, I saw Hoare in the back area of the end house of a row of three buildings—I saw him throw out a shovel and some other things—at that time, the prosecutor was coming from behind the Union wall—I did not know the shovel—I heard Lovelock say, "This shovel don't belong to you"—Hoare said, "Yes, it does"—Lovelock said, "I don't think it does; I shall take the shovel, and chance it; I think it belongs to a mate of mine"—there were some words passed, and Hoare said to the prisoner he would punch his b——head if he did—I saw Lovelock take away the shovel—I went on with my work—I was engaged to work at Mr. Petley's that morning—I did not start for work that morning till after breakfast, half-past 8—I can't tell" exactly what time it was that I saw the defendant speaking with Hoare about this shovel—it wanted about a quarter or ten minutes to 7.
Cross-examined. Q. Did you see George Smith there? A. Yes—I did not see him at work—he was against a ballast-heap—he was about one hundred yards from the area, as near as I could judge—I can't exactly say whether it was more than ten or twelve yards from the area—I can't swear it; it might be that—I will not swear it was more—if Smith had only been ten yards off he might have heard it, if he was listening—I heard of Hoare being in custody about 10 o'clock—I did not go before the Magistrate to give evidence—I heard that the charge was dismissed—the prisoner told me so; and he said it was for perjury next time—I did not know where he was living at that time—I heard of his being taken up for perjury—I went to the Police-court, but they never had me in, the Magistrate would
not hear me—I went into the witness-room, but never went in—I know Hoare.
HENRY MILLS . I am a labourer, of 47, Andover-road, Hornsey-road—on 21st October, about a quarter or twenty minutes to 8, I saw the defendant—he brought a shovel to me—I identified it as mine—I had seen it the night before—I had used it at half-pant 5, and put it away.
SARAH PETLEY . I am the wife of Robert Petley, builder, of Hanley-road West—I remember Friday morning, I think, 21st October—when I was opening the shutters, I saw Hoare passing at the time—I can't say the time positively—I can't say whether it was a little before 7 or a little after; it had not gone the quarter.
Cross-examined. Q. When was your attention first directed to the date? A. Mr. Petley came in on the same Friday morning with Mr. Blane, and asked if I had seen him—they were talking about Hoare being locked up, and that he said he had not been out of the house; and I said, "Well, certainly he had, for I saw him passing when I opened my shutters—I did not hear that the case against Hoare was dismissed—I heard of the charge of perjury afterwards—I attended, but was not heard—I know nothing of my husband being charged in connexion with Lovelock with assaulting the police—I know nothing at all of it—I consider it has nothing to do with this case—I have not come here upon that case—if I was to say the truth, I believe he was taken up on that charge—I don't know that he was taken up in connexion with Lovelock—I don't say anything about it—I don't come here on that.
THOMAS DIXON . I am a builder, of 55, Hanley-road West—on 21st October, I saw Hoare at something near 7 o'clock in the morning come from Mr. Hammond's building—I could not say the time to a minute or two either way—I was not a witness before the Magistrate—I have been subpœnaed here to-day.
Cross-examined. Q. When was your attention first called to the date of 21st October? A. The witness Blane and Mr. Petley spoke to me about the affair after Hoare was taken, on that same day—I said then that, to the best of my knowledge, I saw Hoare there that morning, but I would not positively swear.
GEORGE BLANE . I live at 37, Durham-road, Holloway, and am foreman to Mr. Rowe, the contractor—on 21st October, I was engaged superintending the construction of the new sewer in the neighbourhood of Hornsey—I remember seeing Hoare that morning, coming up the Hanley-road West, at something like a quarter to 7—it had not struck 7—he bade me good morning—I saw him cross over the road to the back part of the premises from which the shovel is said to have been taken—the sewer I was laying down was for the drainage of the new property—I know Hoare by seeing him at work on the same building (looking at him)—that is the man.
Cross-examined. Q. You are quite certain of that? A. Quite certain—I never had the question put to me before—I never said to Hoare in the presence of a person named Allison, that I knew nothing at all about the transaction—I never saw Hoare and Allison together—I know Allison—I know Petley—I don't know Lovelock; he is not a friend of mine, nor is Petley—I have had some conversation with Petley about this matter, because I was acquainted with the fact that he was locked up, that is all—I have had no conversation with Mr. and Mrs. Petley about it, only when I was at the police-court—I did not speak to Mrs. Petley on 21st October—I did not see her on that day that I am aware of—I saw Petley, and spoke to
him, merely passing the compliments of the day—I was not at his house on 21st October—I swear that; I cannot be mistaken about it—I recollect having seen Hoare as soon as I heard of the charge against him; I did not know when the case was coming on—I did not go up—I heard it was dismissed—I had no conversation with Lovelock after it was dismissed—I heard that he was prosecuted for perjury—I attended at the police-court, but was not called in.
MR. PATER. Q. Is there any pretence for suggesting that you ever stated that you knew nothing about having seen Hoare on the morning of 21st October? A. No; I never expressed a doubt as to the date; I am satisfied of it, and could describe the dress he wore—it was the only time I ever saw him in a dark jacket and a hat—previous to that I had seen him in a working dress and a cap.
GUILTY.—Recommended to Mercy. — Confined Nine Months.
MR. PATER conducted the Prosecution, and MR. RIBTON the Defence.
MARY ANN GILBERT . I live with my husband at the prosecutor's premises, 3, Moor-lane—on Sunday evening, 20th November, between 8 and 9, I heard a noise—I went to my room door, and called out, "George," who is the prosecutor's son—I received no answer, and went to the front-room window, and raised an alarm—I heard footsteps on the stairs of the house.
Cross-examined. Q. Are there any lodgers in the house? A. No; no one but myself and my husband—we live on the first floor—there is a floor above—one room is a bedroom, where the prosecutor's son sleeps, and the other is a machine-room—the prosecutor's son came home about half-past 11—this was between quarter to 8 and 8 o'clock—the lower part of the house is used as a warehouse—there is a street door—that is not left open on a Sunday—I had been down that day about the house; I had not been in the shops—there is a door to each shop from a passage—there is no door from the shops into the street—the street door leads into the passage, and then then there are two doors into the front and back warehouse—I only went into the warehouse once a week to pay my rent—I have been there about eleven weeks—there is no kitchen to the house—only a back ware-house.
JOHN FOWLER . I am the prosecutor—the warehouse, 3, Moor-lane, is mine—on night of 20th November, in consequence of information I received, I went there; I found a policeman in charge, and found some boots and shoes had been moved from one warehouse to the other—there were four pairs of boots, one pair of shoes, an odd Napoleon, and an odd boot—they had been taken from the back warehouse to the front—I assisted to search the premises, and on an adjoining roof I found the prisoner lying down—when I brought him to the light, I knew him—he was in my service about four or five years ago, for about nine or ten months I think—I saw a key that was found on the roof by the policeman—I did not try the key.
Cross-examined. Q. Were you last in the shop that night? A. On the Saturday night I was—I closed about half past 8—my son had been serving in the warehouse with me that day—several work-people came there with work—no one was there after half-past 7 or quarter to 8—some of them brought work with them—that work had not been moved—it was in the front warehouse—my son is here—I left the key in the front warehouse-door
on the Saturday night, because I went out at the back—the key was inside.
GEORGE FOWLER I am the son of the last witness—I slept at the ware-house, 3, Moor-lane—I went out on Sunday, 20th November, and on my return I found the place had been broken into—on the next morning, I went to the adjoining roof, where the prisoner was apprehended, and found three street-door keys, all of which open our front door—the street door—they were tried by the officer in my presence—I had occasion to go into the ware-house on the Sunday evening, and I left at ten minutes past 6—the premises were all safe then.
Cross-examined. Q. Were you in there after your father left on the Saturday night? A. No; I left before he closed—I went into the warehouse on the Sunday to fetch a parcel out, which I wished to take with me—I went into the front warehouse to turn the gas on, and into the back to fetch the parcel.
WILLIAM ARTHUR EADE (City-policeman, 146). From information I received, I went to this warehouse, 3, Moor-lane—I found that the front ware-house door from the passage had been forced open—I went in, and found some boots lying about the floor—I afterwards went and found the back warehouse door open—that leads to the same passage—I examined the back yard, but found nothing—I afterwards proceeded to the adjoining roof with Mr. Fowler, and the prisoner was given into my custody by him; as I was getting up the wall—I took him to the station, searched him, and found three halfpence, this bag, and a key which fits the doors of the warehouse—these keys, which were found on the roof, fit the street door—both warehouse doors were open—one was broken open.
Cross-examined. Q. You did not find the prisoner on the roof yourself, then? A. No; I was close to it; that roof joins the premises—it is a shed projecting from the bedroom window on to the adjoining premises—the ad-joining house is a beershop—there is a wall about eighteen feet high, from one court to the other, between the premises of the prosecutor and the beer-shop—the bedroom window is only a small distance from the wall—there was another man charged in the first instance.
GUILTY .— Confined Twelve Months.
MR. BESLEY conducted the Prosecution.
GEORGE FREDERICK PROSSER . I am shopman in the service of Mr. Charles Hibberd, of Ludgate-hill—Latham was a printer in his service, and had permission to occupy a room at the top of the house—Neville was an errand boy in the same service—two or three months ago a patent-lock was put on the shop door—it was my duty to lock up the premises, and take the key—on 22d November, just previous to closing, about five or ten minutes to 8, I noticed Neville take a box up stairs—there seemed to be something in it and that made me suspicious—I believe Latham followed the boy up—the shop was closed about twenty minutes after 8—I left the premises in company with Neville, and parted with him at Farringdon-street—he had nothing with him then—from seven to ten minutes afterwards, I returned to Ludgate-hill, and saw Neville come out of the premises with a
parcel on his shoulder—Latham came out directly afterwards—the boy Neville crossed over to the right-hand side, and Latham walked on the same side as the shop—I followed Neville about 150 yards, and then asked him what he had in the parcel—he said it belonged to the printer—I asked him what it contained—he said he did not know; he was going to meet the printer with it—I asked him where he was going to take it to—he said he did not know, but I could call the printer across, and speak to him, as he was on the opposite of the road—I said I bad no wish to do that; if it was the printer's property, I had no wish to interfere with it—after that I saw Latham cross the road, and touch Neville on the shoulder—they spoke to each other—Neville went down Creed-lane with the parcel—Latham stood at the corner of Creed-lane with his hands in his pockets—I said to him as I passed, "Good night, printer," and he said, "Oh, good night!"—he then crossed over, and went down Ave Maria-lane—I went down Creed-lane after the boy, and asked him again what he had got in the parcel—he said he did not know; it belonged to the printer, and the printer had promised to meet him—I said, "That will not do for me; I must see what is in it"—I tore the side of the parcel, and saw it was paper—I told him to bring it back again to the shop; not being able to get into the shop, on account of the printer having the key of the outside door, I left the paper opposite—I communicated with Mr. Hibberd that night—I let the boy go then.
Latham. Q. You never saw me in possession of the parcel? A. No; the parcel must have come out of your room—there is no other room in the house where the parcel could have been stowed away without my knowledge—you are the only printer in Mr. Hibberd's employ.
CHARLES HIBBERD . I am a stationer and printer at 41, Ludgate-hill—neither of the prisoners had any authority to carry off any paper from my premises without permission—I had a communication from the last witness on the evening of 22d, and on the following morning I saw the prisoners—I also saw this parcel (produced)—there is about 35 lbs. weight of paper; it is worth about 1l. 3s. 4d., and is my property—I asked Latham what explanation he had to make in reference to this matter—he said, "I must plead guilty to it. I am very sorry I have done it, and I hope you will have mercy upon me for the sake of my wife and children"—I afterwards called in a policeman, and then asked him where he took the paper from—he said, "I will show you," and he led me and the policeman back to the warehouse, pointed out a shelf, and said, "I have taken a lot of remnants from there"—I gave him into custody, went to the police-station, and found Neville in custody—I had a very good character with Neville when he came into my employ.
JOB GATES (City-policeman 357). I was called in by Mr. Hibberd, and took Latham into custody—we met Neville in Fleet-street, and I told him to follow me to the station-house—when there, Neville said that Latham had offered him some halfpence if he would take a parcel away for him, and he went up Ludgate-hill, on the left-hand side, as far as Creed-lane, seeing the first witness speaking to Latham, he turned down Creed-lane—and Latham went up Ave Maria-lane—Latham did not say anything to that—Neville did not say where he was to take the parcel to.
The Prisoners' statements before the Magistrate:—Neville says, "I never done anything before in my life time, it was not my fault." Latham says, "It is my first offence." Neville's Defence. I wish to ask my master to have mercy upon me, it
was not ray fault, Latham engaged me to do it; it never entered my head to do such a thing until he offered me ha'pence to do it.
Latham's Defence. There was nothing mentioned about ha'pence, neither did I employ him; he knows that as well as I do.
GUILTY .— The Jury and Prosecutor recommended NEVILLE to mercy, believing him to be the dupe of the elder prisoner. Confined Fourteen Days'. LATHAM, Five Years' Penal Servitude.
THOMAS SMITH . I am a market gardener, and live at West-street, New Charlton—on 26th November I bought two saddles of mutton of Mr. Salisbury, of Newgate market—I afterwards saw the prisoner, who is one of the meat porters, and asked him to go to Mr. Salisbury's, fetch the two saddles of mutton, and take them to my cart—I afterwards went to my cart, waited about half an hour, found they did not come, and went back to Mr. Salisbury's shop—I spoke to Ripley the salesman, and then went with him in search of the prisoner—after looking about for an hour and a half I saw him in Warwick-lane, Newgate-street—I asked him what he had done with the chines of mutton I had sent him for—he said he knew nothing at all about it—I said, "You do, I sent you for them half an hour ago," and Ripley, who was with me, said he had been to him and asked him for the meat, and said he had come from Mr. Smith, of Woolwich—the prisoner said he knew nothing at all about, it, he had not fetched them—I said if he did not tell me what he had done with them, I should give him in charge—when he got to the station, he said, "I quite admit that you sent me for them, I went to two shops after them, but could not find them. "
Prisoner. I did not say any such thing.
ROBERT WILLIAM RIPLEY . I am salesman to Mr. Salisbury, of New-gate market—about 1 or 2 o'clock on 26th November, I saw the prisoner—he came and asked me for two saddles of mutton, for Smith, of Woolwich—I asked him several times who Smith of Woolwich was—he said it was quite right, he was sent by Mr. Smith himself—I delivered two saddles of mutton to him, and placed them on his shoulder—I had seen him before—I knew him by sight in the market—I am quite certain he is the person who came.
Prisoner's defence. I did not go there at all—I am not guilty of it.
GUILTY .*— Confined Twelve Months.
The following prisoners PLEADED GUILTY.—
89. SEWELL MAILLARD (40) , to Feloniously marrying Elizabeth Green, his wife Frances being alive. [Pleaded guilty: See original trial image.] He received a good character, and was strongly recommended to mercy by the second wife.— Confined Eighteen Months.
92. MARY JONES (36), SARAH BROWN (22), and EMMA WRENN (26) , to unlawfully committing damage to three panes of glass, value 15l., the property of Robert Rough. JONES *— Confined Twelve Months. BROWN and WRENN— Confined Six Months' each. [Pleaded guilty: See original trial image.] And
NEW COURT.—Monday, December 12th, 1864.
Before Mr. Common Serjeant.
MR. CRAUFURD conducted the Prosecution.
JAMES BRANNAN . I am employed by the Mint, to look after persons engaged in coining—on 2d December, about half-past 4 in the afternoon I was in the Strand, opposite Somerset House, with Sergeant Ackrill, Inspector Brannan, and several other officers—I saw the prisoner pass by and called attention to him—we followed him about 40 paces, and I then instructed Ackrill to stop him—he did so, and I said, "Well, Mr. Davis," calling him by the name I knew him by, "you are suspected of having counterfeit coin in your possession, what have you got about you?"—he said, "Nothing, sir,"—at that time he attempted to put his left hand in his left-hand coat pocket—Ackrill seized the hand—I put my band in the pocket, and found these two packets (produced), wrapped up in one—one contained 9 counterfeit half-crowns, and the other 3 counterfeit florins—I opened them in the prisoner's presence and said, "They are bad,"—he said, "Oh"—when at the station I asked him his name—he said "Humphery," and refused his address—I knew his name was not Humphery.
GUILTY .—He was further charged with having been before convicted of uttering counterfeit coin, at this Court, in April, 1862, in the name of John Davis, sentence Nine Months, to which he PLEADED GUILTY.*— Five Years Penal Servitude.
MESSRS. CRAUFURD and M. J. O'CONNELL conducted the Prosecution.
MARY BULLOCK . I am the wife of Frederick Bullock, who keeps the Wiltshire Brewery public-house, 14, Upper Seymour-street, Chelsea—on 20th October, the prisoners came there and asked for a pint of the best half-and-half and a biscuit, that came to 4d.—Watts gave me a bad halfcrown—I took it up, told them it was bad, and that I had taken so many that I should not serve them—Watts then put down a good florin—I said I should not serve them under any circumstances as I had taken so many bad halfcrowns—I made a mark on the bad halfcrown they had given me and detained it—they both asked me for it back or a piece of—it Mr. Bullock then came out and said if they were not off he would have them locked up—and they said they would have me locked up if I did not give the halfcrown up—I afterward gave it to Inspector Olden—this is it (produced)—I am confident the prisoners are the persons.
the two prisoners coming in, and a bad halfcrown being passed—I am sure the prisoners are the women.
JANE DAVIS . I am assistant to Mr. Guest, a draper, in the Fulham-road—on 29th October Watts came in and bought a pair of socks or gaiters for 63/4d.—she gave me a 5s. piece—I took it to Mr. Guest—he came in and told her it was bad—she said she had it in change for a sovereign of her husband—she was detained and given into custody—about an hour afterwards Davis came in for a pair of socks, price 33/4d.—she gave a halfcrown in payment—I took it to the desk for change and Mr. Guest came and told her it was a bad one—she was also given into custody.
JOHN GUEST . I keep a draper's shop at Fulham—I received a five shilling-piece from the last witness on 29th—I came into the shop, and saw Watt's—I afterwards gave the five shilling-piece to the policeman—I also received a half-crown about an hour afterwards, and gave that to a constable.
WILLIAM MACKENZIE (Policeman, B 66). I received charge of Watts from Mr. Guest, on 29th October, with this counterfeit crown-piece (produced)—she gave an address, 5, Vollant-street, Lambeth—I have made inquiries, and find there is no such person known—fivepence halfpenny was found upon her.
WILLIAM JAMES (Police-inspector, B). I took Davis, and received this half-crown (produced) from Mr. Guest—Davis refused her address—she said her husband had given her two half-crown pieces—one she had spent, and the other she did not know was bad—three halfpence was found upon her—I received another half-crown (produced) from Mr. Bullock, on 2d November.
Davis' Defence. Do you think it feasible that I should go into the shop after I knew this woman had been in, and been taken into custody?
GUILTY .—They were both further charged with having been before convicted of uttering, at this Court; Watts in July, 1861, in the name of Margaret Wilson, sentence eighteen months' imprisonment, and Davie, in November, 1863, in the name of Margaret Price, sentence nine months, to which they PLEADED GUILTY.—WATTS— Five Years' Penal Servitude. DAVIS— Confined Eighteen Months.
MESSRS. CRAUFURD and O'CONNELL conducted the Prosecution.
JENS PETER MOLLER . I keep a shop in the Minories—on 15th November, about a quarter-past 1, the prisoner came in and asked the price of a small thermometer—I told him 1s. 6d.—I gave it him, and he gave me a bad crown—I saw it was bad directly, but to be quite sure, I put it in my vice and bent it—I jumped over the counter, collared him, and told him it was)ad—he said he never gave me a five shilling-piece, and then he offered me a good sixpence to square the matter with me—I gave him and the crown into the charge of City-policeman 590.
Prisoner. The prosecutor cannot hear; I offered the sixpence as a deposit, uutil I should return for the thermometer.
EDWIN CABSONS. (City-policeman, 590). I was sent for to Mr. Moller's shop on 15th November, and the prisoner was given into my charge for passing a bad crown—he told me he had taken it when he was drunk the night previous in a deal he had with a man—he was not aware he had it—he took a sixpence off the counter, and put it in his pocket—I afterwards took it from him, and three farthings—he gave his address, Kent and Surrey
Coffee-house in the Borough—I went there, but they knew nothing of him—I did not hear him make any statement after I gave my evidence before the Magistrate.
MARY THOMAS . I am the daughter of John Alexis Thomas, who keeps a hatter's shop in Courtnay-terrace, Kingsland—on 22d September, the prisoner came into the shop, and asked for a cap, price a shilling—he gave me a half-crown—I called for change, my father came into the shop, and I gave it to him.
Prisoner. Q. Did not you give it to your brother? A. No; I called him, but I gave it to my father.
JOHN ALEXIS THOMAS . I am the father of the last witness—I remember her handing me a half-crown on 22d September, and saying the prisoner had given it to her—I asked the prisoner his name, and where he came from—I think he gave the name of Edwards, and said he came from Whitechapel—I said, "This coin is bad; it is about the third I have taken lately, and you don't go"—he said he had taken it in a deal—I sent for a police-man, and gave him into custody.
Prisoner. Q. Did you set any mark on the coin? A. No; I held it in my hand till the policeman came, and then gave it to him—I did not see the coin after that.
JAMES RAINBIRD (Policeman, A 176). I received charge of the prisoner at Mr. Thomas's shop, on 22d September, for uttering a bad half-crown—Mr. Thomas gave me this half-crown—the prisoner was taken to Worship-street police-court, remanded until the 27th, and then discharged—he gave the name of George Painter, Whitechapel—he said he had no fixed address.
Prisoner. Q. Did not you take a hospital letter from me? A. Yes; the address on that was Flower and Dean-street—I could find nothing about you there—I found two begging-letters on you.
Prisoner's Defence. I have been ill a long time at the London Hospital; I got the crown from a young man I played at bagatelle with; I did not know it was bad; I left the sixpence as a deposit for the thermometer; I never attempted to get away.
PLEADED GUILTY.— Seven Years' Penal Servitude.
MESSRS. CRAUFURD and O'CONNELL conducted the Prosecution.
MARIA WILSON . I am the wife of Joseph Wilson, who keeps the Anchor beer-house, Crisp-street, Poplar—on Friday night, 18th November, the prisoner came and gave me a bad sixpence—I told him it was bad, gave it to my husband, and saw him give it to the constable—my husband asked him where he got it—he said that he did not know—I had served him with half a pint of beer on the Tuesday before, and he gave me a bad sixpence—I found it was bad directly he had gone, and put it in a work-box by itself—I afterwards gave it to Cliffe, the constable.
JOSEPH WILSON . On 18th November, I came out of my parlour, and saw the prisoner and my wife looking at a sixpence—she gave it to me, and asked me whether it was good, and said, in the prisoner's hearing, "This is the young man that passed one last Tuesday"—he said nothing—I asked him where he got the sixpence—he said that he did not know—I asked
him where he lived—he said "At Hackney"—I asked him what brought him to Bromley—he said, "To see a friend"—I asked him the name of the friend—he said that he did not know, but he was to meet him at a public-house round the corner—I gave the sixpence to the constable.
THOMAS CLIFFE (Policeman, K 355) I was called to the Anchor, and the prisoner was given into my custody with this sixpence, which the prosecutor said the prisoner had passed—I asked the prisoner where he got it—he said that he did not know—I afterwards received another sixpence from Mrs. Wilson.
WILLIAM WEBSTER . These are two medals filed down on the reverse side, and silvered over so as to represent sixpences—they are just the size of a sixpence, and have a knerled edge—the colour would be the same, but the silver is worn off—they have the Queen's head upon them, but not the legend.
GUILTY .— Confined Nine Months.
MR. GENT conducted the Prosecution, and MR. RIBTON the Defence.
JOHN REYNOLDS . I am a barman, at 29, Cambridge-street, Euston-road—on 27th November, about 9 o'clock, I was at the Crown and Hand, at the corner of Arthur-street, New Oxford-street, with my brother-in-law and his wife and my wife—we took some refreshment, and remained seven or eight minutes—the prisoners came into another compartment, and they both asked me to treat them three or four times, but I refused—when we left they came out by the other door which we had to pass to go home, and Sullivan struck me on the side of the head, and knocked my hat off—he did not speak—he struck my brother, and then Donovan struck my brother, and Sullivan struck my wife twice on the breast, and knocked her down—nothing was said—my wife and another witness went for a constable—we were knocked down, and picked up again near Bloomsbury-street—Donovan afterwards caught hold of me, and I caught hold of his neck-handkerchief, and gave him in charge for an assault, as I did not know that he had taken my watch—the policeman said, "Loose him"—I did so, and saw a piece of my gold chain hanging from my waistcoat—I took hold of Donovan again, and saw a piece of my watch in his left hand—I got my fingers between his, and took the watch from him—I cannot tell where Sullivan was then—I did not see him again till I went to the station, half an hour afterwards, to look for my wife, and saw both prisoners there in custody—I have no doubt that Sullivan is the man who I saw with my watch in his hand—Sullivan is the man who struck me.
Cross-examined. Q. Had you been barman at the house you went into? A. Yes—there was no quarrelling; I only told them I would not treat them—I did not tell them that I had not been in place since I left there—my brother did not take up a glass to throw at him; we had our glasses on the counter—no one offered to fight inside—he struck me in the street; I struck him afterwards, and we had a violent struggle—I was knocked down several times, and fought as well as I could to defend myself—we did not close, but he hit me in the wind and knocked me down two or three times—when he held me round my neck I closed with him, but did not see him fall—there was a crowd near us; they did not pat me on the back—I told the police-man that it was an assault; I knew at that time that he had taken my watch—I did not tell the policeman he had robbed me, because I could
hardly speak—Donovan went to the station and gave himself up, and Sulli-van was taken by the policeman.
MR. GENT. Q. Was there any blow or provocation before the prisoner struck you? A. No—when I struck him it was in self defence, but that was some time after—he went from me to my brother—I did not see my brother give him any provocation.
JANE REYNOLDS . I am the wife of the last witness—on 27th November I was with him and his brother and wife at the Crown and Hand public-house—the prisoners afterwards came into another part of the bar, and Donovan asked my husband to treat him—he said that he could not—Donovan asked him several times—none of our party treated the prisoners—we were there about ten minutes, and, as we came out and passed the other door, Sullivan struck my husband, and afterwards struck me, saying that if he could not him he would hit me, and used very abusive language—I lost a brooch, and my shawl was torn off—my breast has been very painful ever since the blow—I went to the corner of George-street for a constable ten minutes afterwards, and saw Sullivan in custody—I am sure he is the same man.
Cross-examined. Q. Did you hear all that took place in the public-house? A. Yes, I have told you all—there was no offer to fight—I did not hear a challenge to fight outside either—I saw Donovan hit my husband's brother—I was knocked down, and a young man picked me up—I did not see Sullivan taken—I went to the police-station; he was not there then, but I went there afterwards and saw him in custody.
EZRA MARGORY . I am a watch-maker, of 71, Lamb-street, Kingsland-road—I was in New Oxford-street, about 9 o'clock on this night, and saw Sullivan run to Mrs. Reynolds and strike her on the breast, and knock her down—I caught her and picked her up again—somebody dragged her shawl off—I picked it up, and her brooch was gone—I got a constable, and he took Sullivan, a few yards off—I went to the station—two constables were sent after Donovan, and presently he came in—I saw no quarrel.
Cross-examined. Q. Was that the first you saw of Donovan? A. No; I saw him first at the corner of Arthur-street, fighting with the prosecutor's brother, and at the corner of Bloomsbury-street—he came to the station and said that he came to clear himself.
GEORGE REYNOLDS . I live at 26, Lee-street, Burton-crescent—I was with my brother and his wife and my wife at the Crown and Hand, and saw the prisoners—they asked my brother several times to treat them—he said that he could not—I told him not to insult us any more—we went out, and they came out at the other door and met us—Sullivan came up and put his fist before my face—I pushed him away—I had not said anything to him—he came out as if he meant to fight, and knocked me down in the street—my wife hit him with an umbrella—after that we fought away as well as we could till we got the police—Donovan was helping the others on—I was struck first—I did not see my brother struck—I saw nothing of a watch—one prisoner was given in custody, and the other came and gave himself up.
Cross-examined. Q. Did you challenge either of them to fight? A. No, I told them not to insult us any more—the insult was asking us to treat them—I had not known them before, but I believe my brother did—I defended myself outside, and he knocked me down—I saw him on the ground once—I hit him a good blow—I did not see my brother struck at first, but I did after it had begun.
MR. GENT. Q. When the fist was held in your face had you done anything to these men? A. No; he said that he would fight me.
ROBERT NAYLOR (Policeman, 135 E). Margory came to me, and I went to New Oxford-street, and saw Sullivan rushing through a crowd, and bleeding from the mouth—I went after after him from something that was said, and took him—the person who came to me said in his hearing, "That is one of them"—he made no reply—I said that I should have him taken to the station on a charge of assault—he appeared to be the worse for liquor.
WILLIAM TOOLEY (Policeman, 169 E). On 27th November I was on duty in Bloomsbury-street—Donovan was brought to me by the collar in the street, and John Reynolds said that he wanted to give him in charge for assaulting him—I took him to the station, and when within twenty yards of the door Reynolds showed me this piece of leather, and said, "This is what I want to charge him with, with stealing this from my pocket"—he was greatly excited—he then charged him with stealing the watch, and said, "This is what I want to charge him with"—I said, "Why did not you charge him with that before?"—he said, "I do not know what I did say"—Donovan was nowhere to be seen then—I had let him go before Reynolds gave me the watch—I went to look for him, and while I was doing so he went and gave himself up at the station.
Cross-examined. Q. Where did he take the watch from? A. From his hand—I did not see him take it out of his pocket first—when he gave it to me, he said, "That is what I want to charge him with. "
The prisoners' statements before the Magistrate;—Sullivan says, "The witness George Reynolds wanted to fight, and he struck me, and his wife struck me with an umbrella." Donovan says, "The first witness struck Sullivan on the face. After the policeman came I went to the public-house. I went from there to the police-station."
NOT GUILTY .
OLD COURT.—Tuesday, December 13th, 1864.
Before Mr. Recorder.
MR. COLLINS conducted the Prosecution, and MR. MOIR the Defence.
JAMES JACQUES . I reside at 15, Marshfield-street, Millwall, and am a boiler-maker—on Saturday night, 3rd December, about 12 o'clock I had just turned into Marshfield-street, when I heard a voice call "Hoy," I looked round and saw the prisoners in company with two females, about 10 or 15 yards from me—not knowing them I passed on; the same voice again called out "Hoy," I looked round and the taller prisoner (John) was running towards me, he struck me a violent blow in the eye and rushed upon me, took hold of my coat, and got feeling about my dress—I took hold of him and the other prisoner (Alfred) ran up and clicked hold of my collar and took my cap off—John still kept feeling about my dress, and one of the females came up and clicked me by the hair and dragged me down amongst them, and Alfred gave me a severe kick with his foot in the back—I called "Murder!" and "Police!"—one of the females gave me a kick in the mouth with her foot—I lay there for some time till a mob gathered round—I put my hand into my pocket to get my handkerchief to wipe the blood from my face, and it was gone as well as my cap—I was sober—I had been making a
collection for the mother of a friend who had been killed at Millwall, and had got 5l.—I believe the prisoners were present and saw me receive the money, I could not swear it, but I believe it, or they would not have laid wait for me—I am quite sure they were the two men who assaulted me; I noticed when I gave them in custody that the voice was the same, and their height and all corresponds.
Cross-examined. Q. You say you are not sure they saw you receive the money? A. No, I am not sure, although I believe it; I have no recollecttion of seeing them before they attacked me—I know one from the other by one being a little taller and having more hair on his face; it was not very light—there was a gas lamp from 20 to 30 yards from where I saw the prisoners—I looked at John as he ran towards me to see if I knew him; that was the time I took particular notice of him—I don't know how many people there were about—I laid on my belly to keep my watch and property, and did not turn over any more till the mob came up to take them away—I am satisfied the kick I received from behind was from a man, the woman could not have done that, because she was in front of me, she kicked me in the mouth—I was within 60 yards of my own home—I am quite sure it was John Canham that gave me the blow in the eye; it was a violent blow—my eye is bloodshot at the present time from it—after I called "Murder!" and "Police!" a great many persons came up, and they did not abuse me any more after that.
MR. COLLINS. Q. Was there any crowd at the time these two men first came up? A. No—I had ample opportunity of seeing their faces; the gas lamp threw a light on their faces—I looked at them particularly, not knowing them, to see if there was any business they could have to communicate to me; that was on account of their calling out, and I recognised their voices afterwards at the station.
WILLIAM SMITH . I am a labourer, and live at 30, Davis-terrace, Isle of Dogs—on the night of 3rd December I was in Marshfield-street, going home—I saw the two prisoners, John Canham with his coat and cap off, standing over the prosecutor—there were several persons gathered round—I saw two women there—the prosecutor was lying on the ground, he had no cap on—there was blood on the side of his face—I am quite sure the two prisoners are the men I saw.
Cross-examined. Q. Could you clearly distinguish the prisoners? A. Yes, I knew the prisoners before by sight and by name—several persons were round when I first came up, 7 or 8—I was within about 3 yards of them—I did not see any one strike the prosecutor.
MR. COLLINS. Q. Did you see the beginning of the assault? A. No.
JAMES GRAY (Policeman, K 265). The prosecutor pointed out the two prisoners to me in Manchester-road, Millwall, on Thursday, 8th December, and charged them with assaulting and robbing him—I told them the charge, John Canham said, "I was not there, I was at Limehouse at that time. "Alfred said, "I was not there, I don't know anything about it, I never assaulted the man."
GUILTY.—The officer stated that they bore good characters, and the Prosecutor recommended them to mercy. — Confined Three Months each.
MR. F. H. LEWIS conducted the Prosecution.
of 25l. is. for gum—the prisoner called on me on 3rd November, he did not call exactly in reference to the payment of that account—we had some conversation about it—I cannot recollect what it was; we entered into an agreement for him to sell some varnish for me and hand over the money to Mr. Clark, I did not pay him in actual money; I think he had 1l. 5s. in money to make up the 20l., that was the amount of the varnish he was to sell; he gave me this receipt—I saw him sign it (Read: "London, Nov. 3rd, 1863.—Received of Messrs. Gillard and Co. 20l. on account of Clark and Co. W. H. King.") that was after I had paid him the 1l. 5s.—I think he had the 1l. 5s. in two amounts—I think the amount of the varnish was 18l. 15s.—at the time I paid him I supposed him to be in the employment of Mr. Clark.
COURT. Q. Did he say anything to lead you to suppose so? A. He sold me these very goods, and he did not say he was not in their employment—he did not apply to me for the money on account of Mr. Clark, I wished to pay the money—I knew he was in Mr. Clark's service when he sold me the gum—when he came on 3rd November he did not say anything about receiving the money for Messrs. Clark—I said I wanted to pay them some money, and he said he could sell the varnish—he gave me the receipt on account of Clark and Co. so I of course expected that he was in their employment—he said he could sell the varnish, and I said, "If you have the varnish I wish to pay Messrs. Clark the money, and you must hand it over to them."
MR. LEWIS. Q. Was an action afterwards brought against you for the amount? A. Yes.
Prisoner. Q. How long were you in business? A. Only some few months, I began somewhere about the beginning of 1863—my father was not a partner—he was frequently there—he had failed, and was there simply because he was doing nothing—these goods were brought in two parcels on 15th and 16th October—Mr. Beall the clerk called on me about 14 days' afterwards for the account, and I said I believed the transaction was for a longer period; he did not call more than once to my knowledge—I did not see him after that—I was taken ill in November, and was away ill for 3 months, and my father put the business into the hands of Mr. Parke, solicitor, of Moorgate-Street, to wind it up—I saw nothing of any letter prior to the action being brought against me; any letter that came on business would be handed over to Mr. Parke—I instructed Mr. Parke to state that I had this receipt, but he neglected it; it was found out on the trial at the Common Pleas—I did not see you several times before the action was brought, I could not, I was away from business—I only came back just before the action was brought—it was brought on 20th April—I did not see you on 14th February, I was in the country—I did not sell you any ketchup on 14th February, to my knowledge—I could not tell without my book—I did not sell you a gross of pickles on 27th, to my knowledge—you might have had it out of stock while I was away.
The RECORDER was of opinion that there was no evidence of any false pretence. MR. LEWIS submitted that a larceny was made out, as the prisoner received the money for the express purpose of paying it to Mr. Clark, and though that might not apply to the proceeds to be realized by the varnish, it would apply to the 1l 5s., and with respect to that the Jury might, under the present indictment, find a verdict of larceny. The RECORDER was clearly of opinion there was no false pretence, nor did he see how the Jury could find a verdict of larceny, that could only be done by proceeding against the prisoner
as a bailee; the 25l. he received was clearly not to be paid over in the very coin in which it was received.
NOT GUILTY .
MR. F. H. LEWIS conducted the Prosecution,
GEORGE FREDERICK HENRY CARRINOTON CLARK . I am a gum-merchant, in Camomile-street—the prisoner was a traveller in my service—his duty was to sell goods—it was no part of his employment to receive money; if he did receive it, his duty was to pay it into the counting-house—he digcharged himself by taking the money and absconding with it—I never discharged him—the last time I saw him was some time in October, 1863, when lie paid in 25l.—that was part of some money belonging to somebody else, and on 9th November, he sent a man with 7l, without giving his address or where he was—I never received 20l. from the prisoner on account of Mr. Gillard, nor any portion of it—I brought an action for the money, and was not aware of its having been paid to the prisoner till the trial came on.
COURT. Q. Was the prisoner acting as traveller for other persons besides you? A. Not to my knowledge—I paid him a salary—I never saw him after 26th October—I then gave notice to my customers not to pay him any money—I had given notice to Mr. Gillard before 3d November, and Mr. Gillard said he had a sale-note for two months' credit, which would not expire till November, consequently we did not call upon him again till that expired; in the meantime he paid this 20l. to the prisoner, and never told as anything about it.
The RECORDER was of opinion that the case of embezzlement had not been made out, the prisoner having left the prosecutor's employment, and notice having been given to the customers not to pay him.
NOT GUILTY .
MR. PATER conducted the Prosecution, and MR. METCALFE the Defence,
JOHN ANDREWS . I am in the employ of Messrs. Francis Bennock and Co. of 80, Wood-street, silk warehousemen—no one sleeps on the premises—on Tuesday, 8th November, about a quarter-past 6 in the evening, I fastened up the premises—the doors were all closed and secured—I took the keys with me—I went' to the premises next morning between ten minutes and a quarter-past 8, and found the door in Wood-street partly open—I pushed it, and found the lock on the mat—it appeared as if it had been taken off from the inside—I found some pieces of silk lying near the door, and found the stock in the place in disorder—some goods were on the ground—seventy-six pieces of silk were missed, about 7,600 yards, worth about 500l. that was safe in the warehouse the night before when I left it—it was a peculiar description of silk.
Cross-examined. Q. Was that the only indication you found of the breaking, the lock being apparently taken off? A. Yes; that was the only appearance—we surmise that some one must have been shut up inside—there are several places in which people could secrete, themselves—they might have been there over night—they would have the means of coming in in the daytime—the screws had been taken out of the lock by a screw-driver—it would require several persons to carry all that silk away.
AMBROSE BONNER . I am a draper, carrying on business at 104, St. John-street, Clerkenwell—on Thursday, 17th November, about 8 in the evening, the prisoner called at my shop, and showed me a sample of lace, of which lie said he had 2,000 pieces—he asked me to buy it—he then said he had a large lot of silks, and asked me if I would purchase—I pressed him as to where he got them from, and after some hesitation, lie said they were not right—I pressed him again, and he said they were from a warehouse in Wood-street—he said it was stolen from Wood-street, and that he and another man had got the lot—he then left, saying be would bring me a sample the next day—communicated with the police the same evening, and Inspector Potter called the next morning—I knew the prisoner's address—I had known him as a trimming and fringe maker for some time—I knew that he lived at 13, Slater-street, Bethnul green—I went there about half-past 6 the next evening, and asked him to show me the silk—he said it was too hot, he could not show it to me then—I did not see the silk then—I next saw the prisoner at his house on Wednesday, 23d, about 12 o'clock—he then gave me a sample of silk—I believe this (produced) to be the piece—I gave it to Mr. Potter within an hour after—I went again to the prisoner's house the same evening about 6 o'clock—he then said he would take me over the water to see the silk, he did not keep it in his own house, because it was dangerous—Mr. Potter and two other officers were then outside—I accompanied the prisoner the same evening to the County Terrace public-house, New Kent-road—I rode there in the prisoner's cart with him—he left me there, and was away for about half an hour—he then returned, and said the man where the silk was was out—he then drove me to Sutton-street on the road home—I left him that evening under the arrangement that he was to come to me the next day—I was to purchase 100l. worth of silk of him—I told him on the Wednesday morning that I could not purchase that amount, as I had not the money, but he was to call on me the next day—he came about 12 at noon—he wanted me to leave with him immediately—I told him I could not leave for ten minutes or a quarter of an hour—during that time I communicated with Inspector Potter—I then went with the prisoner and another man to Horsemonger-lane, where I and the prisoner got out—the man drove the horse and cart away—I and the prisoner went to the County Terrace public-house, where we were joined by the man who accompanied us in the cart—we all three then walked as far as the Elephant and Castle, when the prisoner said, "We had better have our boots cleaned; that will throw the police off all scent"—he said it would throw the police off their guard, or scent—another man then joined us, and we went to a public-house at the corner of West-square, a very quiet house—we stayed thereabout half an hour, when a man came and said he had seen some one watching, and that the silk had been sent over the water, opposite to Rotherham and Co. 's, the large drapers in Shoreditch—I and the man who first accompanied us then got into a Hansom cab and drove to the place named, in Shoreditch—I there saw the same horse and cart I had seen before, with a strange man in charge of it—either the prisoner or the other man said to him, "Have you got the silk?"—he said, "No"—the prisoner then got into the cart with the strange man and drove away, leaving me with the other man—this was about half-past 2—it would take two or three minutes to drive to the prisoner's shop from where we were at that time—in about eight or ten minutes he came back, and said he had got the silk in the cart—he was sitting on the right-hand side of the cart, near the kerb, and he asked me to pass him the money, which I did—I gave him 58l. in silver and gold, in two separate bags—I
had counted the money before, in his presence, in a public-house where we stopped—after I paid the prisoner the money, he spoke to the man who had first accompanied us—I was then going round at the back of the cart to get up the other side—immediately I got into the cart, I saw the officer in attendance, and gave him a sign that the silk was in the cart—the prisoner bad not driven more than ten or twelve yards when police-constable Fawell seized hold of the horse's head—the prisoner jumped out of the cart—I tried to apprehend the man we bad just left—there were two or three sacks in the cart; I cannot say exactly—when the prisoner first came to me, he said, him and another man had got the lot, and said, I should have the lot when I got the required money—I saw the silk in the cart when I paid the money—I can't say how many pieces there were—they were in brown-paper parcels.
Cross-examined. Q. You had known the prisoner some time, had you? A. Yes—the first time I saw him was probably seven or eight years ago—when I knew him first, I bought trimming of him, at Cater and Co's, of Finsbury, for the firm where I lived—I left there about six years ago—I saw nothing of him after that till eighteen months ago—he then brought me some chenille nets, which I bought, and bought them very dear—I lost money by them—those are the only two transactions I had with him—he has a shop—I believe he. sells silk at that shop—the first policeman I told was Knowles—I went to his house—I went to the station as well—I saw two or three men on reserve there—Potter came the next morning, the 18th—the prisoner did not tell me that the person to whom he was going was a man named Dixon—he did not tell me the name—this man called himself Jones—I did not hear the prisoner mention the name of Dixon at all—I saw two more men besides the prisoner—I saw two men over the water—the man who drove the horse and cart to Shoreditch was the same man who met us at the Elephant and Castle—the man who drove the cart over to Shoreditch was the same man who drove it to the Elephant and Castle—he was the strange man I alluded to—when we got to West-square, he went away, then came back again, and said the silk had gone over to Shoreditch; and when we got to Shoreditch, that very same man was with the horse and cart—I saw no other man—the money I paid was my own money, some I had taken out of my cash-box at home, and I drew a cheque for 102. at the London and County Bank head office, as I went down on the same day, the 24th—the reason I drew that cheque was to detain the prisoner until the officers overtook us—I cashed it myself—the rest of the money was taken in my shop on the two or three previous days—the money I paid to the prisoner has not been found—I made a note of what I have stated—I have the notes with me—I made them as the matter was going on—I did not make a note of every word the prisoner said—I told Mr. Potter the same morning the conversation that took place—I did not make a note of the words that the prisoner used, that the goods were not quite right; that they were stolen from Wood-street; the prisoner gave me some cigars—I never had any quarrel with him at any time—about six months previous to this, he called, and asked me if I could buy some wide silk—I said No, I could not—I then communicated with Mr. Potter—the prisoner did not tell me that he had a commission to sell this silk—these notes were made at different times—on 17th, when I got home I wrote, and on 18th I wrote again—I am quite sure I did not write them all at the same time—I did not write every item; I thought it was not requisite.
MR. PATER. Q. You had not forgotten what he said to you about the silk? A. No—he did state that it was stolen from Wood-street.
MR. METCALFE. Q. Was there a reward of 200l. offered for this? A. I believe there was, but I did not know it until Mr. Potter came and told me. MR. PATER. Q. Did you know at the time the prisoner called upon you, on the 17th, that a reward had been offered for the discovery of the robbery? A. I did not.
RICHARD FAWELL (Policeman, 425 A.) From instructions I received I went about 11 o'clock on the morning of 24th November, and watched the prisoner's house, 13, Slater-street, Bethnal-green—he keeps a shop there—about 2 in the afternoon I saw. a cart drive up; it remained there from twenty minutes to half an hour—about twenty-five minutes past 2 the prisoner came there, and had a conversation with the man who drove the cart to the door—he then went into the house, followed by the man—the man came out again, let down the tail-board of the cart, and the prisoner brought out two empty sacks and put therm in the cart—he then brought out another sack containing something bulky, which he also placed in the cart—they then both got up into the cart and drove to High-street, Shoreditch—I followed them—they were joined by the last witness and another man—the man who had come with the prisoner got out of the cart, and the last witness got in—the cart drove away—I followed them along Shoreditch till I saw police-constable 142 H, who was in uniform—I hailed him to come and assist me, caught hold of the horse's head, and stopped the cart—the third man remained with the one who was waiting with the last witness—the prisoner and the last witness were in the cart when I stopped it; the prisoner driving—as soon as I had stopped the horse I caught hold of the prisoner by the skirt of his coat—he commenced flogging the horse—I held him as long as I could, and then he commenced flogging me with the whip—he then threw the reins on the horse's back, and the horse ran away—I was obliged to release my hold of the prisoner—he jumped out of the cart, and ran away down Bateman's-row—I called out to 142 H, who chased him, and I ran after the horse and cart—I found inside the cart two empty sacks, and one containing eight rolls of silk, which I took possession of.
WILLIAM HORNE (Policeman, 142 H). On 24th November, about 3 in the afternoon, I was on duty in Shoreditch—I saw Fawell there; he gave me a signal—I saw the prisoner in the cart—Fawell had hold of the tail of his coat—I saw him jump out of the cart, and run away up Bateman's-row and up Curtain-road—I pursued him, and called "Stop thief!"—he was stopped by a man at the corner of Charles-street—he was struggling to get away; I caught hold of him and he tried again to get away—I said it was no use—he then asked me for some water, and I said he should have it when he got to the station—I found on him 3l. in gold, 1l 1s. in silver, and 1s. in copper—he gave his correct address, 13, Slater-street, Bethnal-green.
THOMAS AMBROSE POTTER (Police-inspector, H). About 17th or 18th November, in consequence of a communication, I called on Mr. Bonner—I received a piece of silk from him on the 23d, in the afternoon—I saw the prisoner in custody on the 24th—I showed the silk to him, and asked him how he accounted for the possession of it—he said it was all right; he should say nothing about it—on the following morning, on the way to the police-court, he asked me if I knew a man of the name of Bonner—I said "Yes, and you will have an opportunity of seeing him at the police-court."
Cross-examined. Q. Was the name of Dixon mentioned to you at all? A.
No, not by the prisoner—I have heard it mentioned, and other names as well—I do not wish to say by whom the name was mentioned to me—it was not by Bonner—I have heard of the name of Dixon in connexion with this matter—Bonner told me that Grant had offered him some silk, which was stolen from Wood-street by him—he was aware that I knew Grant—I knew him many years ago—he keeps a general dealer's shop; he buys and sells things—I think he was present at the breaking—that is my information.
RICHARD BENNET . I am salesman in the silk department at Messrs. Bennock and Co. 's, 80, Wood-street—I know this piece of silk (the sample)—to the best of my belief it is our silk; it corresponds in quality and width—I identify these eight pieces (produced) as the silk stolen from our warehouse—they are worth from 80l. to 100l.—the quantity of silk missed is seventy-six pieces, value 500l.
GUILTY on the Second Count.
Inspector Potter stated that the prisoner had been for years under the surveillance of the police, as a suspected receiver of stolen goods.— Ten Years' renal Servitude.
MR. DALEY conducted the Prosecution, and MR. RIBTON the Defence.
EMMA RICE . I am the wife of Charles Rice, of 20, Coal-yard, Drury-lane—on the night of 27th November, about 11 or 12 o'clock, I was in bed in my room; we only occupy one room—my husband was asleep on the end of the table—there was a lamp burning in the room—I was awoke out of my sleep and saw a woman leaving the room—I jumped out of bed and stopped her—she was carrying the shawl I have on now, the cloak I have here, and many other articles, in her arms—I caught hold of her; she was just in the act of going out at the door—I took the things from her—she got away, leaving her shawl behind—I did not see her face—the next day I saw the prisoner in the next room to me, in the same house, and showed her the shawl, and I asked her whether it was her shawl—she said, "Yes"—I said, "You are the woman that came into my room last night"—she said, "If I did I was drunk"—the things she was carrying are worth about 2l. 5s—I had locked the room that night.
Cross-examined. Q. Did your husband come in after you had locked it? A. No, he is not here—he was not in bed that night because he was drunk—I went to bed about ten minutes to 11, and left him sitting up in the room on a chair—I went to sleep immediately—he was fast asleep when I got out of bed—the woman had a lot of things in her arms, not tied in a bundle, but altogether—I know this is the woman by her owning the shawl—she does not live in the house, only a friend of hers, where she is in the habit of visiting—the friend is a married woman; she has lodged in that house for some length of time; I believe on the same floor—I roused my husband up—I had not seen the prisoner before, that I know of—I don't know whether she was in the habit of visiting the house or not—I went to bed about ten minutes to 11, and fastened the door, and I suppose I awoke about 12, or a few minutes after, from 12 to 1; I could not tell exactly.
NOT GUILTY .
MR. KEMP conducted the Prosecution.
was near Angel-court a man came up to me, as I thought wishful to ask a question—he put his face close to my ear, and being a little shorter than myself, I held my head down, in order to hear what he had to say, as there were a great number of people about—at the same moment he snatched at my chain—I had no overcoat on then, and my chain was hanging down—he broke the chain in two and ran away, leaving a small piece—I immediately supposed that he had the watch, and followed him, holloaing out, "Stop thief!"—Angel-court is not more than three yards from the place where the man took my watch—it is not a thoroughfare for horses; it is about four feet wide—I followed him down Angel-court, and just as I got into the court, I saw a man there, who I at once concluded was au accomplice—I passed him, and he followed me for about twenty yards, and then I felt a blow at the top of the hat—my hat was knocked to pieces; the blow was very severe, but it did not hurt me—he still kept following me—I then holloaed, "Murder!" and "Police!" as loud as I possibly could, and another blow was struck me by the same man, which knocked a hole in my hat, and had the effect of knocking me down—it did not render me quite insensible, I think—the man who snatched my chain escaped; I did not see his features—the prisoner is exactly the figure and style of man—I picked him out from twelve others afterwards.
COURT. Q. Flow long afterwards was it you saw him again? A. Not till the Monday evening; this was on the Saturday night—the officer came down, and said they bad the man—another party had given a description of him—I went and saw, I should think, a dozen people together, and I picked out the prisoner as being the most like of all—I have no doubt in my own mind now—I could not swear to him.
TULLY LOUIS . I am a comedian, of West-street, Mile-end—on the evening of 5th November I was in Whitechapel about ten minutes to 6—I was in the rear of Mr. Marshall—I saw the prisoner walk from the kerb to the prosecutor, make a snatch at his chain, and run down Angel-alley—I have no doubt whatever that it was the prisoner—I afterwards picked him out from a number of men at the police-court—when I heard the prosecutor call out "Murder!" I went down Angel-court and saw a man I could not recognise, at the back of him, strike him on the head and run away—there was a light where the prisoner snatched the chain, right underneath, about three yards from the pavement, quite sufficient for me to see his features—there is a lamp projecting from a public-house right over where the prisoner snatched the chain.
BRIDGET HANDS . I live at 2, Angel-court—on the evening of 5th November, about five minutes to 6, I saw the prisoner in Angel-court—I picked Mr. Marshall up—I did not see him struck by anybody—I saw the prisoner running away first—he wanted to get into my passage past me, and came right against me—I saw another man, rather taller than him; I don't think I should know him again—I had never seen him before, that I know of—he was a fair-complexioned man—I know the prisoner is the man; he was in my arms—I had never seen him before.
Prisoner. Q. Why didn't you hold me? A. As I came out of my door you ran in—I should not have come out when I heard the cry of "Murder!" and "Stop thief!" only I had two little boys out—it is such a frequent occurrence in that neighbourhood, I pay no attention to it.
The RECORDER was of opinion that as the assault in this case was subsequent to the attempt to rob, and was evidently for the purpose of facilitating the escape of the prisoner, the Jury mutt find a verdict of
NOT GUILTY .
The same evidence was given in this case.
Prisoner's Defence. I am innocent of it. The man that took the chain was Moggy Cogían, and Johnny Sheen it was who struck the gentleman. Coglan is very much like me.
GUILTY .**— Confined Two Years.
MR. KEMP conducted the Prosecution.
HUGH CURRAN . I am a sailor—on 23d November, about 10 o'clock at night, I was in the Boyal Standard public-house, Wells-street—I had a companion with me; he has since gone away—I took him in there to give him a glass of ale—two girls followed us in and sat down on my right-hand side—the prisoner came in; I had come over in the same ship with him—he made use of the young man's pipe—I told him to lay it down; it was none of mine, or he would be welcome to a smoke out of it—he then said that I had got his girl alongside of me—I said I had not—he sat down by the side of another coloured man, and the first thing he did was to make a grab at my throat—he then took a knife out of his left trousers-pocket and stabbed me in the right oye—before he did that he said he would have some white-livered son of a b-'s life before he went away, and he was going away on Friday—I was lying across a table at the time I was stabbed—he also kicked me on the left shoulder and on the chest, three kicks—I had not abused him—we had had no quarrel—I shook hands with him when be came into the house—I asked if he had a ship—he said yes—I asked him where he was going—he said to Hong Kong.
Prisoner. The cut he has got over the eye was done crossing the line, coming home. I did not do it. I struck him twice with my fist, not with a knife.
Witness. I did not meet with any accident crossing the line—I had a cut before this, but not in the same place—the prisoner was about half-drunk—I am quite sure he had a knife, and a sharp one.
SARAH ROBERTS . I was in the public-house when this occurred—I saw the prisoner take a knife out of his left trousers' pocket, and strike the prosecutor over the eye, and when he fell down he kicked him three times—once in the side of the cheek—I am sure he had a knife—it was a sharp one, with a long blade—the prosecutor had not said anything to annoy him—they were not intoxicated.
Prisoner. Q. When I came into the public-house, what did I do? A. You were sitting with two females when Curran carne in with a shipmate and girl—the girl was chaffing you—you took up a pipe, and Curran told you to put it down—I heard you say you would have some white man's blood before you sailed on Friday.
JOHN COMLEY . I am a surgeon in Whitechapel—on 23d November, I examined Curran—I found a wound of the upper eye-lid of the right eye, about an inch in length, and a smaller one in the inner orbit of the frontal bone of the same eye—they could not have been caused by the blow of a fist—it was a fresh wound—it must have been caused by a knife, or some sharp instrument.
GEORGE WOOD (Policeman, H 128). I took the prisoner into custody on the 23d November, about 10 at night—he was not sober—the prosecutor charged him with stabbing him—he denied stabbing him with a knife, but said they fell out, and had been fighting.
Prisoner's Defence. One of the white men called one of the girls a cow, and this man's shipmate struck me at the back of the head; I got up, and returned the compliment, and struck him two blows on the eye; as to using a knife, I declare I did not; all I had in my pocket was a key and a pair of gloves.
GUILTY of unlawfully wounding. — Confined Nine Months.
MR. NICHOLSON conducted the Prosecution and MR. KEMP the Defence.
WILLIAM FRANCIS TARRAN . I reside at Larnp-office-court, Lamb's Conduit-street, and am the father of the first wife—I was present on 20th March, 1863, at Marylebone Church, when she was married to the prisoner—his mother was there too—they lived with his mother up to 23d February last, and when his wife was about to be confined, he came to live at my house with her—my daughter gave birth to a child on 20th April—I saw the prisoner frequently after that, and asked him to contribute something towards her support, but he has only given her 15s. 6d. since they have been married—I afterwards went to St. Ann's, Westminster, and obtained the copy of a marriage-certificate—the policeman has it—I compared it with the original—it is a fac-simile, to the best of my knowledge—I have also the certificate of my daughter's marriage—I have compared that with the register—(Read": Marriage solemnized at the Parish Church of Marylebone, 20th March, 1863, between Edmund Henry Jordan, of full age, bachelor, chemist's assistant, and Emily Tarran, of full age, spinster." The second certificate was as follows:—"Marriage solemnized at the Parish Church, St. Ann's Westminster, on 13th October, 1864, between Edmund Henry Jordan and Emily Foster Crouch, bachelor and spinster.")
Cross-examined. Q. Did you direct the prisoner to be taken into custody? A. I gave him in charge—I became security for a loan for him—he has not paid a farthing of it yet—I was not angry about that—I was angry because he neglected my daughter—I found he was living with another woman on 1st September—the loan is not due yet—it was to have been paid at half a crown a week—the first half-crown ought to have been paid on the first Tuesday after 19th April—he has not paid any yet—I only ascertained about the second marriage the day previous to my giving him into custody—I did not give him in charge in consequence of his not paying that loan.
EMILY FOSTER CROUCH . I reside at Whitham-road, Hounslow—on 13th October last, I was married to the prisoner—I knew at the time of our marriage that he had been married before—I knew he had a wife living—I have not been told to say that since he has been in custody—I am sure of that—I knew at the time I married him that he had a wife living—I have been living with him at Hounslow since our marriage—we we living there at the time he was taken into custody.
Cross-examined. Q. Has he always treated you well? A. Yes, very well indeed—I knew when he was first married that he was under age, and I thought from that it was illegal—we both thought it was illegal being under age.
COURT. Q. Did he tell you so? A. Yes; he did; he did not think it was legal—I know the first wife is living now.
CHARLES BLAKE (Police-sergeant, T 34). From information I received I went to Hounslow, and took the prisoner into custody—I told him the charge—he said he was very sorry—it was a bad job, but he thought
that his first marriage was illegal—I have seen his first wife since then—she is outside the Court now.
GUILTY .— Confined Nine Months.
MR. PATER conducted the Prosecution, and MR. GOUGH the Defence,
ELIZABETH SMITH . I live at 3, Holton-cottages, Myrtle-street, East Croydon, and am the wife of William Smith, a marine-store dealer—the prisoner was married to my daughter—her name was Louisa Stacey—I was not at church with them—they left my house to be married, and returned back to my house—I don't remember the date—it was about eleven years ago—about two years ago last Epsom Races, my daughter drank with her husband at my house.
Cross-examined. Q. Do you know how long the prisoner and your daughter lived together after you say they were married? A. No; I cannot say—I don't suppose they lived together above two years altogether off and on, not to be together constant, but what they were apart—I know that my daughter was often accused by the prisoner of improper conduct—it was through ill usage that she left her husband—I have never blamed her for her conduct—she came home to me through misconduct by him—he was in the militia at the time he married my daughter—he was discharged with a good character—my daughter has been at work since she left him—she works at the barracks now—she has been living with another man.
COURT. Q. When was it that she began living with anybody else? A. She has not been living with him long—I can't say how long—not so much as three years—when my daughter and the prisoner met at my house, two years ago last Epsom Races, she was not living with anybody not till after that.
MR. PATER. Q. The marriage was not a happy one? A. No.
SARAH LOUISA MEREDITH . I live at 26, Garden-row, St. George's-road, Southwark—I am now living with my mother—on 19th September, this year, I went through the ceremony of marriage with the prisoner at St. George's Church, Ramsgate—I did not know he was a married man.
Cross-examined. Q. Has he behaved kindly to you? A. I can't say that he has.
JAMES JOYCE (Policeman, R 261). I apprehended the prisoner on a charge of bigamy—he said nothing—his first wife gave him in charge—his second wife was present at the time—I asked, him if he heard what the charge was, and he did not say a word—I produce two certificates of marriage—(The first was of a marriage at the Parish Church of Carshalton, Surrey, on August 9th, 1854, between Thomas Simes, bachelor, and Louisa Stacey, spinster; and the second, of a marriage at St. George's Church, Ramsgate, on 19th September, 1861, between Thomas Simes, bachelor, and Sarah Louisa Meredith, spinster.)
The Prisoner's statement before the Magistrate:—"I have been separated from my first wife for seven years; she was a very violent young woman, and disagreed with me—she went on the town with the soldiers, and then she took a furnished room, and lived with a soldier; I took her off the streets, and lived with her again; she communicated to me a vile disease; I have not lived with her for seven years, and I thought I need not contribute to her support after that"
GUILTY .— Confined Twelve Months.
The following prisoners PLEADED GUILTY.—
109. ALFRED PATTERSON (22) , to six indictments for Forging and uttering warrants, orders, authorities, receipts, and acquittances for the payment of money.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.] And
NEW COURT.—Tuesday, December 13th, 1864.
Before Mr. Common Serjeant.
MR. GENT conducted the Prosecution, and MR. RIBTON the Defence.
JOHN REYNOLDS . The evidence of this witness, given yesterday (see page 107), was read over to him, to which he assented, and added: We gave no provocation to the prisoner either in or out of the public-house—I said nothing, except refusing to treat them—no blows or throwing of glass took place before I was assaulted.
Cross-examined. Q. Had either of your party umbrellas? A. Our wives had—I have told you all the conversation in the public-house—my brother said that he did not see why we should be insulted—I cannot say whether I heard my brother state that last night in Court—I was examined before him, and was not asked whether I heard him use the word insulted—I did not hear him state it last night that I know of—I cannot recollect every word that was said—there was no challenge to fight given inside the house, and I did not hear one given outside the house—I did not see the prisoner on the ground; I saw my brother strike him, and I struck him to defend myself—I did not knock him down—I struck him as many times as I could get at him—my brother and I were on to him at the same time, but there were more on to us—I did not see anybody else strike him—no umbrella was used that I know of—I did not see him on the ground with four or five on top of him.
MR. GENT. Q. Did you lose your watch? A. Yes; the prisoner struck me first—he struck my wife before I could get to him—what I did was purely in self-defence.
Cross-examined. Q. Had you an umbrella? A. Yes; I did not use it, or lift it up at all—there was a great crowd—I was too much excited to be angry when I saw my husband struck—there was no challenge in the public-house to fight—the prisoner went in after us; he was not there more than ten minutes altogether—we had refreshments there—my husband had been barman there—he said that he would not treat them—his brother used the word "insulting"—I went to the station—Sullivan was in custody when I saw him.
Cross-examined. Q. Had anybody umbrellas? A. The two wives, but I did not see them used.
MR. GENT. Q. Did you see any assault? A. I saw them knock the
prosecutor down, and his brother too, and then they knocked the wife down—the row had just commenced when I came up.
Cross-examined. Q. Did you see an umbrella used? A. Yes; my wife hit the prisoner with an umbrella when he was going to kick me, and stopped him—I do not know where she hit him, or whether it knocked him down—I was down myself: he knocked me down, and was going to kick me, but my wife hit him with the umbrella; that was the only blow struck with the umbrella—my brother's wife had an umbrella too, but I did not see her use it—I knocked Sullivan down after he knocked me down—I also fought with Donovan—I struck the prisoner as hard as I could, and he struck me as hard as he could—there was no challenge to fight in the public-house; they came out after we left the bar, and began rowing with us—he put his fist in my face, and said, "I will fight you"—I pushed him away with my open hand; I did not hit him—he then knocked me down, and some minutes afterwards I knocked him down—I saw the prisoner on the ground once, and my brother under him—the prisoner struck the first blow; he knocked me down with his clenched fist outside the public-house.
MR. GENT. Q. Had you given them the slightest provocation? A. Not the least—after the fist was held in my face, Sullivan said that he wanted to fight me, down Arthur-street—I said that I should not fight on Sunday night—he wanted me to lay money down, and bet, but I would not—we got away, and they followed us, and came up and struck us, and we struck them again—we were anxious to get away, and kept before them all the way.
The prisoner's statement to as again read.
MR. RIBTON called
MICHAEL DONOVAN . (A prisoner.) I was in the public-house on Sunday night with the prisoner—the Reynolds's were there before us, but we were not in the same compartment—he being a barman in the house before, I knew him, and we shook hands together—I said, "We are 2d. short of a pot; will you make a pot of it?"—he said, "No"—his brother said, "Why should he give you beer?"—I said, "What has that to do with you: do not I know the man?"—he took a glass, and said, "If it was me insulted like that, I would send the glass in your face"—I said, "You would have to pay for it"—Reynolds came round to our bar, and said, "Mike, do not say anything to him; he is my brother"—he struck Sullivan on the nose, and they bad two rounds—I said, "Go outside; you have got no room here"—they went out, and had a fight, and Reynolds's wife struck Sullivan two or three times on the head in the public-house—outside Reynolds knocked Sullivan down by a blow—I was picking him up, and Reynolds's brother struck me in the mouth—when I was picking Sullivan up, John Reynolds said, "You b——" and struck him in the mouth—this was all in the public-house—they fought two rounds, which took four or five minutes, and went outside, and took off their coats, and Reynolds hit Sullivan in the mouth, and knocked him down—I picked him up—John Reynolds struck me, and said, "I will fight you"—with that his wife struck Sullivan on the head with an umbrella, and the other woman rushed in among the three of them, and scratched his face—John Reynolds struck me on the mouth—when we got a little way down the street, Sullivan was leaning by a tobacconist's window, and George Reynolds said, "Come on, me and you will have a couple of rounds," and struck me, and I struck him again—we had several rounds—I was down, and he was
down—the police were sent for—I heard that there was a charge of robbery against me, and gave myself up.
Cross-examined by MR. GENT. Q. Did John Reynolds charge you with stealing his watch? A. No; he had bold of my neck—I did not see his watch-chain hanging down at the public-house—I did not go out of the public-house, and commence assaulting them—I never had his watch in my hand; I never saw it till I was at the police-court—we did not go out at first; they came round into our bar, and fought us, and struck Sullivan on the nose without any provocation at all, and Reynolds's wife also struck him—Reynolds commenced it—it was not a fight to get the watch and chain—he did not charge me with stealing—I have not been charged with stealing either at this Court, or elsewhere, except for being drunk—I am a coster-monger.
JURY. Q. You say that they took their coats off; who did? A. Both the Reynolds's—that was outside the public-house—the first blow was struck in the public-house before the coats were taken off.
MR. RIBTON. Q. Were you charged with stealing on any occasion? A. No, it is entirely untrue.
JURY to EZRA MARGOSCHIS. Q. Did you come up when it had just begun? A. Yes, both the Reynolds's kept their coats on—I saw the first blow struck outside by Sullivan—I was not inside the public-house at all, I was only passing by.
GUILTY .— Confined Seven Days.
MR. COOPER conducted the Prosecution, and MR. LEWIS the Defence.
WILLIAM GRIBBALL . I am manager of the London business of Thomas Adams and Co. of Nottingham, carried on at Hall, Burling, and Co's. 44, Broad-street—they keep a stock in London—on 13th September I selected 15 pieces of silk net, and sent them with some lace goods to be forwarded by Garwood, the porter, to Nottingham—these nets (produced), are 12 of the 15 pieces which I selected and sent—they are worth about 15l. 10s., and the falls about 15l.—I understand every one in the trade would know that.
Cross-examined. Q. Would a person not in the trade know the value? A. Not the exact value—these are not all of equal value; this piece is 18 yards at 8d. a yard, which would be 12s.—these falls are worth 5s. or 6s.—they all vary in value—gentlemen unconnected with the business would not know anything about their value—I would not swear to them.
CHARLES BIRD . I am a carman, in the employ of the Great Northern Railway Company—I collect goods and convey them to the office, Bee Hive-yard, Whitecross-Street—on 30th September I received a parcel from Garwood, and took it to the Bee Hive with a note.
JOSEPH JACKMAN . I am a porter at the Bee Hive booking-office—on 30th September I checked a parcel given me by Bird, and put my initials on the right hand side—the parcel was sent to King's Cross station the same night.
WILLIAM THOMAS COLLINS . I am a clerk at the Bee Hive-yard—I made out this invoice (produced) of goods to go by the Great Northern Railway, van numbered 324, this "T. Adams, of Nottingham, 1 parcel" is my writing—I do not check the goods into the van, but this is the note and check.
THOMAS CLIFTON . I am a carman in the employ of the Great Northern Railway—on 30th September I drove van No. 324, from the Bee Hive-yard to King's-cross station—I had a way bill delivered to me; this (produced) is like it—I was not aware of any parcel being missing till some time after.
GEORGE READ . I am a checker at the goods station, King's-cross—on 30th September I checked the contents of van No. 324—this is the way bill—I found no parcel addressed "T. Adams and Co., Nottingham," and I marked it "not received. "
Cross-examined. Q. I presume it was stolen on its transit? A. I do not know—I am positive it was not in the van.
THOMAS SEAFORD MARSHALL . I am buyer in the house of Thomas Adams and other large lace manufacturers of Nottingham—I recently purchased in Paris a quantity of lace mils and other lace goods; I brought them to London, and delivered them to Mr. Gribball to be forwarded to Nottingham, but they never arrived—I identify these falls as those I bought in Paris, I know them by their tickets; they are worth 15l. 10s.—the other goods are out of my department.
Cross-examined. Q. Is that the market value? A. That is the net cost in Paris—everybody would know the value of lace falls by seeing tickets attached to them in shop windows.
REBECCA ROTHSCHILD . I am the wife of Henry Rothschild, a general dealer, of 36, Dean-street, Aldgate—on 2nd November the prisoner came to my house with a bag and asked me if I would buy some things—I said, "Let me look at them, please"—I told him I would not buy them, I would show them to a party—he wanted 3l. for them—he produced some blonde and some nets, but they were in a very shocking condition; they were rumpled, and looked like old goods—I showed them to Mrs. Graveur—I afterwards saw the prisoner, and gave him 2l. for them—these veils are similar, but I cannot swear to them—I sold the goods to Mrs. Graveur for 4l. 5s. the same moment.
Cross-examined. Q. Bid you think when you bought them that you were giving a fair price for them? A. I did—things of that kind are very often sold on the Clothes Exchange—they were shown in the open market before I saw them, and were sold openly to me—I told the prisoner I was going to show them to another person before I bought them, and he allowed me to take them openly through the streets—I never bought such things of a costermonger.
EMMA GRAVEUR . I am the wife of Levy Graveur, a cigar maker—I am milliner, and deal in wearing apparel, made and unmade—on 2nd November Mrs. Rothschild showed me some net and some pieces of lace falls—I gave her 4l. 5s. for them—these are similar to them—I sold them next day to Simpson and Co. of Farringdon-street, for 6l. 10s.
Cross-examined. Q. Did you suppose the lace falls to be worth 23l.? A. No, they were brought to me as a lot of rubbish, and were in a very disorderly condition in a bag, twisted all manner of ways; they were not blocked up and dressed for the occasion as they are now.
ALFRED READ . I am buyer to Simpson and Co., linen drapers, of Farringdon-street—on 3rd November I purchased a lot of lace and net and lace falls for 6l. 10s. and sold them to Mr. Lang land on 14th November for 8l.—I believe those to be the same.
Cross-examined. Q. Did you suspect at the time you bought them that the lace falls were worth 15l.? A. No—it is a house of 30 years' standing.
CHARLES LONGLAND . I am a commission agent, of 1, Crescent-villas, Bigmore-road, Hoxton—on 14th November I purchased some nets and falls of Simpson and Co. for 8l.—I sold the nets to Harrison and Smith for 7l. 1s. 4d.; I retained the falls and handed them all to the police—I had given one or two to my daughters, but they gave them up.
Cross-examined. Q. Did you know that the nets were of the value of 15l. 10s.?—A. I had not the slightest idea—they were not in this condition—I put them in order and re-blocked the nets and re-folded them—Harrison and Smith are very respectable people—the nets were shown to me on Saturday; I had my doubts about them and took two patterns—I sold them to Harrison and Smith for 7l. 1s., before I bought them—I did not know that they were of the joint value of 31l.
COURT. Q. Did you ever see articles of this sort bought in this tumbled state? A. They were not very bad—it is not usual for articles of this kind to be brought in the condition in which they were, but I have known it.
LANCELOT SMITH . I am one of the firm of Harrison and Smith, of St. Martin's-le-grand, manufacturers of lace falls and fancy goods—on 14th November I purchased these nets of Mr. Langland, for 7l. 1s. 4d.—he had shown me the patterns the day before; I at once recognised them as the goods of Adams and Co. and bought them to show them—I sent immediately for Mr. Gribball—I did not then know of the loss of the parcel, but I was surprised at the price—the price of the nets would be 15l. 10s.
Cross-examined. Q. Are you a judge of lace? A. I have been in the trade some time—I recognise the manufacturer by the nets—it is impossible for anybody in the trade to tell the exact value or even the appreciable value.
GEORGE MOLLINEUX (City-policeman). On 16th November I saw the prisoner in a public-house, at the corner of Goldston-street, Whitechapel—I told him who I was, and asked him where he had got the goods which he sold to Mrs. Rothschild, of Duke-street, Aldgate, he said, "I have not sold her anything"—I put the same question three times at least, and he returned the same answer—I likewise showed him this bill (produced), and told him to read it—it is a list of goods which were missing—he still denied it—I told him he must go with me to Mrs. Rothschild's—going along he asked me how long ago it was since he had sold the things to Mrs. Rothschild—I said, "About a fortnight or three weeks,"—he said, "I have not sold her anything"—I took him to Mrs. Rothschild, and she said that he was the man she bought the goods of—he turned round directly, and said, "She means those rags"—I took him to the station; he said it was a hard case for a poor man to be locked up innocent—I told him he would not be locked up innocent if he would give me information who he bought the things of—he said "Give me time, and no doubt I shall find the man"—I asked his description; he said that it was a man dressed like a costermonger or a porter who was on' Change, and afterwards he said in Cutler-street, and that he gave 32s. for them.
Cross-examined. Q. Was not this what the prisoner said, "It was a lot of rubbish I sold her?" A. Rags or rubbish—he first said that he bought them in the Clothes Exchange, and afterwards in Cutler-street—I did not recollect at the Police-court that he had given two accounts—the conversation was in Mrs. Rothschild's house and hearing—this is the first time I have mentioned it—I did not take a note of it—I think there were two remands at the Police-court—there might be three examinations before the Magistrate—I read my evidence over myself—there was not much occasion to ask for it to be corrected, because it was not material.
CHARLES UNDERWOOD (City-policeman). I was with Mollineux; and have heard his statement of the prisoner denying that he had sold anything to Mrs. Rothschild—that is true—the inspector asked him where he bought the things—he said, "In the Change"—that is the Clothes Exchange, Petticoat-lane—the inspector asked him if he was certain of that, and he said that it was in Cutler-street, which is just outside the Exchange—I produce 142 lace falls, which I received from Mr. Longland.
MR. LEWIS (to MRS. ROTHSCHILD). Q. How long have you known the prisoner? A. About ten years—I do not think he said anything about how he got the goods.
NOT GUILTY .
MR. BESLEY conducted the Prosecution, and MR. LANGFORD the Defence.
GUSTAVUS DOMTRA . I am a wholesale stationer, of 14, Size-lane, Bucklersbury—on 14th December, I paid the prisoner 12l. 18s. on account of Messrs. Morland, in my counting-house—I also paid him 4l. 2s. 6d. on their account on 12th November—I produce the receipts; the prisoner wrote them in my presence.
JOSEPH SANDERS . I am a clerk to Messrs. Morland, and have been so seventeen yean—the prisoner has been there about nine years as packer, and to take out goods, and if there was any money, to bring it back, and pay it either to me or one of the principals immediately on his return—I sent him every week to Mr. Day for the 1l. 18s.—I have no idea when I first sent him; but when I last sent him, he said either that Mr. Day would send it, or that he was not within—I directed him to go to Mr. Domtra in the early part of November, and he brought back an answer, that Mr. Domtra would send a cheque—the prisoner has not paid that sum, nor 4l. 2s. 6d. received from the same gentleman on 10th November—I believe these receipts to be his writing.
THOMAS MORLAND . I am an umbrella manufacturer—the prisoner was in my employment—he has occasionally collected money for me—it was his duty to pay it immediately to a clerk, or to one of the firm—I have never received this 12l. 18s. and 4l. 2s. 6d. from Mr. Domtra, or 1l 18s. from Mr. Day.
Cross-examined. Q. Has not the prisoner recently lost some members of his family? A. I was told that he had lost two children—I lent him 10l. in cash, which he was to repay at nine or ten shillings a week.
WILLIAM FLINSTER (City-policeman, S 11). On the afternoon of 2d December, I met the prisoner in Seething-lane—I knew him before—he said, "Well, I don't know, I may as well give myself up to you as anybody else"—I said, "What is the matter with you; what do you mean?"—we walked up Seething-lane together, and I said, "Is anything a miss? Are you ill) or what is the matter with you?"—he said, "Well, to tell you the truth, I have embezzled some money of my master"—I took him to the station, and afterwards saw Mr. Morland.
Cross-examined. Q. Have you known him some time? A. Five or six years—he was an honest, well-conducted man—he seemed very much disturbed—I went up, and asked him what was the matter.
The prisoner's statement before the Magistrate: "I have nothing to say. I throw myself on the mercy of the Court and my master. "
GUILTY.—Recommended to mercy by the Jury, on account of his previous good character, and hit domestic affliction. — Confined Six Months.
ISAAC REEVES . I am in the employment of James Rank ins, of 22, Holbornhill, a hosier—last Thursday afternoon I was behind the counter—I turned round and saw the prisoner in the shop, with another boy—I turned to ring the bell, and saw him move from the counter and snatch at a flannel shirt, which he put under the tail of his coat—I jumped over the counter and seized him, kept him till my master came, and gave him in charge—he threw the shirt to the further end of the shop—they let the other boy go, because they did not know whether he belonged to this one.
Prisoner. The shirt was lying on the ground when I went in. Witness. No, it was hanging up—it is my master's property.
GUILTY . **†— Confined Three Months, and afterwards Five Years in a Reformatory.
MR. DALEY conducted the Prosecution.
ELIZABETH CONDON . I am the wife of Thomas Condon, of 8, William-street, East-lane, Walworth—on 8th November, about half-past 8 in the morning, I was in Devonshire-street, St. George's—I saw the prisoner in a public-house drinking with two men—I called for two pots of beer and three-pennyworth of brandy—I gave a sovereign, and received 19s. 1d. change—I paid four shillings to the cabman, and put the fifteen shillings into a nankeen pocket, which I put down my bosom—the pocket also contained three lockets and 2l. 10s. in gold—the three men saw me do that, and the prisoner said, "I know where your sister lives; I will take you to her"—I said, "I do not care what I give to see her, because I have not seen her since my mother went to Australia"—I had spoken about my sister before that—when I went out, the three men followed me nearly to the bottom of the street, and the prisoner held me by the throat, and nearly strangled me—I hardly know whether he was in front of me or behind me—I halloed out, "Murder!" "Father!"—the other one tore my bosom open—here is my gown all torn, and I am all sore now—they tore my breast and chest, and took out the pocket and the money, and ran away—I spoke to a policeman, and went with him down Devonshire-street—I saw the prisoner at the station at 2 o'clock in the morning.
Prisoner. Q. Who did you come in with? A. With two shoemakers—I had never seen them before—they had the two pots of half-and-half, and I had the brandy—I did not treat you—I left the shoemakers there with the beer, when you three followed me out—the man who robbed me did not ask me to drink a glass of porter, nor did I tell him to drink it, and then put down a shilling, and say, "Fill another"—I paid the cabman outside, four shillings out of the nineteen—a dark man did not say, "You have treated me, I will treat you with the best there is in the house"—I had not some chops and steaks in my arms—I did not give you seven mutton chops—you were remanded for a week, I did not appear, and you were remanded again—I did not then write a letter to say that I would have nothing more to do with the case: my husband must have done it.
ELIZABETH FINCH . I am the wife of John Finch, a coal-porter, of 7, Devonshire-street, St. George's—on 18th November, at not quite 8. 30 in the morning, I saw the prosecutrix and a man with his arm round her waist, and two other men—they were all three very drunk—the prosecutrix did not appear to me to be sober—the prisoner was about twenty yards behind—I saw a short man thrust his hand into the prosecutrix's bosom—she screamed out "Murder!" and "Father!"—the prisoner then went up to her, but the other man was robbing her then—that was at Mr. Atkinson's door—the prisoner went up, and laid hold of her by the shoulders and neck—I cannot say whether he had hold of her when the other man took the money, but I think he was very close to her, as he had his hand on her shoulder—what I said was, that he was twenty yards behind when I first saw them—he held her while she was being robbed.
MR. DALEY. Q. When she was robbed, what did the prisoner do? A. He walked up the street, and the short man ran away with something in his hand—he robbed her by putting this hand down her bosom—her nick was a little bit open—I afterwards saw her come back with a policeman—I did not go to the Police-court, as I did not know that I should be wanted; but I was afterwards summoned, and went—I have known the prisoner before in the street, and may have nodded to him, but I am not sure—I think I have seen him in a public-house where my husband has been to get his coppers changed—I know him by sight.
Prisoner. Q. Did you see me near the woman until she hallooed out? A. I saw you run to Mrs. Atkins directly she was by herself—you all appeared to have been drinking.
COURT. Q. Where were you? A. Looking out at my own window from where I could see right up and down the street—it happened past my window, more to the Commercial-road—I did not go out and give information, but I spoke to the policeman.
MR. DALEY. Q. Was Chandler at the same window? A. Yes, she was with me.
ELIZABETH CHANDLER . I am the wife of Thomas Chandler, of 7, Devon-shire-street, a seaman—I was looking out at a window of the same room as Mrs. Finch, and saw the prisoner hold the woman by the neck while a short man robbed her, and took something from her bosom, I could not see what—the one who robbed her ran into a court, and the prisoner walked up the street—I saw a policeman go up to the prosecutrix—I did not attend at the Police-court till I was summoned.
Prisoner. Q. I believe you stated at the Police-court that I only had my hand on her shoulder? A. I said that you had her by the neck while the other man passed his hand into her bosom—you all appeared to have been drinking.
HANNAH ATKINS . I am the wife of a sweep, and live at 6, Devonshire-street—on the morning of 18th November, about half-past 8 o'clock, I was at breakfast, and heard a noise—I saw a short man dragging the prosecutrix from the middle of the road to the wall—the prisoner had hold of her against the wall by the shoulders, while the short man put his hand in her bosom and robbed her—I said, "Let the woman alone"—had I been down stairs I would have stopped them—he took out a dirty-looking bag, and then took off his cap and ran as hard as he could, and the prisoner walked down the street—the prosecutrix called out "Father! murder!"
Prisoner. Q. You said at the police-court that there came a knock to the door, and you went to the door to see what it was? A. You knocked
at the door, bat I did not go down—my husband said that you were all drunk—you asked for the name of Ann Ward, and my husband said that no such person lived there—you walked very well up the street.
ROBERT SMITH (Policeman, 253 K). On the morning of 8th November the prosecutrix came to the station and made a complaint—I went with her up Devonshire-street, and from information I received, took the prisoner in Whitechapel-road—I told him the charge—he said that I had made a mistake, he was not there—I found 1s. 4d. on him.
Prisoner's Defence. I went to the Star public-house and had a pint of beer. Two shoemakers were there. We had been there ten minutes when this woman came in, and the two shoemakers came out. I know one of them by night, and he handed the pot to me; she called for a pot of beer. One of them said, "Now, mistress, you drink along with us." She did so. She gave me seven chops, and I gave four of them away to the shoemakers. I lighted my pipe, and was about forty yards behind them. One of them had his arms round her shoulders, and they were rolling from one side of the pavement to the other. She holloaed out and I went up, but whether I put my hand on her shoulder or not I cannot say. I did not know she had a 6d. in the world. She never appeared against me, and I was remanded twice. Is it likely that in a street where all the people knew me I should attempt to rob a woman?
GUILTY .*†— Five Years' Penal Servitude.
The following prisoners PLEADED GUILTY—
117. THOMAS BRADFORD (18) and WILLIAM STREAK (19) , to Stealing the sums of 12s., 12s., and 1l. 3s. 6d.; also 4s., 4s., and 8s., the moneys of Thomas Rouse Phillips, their master— BRADFORD Confined Nine Months. STREAK Confined Four Months. [Pleaded guilty: See original trial image.]
118. JOHN DAVIS (17) , to Burglariously breaking and entering the dwelling-house of Edward Henry Bowen, and stealing 2 coats, 1 pair of trousers, and other articles, his property.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
OLD COURT.—Wednesday, December 14th, 1864.
Before Mr. Baron Pigott.
NOT GUILTY .
MR. GRANTHAM conducted the Prosecution. MESSRS, SLEIGH and GOUGH
EDWARD THOMASON . I reside at 98, St. James's-street, Clerkenwell, and am an attorney's clerk—on the evening of Wednesday, 23d November, about half-past 10, I was undressing to go to bed—I heard a noise, and lifted my window open—the noise was a cry of distress, a groaning, gradually increasing to a greater loudness from the first time I heard the cry; the cry was, "Murder! oh, oh!" increasing as though a person was in great distress
—when I opened my window I heard a second cry of "Murder!" proceeding from Messrs. French's workshop—my house is parallel with the workshop (A plan was produced)—this is my room-window, and this is an alley called Newcastle-alley—any person being there could get into the public way—this is the door of the workshop—I could not see the door of the workshop from my window, but I could see any person coming out at it—I could see the wall; I could even see any person coming to shut the door—the wall is in a straight line with my window, so that anything, even an inch beyond that straight line I could see—when I looked out of my window I saw a man running out of Mr. French's workshop, out at the door which I have described on the plan—he had something in his hand; I could not swear what it was, but it was something like a thick, long stick; it was something bug—he came towards me in the yard, running from the window towards my house—he then got on the wall—I could not see exactly what he put his foot on, but he was not out of my sight—I only saw about half of his body at the time be sprang to get on the wall—I then saw him turn the angle and on to the wall, and go down from the wall—there is an iron rod on the wall—the wall is in Messrs. French's yard, and divides their place from mine, and from the public lane—that lane terminates at the yard—when this man I saw was on the wall, there was nothing between him and me but the lane, and a foot or two of the wall of the house—when he was on the wall I called out to him to stop—I think he was about twelve feet from me at that time—I have not measured it—there was a light in Messrs. French's workshop—the light appeared to me to be almost the whole length of the shop—the front of it is all glass; the light shone on the man's face as soon as he came out of the workshop-door—I recognised him when he was on the wall—I had known him by sight before; the prisoner is the man—he jumped, and dropped down from the wall, and ran away—the wall is about ten feet high—as he was getting on to the wall I heard something resembling the sound of a stick falling—I called out—I saw some one come from Mr. French's house—I dressed as quickly as I could, calling out to the parties in the yard that I should be there—as soon as I went out of my front-door I went round to see whether the prisoner had fallen or jumped from the wall—I examined the back-door of the yard which leads from Mr. French's workshop to Newcastle-alley—it was closed and fastened with the usual thumb-latch, which a person could push from the outside—it was fastened so that I could not get in—I then went round to the front entry in Clerkenwell-close, and went into the workshop—Mr. French was there when I got, in—after speaking to the deceased I found this broom (produced) in the yard—it very much resembles what the prisoner had in his hand, only the head part being down I could not see what was at the end of the stick, because the gas-lamp would not enable me to see that—I found it on the yard side of the wall; it Was stained with blood—it was raining very heavily at the time—I took the broom up and carried it in my finger and thumb, so as not to take any of the blood off—I carried it into the workshop, and laid it there to dry—the blood was at this end (The broom part), and also on the handle—when I first went into the workshop they were washing his wounds—I had seen the deceased before; I did not know him by name—I found him sitting on the stairs—Mr. Joseph Smith, a workman, and Mr. French were standing by his side—while I was there he was removed to the hospital—next morning I was called to the Clerkenwell Police-court—I was asked to pick out the man I saw get over the wall—there were three persons
altogether, the prisoner and two others, a man and a boy—the man I picked out was the prisoner.
Cross-examined by MR. SLEIGH. Q. What is the distance from your window to the door of Mr. French's workshop? A. I have not measured it, but I should think about 35 feet—the door is in the centre of the workshop—the workshop extends a considerable distance to the right and left at the back of the house—when I went to the Police-station next morning to see if I could identify the man, I knew that a man was in custody, and that he was one of the workmen—I saw him in the yard of the police-station—the only choice I had was between a man, and a boy, and the prisoner.
MR. GRANTHAM. Q. Looking at that plan, and at the position of the door, is that the correct position of the door relatively to your window, as to the distance? A. Yes, I find I am about two feet out in my judgment—I knew the name of the man who was in custody, before I went to the station; I knew his name before that morning, by being told by the deceased; I did not know it that night—when I was told that a man of the name of Jackson was in custody, that did not call to my mind the prisoner's face.
THOMAS HABRISON BENTON . I am a clerk in Mr. French's employ—the deceased, Francis Ploughman Roberts, was in his employment, and also the prisoner—on Wednesday evening, 23d November, about half-past 10, my attention was called to a noise—I was sitting in the back parlour, which adjoins the yard, with Mr. and Miss French—the window of the back parlour looks out into the yard, but the shutters were closed at that time—the noise I heard sounded like a very loud groan, a cry of distress; it proceeded from the workshop—I went into the passage, opened the back door, and went into the yard—to the best of my belief the back door was fastened—Mr. and Miss French followed me—I found the deceased standing up, leaning against the workshop-door; he was inside the workshop—I saw the last witness at his window—Mr. French and I led the deceased on to the stairs—I saw blood flowing from the top of his head; his face was covered with it—after seeing him put there I tried the back door of the yard leading into Newcastle-alley; it was locked—that door is always kept locked after dusk—the men come through that door to their work in the morning, and those who leave before dusk go out that way—those who stay late, working overhours, have to come through the house—those who stay late cannot go in and out of the house as they please, not after a certain time—the chain is usually put up about 8—after 8 they leave by the front door—they come in at the back door of the house; it opens with a pull from the outside; if it is locked, of course they cannot open it—it may happen that it is locked or not—if it is not locked they can let themselves through, if it is locked they have to knock—I was sitting in the back parlour that evening—if any one had passed along the passage and out at the front door I should have heard them—I do not know who stayed late that evening—I did not see Smith leave—I went for a doctor—I did not go with the deceased to the hospital—I went with a constable to the residence of the prisoner—I did not go anywhere else first—I found him at No. 2, Arundel-cottages, Kingsland—we got there about 3 o'clock in the morning—when he came down to us he had on his shirt, trousers, and stockings—he said, "What is it, Mr. Brinton?"—I said, "You will hear presently"—the policeman then in my presence charged him with violently assaulting the deceased—he was not then dead—the prisoner said he had not done it; he said he had left that night with Gouget—we then returned with the prisoner to the station—there is no other way of getting
from Mr. French's workshop except through the house, through the back yard gate, or over the wall—it is the practice in Mr. French's establishment to have a tin can for the men to put the gold in that they are working upon—one of those cans is kept for those men who work late—it is called "the overtime can"—immediately after the deceased was taken to the hospital, I saw the workshop locked up—only two persons went into the upper shop, Smith and the constable—that was while the deceased was there, before it was locked up—I did not see any one else go into the shop—it was possible for a person to go up into the shop without any one seeing them—after the workshop was unlocked, I went into the upper shop and looked into the tin can—this is the overtime can (produced)—it was kept in the upper shop—when I looked at it it did not contain five unfinished gold rings—I looked at it on going into the shop about five minutes after the deceased went to the hospital—it did not contain any gold wire—it contained two gold rings, but not five unfinished ones—there are two workshops, one above the other—one is on the ground-floor, and the other over it—there is no communication from the upper to the lower, but by the stairs which are in the lower workshop where the furnace is—the men do not work there—all the work is done in the upper shop—when I went in and found the deceased, there was one gas alight at the further end from the house—the end nearest Thomason's house—there was one gas burning in the lower workshop—I saw traces of blood in the lower workshop—they were scattered along the floor, and on the bench, and a considerable quantity in the corner—the further corner from the door—the mortar was also knocked off the wall at the further end in several places—it seemed as though something hard had been against it, and knocked the mortar off—I saw marks of blood on the furnace—the furnace is on the opposite side to the bench I have spoken of, so that there were marks of blood on each side of the workshop, particularly at one end—the marks were like drops of blood as if they had spurted.
Cross-examined. Q. I suppose you know that young men in working establishments are in the habit of larking, and giving one another a slap in the face occasionally? A. The deceased was not—he was very quiet—the further end of the workshop, where I saw traces of blood, is not near the washstand, but at this end where "coke" is marked on the plan—the washhand room is in the lower floor at the further end, to the right of the door as you enter, near the coke bin, where the blood was in the corner—the first thing that attracted my attention was not as of some persons disputing—I did not hear Miss French make use of that terra—I heard a loud groan—I got up immediately on hearing the noise, perhaps in a few seconds, not more—there were no traces of blood in the upper floor—it appeared to be traced from the corner where the coke bin is, to the door near which the deceased was standing—there appeared to be several pieces of mortar knocked off, perhaps seven or eight—there is one step into the coke bin—the gas-light was about in the centre between the coke bin and the door—it would afford light to the place where I saw the most remote appearance of blood—there is a kind of bench by the window—it is used for laying tools and things on, and working on—there was a pair of iron tongs on it, I think, nothing else—the melting is done in the basement—there would be several instruments there.
23d November, about half-past 10 o'clock, I was attracted by a noise—there were several cries, in quick succession, of great anguish—I was in the back parlour, with my sister and Mr. Brinton—on hearing those cries, I immediately wont out into the yard with Mr. Brinton—the first thing I saw was Mr. Thomason leaning out of his window, with a light in his hand—I found the deceased standing inside the shop, leaning against the door, which was open—there was blood flowing from wounds on his head—Mr. Brinton went for a doctor—I helped to put the deceased on the stairs—I asked him, "Who has done this?"
MR. GRANTHAM proposed to ask the witness what reply the deceased made, as being part of the register of the transaction. MR. SLEIGH objected to the evidence. MR. GRANTHAM referred to the case of Rex v. Foster, 6th Carrington and Payne, p. 325, where evidence of a precisely similar nature was received. MR. BARON PIGOTT considered the distinction between the present case and that of Rex v. Foster was, as was assumed by the Judges in that case, that the observation was made at the instant, and it, therefore, really formed part of the transaction.
COURT. Q. How long was it between you hearing the noise and going out? A. I must have been on the spot in less than thirty seconds.
MR. BARON PIGOTT , after retiring to consult the Recorder on the subject, said there was some difficulty in distinguishing between the circumstances of the case cited and the present; the leaning of his mind was that the evidence was admissable, but if he admitted it, he should certainly reserve the point; it was, therefore, well worth considering whether it was desirable to press the matter. MR. GRANTHAM, under these circumstances, did not desire to press it.
MR. GRANTHAM. Q. Were you sitting in the room for any time before you heard the noise? A. I had been sitting there all the evening—I did not hear any of the men who were working late go through the house, at least, I do not recollect it.
JURY. Q. Was the door leading into the yard locked? A. I don't know—I did not open it—I don't recollect hearing any one pass through the house, but I was otherwise engaged.
MR. GRANTHAM. Q. Did you follow Mr. Brinton to the door? A. Yes; he arrived at the door before me—I suppose I was two feet behind—if the door was unlocked by any one it was by him—he preceded me.
JURY. Q. Do you know how many men remained at work overtime that night? A. I do not.
ANN FRENCH . I am the sister-in-law of the last witness, and live with him at 5, Newcastle-place—on the evening of Wednesday, 23d, about half-past 10, my attention was attracted by cries of great distress—I was in a back parlour at the time—I went out behind Mr. French, and found the deceased—previous to hearing these cries, I had let Gouget, the Frenchman, through the house—that was about 10 o'clock—I opened the back door, and shut it, and he let himself out at the front door—I put the chain of the back door up—he was quite alone—I put the chain up after him—I did not let any one else out after him—no one could open the back door from the outside when the chain was up—after I let Gouget out, I went into the parlour—I sat near the door—sitting there I must have heard, had any one come through—I never left the room till I heard the cries—I think I should have heard if any one else had undone the chain.
Cross-examined. Q. Can you tell whence the cries proceeded? A. I thought it was on the premises—the cries did not appear at all like the noise of people quarrelling, quite different—it was a very distressing moan
—I should not have thought it to be the noise of people haying a dispute—I have not stated so—(It appeared that the word "distressing" in the deposition liad been mistaken for "disputing")
JOSEPH WILLIAM SMYTH . I work for Mr. French—on Wednesday evening, 23d November, I worked overtime—I left about twenty minutes to 9—I was working on some gold wire—I put my work in this tin case—when I put it in, I saw the work of a man named Grinham there—it was a large coil of gold wire, black—the value of the gold I put in, I should say, was about 2l. and Grinham's, perhaps, between 7l. and 8l.—I was in Clerken well-close at the time—the crowd commenced near the premises—I came there, and saw the blood which was described by Mr. Brinton—the deceased had a pocket-book in which he kept notes and bills—I know that he kept it in his coat-pocket—I took him to the hospital—he gave me some things—he gave me from his breast coat-pocket a railway guide—a pocket-book was not among the things he gave me—before the deceased was taken to the hospital, I saw no one go into the upper workshop, except the policeman—he went with me—I went by myself two or three times—the policeman only went with me once out of the two or three times—I did not examine thus box—I did not see it after half-past 8 for some time.
GUSTAVUS GOUGET . I am a workman in Mr. French's employ—I left there on 23d November, at 10 o'clock—I left Jackson below stairs with Roberts—I put my work in the case before leaving; I put five rings in this can—the prisoner did not leave with me; I left by myself, after wishing him good-night—I asked him if he would come with me, and he said, "No."
Cross-examined. Q. Was the prisoner doing his work at the time that occurred? A. Yes; he was at work at the same board as me.
WILLIAM GARDNER (Policeman, G 127). I was called to this house, 5, Newcastle-place, on the evening of 23d November—I saw the deceased in the position described by the other witnesses; I took him to the hospital—I afterwards went with Mr. Brinton to the prisoner's house, and saw him—I told him he was charged with violently assaulting his shopmate, Roberts—he said, "I know nothing about it; I left with Gouget, the Frenchman"—I noticed the prisoners clothes; there was some whitewash on the knee of his trousers, nothing else.
Cross-examined. Q. The premises of Mr. French are whitewashed inside, are they not? A. Yes.
GEORGE BALDOCK (Police-sergeant, G 1). I remember the prisoner being brought to the station on the morning of 24th November—I cautioned him; I told him I would send to the hospital to find out if the deceased was dead—he said, "I know nothing of it; I never struck him; I left by the front door; I closed the door after me; no one saw me leave"—he aid not tell me he left with Gouget; he said he left by himself, and left Roberts in the workshop—I asked him if those were the clothes that he wore all day—he said, "Oh, yes, I have no others"—I examined his trousers and coat; I found mud on the right arm, under the sleeve—his coat was very wet all over; it was a wet night—on the under part of the right arm I found wet mud; also on the knees of his trousers a little whitening, as if from mortar or whitewashing—I examined the wall of the yard on the 24th—I noticed marks and appearances as of a person getting over—I went up to the window of Mr. Thomason's house—while there, a person unknown to me was sent across the yard up on to the wall, and over—I have never seen that person before—I afterwards went into the workshop, and recognised the man who had got over the wall—the light was in the same
position as on the night the murder was done—this was at half-past 6, or quarter to 7 in the evening—I identified the man out of about twenty-three—I produce a coat, trousers, and a broom—I examined the prisoner's boxes.
COURT. Q. Was there anybody else in the house besides you, the other servant, Mr. French, his sister, and Mr. Brinton? A. No.
WILLIAM SALTER ECCLES . I am house-surgeon at St. Bartholomew's Hospital—on Wednesday evening, 23d November, at a quarter-past 11, Roberts was brought there—his face was besmeared with blood; his lips were very pale, as if from loss of blood—I examined his head; I found seven wounds on his head, and a bruise at the back of his head—there was also a bruise on his left shoulder—the wounds were on various ¡arts of the head; one over the right eyebrow; two just above the forehead, on the right side; one on the forehead on the left side; one on the top of the head, and two on the left temple—he was sensible when he was brought in—he became insensible about three hours after his admission, and died about a quarter-past three—I don't know that he had any fear of death—I did not anticipate that he was so near death—he was very seriously injured, but I did not anticipate such a speedy termination—I was quite uncertain whether he would get well not; it was difficult to form an opinion at that early period—I did not form an opinion—I have seen the broom produced—the blows were such as might have been caused by that—I made a post mortem examination—I found the scalp extensively bruised, a large fracture of the skull on the left side, which implicated a blood vessel of some size, and from that was effused a large clot of blood—the blood vessel was broken, and the blood flowed on the brain—it must have required great violence to inflict these blows—that would depend on the nature of the instrument used—greater violence would be required with a light instrument—I should not suppose they were such as he could have inflicted on himself—if he had thrown himself from a height, that would have produced those injuries—the death was caused by those injuries.
Cross-examined by MR. GOUGH. Q. Might those injuries have been caused by falling against a wall, or being knocked against it? A. The fall must have been of very great force to have caused them—a fall with great force might have caused them.
COURT. Q. You don't mean that all those appearances might have been produced by one fall? A. No, not by one fall—the injury to the blood vessel was on the left side of the head, inside the head—it was injured through the fracture—the fracture there caused the bursting of the blood vessel—the vessel is in the bone—the fracture went through that part of the coating where the vessel was situated; it ruptured the vessel, and the blood flowed on the dura mater, which pressed on the brain.
MR. GRANTHAM. Q. Was there any difference in the appearance of that wound and the others, would you assume that was caused by something different to the other wounds? A. No.
The Prisoner received a good character from three witnesses.
GUILTY of manslaughter. — Penal Servitude for life.
NEW COURT.—Wednesday, December 14th, 1864.
Before Mr. Recorder.
MR. COOPER conducted the Prosecution.
SAMUEL KEMP . I am a mariner, and live at 6, Victoria-road South, Survey—on 6th September I was in Whitechapel-road, sitting on some steps, about 2 o'clock in the morning, as I felt rather sick—I had just come ashore, and had had a glass of ale, but knew what I was about perfectly—three men came up to me, and the prisoner said, "Get on your b——pins"—they kicked me first, and the whole three pulled me up—the prisoner then struck me, and knocked me down—I got up again to stand in self-defence, and he knocked me down again, and kicked me about the body and head several times—I was very much hurt—I bled a good deal—I lost from my pocket 3l. in gold, and 12s 3d., my discharge, my character, and a black-handled knife—I have not got them back.
Prisoner. Q. Did not you say "Good morning; I want to speak to you? A. I never spoke to you—I did not tear the cuff off your jacket, or hit you, till I stood up in self-defence—I had been in no public-house; only in a friend's house—we had three pots of ale between three—I was not used to drink, just coming ashore.
JAMES STEPHENSON . I am a wholesale stay-manufacturer, of 10, Tre-degar-place, Bow—on 10th December, about 2 o'clock, I was in the White-chapel-road, and saw the prisoner pulled off the top of the prosecutor by two men—the prisoner then went up to the prosecutor, and kicked him, but I did not see where—the prosecutor then got up, and they both closed; the prosecutor was underneath—the prisoner was then pulled off again, and went and kicked him about the head four or five times—a policeman came up almost directly, and took the prisoner—I went up, and saw the prosecutor lying on the ground with his head in a pool of blood.
Prisoner. About a quarter of an hour or twenty minutes before you came up, I put my leg behind the man and chucked him, a man picked me up off him, and then the gentleman came by and had me stopped.
COURT. Q. Did you see anybody helping the prisoner? A. Well, I heard them tell him not to kick the prosecutor, but they told him to take off his jacket—whether they spoke to the prosecutor or prisoner I do not know—the other two men followed us 200 yards in going to the station, the prisoner must have known them, as be called one of them Bill, and wanted his cap.
THOMAS KEMPSKT . I am a walking stick maker, of 31, Duke-street, Union-street, Bishopsgate—on Saturday morning, 10th December, I saw the prosecutor sitting on a step in Whitechapel-road—two or three men went up to him, one of whom was the prisoner, who kicked him about the head, and pulled him up; he then placed his hand in his side pocket, but I did not see him bring anything out—the prisoner struck him again, and he fell,
but he got up with him and struck the prisoner, who fell with him, and kicked him about the body—he was kicked hard and often—I went for a constable, and when I came back he was bleeding on the ground from his head.
SAMUEL TOPER (Policeman, 211 S). On 10th December, soon after 2 o'clock, I saw a crowd assembled; Kempsey came to me, and on going up saw the prosecutor lying bleeding on the pavement—I took the prisoner to the station and the prosecutor to the hospital—just after the prosecutor left the hospital he missed his money—I had kept him safe from the steps to the hospital.
WALTER COLEMAN . I am house surgeon at the London Hospital; I attended the prosecutor there on the morning of 10th December, and found a lacerated wound on the scalp, with a great deal of blood; he had also a contused wound on the top of the head, and complained of great pain—it is my opinion that it was done by a kick—I found no particular contusions, but he was very tender about the body.
Prisoners Defence. I am innocent of it; I am very sorry, if I have done anything wrong it is the first time, and I hope it will be the last; I never was in a Court before.
COURT to THOMAS KEMPSET. Q. How is it that you were not before the Magistrate? Did you give your name to the police at the time? A. No, but I was found out by working at the same shop as the prosecutor—I told him that I saw it, and he told me to come and give my evidence.
GUILTY of assault with intent to rob. †— Confined Twelve Months.
MR. DALEY conducted the Prosecution, and MR. LEWIS the Defence.
WILLIAM ROWE . I live now at 33, Golden-lane—about half-past 5 on 31st October, I was sitting at tea in my own place, which was then No. 5, Whitecross-street, two doors from Beech-street—I heard screams, opened my window, and saw some burnt calico flying in the air—I got on the leads of No. 4, Whitecross-street, looked down into the yard of 2, Beech-lane, and saw the deceased in flames, and the prisoner standing inside the passage; the deceased was in the attitude of placing an empty tub on the stones—the prisoner said to her, "Hold your row, you fool,"—she said, "I shall not, you brute," and then she screamed "Fire," and "Murder,"—she tried to fly past him in the passage, but he caught her round the waist, and said, "You shall not go,"—at last she got past him, and ran into the street—I got in at my window, and ran down into the street—I saw the prisoner walking in his passage, and saw the deceased rolled in two sacks and a mat, by two men and some women, and a boy threw water over her—one of the neighbours told me to fetch a cab.
Cross-examined. Q. You say that you saw the tub in the woman's hand, did you see the prisoner throw water over her? A. No, I did not see a rug belonging to the prisoner under the deceased.
JULIA STREET . I am the wife of William Street, a cooper, of 3, Red Lion Market, Whitecross-street—I was in Beech-lane between 5 and 6 o'clock, and heard a faint cry of "Oh! help me, help me,"—it seemed as if
it was under ground—I saw a female rush out of No. 2, in flames—a mat was thrown over her, and I raised her head—at that time the prisoner was standing at the door of No. 2, with his arms folded—he could hear what she said when I rained her head; she gave a heavy sigh and said, "That man done it—he kissed me and tried to take liberties with me,"—I said, m What man;" she turned on her left side and pointed to the prisoner—he said nothing, but still stood in the same position, and she said she would lock him up—I helped her into a cab, and took her to the hospital, and helped to undress her—she was most dreadfully burned.
Cross-examined. Q. At the time the prisoner was looking at her, was she on the ground, and were other people rendering her assistance? A. Yes, two gentlemen and me.
WILLIAM TANSEY (City-policeman, 403). I was in my back yard, 5, Beech-street, and heard screams of "Fire!" and "Murder!"—I stood on a stool, looked over the wall, and saw the reflection of a light, two or three houses off, in the direction of Beech-lane—I went out and saw the girl on fire—I got a door mat and some bags, put them over her, and extinguished the flames—I saw the last witness pull the burning clothes of her—I did not see the prisoner anywhere—I saw her point up to the door and make some remarks about a man—I afterwards went to the door of No. 2, and knocked, it was opened by the prisoner's wife—I went into the back parlour and saw the prisoner lying on a bed, drunk—I told him I heard he was the cause of this girl being burnt—he jumped up off the bed and said, "No, I was not the cause, I tried to put the fire out: the girl was standing with her back to the fire and her clothes caught fire; I got bold of her to prevent her. going out of the room, 'she went into the back yard and I followed her, and picked up a pail of water to throw over her, but she rushed by me and got into the street,"—he was taken into custody the next day, remanded, and discharged on the 3rd, the girl not attending.
Cross-examined. Q. Was there a hearth rug under her? A. Yes, which I saw at No. 2, where the prisoner lived, a day or two afterwards.
COURT. Q. What sized room was this? A. About 10 feet square—there was a large table or board in the room, about two feet wide, or not quite so much, where the prisoner works—the middle part of the room is about six feet, and there is about two feet in front of the fire—I found his wife in the room—they have two rooms—this occurred in the back parlour, and the prisoner was lying on the bed in the front parlour when I found him—that was about a quarter of an hour after this occurrence—he seemed to know perfectly well what he was about—he stated that he burnt his hand, but I did not see anything of that.
CHARLES DURRANT PEARLBSS . I am house surgeon at St. Bartholomew's Hospital—on 3rd October the deceased was brought there, very severely burnt on both thighs and the lower part of her back—she went on as well as could be expected for three weeks, and then she began to sink—I sent to the Magistrate to say so on 25th November, and she died on 27th—I believe a police-officer came to see her, on the Friday before her death—she died from the effects of the burns—I did not mention to her that she was likely to die.
Cross-examined. Q. In your opinion, did the fire commence at the hinder part? A. Probably.
REUBEN MAT . I am a Baptist minister, of 49, Barbican—I visited the deceased in the hospital, frequently—I visited her on 25th, one or two days before she died—I visited her that evening with the belief that it was her
last, and she told me that she did not think she should recover—she said that she was prepared to die—it appeared to me that her impression was, that she should not recover—she bade me good-bye.
COURT. Q. Was there a full conviction on your part that she might die on that day? A. Yes—she said she did not expect to get better, and she hoped we should meet in heaven; but I saw her two or three times after that—I saw her on Friday, 25th, and she died on Sunday—she said on 25th, that she was fully convinced she should not recover.
RICHARD WILLIAM WHITE (City-police-sergeant, 59)—on Friday, 25th November, I visited the deceased in St. Bartholomew's Hospital—I told her I had come to hear any statement she might make, and asked her how she felt—she told me she believed she was dying—I asked her a second time, and she said she was quite sure she should live a very short time—I asked her how this occurrence took place, and she made a statement which I took down, and she signed it in the presence of two witnesses and myself. (Read: "I, Mary Deakin, aged 13, believing that I am dying, make the following statement:—that I was in the employ of Samuel Withers, 2, Beech-street, on Monday, 31st October; I was in the room, when Samuel Withers, who was lying on a sofa, in the room on the ground floor, jumped up and threw me on his knee, on a chair near the fire-place, and kissed me; I screamed out; he said, 'Don't you scream, don't you be a fool.' I said, 'I will scream;' he let go of me then, and I said, 'Look here, I am in flames. I tried to get out of the room; he did not try to put the fire out. I then left the room, and rushed into the back yard and threw a pail of water over me. It did not put the fire out. I then got into Beech-lane and screamed 'Murder,' and some persons came and put the fire out. I was insensible after this, but recollect I was taken to the Hospital in a cab. Signed MARY DEAKIN. Witnesses, RICHARD WILLIAM WHITE City Folice-wgeant, 59, ALICE DEAKIN. SARAH BISHOP")
Cross-examined. Q. I suppose you spoke very gently and kindly to her? A. Yes—she could barely speak.
COURT. Q. I see in this statement it was first of all, "And tried to kiss me?" A. Yes—that is what I took down.
NOT GUILTY .
NOT GUILTY .
THIRD COURT.—Wednesday, December 14th, 1864.
Before Mr. Common Serjeant.
MR. WOOD conducted the Prosecution.
CHARLES PIPE (the eider), I have been in the habit of letting horses and carts to the prisoner—on the morning of Saturday, 3d December, about 8 o'clock, the prisoner came, and asked if he could hive my pony and cart—I said I had already lent it to a friend, and was going to walk for orders through doing so—he said, "How long will it be?"—I said, "It might be back in an hour and a half"—he said, "Can I have it then?"—I said, "I don't think you can; I don't think I can spare it to-day. I shan't be gone more than an hour, or an hour and a half, and I shall see you again"—I
came back within that limit of time—I did not see the pony; cart, and harness again till the Monday evening following—they were worth 15l.—the prisoner had no authority from me to dispose of the pony and cart.
Prisoner. Q. Did you and me drink at a public-house facing your house on the Saturday morning? A. Yes—we went down the Minories together, and drank in another public-house at the corner of America-square—I said you should have the pony and cart, if I could spare it—I did not say, "If the pony is in, you can take it; tell them I said you might have it"—I said, "I shall be gone about an hour and a half, and if I can let you hate it, I will"—I have never let you have it before when I was not there—you have hired in before three or four times—you sent it back on one occasion by another man—I was not in the yard then—I was near enough to see you drive out of the yard on the Saturday, and hallooed to you, and I am certain you heard me—I never let a horse and van out to you without a driver.
COURT. Q. How long have you known the prisoner? A. Sixteen or eighteen months—I lost two horses by just such people sixteen months ago—I lost my grey mare, and the prisoner came and sympathized with mo—that was the first I knew of him.
CHARLES PIPE (the younger). I am the son of the last witness, and am twelve years old—I live with my father, at 3, Nun's-yard, Aldgate—on Saturday, 3d December, about 10 o'clock, the prisoner came to our yard—my father was out at the time—Mr. Everett came up with our pony and cart, and the prisoner went up, took the reins out of his hand, and commenced backing the cart into the street—I went after him, and asked him to wait till I told my mother—he said my father had told him that he might have it—I told him he had better wait whilst I went up to tell my mother, and he said he would—I ran up stairs, came back again in about three minutes, and he was gone with the pony and cart—I did not tell him he might take it away.
Prisoner, Q. Was I not at the gate when you came down? A. No—I was not at the foot of the stairs when you went off—you did not ask me if my father had left word for you to have the pony and cart—I have a younger brother—I don't know that he came to the foot of the stairs—I did not see him.
RALPH BAMBROUGH . I am manager of the Princess Alice public-house, Commercial-street, Whitechapel—on Saturday, 3d December, between 4 and 5 in the afternoon, the prisoner came to my house—he asked the barman if Mr. Bambrough was in—he said, "Tea," and I came out—he asked me if I wished to buy a pony and cart—I said," No; I have no use for such a thing at the present time"—he asked me again several times, and I said, "No"—he offered it me first for 8 l, and then lowered his price to 7l.—I refused it—he then went outside, and got Mr. Barker—he came into the side-box with the prisoner, and the prisoner tried to sell it to him—he asked him 8l first, then 7l. 15s., then 7l. 10s., then 7l. 5s, and then 7l.—after a short time, I asked him if the cart was his own—he said, "Yes"—I asked him if he could give a stamped receipt if required—he said, Yes, he could—I then went outside and looked at the cart—I saw there was no name on it, and I asked him why that was—he either said it had fallen off, or he had taken it off; I can't say which—he then gave me his card and address, and a stamped receipt, and I bought the pony and cart for 7l.—Mr. Barker gave 3l 10s. and I 3l. 10s.—a constable came to me about them on the Monday night following, and I gave them up to him, with the prisoner's card which he
had given me—he appeared to be sober when I bought the pony and cart of him, or I should not have purchased them—I asked him for the whip in, but he said it was not his own, and I did not press for it—(On the card was,"R. J. Brown, iron and rag-merchant, Church-road, Houndsditch. ") (Receipt read: "London, December 3d, 1864. Bought of Mr. John Brown, a bay pony, cart, and harness, for 7l. Paid, R. J. Brown; witness, H. Hollings."—Hollings is my barman—I have since ascertained where the prisoner lives—he has two or three places—I believe Church-road was one of those places at this time—it is not now—I have known him to sell in front of my bar previous to this.
Prisoner. Q. I have not the least recollection of what took place; was I drunk or sober at the time? A. You were quite sober—you kept stables opposite my house—I knew where you lived—I sent my barman for some things to your place once—this is your own handwriting on the stamp—I saw you write it, and so did Hollings—I wrote the upper part, and you signed it—you asked me to write it for you—your place is not more than four hundred yards from my house, and Mr. Pipe's is not above three hundred yards from it.
CHARLES UNDERWOOD (City-policeman, 614). On the evening of Monday, 5th December, from information I received, I went to Mr. Bambrough's, where I found the pony and cart—Mr. Bambrough gave it up at once—on Friday night, 9th December, I went with the prosecutor to Rosemary-lane—we there met the prisoner—I told him that I must take him into custody, and Mr. Pipe would charge him with stealing a pony, cart, and harness on Monday last—he said, "It is quite right; I did take the pony and cart, but it was all through drink"—he was very drunk when I took him into custody, and very disorderly.
RALPH BAMBROUGH (re-examined). I received this letter (produced) last Saturday morning, 10th December—I think it is the prisoner's handwriting (Read:? Mr. Bambrough; Sir, I hope you will pardon me for the very ungrateful thing I have done to you. Dear sir, I have done so wrong to you, that I do not know what to say or do until I send you the money I have sent Mr. Pipe for you. If he has received the horse and cart, I will send you all the money in about a week; I expect to have about 20l. next week. Please, if you will pardon me for what I have done, I will pay any money Mr. Barker and you may say. Yours truly, R. Brown. ")
Prisoner's Defence. About the hiring of the pony, I certainly had the prosecutor's sanction to take it I had some drink in the morning, and drank twice with Mr. Pipe, and had some more after I had the pony and cart. I then went to Charrington's Brewery to buy some iron, and found they had sold it I was very wild at losing it, and drank at two or three places. I remember having a man or two in the cart with me and going to Mr. Bambrough; but I never recollect leaving there, or receiving any money. I heard next day that the pony was missing, but could not call to mind where I had left it till I was told. I then wrote that letter, and another to Mr. Pipe, telling him where the pony was. We all live within four hundred yards of each other, and it is not likely, if I done it for felony, that I should take the pony and cart to sell close by; I should have taken it into the country, where it could not be found. I wish to call a witness to show that I was drunk; the remark was made that I should fell out of the cart.
JANE TILLEY . I live at 12, Church-lane, Whitechapel—the prisoner called at my house between 1 and 2 on 3d December, with a pony and cart—there was another man in the cart—I keep a second-hand clothes shop—the
prisoner came in respecting some rags—he left, saying he would see me in the evening—he was very much intoxicated—he came in the evening between 5 and 6, and was then so much intoxicated that I did not do any business with him.
Cross-examined. Q. What business was it? A. He brought a man with him to look at some rags which I had for sale in the cellar—he bought them on the Monday—I did not do any business with him on the Saturday because he was intoxicated—I did not sell the rags to the other man because the prisoner was drunk—the other man was not drunk—I am not related to the prisoner at all—it is not true that he lives with my daughter—my daughter is at home now—he has never lived with her; I swear that.
Prisoner. Q. Did any person make the remark when I left your house that I should fall out of the cart? A. Yes; my children—they said you were very drunk, and they were afraid you would fall out of the cart.
JURY (to RALPH BAMBROUGH). Q. Why did you want a witness to that receipt) A. For fear that anything should occur wrong—the prisoner. asked me to write it, and I did so—of course I would not swear he was quite sober, but I considered him sober, or I should not have dealt with him.
NOT GUILTY .
JOHN HOLYOLME . I reside at No. 8, Turk-street, Bethnal-green, and am a silk-weaver—the deceased, Susannah Holyolme, was my wife—she was 64 years of age last October—on the evening of 22d October, I saw her in good health; we were sitting together by the fire—she was called out by a Mrs. Price—X Was called down about ten minutes afterwards, and saw her at the Duke of York public-house—she then had a blow on the side of her face, and her leg was broken—she was removed to the hospital—the prisoner is my son.
Prisoner. Q. I had been at home about an hour before, had I not, and given you a shilling to give to mother, as she was not in? A. Yes, that is right.
WILLIAM MASSER . I live at 22, Turk-street, Bethnal-green, and am a shoemaker—I am the son-in-law of the last witness, and brother-in-law of the prisoner—on Saturday, 22d October, he and I were at the Duke of York about 9 in the evening—we were quarrelling—a bit of a bother took place, and it came to blows—the deceased came in and came between us, to part us—the prisoner struck her on the side of the jaw, and she fell down—she said, "My leg is broken"—I helped her up, and me and my father-in-law took her to the London Hospital in a cab—the prisoner ran away.
Prisoner. Q. You know I never ran away—I was standing outside the door. Witness. I did not see him afterwards that night.
COURT. Q. YOU say you saw the deceased knocked down by a blow from the prisoner; do you know at whom that blow was aimed? A. He followed his mother up about two yards, when he struck the blow—she wanted to stop him from hitting me—the blow was not aimed at me—at the time he struck his mother no one was near enough to have received that blow except her—he did not say anything at the time he struck the blow, as I heard.
GEORGE EVANS . I am the son of the landlord of the Duke of York public-house—I remember the night when this occurrence took place—I saw a fight going on between the prisoner and his brother-in-law—I saw the prisailer's
mother come in—she tried to part them, and to get the prisoner home—his brother-in-law got away from him down the passage, and the prisoner struck his mother a violent blow on the jaw—he was close to her at the time—she was knocked down, and I heard her say her leg was broken—the prisoner got outside and went away.
COURT. Q. Do you know at whom the blow was aimed? A. It was aimed at the mother—Masser bad gone away down the passage.
Prisoner. He was not there; his sister was there. Witness. I was there, standing at the taproom door—the deceased said she did not want them to have any quarrel as the brother-in-law was a good man, and she wanted to part them.
RICHARD THEODORE GROUT . I am house-surgeon at the London Hospital—in the early part of the night of 22d October the deceased was brought there, and I examined her—she had a compound fracture of the leg—I don't remember that she had any mark on her face—she complained of the fracture, and that is what I took notice of—the leg was broken—she remained in the hospital about three weeks, and then died, on 14th November—the cause of death was pyaemia; that is a blood disease, blood-poisoning, the result of the fracture—her death was the result of the broken leg.
COURT. Q. Was the treatment such as it should have been in the case? A. Yes, everything was done that could be done—her death was in conesquence of the broken leg—if she had not had the broken leg she would not have had pyaemia.
Prisoner's Defence. I was at the Duke of York with a young fellow named Morris, and a man named Alabaster, who is always sneering at every one who goes there. He began laughing at this young fellow. I asked him what he was laughing at, and my brother-in-law said, "What odds if he is laughing? if you want a row you can have one. "I had my temper, and we got fighting. They went and fetched my mother; then Morris turned. round and helped Masser. I turned to strike Morris, and struck my mother; the blow was not aimed at her. My sister is outside, and she can speak to what my mother said in the hospital, that I did not intend to hit her. (The COURT did not consider such evidence would be admissible.)
GUILTY .— Five Years' Penal Servitude.
Before Mr. Recorder.
MR. DALEY conducted the Prosecution, and MR. LEWIS the Defence.
CAROLINE OLLEY . I reside with Miss Harvey, at Ashburuham-grove, Blackheath—the prisoner came there in August, as a parlour boarder—I had frequent opportunities of seeing her—she was in the dining-room with Miss Harvey and myself—she slept in the same bed with me—on 24th September, Miss Harvey and the prisoner left Ashburnham House for Bath, and that night when I was going to bed I missed a hair bracelet, with gold snaps, set with diamonds, a brilliant ring half hoop, a gold chain, and a pebble bracelet set with plain gold—they belonged to my mother—I had seen them safe about a fortnight before—I had not given them to the prisoner, or authorised her to take them.
Cross-examined. Q. Where were they really kept? A. In a drawer which was looked—no violence had been used to the lock—the prisoner was in the habit of placing her handkerchiefs inside that drawer—the bedroom door was not kept looked—there was no one in the house then who was ever suspected of being a thief—there was a Miss Day at the establishment—I do not know what other people thought of her—she went a fortnight before this—she was not there after the time I last saw these things safe.
JAMES MARGETSON (Policeman, R 122). I took the prisoner on 17th October, at Dublin, in the street—I told her I held a warrant for her apprehension, on a charge of obtaining a silver gilt chain, and that a diamond bracelet was pawned at Mr. Lawley's in Farringdon-street, where a number of things had been pledged—she said, "I know nothing at all about them"—I told her I should take her to England, where she would be charged with stealing two bracelets, a half hoop diamond ring, and a gold neck-chain, the property of Miss Olley.—
GUILTY .— Confined Eighteen Months.
128. MARY HORSFALL was again indicted for unlawfully obtaining 1 watch and chain, the property of Louisa Jane Randall, by false pretences. Second. Count, for obtaining 14 yards of silk, by false pretences. Third County for a like offence.
MR. DALEY conducted flu Prosecution, and MR. LEWIS the Defence,
HARRIETTE BLANCHARD . I am the wife of George Blanchard, a linendraper, of 2, Church-street, Greenwich—about 15th September, the prisoner purchased a silk dress, and, paid for it—she then ordered another dress, and took one with her, and ordered thirty-two yards of silk for Miss Harvey, who she said liked the dress she had purchased for herself, and wished one like it, and she ordered thirty-two yards and a half of black silk for a pupil of Miss Harvey's—that was distinct from the dress—thirty-two yards would be enough for two dresses—I procured that silk from the City, and sent it to Miss Harvey's, Ashburnham House—on Saturday 24th, the prisoner came again for silk she had seen on the day she purchased the others—she said that it was for Miss Armstrong, who was leaving town for the vacation, and asked if I would allow her to take it with her, which I did, and it was entered to Miss Harvey—she had an invoice in Miss Harvey's name—the value of it was about 3l. 3s.—we have not been paid for either of those articles—I believed what the prisoner told me about Miss Armstrong, or I should not have sent the goods—I believed the silk was for Miss Harvey who we would trust to any amount—this (produced) is the first dress we sent to Miss Harvey—this is the dress we sent the day after, and this is the one she took with her—we have not been paid for any of them.
Cross-examined. Q. Before she entered into either of these transactions, did she pay you for a silk dress? A. Yes, about the 14th or 15th—she came alone—I did not know her name—I knew she was a pupil of Miss Harvey's—she paid me about 3l.—we do not supply the young ladies at Miss Harvey's school, only Miss Harvey—she did not tell me her name on the second occasion—I gave her her own bill receipted, but it was made out to Miss' Harvey—they always are—if I had known her name I should still have made out the invoice to Miss Harvey—we never trust the young ladies—I knew
her again when she came the second time—on the first occasion she merely called to have the silk sent up, which she had seen when she had purchased her own—that was for Miss Harvey, not to Miss Harvey—if she had given me the name of Miss Horsfall, I should have entered it to Miss Harvey—I sent the goods home invoiced to Miss Harvey, and addressed with our business label—she came again on the 24th, and said that she came for a check dress which she had seen for a young lady who was disappointed of her holiday dress, Miss Armstrong, but her mentioning Miss Harvey's name was the reason I let her have it—when pupils of Miss Harvey come and give orders I do not expect to be paid at once—she pays it afterwards—if the prisoner had said, "I want this dress for myself as a pupil," I should have allowed her to take it away, knowing her to be a pupil of Miss Harvey's, if it had been booked to Miss Harvey, and I did so.
MR. DALEY. Q. But on this occasion she mentioned Miss Harvey's name? A. Yes, she said that she purchased it for Miss Harvey—I parted with the silk on the 24th, because she said that the young lady left at 11 o'clock, and it was then about 10 o'clock.
COURT. Q. Supposing she came, you knowing she was a pupil of Miss Harvey's, and said, "I want this dress for myself," you would have let her have it, and booked it to Miss Harvey? A. Yes.
The COURT considered that this part of the charge was not made out, as the prisoner obtained the dress in consequence of being one of Miss Harvey's pupils.
ALFRED RANDALL . I am a watchmaker and jeweller, of London-street, Greenwich—about 24th August, the prisoner came with Miss Harvey, who" was a customer of mine, to have some initials engraved on some spoons of the prisoner's—on 27th the prisoner, came again, but I was not present, having gone up to Miss Harvey's about a watch and chain—I was at home on 28th, when the prisoner called, I was alone—she selected a gold chain, which she said she was going to make a present of with the watch she bought of me, to her cousin, the M. P. 'snephew—the chain was 6l. and the watch 15l.—before I let her have it, I went up to Miss Harvey to ask whether I should be justified in letting her have it—I saw Miss Harvey—I also saw the prisoner, but did not say anything to her—she afterwards came to my shop with Miss Olley; I cannot say the date—it was to make an excuse for not paying for the watch and chain, which she promised to do next day.
Cross-examined. Q. Before you parted with the watch, did you go and see Miss Harvey? A. Yes, and from something that she said, I felt justified in parting with the watch—if Miss Harvey had not said that, I should not have parted with it.
COURT. Q. When was it you parted with a silver gilt watch? A. I can hardly recollect the date—it was some time after obtaining the first gold watch and chain, it might be a fortnight or three weeks—one was in August, and the other in September—it was the silver gilt watch in September—my wife saw the prisoner about that.
LOUISA JANE RANDALL . I am the wife of the last witness—on 17th September, the prisoner came to the shop and said, "Be kind enough to show me the common watch you showed me before"—I showed her a silver watch with a gilt chain attached to it—she said that she would have it, and asked us to place it to Miss Harvey's account, who had permitted her to do so, as she did not want to increase her bill—she would have taken it then, but I would not let her do so—she said, "Be good enough to send it to-night"—I afterwards sent it to her, with a note to acquaint her that it was placed to her account—the value of it was 3l.
—I sent it to Miss Harvey to show her the system the prisoner was carrying on; we wished her to know that it was placed to her account—we did not. think she would authorize it as she was not in the habit of doing so.
COURT. Q. Then you did not believe her statement? A. We did not believe it, but we did not know, whether it was true or not.
The COURT considered that the prisoner had kept without the reach of the Criminal Law, and that in point of law, the offence was not made out.
NOT GUILTY . There was another indictment against the prisoner,
JOHN TROD . I am the prisoner's half brother, and live at 3, Monk street, Woolwich—on the evening. of 24th November, I was going to my father's workshop in Union-street—as I was entering the gate I saw the prisoner coming out of the shop with this pair of cart springs (produced)—I did not know them at the time—I followed him down Union-street—he went round at the back of the beershop at the end of Union-street, and out into High-street—I then saw he had not got the springs with him—I thought he had left them in the dark passage—I followed him down High-street, and up Eyre-street—I went from there to the alley again, and there I found the springs standing up against the wall—the prisoner saw me before he went into the passage—he looked twice—he was not employed at my father's.
Prisoner. Q. Did you see me bring the springs out? A. you had no springs with you at the time I saw you coming out—you ran up against me—I was going in at the little gate, and you were coming out.
WILLIAM TROD . I am the prisoner's father—I know these cart springs; they are my property—I bought them of Mr. Pownall on Brixton-heath—to the best of my knowledge I saw them safe two days before they were taken—the prisoner has been living with me since he came home from soldiering, and behaved very badly—he had no authority to take these.
Prisoner. Q. Whereabouts were the springs? A. In the front shop—I can't answer the-question how they came out of the shop; I wish I could.
Prisoner's Defence. I leave it to the Jury to say whether I am guilty or not How could I take the springs out? I should not come out of the gate by his workshop with the springs in my hand; it don't stand to reason.
JURY to JOHN TROD. Q. How could your farther see the springs two days before; he is blind? A. My father can see—he could not be off seeing them because they stood right in the passage, as you go through the shop out at the front door—the shop was full, and they stood out at the side.
Prisoner. Q. Did you see me bring the springs out of the shop? A. No, out at the gate, I did not say out of the shop.
GUILTY .— Confined six Months ,
MR. SLEIGH conducted the Prosecution.
JAMES GODSALVE . I am a carpenter in the employ of Mr. Angerstein, the member for Greenwich—he has a residence in Charlton—I cause the farm-yard from my shop door—on 1st December I saw the prisoner Geldan between the end of a haystack there and the fence—Key was standing outside the fence in the lane, looking at him—Geldan was about three yards from the stack—he then went over the fence and joined Key in the lane—they had not proceeded more than ten or twelve yards, when I saw smoke
proceeding from the stack—I ran and found the stack on fire, gave an alarm, sent three men down the lane to take the prisoners, and culled four more to help me put the stack out—it was not consumed, we were able to extinguish it—I saw the prisoners brought back—they appeared to be perfectly sober—I detained them till a constable came.
COURT. Q. Was the stack set tire to in more than one place? A. No, only in one place, as the bottom.
ROBERT JEFFRIES . I live at 1, Marlborough-street, Greenwich, and am in the employment of Mr. Angerstein—I was minding some cows in a field on 1st December—I saw the prisoners—Geldan asked me over the fence how many bulls I had got—I said, "None"—he said, "Is not that forward one one?"—I said, "No"—he stopped there a little while, and then came over and said, "I must have a rest," and they sat down on two stumps outside the fence in the lane—they did not stay there very long—Geldan asked the other if he had got a bit of baccy—he said, "No"—Geldan said," I have got a little bit in my pipe if you have got a match"—I then went away, and did not hear another word—I came back about ten minutes or a quarter of an hour afterwards—the prisoners were then going down the lane, and the stack was on fire—I ran up to the stack—I saw the prisoners brought back.
COURT. Q. Was there any conversation between you and the prisoners while they were walking along the lane before they came back? A. Yes, I asked them whether they knew anything about setting the stack on fire—they said, "No"—I said, "You were over there, and perhaps you did it?"—they did not say another word—they went right down the lane—they could hear what I said.
ROBERT HAINES . I am in Mr. Angerstein's employment—in consequence of an alarm that was given I went down the road and overtook the prisoners—they were walking at the rate of about four miles an hour—the first words I said to them were, "Halt, front"—I then said, "I wish you to come back with me"—they said, "All right, mate," and immediately turned round—I said, "I suppose you know what you are going back for?"—they said, "No"—I said, "Did not you set fire to a stack in Mr. Angerstein's arm?"—they said, "No, we have not seen a stack—I then said to Geldan, "You must have been near a stack, because there are some hay-seeds on your back"—he said, "Well, I was near the stack, I went to have a bit of a nap there"
WILLIAM FRENCH . I live at Greenwich—I saw this stack on fire—I was going down the lane, and saw the prisoners some distance in front of me—that was before I saw the fire—I saw them brought back by the last witness—some one asked them what made them set the stack on fire, and one of them said, 'Oh b——I know nothing about it"—the other one also said he knew nothing about it.
WILLIAM FISHER (Police-sergeant, R 29). I took the prisoners—I said when I went into the farmyard, "I suppose you know what you are detained for?"—they said, "Yes, for setting fire to a stack"—I detained them at Mr. Angerstein's request, until they were sent to the military authorities at Woolwich—the prisoners both asked me what the punishment was for setting fire to a stack—I told them there were different terms of punishment for it—there was some hay on Goldan's back, and a little in his hair—I found a short pipe and a knife on him, no tobacco.
NOT GUILTY .
132. EDWARD STAPLES (14), and EDWARD KENT (14) , to Stealing a pair of breeches, the property of Richard Townsend. Both prisoners were stated to have been several times in custody. Confined One Month, and Three Years in a Reformatory. [Pleaded guilty: See original trial image.]
Before Mr. Common Serjeant.
MR. PALMER conducted the Prosecution, and MR. KEMP the Defence.
ELLEN WARD . I keep the Ironfounder's Arms Cold,-bath-street, Greenwich—on a Wednesday afternoon, 9th or 10th November, the prisoner came several times, but I did not always see him, as I was very ill—I saw him at dinner-time, and at a quarter to 5", when he came to the bar, and asked for half a pint of beer—I was then in the bar parlour—he said, "I have got some little puppies"—I did not remain there—he wished me good night, and I said "Good night," and went into the back parlour—he had only been in the bar two or three minutes—he was alone—I heard him leave—there was a bird in a cage hanging up in the bar—I saw it safe about five minutes, should think, before I left the bar—no one else came into the' oar, but I presently missed the bird singing, and came out to look for it—I have to change its place four or five times a day—it is a very valuable bird:—I then" missed it and the cage—I have not seen the edge since, but I saw the bird at the police-court—it is not here—I am quite sure it is the same—I know it by its song—it had been with me a long time.
Cross-examined. Q. Did you know it by the peculiarity of its voice? A. Yes, and it has a beautiful golden plume over it—I saw it next at the policestation five weeks afterwards all but a day—I am not so skilled that I can distinguish one bird from another of the same species—no.
JOHN AUCKLAND . I live at the Ironfounders' Arms Greenwich—this bird and cage were mine; they were missed about 9th November—on the day that it was found, I saw it in a different cage opposite where the prisoner was working—I am prepared to say, without doubt, that it is my bird by its peculiar song and peculiar marks—these birds are bred between a goldfinch and a canary, and they are all different and peculiar; they are not like robins or goldfinches, which are all alike—I gave very nearly 3l for it—it is a bird that you would hang up, for the fanciers round' to come and hang their birds around him on account of his song—I saw him on the same morning that he was missed.
ABEL CRONK . I am in the service of Mrs. Ward—on this Wednesday I was going in and out the bar—I remember the prisoner coming about a quarter to 5, and I saw him drinking there at about ten minutes to 5—I heard him leave about 5 o'clock, but did not see him—I was in the tap-room—I had seen the bird and cage safe that afternoon, but had not noticed it for two hours—I missed it when Mrs. Ward told me something—I have seen it since, but cannot swear to it—I saw no one there but the prisoner.
EMMA THOMAS . I am a sister of Mrs. Ward—I remember her serving the prisoner with half a pint of ale on 9th November at a little before 5 o'clock—there was no one in the room but the prisoner—I saw the bird safe then—I was lighting the gas when I first saw the prisoner, and I pushed against him, and turned round, and told him that I did not know there was
anybody there—he was standing watching the bird—I went out with a message, returned in about five minutes, and missed the bird—the prisoner was, not there then—no other man was present during the whole time I was there—the door was open, and he stood before it looking at the bird.
JAMES MARGETSON (Policeman, R 122). I received information about five weeks ago, and was on the look out—I saw a bird at 1, North-pool-lane, Greenwich-road, which Mr. Auckland identified—it had then been brought into the house from the street, and was in a cage in his hand; he was standing against the door—I saw the prisoner there; he was standing against the door too; he was charged with stealing the bird—he was working at some new buildings right opposite that house—I had seen him there; I do not know whether he lodged at No. 1—when charged with stealing the bird, he said nothing—I took him in custody—the bird produced at the police-court was the bird I saw at 1, North-pool-lane.
NOT GUILTY .
135. EDWIN GREY ASTWOOD (26) , to Stealing money to the amount of 120l., 12 pain I of gloves, and other goods, value 50s., the property of Thomas Miller Whittaker, his master. MR. SLEIGH, for the prisoner, stated that it was clear, from the facts of the case, that the prisoner I had yielded to a sudden temptation, having I picked up tile parcel containing the money, seeing it drop jet by another person, He received an excellent character for honesty and propriety of conduct, and the prosecutor recommended him to the mercy of the COURT.— Judgment respited. [Pleaded guilty: See original trial image.]
Before Mr. Common Serjeant
MESSRS. POLAND and CONNELL conducted the Prosecution,
JOHN NEWMAN (Policeman, V 308). On 15th November I was on duty at Kingston; it was the fair day—two men were charged with uttering counterfeit coin, and I noticed the prisoner near the station door for about five minutes—I afterwards saw him in a knacker's cart with three others, coming towards London—I followed them to the Bald-faced Stag—I saw Cole there, and in consequence of what he told me, I went to the Bald-faced Stag, and saw the prisoner come out—I followed him, and asked him where he was going—he said, "To Whitechapel"—I went in, and spoke to the barmaid, who looked in the till, and gave me this shilling (produced)—I went after the prisoner, and found him on Putney-common—I told him he was charged with uttering a counterfeit shilling at the Bald-faced Stag—he made no reply—I saw him endeavouring to put his hand in his right trousers' pocket—I called Cole, and saw him take from his right trousers' pocket four bad shillings, and 17S 8d. in sixpences, fourpenny-pieces, and threepenny-pieces, I and copper from his left trousers' pocket—he gave his address, North-end, Fulham—we said that that was no address at all, and then he gave it 7, I Star-street, North-end, Fulham—we could not find it.
ALFRED COLE (Policeman, V 91). On 15th November I saw the prisoner in a cart at the Bald-faced Stagg; he went in, and the cart drove away—Newman stopped him, and I saw him putting his hand into his right trousers' pocket—I pulled it out, and took 4s out, which I put between my teeth, and found they were bad—in his left-hand pocket I found 17s. 8d.—
there was about 2s. 6d. in copper, ten sixpences, and some fourpenny-pieces and florins—at the station I searched him, and found two more bad shillings in his coat pocket on the left side—I found no other money on him.
Prisoner. Q. Did you take any money from me on Putney-common? A. Yes; I took you into a public-house to put handcuffs on you to take you Safe to the station.
CORNELIA RUDDER . I am barmaid at the Bald-faced Stag, Putney-vale—the prisoner came there between 6 and 7 o'clock on Kingston fair day, and called for a pint of porter; he gave a shilling—I gave him 6d. and 4d. charge—I put the shilling in the till with others, and the prisoner left—afterwards Newman came in, and told me something—I looked in the till, and found the bad shilling, which I believe I took of ham, at the top; it was bad—I marked it in Newman's presence, and gave it to. him—this is it (produced); I know my mark—the prisoner came in very shortly afterwards.
Prisoner Q. How much silver was in the till? A. Bight or nine shillings, besides other coins—I did not take two other" shillings while you were there.
Prisoners Defence. I gave her no shilling, but she took a shilling each from two men who were there. The money I had is what I took at Kingston fair.
GUILTY .—He was further charged with having been before convicted of a like offence in May, 1863; to which he
Seven Years' Penal Servitude.
137. EDWARD JENKINS (30) , PLEADED GUILTY to Stealing in the dwelling-house of William Henry Brown, 14s. 93l 4d. and 1l 2 oz. of tobacco, and afterwards burglariously breaking out of the same.— Confined Six Months.
Before Mr. Recorder.
MR. PLATT conducted the Prosecution, and MESSRS. LILLEY and COLLINS the Defence.
JAMES LEWIS . I am a labourer, of 52, St. Andrew's-road—last Saturday night, about 12 o'clock, I saw the prisoner and two others pulling an old woman about—I requested them to leave off—they did so, and the other two got in front me, and said they would give me something for myself if I did not move off—the prisoner came behind me, and struck me with something on my neck, and when I turned round he was pulling my handkerchief out of my pocket—the blow made my ear very sore, but it did not bleed, and it was all over mud—I have not seen my handkerchief since.
Cross-examined. What was your last employment? A. Waiter at a public-house—I lived there a year and six months—this was at, a quarter-past 12—I took out my watch when I got to the station and it was then a little past 12—it is five minutes' walk to the station—I had never seen the prisoner or the others before that I am aware of—he ran away when the officer came up, but I swore to him when I met him—they all ran away when they saw the officer—I lost sight of the prisoner for about three
minutes, and then saw him and the other two standing at the corner of a court, and went and took hold of the man who struck me—he said that it was not him, and the other two ran away—I did not hear him say that be I had not seen me before—they all three ran past the officer before I could I get up to tell him what they had done—I had been passing the evening in I the city on business—I may have gone into a public-house and had half a I pint of porter about 7 or 8 o'clock—I was not in any public-house after 7 or I 8 o'clock—I had no refreshment where I bad business—my watch was safe; I had it buttoned up.
COURT. Q. Where was it that he struck you? A. In High-street, I opposite St. George's Church in the Borough.
Witnesses for the defence,
JOSEPH COOK . I keep the Turk's Head, Blue-anchor-road, Bermondsey—I have a concert at my house on Saturday evenings—it generally begins I about half past 8, and I close the room at half-past 11, and clear out before I 12—last Saturday evening the prisoner came with other friends about I twenty minutes to 9; among them were two females—the prisoner was I there up to the end, and I cleared out about twenty minutes to 12—my I establishment in Bermondsey is about a mile and a quarter, or nearly so, from St. George's Church.
Cross-examined. Q. Is the concert always held on Saturday? A. Yes Saturday and Monday too—I did not say Monday before because I was only asked about Saturday—my attention was drawn to the Saturday because on the Monday night his father called and told me that he was in trouble—I mean to say that I took notice of the prisoner—he has come regularly for 3 or 6 mouths—they left the room at twenty or five-and-twenty minutes to 12, but I saw him after he left the room—he was outside at the time I was shutting up the shutters at a quarter to 12.
MR. LILLEY. Q. What was he doing? A. Talking to one or two maid I and females who came there—his companions were all young men and women.
WILLIAM EKERS . I know the prisoner—I was in his company last Saturday night about twenty minutes to 9, when he came there—I was in the room before him—he came with Jemima Saunders—he remained till twenty-five I minutes to 12, when we all came down together and stood outside—we I parted with one or two, and proceeded down Gray's road—we left two men! at the corner of Bermondsey New-road, and we went up Mint-street, and Sloper-street, Long-lane, where we stopped till twenty minutes past 12—he was going one way and I the other, and I said, "Good night, Bill and take! care of yourself," and then we left—Mary Ann Evans was in our company, but she is at work and cannot come—Emma Saville is here, and Jemima Saunders.
Cross-examined. Q. Did you go to the concert on Monday? A. Yes; promised the prisoner on Saturday night that I would be at the concert again on Monday night—I am in the habit of going with him very often—I parted with him at Sloper-street—he never had to go near St. George's Church, nor was I with him there—Sloper-street is in Long-lane, five or ten! minutes' walk from St. George's Church, about midway—I do not know what became of him when I parted with him—it took about half an hour to I go from the public-house to where I parted with him—we were walking slowly, and talking about business.
MR. COLLINS. Q. The prisoner was not at the concert on Monday night, he was in custody, was he not? A. Yes.
COURT Q. When did you bear of his being taken? A. On Sunday afternoon—I went before the Magistrate, but three or four policemen there would not let me speak—I do not know the number of either of them—I went into the Court—I did not tell the Magistrate I had anything to say—I was going round, and the policemen stopped me in the Court—the prisoner did not say that he had any witnesses.
HARIETTE VINCENT . I was in the concert-room last Saturday with Thomas Eagar, my young man—I saw the prisoner there—I was with him from that time till five minutes past 12, when I parted with him at the top of Bermondsey New-road—we left the public-house at five-and-twenty minutes to 12, and stood talking outside while the landlord shut up the shutters—William Eager and Emma Saville's young man, and Jemima Saunders were with me.
Cross-examined. Q. Were you with him the whole of the time? A. Yes; I live with my father and mother—I have just left service—the young man comes to the house; we have been engaged these two years—I did not go to the Magistrate's office—I did not hear that the prisoner was in trouble till Monday morning.
NOT GUILTY .
The JURY stated that there was not a stain upon the prisoner's character.
MR. DALEY conducted the Prosecution, and MR. LILLEY the Defence.
JAMES BAKER . I am a labourer, and live at the Waterside, Wandsworth—about a quarter to 4, on the afternoon of the 22d November, I saw the prisoners and the deceased coming towards the Waterside, all very drunk—the two men began fighting; they had three rounds, and the deceased picked up the prisoner Smith, and said, "George, I will have no more; I will give in to you"—the deceased then said to Gee, "I will fight you; you are rather too fast"—Gee jumped over the fence and paid, "We will fight in this field"—the deceased said, "I will not fight in that place; come down to the open, and I will fight you there, at the beer-shop"—they went there and fought five rounds—the deceased fell four times on the back of his head—they struck each other as well as they could—Gee. fell to the ground—the last time the deceased fell, he fell right backwards on the back of his head, and somehow or other his legs went up—Gee had not hold of him—he fell at the side of him, but not on him—Smith picked the deceased up—that round was the one before the last—Smith said to the deceased, "Will you have any more? you had better have another"—the deceased said, "I will fight when I am sober"—Smith then got him up on his legs, and they went at it again—it was after that statement that Smith said, "Go on, you had better have one more"—they only went on to the fifth round; they then both fell on the ground—I saw the deceased fall when Smith was lifting him up—he fell back on the ground, and touched the back part of his head.
Cross-examined. Q. You say they were the worse for liquor; how were you? A. I was sober, and was going to my employment—I saw the first of it—I was never in the prisoners' company—I did mot see the deceased and Smith fighting—they did not have a round or two while I was there—when the deceased said, "I will fight you, you are a little too fast," he did not strike him at the same time—I was thirty yards away, right before the mask, they were coming towards me—I knew them about the neighbourhood; I only knew the deceased by sight.
I beard a noise, stepped into the middle of the road, and saw the prisoners and the deceased—I saw one of them fall against the palings—I stepped back into my house, and they came quarrelling down by my door—they wanted to come into my house, but I would not allow it—Gee and the deceased stripped and began to fight in front of ray house—one of them said, Have another round—I believe that was Gee—I think that was said in the third round—they had another—the deceased was in another man's arms—a baker was holding him up—he came down and wished them to be quiet, and not to fight—Smith picked Gee up the first three rounds, and seconded him—the deceased's name was Smith also—I picked him up the last time, and tried to hold him—he fell the last time in retreating from Gee—Smith acted as the deceased's second during the early part of the fight—Gee did not wish to have a second; he pushed him on one side—they were both drunk.
Cross-examined. Q. Had you known Gee before? A. I had never seen any of them before—the deceased fell while retreating—I can't swear which of them it was that rolled against the fence, as it was fifty yards off, and he fell the moment I stepped into the road.
WILLIAM TILLMAN (Policeman, V 320) On 22d November, in the afternoon, I was called to the Waterside, Wandsworth, and saw a number of people at the Bargeaground—the deceased was lying on the ground, resting his head on Smith's knees, and Gee was standing by his side—he appeared quite dead—I asked who had done it—Smith said that the deceased had been fighting with Gee, and Gee had done it—Gee said that he had assaulted him many times before lie returned the blows—I got a cart, and sent the deceased in it—the prisoners walked in different directions, and I had to go after them—I took Smith to the station—Gee was taken by another constable.
Cross-examined. Q. Had you known Gee before? A. I had seen him about; I knew nothing about him—I knew where his friends lived—I knew the deceased before.
JAMBS CONNOR . I am a surgeon—on 22d November, about half-past 5 o'clock, I examined the deceased—he was in a complete state of insensibility—the surface of his body was cold—his pupils were widely dilated, and blood was oozing from his nostrils and mouth—he died afterwards from the compression of the brain; that was the result of a fall.
Cross-examined. Q. Would drunkenness tend to increase the probability of rupture under those circumstances? A. It would—compression is the rupture of a vessel, and the clotted blood compresses the brain.
GUILTY, under extenuating circumstances. Recommended to mercy by the Jury, believing the deceased brought it on himself.
GEE.— Confined Fourteen Days. SMITH.**— Confined Three Months.
Before Mr. Recorder.
MR. LILLEY conducted the Prosecution, and MR. SLEIGH the Defence.
WILLIAM WICKING . On the 9th November, about 11 o'clock, I was passing down Cardigan-street, Kennington—a dark substance at the end of a wall attracted my attention—I found it was a bundle—I opened it; it was near a gate—from something I observed, I fetched a policeman named Wyman—he opened the bundle in ray presence—it contained the body of a child—I went with him to the station, with the bundle—it was in a black silk wrapper.
SAMUEL WYMAN (Policeman, L 94). On the night of 9th November, about 11 o'clock, Wicking called my attention to a bundle in Cardigan-street, Kennington—I opened it; it contained a male child—I tied it up again, and conveyed it to the station—I there opened it again and examined it, and found that the child's throat was cut—I conveyed it to the divisional doctor, who was out, and then to Adamson, the Coroner's officer, and left it in his charge—the bundle was wrapped in a piece of old black Bilk.
JOHN ADAMSON . On the night of 9th November, about half-past 12 o'clock, I saw the last witness at my house—he brought the body of a male child in a black silk bundle—I put it in my wash-house, and kept in till the morning—I then washed it, and found a wound on the throat extending from the left side to the right—I conveyed the body to the dead-house, Lambeth, and left it in the custody of Jonathan Hale—it was the body of that child upon which the inquest was held.
JONATHAN HALE . I am beadle of Lambeth church—I received from Adamson the body of a newly-born child on the morning of 10th November—I delivered it into the charge of Mr. Munday, the district-surgeon, for examination.
JOHN BYRON (Police-inspector, L). On 12th November, from information I received, I went to the house of Mrs. Stokes, in Cardigan-place, Kennington—I found the prisoner there as a domestic-servant—I was in my uniform—I said to the prisoner, in her mistress's presence, "On Wednesday the body of a child was found in Cardigan-street—several of the neighbours have stated to me that you appeared to be in the family-way before that day, and that since you have become considerably reduced in size"—she replied, "It is very cruel and wicked of persons to say so, and they ought to be punished for it"—then addressing her mistress, she said, "You had company last Wednesday evening; I was running about all the evening, I went out for the supper-beer at half-past 10, and if anything had been the matter with me you most have Been it"—her mistress replied, "Yes, that was BO, and I do not believe that anything has happened to you"—the prisoner then left the room—in consequence of something I said to the mistress in her absence, she produced this piece of black silk—the prisoner shortly returned—the mistress went out of the room, and brought her back.
BARBARA ANN STOKES . I am a widow, living at 3, Cardigan-place, Kennington—the prisoner was in my employ as a domestic servant—on 12th November I recollect Inspector Byron coming to my house, and holding a conversation with the prisoner in my presence.
MR. SLEIGH. Q. Before he spoke to her did you go and fetch her? A. Yes—I did not open the door for him—I saw him before he saw the prisoner, and in consequence of what he said I went and saw her—I told her that a police-inspector was there—I did not tell her it was something about a dead child having been found; I told her the inspector wished to see her, and to ask her some questions—she seemed surprised—I don't recollect that she made any answer; she came up with me—I did not say, "You had better come and see him, and tell him the truth;" I said, "You had better come and see him"—I did not say, "You had better answer the questions he puts to you;" nothing of the kind—I am quite sure, nothing except what I have stated—the inspector did not see her again the day afterwards—she was taken into custody that very day—she went out of the room, and I fetched her back to the inspector—I do not think I communicated to her when I went to fetch her back anything which the inspector had said to me about the dead child—the second time I went down to her the inspector
wished me to look into her box—I told her that he wanted to ask her some more questions—very likely I may have said, "You have better come up and see him, and tell him all you know;" but I do not recollect it—I said, The inspector wishes to see you again"—I don't think I said any more—I very likely may have said, "The inspector wishes to see you again, and it will be better to tell him everything you know/' hut I do not recollect telling her anything more than that the inspector wished to see her again—I did not say, "You must tell him everything"—I did not know what she could tell him.
JOHN BYRON (continued). When the prisoner returned, her mistress having brought her back, I said, "I am about to ask you a few questions; you can answer them or not as you think lit, but whatever you say may be used in evidence against you if it is found necessary"—I am pretty clear that I did not say" It may "lie used for or against you"—I said, "Your mistress states that she gave you this piece of an old silk dress;" she said, "Yes"—I said, "I have compared it with the piece of silk found round the body of the child, and I find that they correspond;" she said, "I know nothing about it"—I said, "This does not convince me that you have had a child, but it is necessary for the sake of your credit and character. that you should be examined by a medical man;" she said, "No, I will not, I have done nothing wrong, and I do not see why I should be examined"—I repeatedly pressed it upon her, and she refused—she said at one point, "I do not like, considering the state I am in"—I at last said to her, "Then it will be my duty to take you into custody, and you will be then examined at once; I desire to avoid this, and you can be examined if you like"—she ultimately consented, and I took her to Mr. Wakeham, a surgeon, who took her into a private room—he said nothing to me in her presence when he came out, but from what he said I took her in custody; took her to the Kennington station, and told her she was charged on suspicion of having willfully murdered a male child—she made no reply—I told her if she felt ill to make it known at once, and she would be removed to a proper place, but she looked exceedingly well—I then left her—at half-past the next day, which was twenty hours afterwards, I received a communication from her.
MR. SLEIGH. Q. From whom did you receive that communication? A. From the sergeant on duty at the station; it was to the effect that the girl wished to make a statement to me; that he had seen her, and she had made a communication to him—his name is Odell—he is not here.
MR. SLEIGH objected to this evidence, as it could not be proved what had passed between the sergeant and (lie prisoner, unless he was called.
The COURT admitted the evidence.
MR. LILLEY. Q. In consequence of the communication conveyed to you by Odell, did you go to Kennington police-station, and see the prisoner) A. Yes; that was on the Sunday, 13th, about half-past 1 o'clock—I said to her, "I understand you wish to make a statement to me respecting the death of the child?" she said, "Yes"—I said, "Let me remind you of the caution I gave you yesterday; I do not desire that you should say anything to me on the subject, you are very young, and I wish you to understand that what you say is not under compulsion"—she replied, "I will tell you all about it"—I took down her statement in writing in her presence; I read it over to her, and she wished to have a slight addition made to it which I made, and then she affixed her mark to it—(Read: "That is my child, the one the police found, last Wednesday night I had it; I was bad
all day on Wednesday; just before I was took so bad I had said to myself I would go up to my mistress and tell her that I was so bad; I was took so bad that I put my hand on the shelf and my foot on the fender, and then I could not move until the child was born; I then moved away, and sat on the chair about twenty minutes before I could get my senses at all, and then I got up and found the baby with its little head on the fender; the fender is a large one in the back kitchen at my mistress's house, and the baby's neck fell on the sharp edge of the ring in the centre of it; then I did not know what to do; I took up a piece of silk and wrapped up the body; when I picked it up it was quite dead; I did not know what to do with it; I went out and took it into Cardigan-street, and laid it there; Elizabeth Strange way")—she then complained of illness, and on the certificate of a surgeon she was removed to the infirmary at Lambeth work-house—I then went to her mistress's house, and found this fender in the back kitchen in the ordinary position before the fire—this is the circular piece of iron to which she refers—it was pointed out to me by the mistress—I searched the prisoner's box on a previous day, and found a shift, a body of a dress, and a pair of stockings, very deeply saturated with blood, which was dry—I compared the piece of silk found round the child, and the piece produced by the mistress, and formed the opinion that they had formed part of the same garment.
COURT. Q. Did you see any stain on the fender? A. Yes; I can't say that it had the appearance of being blood—I should have said that it was rust, if the prisoner had not made that statement.
JOHN WILLCOX WAKEHAM . I am a surgeon, of West-square, Southwark—the prisoner was brought to my surgery by Inspector Byron, on a Saturday in November, and I examined her in a private room, and found that she had very recently been delivered; I told her so, but she made no remark.
WALTER MUNDAY . I am surgeon to the district of the parish of Lambeth, and live at Moor-place, Kennington-road—on 10th November I saw the body of a male infant at the dead-house; Adamson directed my attention to it—I made a post-mortem examination of it, the navel string was cut close to the abdomen—the child was fully developed—there was a jagged wound in the throat about four inches long, extending from left to right, cutting through all the large vessels of the right side of the neck, together with the trachea—there was an incision between the fourth and fifth cervical vertebra), dividing the spinal marrow—on reflecting the scalp I found a fracture on the right parietal bone, rupturing the longitudinal sinus—there was extravasations of blood round the fracture—in my judgment the wound on the throat was the cause of death; it was not jagged very much, but sufficient to call it a jagged wound—it had been inflicted by a cutting instrument, because by the side of the long incision, there were two slight incisions, cutting through the cuticle, making three incisions altogether—the three incisions did not run into one—the two others were merely slight cuts, an eighth of an inch long, through the cuticle—they were independent of the principal cut—they were distinct cuts, not marks only—the large cut had gone half-way, and then gone on again, and so produced a notch in the centre—I should imagine it had been inflicted by a knife, and rather a pointed one, on account of the division of the cervical vertebrae—it would be impossible for the wound to be produced by the child falling from the mother into the fender—the lungs were fully inflated—I placed them in water, and they floated very buoyantly, together with the heart—I
took the heart away, and put them in water again, and they still floated—I then cut them up in twelve or fourteen pieces, pressing each piece, and each piece floated—my judgment is that the child breathed—it might have done that in the the act of being born—there is nothing to assist my opinion as to whether it breathed in a state of existence separate from the mother—the body was completely drained of blood, every organ.
Cross-examined. Q. Is it a fact that a child may breathe before it has passed into the world? A. Yes; there is a great difference of opinion about whether the hydrostatic test can safely be relied upon—with regard to the fracture of the skull, it has been the case that the cranium has been pressed against the pelvis in the pains of labour, and has been fractured—I knew a case, where the throat was cut when the child was half born, in the endeavour to cut the umbilical cord—it was not a case of mine, but my father's—the woman was alone—I know, as a man of experience, that in the case of a poor wretched woman cutting the navel-string, wounds are frequently inflicted unintentionally on the child itself.
MR. LILLEY. Q. Was the fracture you saw on the skull of such a nature as might have been caused by the pressure against the pelvis? A. No; it was such a wound as I should expect if the child had fallen on the fender.
GUILTY of endeavouring to conceal the birth. Recommended to Mercy by the Jury on account of her youth. — Confined Twelve Months.
141. WILLIAM DOUNING (16), PLEADED GUILTY* to unlawfully obtaining 14lbs. of gun-metal, by false pretences; also to feloniously forging and uttering a request for the delivery of the same.— Confined Twelve Months.
ADJOURNED TO MONDAY, JANUARY 9TH, 1865.