CENTRAL CRIMINAL COURT
THIRD SESSION, HELD JANUARY 11TH, 1865.
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, January 11th, 1865, and following days.
BEFORE THE RIGHT HON. WARREN STORMES HALE, LORD MAYOR of the City of London; The Right Hon. Sir FREDERICK JONATHAN POLLOCK, Knt., Lord Chief Baron of Her Majesty's Court of Exchequer; the Hon. Sir GEORGE WILSHERE BRAMWELL, one other of the Barons of the said Court of Exchequer; Sir COLIN BLACKBURN, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir ROBERT WALTER CARDEN, Knt., Alderman of the said City; RUSSELL GURNEY, Esq., Q.C., Recorder of the said City; THOMAS GABRIEL, Esq.; WILLIAM FERNELEY ALLEN, Esq.; JAMES ABBISS, Esq.; JAMES CLARKE LAWRENCE , Esq.; ANDREW LUSK, Esq.; and DAVID HENRI STONE, 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. THIRD SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more titan once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
Wednesday, January 11th, and Thursday, January 12th, 1865.
Before Lord Chief Baron Pollock (with Mr. Justice Blackburn), and a Jury composed of six Englishmen and six foreigners.
MR. SOLICITOR-GENERAL, with MR. SERJEANT BALLANTTNE, MESSRS. HANNEN and GIFFARD, conducted the Prosecution. MR. BUST, with MR. HARRY PALMER, defended the prisoner.
ELIZABETH WARREN . I am the wife of James Warren, of 3, Nelson-street, Plaistow Marshes—I know the prisoner—he came to stay at our house about three mouths before last September—he was only a lodger—he slept with another man up stairs—I take in single men lodgers—he paid me 11s. 6d. a week for his board, lodging, and washing—he had not much clothes then, scarcely a second suit—he always paid me his rent when he fetched his money from his work—he was in work then at a sugar bakery—before that, he worked at Mr. Wagner's, a butcher's, but he was not lodging with me at that time—he came to lodge with me when he joined the sugar bakery—I knew from him that he had been at a butcher's—he left my house about the 20th September—he said he was going to Germany—after some little time, he returned—I don't know the date; it was on a Wednesday—he had been gone about a fortnight, as nigh as I can recollect—when he came back, he came in company with a young man—he brought him with him—he asked me if I could oblige this young man by taking him into my place, and he told me that he was a gentleman—I said, "Well, Charley, if he is a gentleman, our place is only for poor men lodgers"—he called him "John"—he was a very handsome, nice-looking young man, a gentleman in every appearance—he was not much taller than Kohl, but a different made man altogether; he was very fair and slight, a gentleman built—I told the prisoner that my lodging was not fit for a person in that station—I ultimately agreed to take him in, and he came—after he had been with me some time, he asked me to take care of some things for him—it was six
sovereigns, a silver watch, an Albert chain, a gold one, as I reckoned, it was a yellow one, a gold ring, and a neck-handkerchief ring with a piece of coral in the center—he also left a white pocket-handkerchief with me; that he returned for the next day—the prisoner was frequently with him after he came to lodge with me, inviting him out with him, two or three times a week perhaps, sometimes more; and if there was anything I could not understand, I used to go and fetch Charley to tell me what he meant—the prisoner was not in work at that time—the deceased left me on the Monday, and came on the Tuesday for his things—it was just a month from the time he left me to his body being found—he owed me something at the time he left—I wanted fifteen shillings—he came with the prisoner on the Monday night for his things—there was an objection made to his paying so much—I charged 2l., and there was a balance of fifteen shillings—Charley said that it was too much, and I kept his things that night in consequence of his declining to pay—on the following day, a man they called Butcher came, and fetched his things away, and paid me the money—when we were talking about the amount he owed me, the deceased told me in the prisoner's presence that he had four sovereigns and 7s. 6d., and if he changed the four sovereigns, he should not have sufficient money to go to New York—he said nothing about any other money—he asked if I would take the 7s. 6d.—I said, "No, "and Kohl said he was a friend of his, and a dear friend—I saw him once after his things were fetched away—that was on the same day, the Tuesday, when he fetched pocket-handkerchief—I never saw him alive after that—(looking at several articles produced by Sergeant Clarke) I believe this to be the deceased' swatch and chain, and his portrait is in this locket—I believe this gold ring to be his—I don't know this gold handkerchief-ring; I have never sworn to it—it is not his handkerchief-ring—this is his pin; the ring I have not seen yet—I have examined the clothes—I am sure they are the same the deceased entrusted to my care—here are two pairs of shoes—these I do not know; these I do; and there was a pair of spring sides—this is a likeness of the young man (produced)—I should know him by that—I am sure these things were his; his portmanteau was full of things—I helped to lift it once; it was perfectly full, and locked up, and his hat-box was sealed with three different seals, to go to New York, as he told me when he left my house.
Q. Was he a quiet, orderly person in the house? A. He was a very nice young man—he was like other young gentlemen, he would go out and enjoy himself, but he was a very nice young man in the house; nothing at all out of the common, as to drinking or anything else.
Cross-examined. Q. How long was the prisoner with you? A. He lodged with me three months—he was always a peaceable, quiet man—I never saw anything wrong of him in my house.
JAMES WARREN . I am the husband of the last witness—I remember the deceased coming to lodge in my house—I afterwards saw the head that Was found in the Marshes, and identified it as his—I always knew him by the name of John while he lodged with me—I never saw him after he left my lodging—I was at home getting my supper when he came back on Monday night—there was a settlement of his account with my wife—I stood against door; I did not go into the room.
Q. Did he at any time give you some of his things to take care of? A. On Sunday evening, the 2d October, I was out with him for a walk, and he gave me six sovereigns and a watch to take care of for him, and he left me—he was along with a party, and I told him to mind where he was going to
as he might, perhaps, have been along with a different party to what he thought—I had the things in my possession about two hours—this is the watch—this key he showed me on Monday, 3d October—it is a peculiar key; he explained the use of it to me—I know this to be the key.
ELIZA WHITMORE . I am the wife of Frederick Whitmore—we occupied a back room in the prisoner's house, in Hoy-street—we went to lodge there on 11th October—we paid four shillings a week—I remember seeing the prisoner go out on Thursday morning, 3d November, about half-past 9 o'clock—the young man that they used to call John was with him, the young man who is now dead—the prisoner was dressed the same as usual, with a rough coat on and dark trousers—that was the only dress I ever saw him in—the deceased had on black trousers and a long overcoat—the coat was very dark, but I can't say whether it was black or not—he generally wore a little tie, and a turn-down collar—I did not notice whether he wore that on that morning—I did not notice how high the coat was buttoned—he generally wore it buttoned all up; but I do not remember how he wore it on that morning—he had a cap on his head—I next saw the prisoner at very near 3 o'clock—I heard him when he came in at 1, but I did not see him, only through the window—I saw him when he came in the hall, through the back parlour window—that was at 1 o'clock—he was then brushing his coat—he had his coat off—I was in the back parlour, and he was in the yard—I saw him through the window;—I saw that his coat was muddy—no other part of his dress was muddy that I saw—he stayed at home about a quarter of an hour—I did not speak to him at all during that time, or he to me—I saw him pass my door as he left the house—I next saw him a little before 3—he said he had been to look for the young man that he had missed, and. I asked him if he had found him—he said, "No"—he said he and the young man had been up to London, and he had missed him in the Commercial-road; that he went into a sugar-house, and left the young man outside—he did not say what sugar-house it was—he said it was a sugar-house in the Commercial-road—I asked him if he would go to Germany without the young man, as he had missed him—he said, yes, he would go; then he said he would wait two hours, and see if he came home before he would go—he then looked up at the clock, and said if he waited that time he should be too-late to go, as the boat went at half-past 5, and he would go at once and break open the young man's boxes—I said I thought the young man had missed him on purpose, because he had no money—Kohl said he had money, for he showed him 4l. 10s. that morning—he then took a little poker out of the kitchen fire-place, and went up stairs with it—I did not go up with him; his wife's cousin did—he was in the kitchen, and Kohl said, "Some one come and see me break the boxes open, "and he was the only one that would go up—when the prisoner came down stairs again, he said he had broken the boxes open, and John would never come back, for all his things were gone—the prisoner did not go out again quite directly—he said he could not go to Germany then, for he had not got money enough—nothing more passed until he went out again, at a little past 4—he came back about 5—I noticed that he looked very ill when he came back, and I asked him if he had had any dinner that day—on the evening of that day he came to my door and said, "You know I was asking you about a knife I had missed in your room some time ago; here it is; I have found it in John's boxes;" and he showed it to me—this (produced) is the knife—I had seen that knife before—the prisoner was putting up a roller with it in my room the day I went into the house—that was the first time I saw it—he showed it
me again on the Thursday morning, and I saw him peeling an apple with it on the Sunday afternoon.
Q. On that Sunday night did you hear the prisoner ask your husband about being called? A. He did not ask my husband particularly; he asked to be called, and my husband was present—he asked Mr. Wade; my husband heard him, and being up first, he called him—what the prisoner said was, would Mr. Wade call him when he got up in the morning—my husband an 1 Mr. Wade both got up at half-past 5, and whoever was up first called the other—I heard my husband call him on the Monday morning, about half-past 5—I heard him get up, and come down stairs and go out, I should think, about ten minutes after he had been called, as soon as my husband was gone—I saw him again between 7 and 8 that morning; he was then sitting at the kitchen table—I asked him if he had got the work he had been after—he said, yes, he had got it, but the gentleman had gone to Scotland, and would not be back for four days, and then he was going to work—I went to lodge at the prisoner's house on 11th October—during all the time I was there he had no work—they always seemed very poor—his wife has often said she wished he would get work, for she did not know what they should do if he did not—that was said in his presence.
Cross-examined. Q. You have said that when the prisoner left your house in company with John, on the morning of 3d November, he was dressed in dark clothes? A. Yes; I can't say whether he had a shawl round his neck, or anything of that sort—ho generally wore a red worsted comforter round his neck—I can't say whether or not he had it on that morning—my attention was not particularly attracted to him when he was brushing his coat—I only looked out of the window, and saw him do it—I thought nothing at all about it at the time—I took no particular notice of what he was doing.
FREDERICK WHITMORE . I am an engine-driver, and am the husband of the last witness—on the Sunday evening after the German was missing, the prisoner asked Mr. Wade, as we were going to bed, if he would be kind enough to call him in the morning—I called him at half-past 5 in the morning—he answered—after dinner on that Monday when I spoke to him, he said he had been down to the sugar-bakery to seek for employment—I asked him the reason he did not get it—he said the gentleman had gone to Scotland, and when he came back again he would go to work—that was the sugarbakery on the Plaistow-marshes, against the Victoria Dock.
MARY ANN WADE . I am the wife of Mr. Wade, a blacksmith—we lodged with the prisoner at 4, Hoy-street—I knew the young man called "John"—on the morning of 3d November, I saw the prisoner and John go out of the house together, about half-past 9 o'clock, as near as I can say—I did not see in what direction they went—the deceased had on a black coat, and the back of it was painted with red paint—he had a blue cloth cap on—I believe the prisoner had on a billy-cock, one of those round hats, and, I think, a mixture kind of a coat—the prisoner came home again about 1 o'clock that day—I let him in—I observed some mud on his clothes; the legs of his trousers, and the elbows of his coat, at the back—it was a clayey kind of mud—I have since been and seen the reed-bed—the mud on his coat was the same colour as that in the reed-bed—I believe the streets were dry at that time—I don't recollect exactly whether it was dry or wet weather—I said to the prisoner, "Good gracious, Charley, where have you been to in the mud?"—he said that he had got it in a butcher's cart—he went through into the back yard, and brushed his clothes—I saw him take a brush out of the coal-cupboard, and go out to brush them—he asked me where his wife
was—I told him she had gone out to the mangle—I asked him where John was—lie said he had left him outside of the sugar bakery—he did not say what sugar bakery—he did not say anything more to me then—he remained in, I should say, about twenty minutes, not longer—I saw him go out again—he said he was going out to look after John—he returned about 3 or half-past—I asked him if he had found John—he said, "No"—I asked him if he would go to Germany if John did not come back, and he said, "Yes"—he said if John was not home in two hours, he should go and break his boxes open—the prisoner's wife said, "If you wait so long as that you will be toolate to go; "and he said he would not wait another minute, he would go and break them open—he took his cousin, Mr. Skeldon, up stairs with him, and went and broke them open—I did not go up with him—John's room was upstairs—he remained upstairs about ten minutes—I saw him when he came down—ho said John would never come back, as all his clothes were gone—I asked him if he was going to Germany—he said no, he could not go, because ho had got no money—he went out after that—he came home again about 5 o'clock—he looked very bad when he came home then—his face looked pale, and his eyes were sunk in his head—this chopper (produced) belongs to my husband—we had had it in the house for some time—I had lent it to the prisoner—ho used to have it to chop wood with—he bad it shortly before 3d November—I can't say the exact day that I lent it to him—he had it some days before that—I got it back from him on the Friday morning; I mean the Friday after Thursday the 3d, after the deceased was missing—this red point at the top was not there when I lent it to the prisoner—I went out and asked him for the chopper on the Friday, and he took it up off the fender and gave it to me, and said he had painted it becaues it was loose in the handle, and it would "keep it on tight—he did not say that in answer to any question of mine; I only asked him for it, and then he told me he had painted it—I did not lend it to him again after that; lie never had it after—I have had it ever since, and gave it up to the police—I saw this knife (the one produced) in Mrs. Kohl's possession on the Sunday—she was cutting up a fowl with it—I am clear about that knife.
Cross-examined. Q. You say you lent the prisoner the chopper some days previous to the Friday when he gave it back again? A. Yes; I am quite sure I did not see the chopper between the time I lent it to him and his returning it—I am sure I never saw it—I recollect the Wednesday before 3d November—I can't say with certainty that I did not see him with it on that day; I cannot say exactly the day I lent it to him—I did not see the chopper on the Wednesday—I did not see him paint it on the Wednesday—I never saw him paint it at all; I am quite certain about that.
JOSEPH SKELDON . I live at 4, Nelson-street, Plaistow-marshes—I am the cousin of the prisoner's wife—I was at his house on 3d November—between 3 and 5 o'clock in the afternoon I saw him there—he said that John had gone to London, and he would not come back again, because he had taken all his things with him—he asked me to go up stairs with him to break the boxes open—he had said that he had taken his things with him before he asked me to go up stairs; I am sure about that—I went up stairs with him; he had a small poker; he broke open the boxes—there were two boxes—there were only a few collars, an old pair of trousers, and an old shirt in them—that was all in the two boxes—the prisoner pulled a knife out of one of the boxes, and said that John had stolen it of him, and put it in his box—it was a similar knife to this produced but I cannot swear to it—I don't know what became of it—I did not see what the prisoner did with it.
HENRY LEES . I work at Plaistow-wharf, and lodge in Hoy-street, at the house of a person named Zilch—I know the prisoner; I also knew the deceased—on the morning of 3d November I saw the prisoner and the deceased with him—they were walking towards the reed bed on the bank of the River Thames—I know the spot where the body was afterwards found—there is a path along the embankment—they were on that path—(looking at a plan)—they were going in a direction from Hoy-street towards the reed bed—they were on the path of the river bank—I have since visited the spot were the body was found—I know the creek—there is a stile as you go from Plaistowwharf towards the spot where the body was found—I see Plaistow-wharf marked upon this plan—I know a place called Corry's-hut—they were going from Plaistow-wharf to the other side of Corry's-hut—they were nearer to the reed bed than to Hoy-street when I first saw them—they had not passed Corry's-hut when I saw them—they had not got as far as the stile—at the end of Plaistow-wharf there is a turning that goes round to the left, and I lost sight of them there—when I first saw them they were between the sugar-bakery and Plaistow-wharf, walking in the direction of the reed bed, and when I last saw them they had got to the end of Plaistow-wharf—I was at work at Plaistow-wharf at the water-side—it was about 10 o'clock in the morning that I saw them—it might have been five minutes before 10, or it might have been five minutes after 10; it was near upon 10—I never saw the deceased alive after that—I next saw the prisoner the same evening after I left work, about half-past 4 o'clock, at Zulch's, No. 2, Hoy-street, where I was lodging—I spoke to him—he spoke to me first—he said he had missed the young man, John, who had lodged with him; that they had both been up to London; that he (the prisoner) went into the sugar-house, and left John outside, and when he came out John had gone—he did not say what sugar-house—I said in reply, "I saw you and John this morning down on the banks of the River Thames"—the prisoner made no observation upon that.
Cross-examined. Q. How near were you to these persons when you saw them? A. I think about fifty yards; fifty or sixty yards—I was at work at the time, rolling barrels of oil—I kept on with my work—I made a remark to the young man who was working with me at the time—I said, "There goes two Germans who goes into Henry's, "meaning my landlord's—and the young man said, "Oh! is it?"—my landlord is a German—he has not had a great number of German friends coming to visit him; not while I was there—there is a sugar-bakery down in this neighbourhood—I don't know that a great number of Germans work there—I never worked there; I think I have seen three more Germans at Zulch's, beside the prisoner and the deceased.
MR. HANNEN. Q. You say you have seen some other Germans? A. Yes; I knew them.; they came to Zulch's—the prisoner also came to Zulch's—it was not one of the other Germans I have spoken of, that I saw walking along towards the reed bed.
THOMAS WILLIAM HUDSON . I am a labourer—on the morning of Thursday, 3d November, I was on the river bank within six yards of Corry's-hut, walking towards Woolwich—it was from 10 o'clock to a quarter-past 10—I saw the prisoner and the deceased that morning—they passed me on my right-hand side; I had seen them in company before—they were going in the same direction as me, towards Woolwich; towards the reed bed—as near as I could judge, I should suppose they were about 150 yards from the beginning of the reed bed at the time they passed me—I was going to Silver-town
to see a foreman, to see if I could get a job, and went across the meadow to get into the main road—I left the path on which they were walking, and lost sight of them.
HENRY ZULCH . I am a German, and am a shoemaker—I have known the prisoner for some time, I cannot say how long—I knew him when he was with Wagner, the butcher—I can't say how long ago it is—I live at No. 2, Hoy-street—the prisoner lived at No. 4—I knew the young man Fuhrhop, who was called John—I never heard his name; he lodged with me four nights—he slept at my house, and got his meals from Kohl—that was after he had left Mrs. Warren's; the first four nights after that he slept in-doors with me—after he left me, he went to lodge with Kohl—I used to see him sometimes after that, and I saw Kohl sometimes; I saw them together sometimes—I recollect the Thursday in question—I don't know the date; it was the day the young roan was missed—I saw him and Kohl together on the day before that—the deceased was in-doors with me, and he asked me if I could do anything to his Wellington boots that he had on, as he should like to go on Thursday to Germany—Kohl was in-doors that Wednesday; he fetched Fuhrhop first to dinner, and afterwards to tea—I saw the prisoner on the Thursday, the day Fuhrhop was missed, about 12 or half-past 12 o'clock; he came to my house—he told me he had lost the young man up in London—he said he was at an iron sugar-house in the Commercial-road—I know that iron sugar-house; I can't tell how far it is from my house—he said he had gone into the sugar-house to ask for work, and told the young man he must wait in a public-house for him; that he came out of the sugar-house, and when he went to the public-house, the young man was gone—I asked him whether the young man had got money—he said he had got 4l. 10s. in his pocket—I said, "Perhaps some girl met him, and perhaps he spent the money with her"—Kohl said if he had gone and spent his money, he would tarn him out of doors when he came home in the evening—he said he owed him four week's rent; that was 2l.—he said he had lent him a ha'-penny to go over the iron bridge; that he would not change the, 4l. 10s. because that was the money he had got to go over to Germany with—Kohl, his wife, and Fuhrhop were all three to go to Germany together—he said he lent him a ha' penny, that be might not have to change the 4l. 10s. and that he (Kohl) was short of money—the iron bridge he spoke of is an iron bridge that goes from the Victoria Dock to Poplar—I cannot say how far that is from the iron sugar-bakery—I could walk from my house to the iron bridge perhaps in ten minutes; it leads from the Victoria-dock to London—you have to pay a happen to go over it—Kohl came in on the Thursday evening, about 4 or half-past 4; we spoke together, but I cannot say what we talked about—I saw the body some time afterwards, when it was discovered, and recognised it as the body of Fuhrhop—I saw the body, and also the head—there was a pair of black trousers and a pair of boots on the body when I saw it—I was able to recognise the boots as those that had been worn by Fuhrhop—he wore the left cot inside; I observed that—he had asked me if I could do anything to it, and I could swear those were the same boots—I recognised them as those I had been asked to mend.
Cross-examined. Q. When the prisoner came to your house the second time, between 4 and half-past, did he make any inquiries of you about Fuhrhop? A. Yes; we spoke of Fuhrhop; I cannot say what wo spoke; he did not ask me if I had seen Fuhrhop again; he did not say anything about that.
and also a greengrocer's shop—I recollect Saturday, 5th November—I saw the prisoner between 7 and 8 o'clock that evening—I had known him before—he purchased two cabbages, and gave me a shilling in payment—he took it from his right-hand pocket; it was loose—when he put his hand in his pocket to pay for the cabbages, he drew from it a handful of money—there was gold, silver, and a very few coppers with it; judging from what I could see, I should say there were five or six sovereigns, besides silver—I said to him at the time, that if I had as much money as that, I should have a glass—he shook his shoulders, and passed the remark that he was going to Germany on the following Tuesday, and when he came back he should open a beershop—I gave him change for his shilling, and so the interview ended.
Cross-examined. Q. Had you known him before that day? A. Yes.
MATILDA HARRIS I am the wife of William Harris, of 2, Matilda-terrace Hoy-street—I keep a general shop—I know the prisoner—he came into my shop one Saturday evening—I don't remember whether it was the 5th or the Saturday before—it was the evening that Mrs. Frauklin came in—he asked me for change for a sovereign—I told Mr. Harris, who was sitting in the parlour, and he gave him the change at my request, and took a sovereign for it—I was serving Mrs. Franklin—I can't say the time exactly, I believe I lit the gas while he was in the shop, it was somewhere between 5 and 6 I suppose.
Cross-examined. Q. Did you know him before? A. I had not seen him above twice before, I think—he had been in my shop twice before.
MR. SERJEANT BALLANTINE. Q. I believe your husband is subject to epileptic fits? A. Yes, he is; but he is outside.
EMMA FRANKLIN . I am the wife of William Franklin, of 3, Arthur-street—I was in Mrs. Haris's shop one Saturday evening—it was the night of Gun powder treason, the 5th of November—I remember the prisoner coming in for change of a sovereign—I knew him before as a neighbour—I saw the change given him.
JOSEPH WILLIAMS . I am a boiler-maker, and reside at 8, Hoy-street—in September lost I became acquainted with the prisoner—he was then lodging at Mrs. Warren's, he was then employed at a sugar bakery—he requested permission to pay his addresses to my sister; he became engaged to her, and ultimately married her on 2nd October last—before the marriage he went over to Germany—he said he was going to bring money and property to England to marry my sister—he was away between a fortnight and three week—he came back on a Thursday and he was married on the Sunday, 2nd October—when he came back he brought with him a young man by the name of John—I don't know that he said who the young man was, no more than he said he was John, and that he had brought him from Germany—he did not say what his business was, but the deceased told me that he was something in the merchant line, and he also told me that he was about going to New York—he did not say in my hearing where he had come from, but I believe he came from Hamburgh—the prisoner said they had known one another from childhood, and that their mothers had known one another from their infancy or for years—what he brought back with him from Germany was such as two small feather beds, a basket of apples, and two canaries in cages, and such trifling things as that; if he brought any money with him it was very little: the only money I ever saw with him was a sovereign, which he changed to pay for the marriage lines on 2nd October: that was the only coin of English money that I ever saw him with—the
prisoner and my Sister went to Sheerness immediately after their marriage—they were away from the Sunday till the Tuesday night—when they came back they came to my mother's house—they remained there, I think, till the Tuesday of the following week—they then went to No. 4, Hoy-street—that was the house where the prisoner was taken from—what I have just now stated was all the furniture the prisoner brought—my mother lent my sister some money, and she bought the rest of the furniture that they had in Poplar, to the matter of very nearly 3l. if not quite 3l.—she lent them 3l. if solid money from the Post-office bank, besides other minor sums, amounting to very nearly 4l.—the prisoner borrowed a portion of money from my brother at Sheerness to pay their fare back; my brother told me so—the prisoner was not at work after the marriage—he never did a day's work since the marriage—on Saturday, 15th October last, he showed me the ticket of a watch, and said John had given him the watch to pawn to buy victuals with—I saw the prisoner pretty well every day after the marriage down to the time of the body being found—I saw John on the Wednesday night, the 2nd, before he was lost on the Thursday, and they made preparations to go to Hamburgh—after the prisoner had been apprehended I went to see him in gaol—the last time I saw him at ilford I asked him what he wanted—he told me I was to fetch my cousin Bill—I asked him what for—he said, "He was with me on the Thursday"—I said "No, he was not with you at all—then he said, "He must Bay so."
Cross-examined. Q. The prisoner and the deceased were very good friends were they not? A. I always thought so—I know they went out together and pawned things sometimes at pawn-shops together—when I saw the prisoner at ilford gaol I can't say whether he was depressed in spirits and melancholy—I could not see him exactly' because of the wires—I only saw him, through the wires for about three minutes the last time I saw him—that was when he spoke about my cousin Bill—he spoke broken English and spoke quickly, because the keeper of the gaol was going to and fro—I can speak positively to the exact words he used; if I was going to die this moment he said that, in the very same language that I have used to-day.
MR. HANNEN. Q. Were you ever with the prisoner or deceased when any things were pawned? A. No, I am always at work—I know of things being pawned, because my sister told me so, and I can rely on her word—she told me they had gone out together without money in their pockets and came home together with money and victuals in their hands.
MARY JANE COOPER I am the wife of George Cooper, of 22, Francis-street, Plaistow—I have known the prisoner about eight months—I saw him on Monday, 7th November last, on the River Thames bank—I believe it was half-past 3 o'clock—I stood very nigh the stile on the river bank, and Charley was jumping the ditch—there are three stiles, two before you come to the reed bed—we were against the second stile, and Charley was jumping across the ditch against the third stile—there are two stiles close together—we were near the first of those two stiles, the one nearest to London—by Charley I mean the prisoner—he was jumping from the reed bed—there is a ditch that divides the reed bed from the bank upon which we were walking—it was that ditch that he was jumping over—he passed me and crossed down the bank and went in the direction of the graving dock across the fields—my sister Mary Cooper was with me.
Cross-examined. Q. Did you meet any one else that evening? A. Yes; there were several persons on the bank—I did not know them that I am aware of.
MARY COOPER . I am the wife of Henry Cooper, of 22, Francis-street, Plaistow—I was with my sister on 7th November last—we had come from the sugar bake house towards Silvertown—I know the reed bed quite well—I saw the prisoner come out of the reed bed and jump across the ditch to the bank to go towards Silvertown—I should say it was about half-past 3 o'clock as nigh as I can guess—the sun was just setting.
Cross-examined. Q. When were you first asked about giving your evidence as to who you bad seen that evening? A. I can't say when I was first asked; it was just before they came up here, a month ago—I did not give evidence before the magistrate or before the coroner—my attention was called to this before the case was sent here, at the station; I don't know the name of the place, I am a stranger in the place.
MR. GIFFARD. Q. Did you go before the magistrate although you were not called? A. I was called, but I was not up here before—my sister was examined both before the magistrate and before the coroner, but I was not called in—it was on Tuesday, after the 7th, that I heard of the body being found.
RICHARD HARVEY . I am an apprentice to a shipwright at Poplar—on Tuesday, 8th November, I went to the reed-bed near Plaistow-marshes, along with Mr. Gaster and a lot more, shooting birds—I went into the reed-bed; I had no gun—I found there the body of a man without any head; it I was I who found it first—there is a little creek going into the reed-bed from the Thames, and a path near that (looking at the plan)—I see it marked here—I found the body about fifty yards from the bank, and about ten yards from the footpath, which goes through the reed-bed—it was on the left-hand side as you go down, further down the river than the creek—the body was among the reeds; it was lying on its back, with the left hand on the breast—there was only a pair of trowsers and a pair of Wellington boots on it, and his shirt was half off his body; it was only a part of a shirt—when I came out of the reed-bed I told the other men, and they went in, and Mr. Gaster went for a police-constable.
JOSIAH GASTER . I am a ship-joiner, at 7, Grundy-place, Poplar—I was out on 8th November with Harvey shooting birds—Harvey went into the reeds, and called my attention to something—I went in and found the body of a man, lying without its head—we did not touch the body at all—I went I and fetched police-sargeant Bridgland—after he came the pockets were searched.
WILLIAM BRIDGLAND . (Police-sergeant, K 65). On the afternoon of 8th November I was informed of the body having been found in the reed-bed—I went down and found it lying in the reed-bed; it might be about fifty or a hundred feet from the river bank, and about twelve feet from the path leading down to the river—it was dressed in a pair of black trousers, Wellington boots, and a small piece of a shirt with the letters"0. B. 6"in ink—the portion of shirt was on the side; the left arm—I searched the pockets, and found a farthing and a small piece of paper—the body was lying on its back, with the legs quite straight—the right arm was lying over the chest, and the left was lying down by the side, with the hand extended—I observed the condition of the neck where the head had been severed from the body—there was a dent in the earth, apparently where the back of the head had been—small pieces of bone were lying by the neck, and a small portion of brain—the flesh had been eaten all round the bone, apparently by rats—the body appeared quite fresh, but there was no blood, or scarcely any—I had the body removed to the Graving Dock Tavern—I took the prisoner in custody that day at
half-past 11 o'clock at night, at the Plaistow police-station—after the charge was read over to him he said, "I well know where I was on that," and there he finished—on 10th November I went to examine the place round about where the body had been found, and forty-five feet from where it was found I saw a quantity of blood, mixed with water, in a ditch.
COURT. Q. Where was that, on the path or in the reed-bed among the reeds? A. It was at the side of the path.
MR. HANNEN. Q. What sort of place was it where you found the blood? A. It was at the side of the path—the path is made up there on account of its being very dirty, for the people to walk towards the shore—on one side it is about two feet from the top of the path, and on the other side it is not more than about one foot—the spot where I found the blood was on the deep side, the side next the reed-bed—I am speaking of the path that leads through the reeds to the river—the reed-bed extends on both sides of it—about the same distance from where I found the blood I found this handle (producing it)—it is the handle of a hammer or hatchet—I found that on the same day that I found the pool of blood—on Sunday, 13th, my attention was called to a spot by the witness Atkins, where he found a knife; it was twenty-two feet from where the knife was found to where the body was found—it was further from the path where the body was found, more to wards the outside of the reeds; the reeds are not so high there, not more than about four or five feet—it was towards the outside, where there is rather more grass than reeds—when I speak of the outside, I mean towards the river—there is a mangold-wurzel bank between the river and the reeds—I could see the spot where the body was found from the spot where the knife was found—I took possession of various articles, which were found on the prisoner's premises; I had them for some time, and then delivered them to Sergeant Clarke—there was a deal-box containing a railway-rug with a strap—I have a list of the articles found—in the portmanteau there was a ricestraw hat, a hat-brush, an album with some portraits, 4 copy-books, a shirt, 4 pairs of wristbands, 17 linen collars, 4 pairs of cotton socks, 4 small neckties and 3 large, and a letter-stamp with German characters on it, I don't know what they were; they are here; 6 small printed books, some old postage-stamps, a small looking-glass, a grey overcoat, a pair of old slippers, a hair-brush, a cigar-case, a cheque for 200 marks, a leather purse, and a medal—I also found on a shelf in the kitchen a pair of spectacles, a pair of images, a tobacco-pipe, 2 hat-boxes with hats in them, and 2 small round hats—I received a pair of shoes on the morning of 12th November from a witness—I also received some parcels of clothes from Mr. Darlow's, the pawnbroker's; Sergeant Clarke has them—I gave them to him—I took Mrs. Warren to the shop.
Cross-examined. Q. Tell me as nearly as possible whereabouts you found that wooden handle. A. About forty-five feet from where I found the blood.
WILLIAM RICHABDSON . I am the landlord of the Graving Dock Tavern, North Woolwich-road—about 3 o'clock on the afternoon of 8th November, when I returned home, I found the body of the deceased lying in my out house—it had been brought there by the police—about half-past 4 that same afternoon I saw the prisoner; he was outside the house, about five yards from the door, standing in conversation with some other parties that were there—I went out to him and asked if he had not missed a friend of his—he said he had—I asked him where—he said in Ratcliff-highway; whether he said that he stopped to speak to a friend in the Highway, or whether he said
the deceased did so, I can't say—I asked him what time he left home—he said they left home at a quarter to 10 in the morning—I asked him if he had made any inquiry about him—he said, "No, I have not"—I asked him to go through the house with me to look at the body of the deceased; it had been recognised at that time by a man named Warren—I did not tell the prisoner whether it had been recognised or not—when I asked him to come through the house and look at it, he said he did not like to look at such sights as those—I said if I had missed on a friend I should be glad to go and see if I could recognise him—he then went through the house with me—the body was covered up in canvass—the first thing I showed the prisoner was the boots—he said those were not the boots that John went away with him in; he said he had a pair of shoes with three lace-holes in them—I then uncovered the trousers, and showed him the trousers—he said he believed them to be the trousers of his friend, the deceased—I then covered up the trousers and the boots with the canvass, and then uncovered the body and the bands—I pointed out to him where the first blow had been struck in the neck; it was within about the sixteenth of an inch of being through—directly he saw that he made a turn and took himself to the wall, to take him self away from the body altogether—I said, "From your appearance I think you know something of this affair"—he had become deadly pale—I had shown the body to other parties previously, but saw no one to resemble the same countenance as the prisoner—I put my right hand on his right shoulder, and told him I should apprehend him on suspicion of being concerned in the murder—he dropped his hands and fell against the wall; he never made any reply at all—I then brought him through the house and called police-constable Wills, K 82, and directed him not to lose sight of him.
Cross-examined. Q. You say he was standing outside your house? A. Yes—I believe the body bad been there about half an hour before I arrived home—there were several persons standing outside the house besides him, a great many, talking over the affair—the body was in the same state when I showed it to him as when it was brought to the house; nothing had been touched; it was dirty and bloody, the hands and other parts eaten away by the rats—it was a frightful spectacle—he seemed very much affected by the sight.
FRANCIS WILLS (Police-constable K 82). I was on duty at North Wool-wich-road on the afternoon when the body was found—I went into a shed with the prisoner—Mr. Richardson, the last witness, was there at the same time—he said if he was me he would keep an eye over that man—I went away with the prisoner—I went from the Graving Dock Tavern to No. 4, Hoy-street, the prisoner's house, and remained in the house—the prisoner was in my sight during the whole time I remained there—I was in the back kitchen—he remained there while I was there—Inspector Nightingale came and apprehended him there.
DANIEL HOWIE . I am a superintendent of police—on the evening of 8th November I went to the prisoner's house—I asked him if there was a young German man missing from his house—he said there was—I asked him how long he had been missing—he told me since the previous Thursday—he also told me that he had made the acquaintance of this young man in a recent passage from Hamburgh to London—I asked him when he last saw him, and he told me about 1 o'clock on the previous Thursday; that they had gone out together in the morning to the London Docks to look for a ship, and they could not see the kind of ship they wanted; from the London Docks they had gone to a sugar bakery in the Commercial-road, which he described
as being at the west end of the Commercial-road; that while he had gone in to the sugar bakery he left his friend outside, and on his return into the street he had gone away, and he had not seen him since—he also told me that the deceased wan was without money, and his expression was that he bad not one halfpenny; he mentioned that two or three times—I asked if he had been to the Graving Dock Tavern to see the body—he told me he had—I asked if he could identify it as the body of the missing man—he said that it had no head and he could not say—I then questioned him with regard to the clothes, and he told mo the trousers were like those of the missing man—I then consulted with Inspector Nightingale, who was with me, and by my direction he took the prisoner away, with his wife, to have another look at the body—I also told Mr. Nightingale to bring him back to the police-station, not to part from him.
Cross-examined. Q. When he told you about having missed his friend did he speak to you calmly and quietly! A. Yes, perfectly so.
JAMES JONES I am a lighterman—on the morning of 9th November I went to the reed bed to do my work—I did not go to search for the head—I saw a hole with fresh blood on it, a rat's hole—I called Mr. Goode and showed him the hole, and I saw him dig the head out of that hole.
GEORGE RICHARD GOODE (Thames Police-Inspector). I went to the reed bed on 9th November, about half-past six in the morning, to search for the head of the body that had been found—I was searching for about an hour and half—I met the last witness Jones about half-past 7 near the spot—he called my attention to a hole in the ground where blood could be seen; it appeared to be a rat's hole—I removed the earth and found the head of a man, which I dug up and afterwards conveyed to the Graving Dock Tavern, and gave it in charge of K 82, who had charge of the body—the earth round the hole appeared to have been trampled down as if by a foot, but no impression of the heel was left.
EDWARD JOHN MORRIS . I am a surgeon in Barking-road, Plaistow—on the morning of 8th November I was sent for to see the dead body of a man about half-past 11, at the Graving Dock Tavern—the body had no head at that time—I found the muscular fibers of the neck all eaten away, apparently by the rats; the clavicles and vertebrae were laid bare—the cervical vertebrae had been severed as if by a chopper or some sharp instrument—there had been an attempt to sever the vertebrae a little lower down, but it had only partially succeeded—there were several incisions on the skin at the front part of the neck, partially dividing the skin—a knife or some sharp instrument had been used in the first place, and there had been several attempts made to divide the skin, as if it had been done by an instrument that was not very sharp—the instrument was sharp enough to divide the skin and muscles, after several attempts being made to do it—two instruments had decidedly been used, a knife or an instrument of that kind, and a hatchet or chopper or some heavy instrument, I mean an instrument of the kind produced—the body was eaten by rats in different parts; the skin and part of the muscular fibre of the left shoulder were eaten away, and also two places on the right arm, and the flesh from both hands was gnawed away, but more extensively from the left—I did not discover any marks of violence upon the body except those I have spoken of about the neck.
Q. Could you judge from the appearance of the body how long it had been dead! A. Yes—taking into consideration the state of the weather, being dry and cold, it might have been dead four or five days—on the next day, the 9th, the head was shown to me—it was covered with dirt—a clayey
mud—I gave directions to have it washed, I afterwards examined it that same evening—I found part of the right check and some portion of the scalp eaten away—I found an extensive wound at the hack of the head—on the left side was a fracture of the occipital bone; there was a fracture of the angle of the left jaw and laceration of the left ear—there were two fractures of the frontal bone, one on the right and the other on the left side; the one on the right side was done apparently by a chopper or hatchet and the one on the left side by a hammer or some similar instrument, a blunt instrument—that was the external examination—on the 11th I made a further examination of the head and body, and, in addition to the injuries I have already described, I found a very extensive fracture of the left temporal bone—that would be done by a blunt instrument—such wounds would cause death—two of the wounds were inflicted by a sharp instrument and two by a blunt one—this chopper is a weapon that would produce both kinds of injuries—in my judgment all the wounds I saw on the head could be inflicted by that instrument.
Q. Having spoken of the body and of the head, can you give any opinion as to whether that head had been cut off at the time of the murder, when the body was warm, or subsequently, after the body was cold.
COURT. Q. Can you say how long after! A. I could not say how long after, but in my judgment it was decidedly out off after the body had been cold some time, from the appearances—there was no muscular contractivity; the skin did not contract or the muscles either, which would be the case if cut off warm; it would be at least some hours after.
MR. SOLICITOR-GENERAL. Q. You made an examination of the body; was it otherwise generally healthy? A. Perfectly healthy.
DR. HENRY LETHEBY . I am a professor of chemistry—I was consulted upon this matter, and had the hatchet that has been produced handed over to me—I examined it by such tests and means as I possess—I found on this broken part of the edge a small quantity of brownish matter, which I removed and submitted to examination under the microscope—I have it here in the same state in which it was when I removed it—I found some fibres of cotton and also some fibres of wool, some of which were dyed of a red colour, and one of the fibres of cotton was dyed with magenta red—those fibres were bound together with a brownish matter, mixed with rust of iron; the nature of that brownish matter I could not determine; it must have been liquid originally, for the fibres were bound together by it—I also found there some of the epithelium or surface skin of the human body; it was altogether mixed with this clot.
Q. With regard to that clot, were you able at this distance of time to discover whether it was human blood or not! A. If it had not undergone what may be termed an artificial coagulation, that is, coagulation by the agency of heat, I could have determined that point, but it was a brown matter, such as any blood would be coagulated artificially, and I could not determine the nature of it under these circumstances—the piece of skin I speak of was very minute, but still it was very marked—there are, I should say, at least thirty scales of epithelium here.
COURT. Q. Can you distinguish the scales of the epithelium of the human body from any other? A. Yes, the epithelium of the human body is very marked—I ascertained this to be human skin, I have no doubt about it.
MR. SERJEANT BALLANTINE. Q. Did you then remove the handle from
the hatchet! A. I did, it was very firmly fixed, so much so that I had the greatest difficulty in removing it—I did not perceive any motion in it; it was very tightly fixed—at the time I saw it it had on it the paint that is there now—it is now in the same state, with the exception that at that time it was not broken around the edge between the wood and the hatchet, it was then perfect—I should say the paint had no effect whatever in tightening the handle; there was no paint between the hatchet and the handle.
JURY. Q. Was the brownish matter you speak of the same sort of thing as the paint! A. No, there is a great deal of difference between the colour of the paint and the other—I have examined the paint—the brownish matter was here, where this broken notch is (pointing it out).
MR. SERJEANT BALLANTINE. Q. I think you say you took the handle out and found no traces of paint below the surface! A. A little had soaked in, but there was no trace of the wood having been covered with paint when the blade was out, nor could I find any blood there—I have had some clothes delivered to me by Sergeant Clarke—(looking at the prisoner's coat produced by Clarke)—I examined this coat, and cut a piece from the lower part of the left skirt, a portion of which I have examined chemically, by solution in water—the other portion is here untouched—the result was that it was a blood spot, a stain of blood—it was about the size of a sixpence—I should think it would have covered the whole surface of a sixpence, or very nearly—you can see where I cut it out, it is rather larger than a sixpence—there were other stains on the coat, but I could not find any other blood stain.
COURT. Q. Are you able to say whether that blood spot was human blood! A. I cannot say positively as to that; it had all the characteristics of human blood—the blood of many other animals is like human blood—it was not the blood of a reptile, or of a bird, or a fish.
JURY. Q. What kind of analysis did you make! A. In the first place a portion of the surface of the cloth was scraped off on glass and examined under the microscope—it was observed that the blood had coagulated upon the fibres, and that the coagulation was of that kind which we call living coagulation; that is, that the blood had coagulated by a living process upon the cloth.
COURT. Q. You mean shortly after it bad left the body! A. Shortly after—blood immediately removed from the living animal coagulates by a spontaneous process—the coagulation had gone on upon the cloth—the microscope does not discover albumen—the coagulation was fibrinous, not albuminous—the living coagulation is by fibrine, not albumen—the piece of cloth was then put into a test tube with a few drops of water, and I obtained a solution of blood which, contained the colouring matter of blood, not bleachable by common processes—it was tried with chlorine, which will bleach almost any other colour, but will not blood—it was then subjected to heat, and I found that it contained soluble albumen which was thus coagulated—those are the characteristics which enabled me to speak very positively that it was blood, and that it was living blood.
Q. But you could not say whether it was human blood! A. From the measurement of the globules, they were about the same size as the human, about the four thousandth part of an inch, but as many animals have the same sized globules I cannot undertake to say it was human blood.
MR. SERJEANT BALLANTINE. Q. Were there any stains of paint on the coat! A. Not on the coat—I examined the waistcoat: on the front part, a little above the pocket on the right side I found a spot, which, from examination
in the same way, I discovered to be blood, and living blood—I mean it must have been there within a quarter of an hour after it escaped from the body.
JURY. Q. How long does blood live! A. Not a quarter of an hour, it will then set, and then it will undergo no further process of living coagulation.
MR. SERJEANT BALLANTINE. Q. Were there spots of paint on the waist-coat? A. I found paint on the back of the waistcoat of exactly the same description as that on the top of the chopper, and also on the lower and outside part of the left leg of the trousers—that on the waistcoat appeared to have been smeared as if rubbed over something, the other appeared to be splashes—I was not able to discover whether there was anything underneath the coating of paint on the hatchet or on the clothes—I submitted all these to careful examination, and I did not discover, where the paint was, any signs of blood—I expected to be able to do so—I removed a portion of this, thinking that as oil paint is not soluble in water, I should be able to get at it in that way, but I did not find any blood on the top of the chopper.
Cross-examined. Q. There were not many spots of blood, I think, on the clothes, were there! A. Only two that I could find, on the front left side of the coat and on the right side of the waistcoat pocket—each of them was about the size of a sixpence—the one on the coat was perhaps a little larger.
JOHN WADE . I am the husband of the witness who has been examined—this chopper is my property—this is the original handle to it—I fitted it in myself—it has been turned—the prisoner turned it when he had it—I knew the deceased very well—his hair was a light brown.
JOHN ATKINS . I am an engineer, residing at North Woolwich—On 9th November, between 11 and 12 in the day, I went to the reed-bed in Plaistow-marshes where the body had been found—I found this knife there—I pointed out to Sergeant Bridgland the spot where I found it—it was shut—I did not examine it particularly at the time—as I picked it up I laid it on my hand and saw that it looked clean, and put it in my pocket—when I got home my wife made a remark that there were some hairs sticking out at the back of the spring—I had the knife half open, reading the maker's name—I turned it up and caught hold of the hair, and the knife dropped—I did not notice the colour of the hair.
CHARLOTTE ATKINS . On 9th November my husband showed me this knife—I examined it—I saw two hairs sticking out upwards at the back of the spring—the end of the hair was in the knife, and the root was sticking outwards—it was very light hair—I should call it a very light brown—I said to my husband, "My gracious, here is hair sticking out of the back of the knife"—he caught the hair, and the knife dropped from it—I said, "What did you drop it for?"—and he dropped the hair to pick up the knife again, and with that we lost the hair.
I received this knife from Smith, and took it by his direction to the Plaistow Police Station, and gave it to Sergeant Bridgland.
DANIEL HOUGHTON . I am a bargeman—I know the prisoner—I never saw him but twice in my life—I had known him by sight before I heard of the body being found—I had not known the deceased by sight—I saw him with the prisoner on the 15th October, when the deceased was shot; there was some accident about a pistol—the deceased said something to me about it—that was the time I believe I saw him and the prisoner together—the body was found on 8th November—on that day I saw the prisoner inside the sugar baker's premises, below the Victoria, near the marshes—I asked him whether he was the watchman there—this was about half-past two in the day, as near as I can tell—I asked him if he was the watchman, because I fancied there was something wrong about it—he said no, he was looking after a job—I asked him what had become of his friend that was with him, and was shot, three weeks before—he said he was gone to Germany—I asked him how long ago it was since he saw him—he said on the Thursday morning—he came outside on to the pier-head with us, and we tried to persuade him to go and see the deceased's body—he said he would go down—I told him before that there was a man found dead in the reed-bed with his head cut off, and he made answer, "Good God!"—I told him he had better go down and see the body, and he said he would—I told him it was at the Graving Bock Hotel—he started to go, but came back again—I saw him again that same afternoon, about two hours after; he came down to the Graving Dock Hotel—I was talking to K 82 about him, and a little boy jumped out of a cart coming up the road and asked me if that was the same man I had given a description of—I said "Yes"—the prisoner was present—he said, "Can I see him," twice over—he then went to Mr. Richardson's.
GEORGE CLARKE (Police-sergeant). I found the prisoner in custody at the Plaistow Police Station, when I went there on the evening of 8th November—I found this key in his trousers' pocket—the whole of his clothes were taken off, and I searched them afterwards—I also found this purse in his pocket—this is a peculiar key—it is the same that I handed to Mrs. Warren, and which she spoke to—the purse contained four duplicates, a sixpence, a penny, and a farthing, a watch-key, some shot, and a percussion cap—these are the duplicates—they are for two shirts pledged for 2s. on 19th October, at Wm. Darlow's, a ring pledged for 5s. at Darlow's on 12th October, a petticoat for 3s. on 17th October, and a shawl for 6s. on 11th October, also at Darlow's—in searching the prisoner's house I found in a box in his bed-room, the back room, a purse containing five duplicates, one is for a coat and trousers pledged on 12th October, at Darlow's, by Zulch; one for a shirt, vest, and handkerchief pledged for 5s. at Darlow's on 27th October by John Kohl; one for a coat, 7s., at Ashbridge's, Waterllo-terrace, Commercial-road, on 20th October by John Kohl; and one for a octet for 4s. at George Corner 's, Sydney-place, Commercial-road, on 28th October—I found a deal box and portmanteau down stairs in the back kitchen—they were pointed out by the lodgers in the house, I think by Mrs. Wade—I also found two hat boxes—I have the articles which the duplicates represent—they are some of the articles that I shewed to Mrs. Warren.
ROBERT WILSON . I am assistant to George Corner, a pawnbroker, of Commercial road—on 28th October the prisoner came to our shop and pledged a coat—this is the coat—it was wrapped in this handkerchief at the time—he pledged it in the name of John Koh!.
Cross-examined. Q. Was any one with him when he pledged it. A. No.
JOHN PINCKNEY . I am assistant to Wm. Darlow, a pawnbroker, of Victoria Dock-road—on 15th October a person, who I believe to be the prisoner, came to our shop and pledged a silver watch and chain in the name of John Kohl, lodger, 4, Hoy-street—on 27th October the same person pledged a shirt, a waistcoat, and a handkerchief in the name of John Kohl—on 29th October the same person pledged three shirts, a scarf, and trousers—on 4th November some shoes were pledged by a female who gave the name of Ann Kohl—these are the shoes.
JOSEPH HALL . I am also in the employment of Mr. Darlow—on 12th October this ring was pawned in the name of John Fuhrhop—I can't say whether it was pawned by the prisoner—I think it was pawned by the deceased himself—I can't say whether I had ever seen the person before that day—I have since seen the deceased's likeness, and I have a slight recollection of him, I can recollect so far that the person who came spoke broad, quite a different language—I can't say whether he had dark or light hair—on 19th October two shirts were pledged by a woman in the name of Ann Williams, 4, Hoy-street.
GEORGE MACKEY . I am assistant to Mr. Ashbridge, pawnbroker, of Waterloo-terrace, Commercial-road—on 20th October this coat was pledged at our establishment by a man in the name of John Kohl—I do not know the man.
CATHERINE ZULCH . I know the prisoner, we lived two doors from him—on 12th October my husband went to his house and asked him if he could lend him 12s.—he said no, he had no money, but if I would pawn his clothes for him, we could use the money—he lent me a coat and trousers, he brought them to my house—I pledged them for 12s—I afterwards paid him back the 12s., that same hour; I did not give him back the clothes or the 12s.; he pawned some clothes of mine for 12s. and took the money and brought me the ticket—his own clothes remained in pawn.
CHARLES WAGNER . I am a butcher in Victoria-road—the prisoner was at one time in my employment—about a fortnight before he went to Germany he borrowed 6s. of me—he shewed me a sovereign, and said he wanted to purchase some clothes for his young woman to make a present of, and he was going to return me the 6s. on the following Friday—I saw nothing of him afterwards till he returned from Germany.
ESTHER WILLIAMS . I live at Plaistow—the prisoner married my daughter on the Sunday after he returned from Germany on the Thursday—my daughter in his presence borrowed some money of me, £3 in his presence, and 5s. out of his presence, and I can't say whether it was two or three half-crowns, or two or three 2s. pieces, but it was just upon £A altogether—as far as I know he had no other means to get furniture or anything for the house—he never did any work after his marriage with my daughter—he never repaid me any of the money that had been borrowed; I never asked him for it.
THOMAS WILLIAMS . I am ft son of the last witness—I knew the prisoner a little while before he married my sister—they were married on 2d October I saw him from time to time after the marriage—when they went down Do Sheerness on the wedding-trip I paid their expenses back, and his wife arrowed 4s. of me—I was repaid the first sum, I think that was 11s.—I not know of his doing any work after his marriage—the 4s. my sister asked me to lend her in his presence, as Charley had no work and no money—I can't tell when that was exactly, I think it was about four or five
weeks after the marriage—it must have been very shortly before his apprehension.
JAMES LONGMAN . I am gate-keeper at the Iron Sugar bakery, Church-lane, Whitechapel—I was at the gate of the factory there on 3rd November—I let the persons who come there in and out—I do not recollect ever seeing the prisoner, either on that day or any other.
Cross-examined. Q. You see a great number of persons going in and out of this factory, I suppose! A. Yes; I am always stationed at the gate—I generally see all who come in and out—I generally take particular notice of every person that comes there—I could not recollect every one that comes in and out, if they were strangers to me.
MR. H ANNEN. Q. Who is the person that would see people who came for employment there? A. Mr. James Thomas—I should refer everybody who came for employment to him.
COURT. Q. is there any other sugar manufactory in that neighbourhood! A. Very near, but not in the Commercial-road—ours is the Iron Sugar bakery.
JAMES THOMAS . I am general manager at the Iron Sugar bakery—it is my business to engage persons who are employed there—the prisoner did not come there on 3d November to ask far employment—I never saw him to my knowledge.
Cross-examined. Q. I suppose you have clerks under you to assist you in the business? A. One—I have out-door business to do—I am occasionally out of doors.
MR. HANNEN. Q. Would you be the person to whom anybody would be referred? A. No one would be employed without I employed them—I am the person who would give an answer to anybody who wanted employment.
ANDREW STEWART . I keep a sugar-boiling establishment near Plaistow-marshes—I do not know the Iron Sugar-bakery in the Commercial-road—the prisoner was in my employment for about three months—my house is about 500 yards from the reed bed where the body was found—I saw the prisoner near my house, both on Monday 7th, and Tuesday, 8th of November—on the Monday I saw him at the corner of my own house—I spoke to him—I said I thought he was in Germany—he said he had been, but he had come back again—I spoke to him first; not he to me—he was looking after employment—he asked me for employment, at the same time, immediately after I had spoken to him—I could not be sure as to the time—it was one of those mornings, as early as half-past 6—I found him out side the house—he did not knock at the door—I came upon him, and addressed him first—the next morning, Tuesday, I saw him again before breakfast—I was coming out of my house, going in to the works—he was standing at the corner of my own house—I did not a peak to him on that occasion, nor he to me; nothing passed between us—on that second occasion—when he asked me for employment on the Monday morning, I said I did not want any hands just now—I did not tell him anything about my partner being absent in Scotland—neither of my partners were absent in Scotland.
THEODORE FUHRHOP . I am the brother of Theodore Christian Fuhrhop—he used to reside with me and my mother at Hamburgh—on 27th September, he left to come to London for the purpose of embarking for America—I and my brother saw him on board—I have never seen him since—he had plenty of clothes with him when he left—he had money, 8l. in gold, and it. or 5s. English money, and twenty or thirty thalers, in German money, I don't know which—a taller is worth 3s.—I have seen a watch, some clothes, and other articles, which Mr. Clarke has shown me, I recognised them as being
my brother's—as far as I am a ware he knew nothing of the prisoner—I had never known the prisoner.
FREDERICK HENRY CAIGER . I am an architect and surveyor—I made the plans produced—they accurately represent the places that they purport to represent—I have measured certain distances—from the Iron Sugar Works in Church-lane, Whitechapel, to Hoy-street, is three miles and 840 yards—from Hoy-street to the reed-bed, is about a mile and a half, following the footpath along the Thames; you might go a nearer way by cutting across a piece of pasture—the distance from the reed-bed to the Iron Sugar Works is four miles, 740 yards, wanting forty yards of five miles—that is the only road you can go, in the direct route—from Corry's hut to the footpath in the reed-bed is 440 yards, and from Corry's hut to the bend at the end of Plaistow Wharf is 240 yards—the total length of the reed-bed is a few yards over half a mile, from one end to the other—the police-constable Martin pointed out to me the respective positions of the head, the body, and the knife—the body laid about seventy yards from the centre of the footpath, on the river-bank in the reed-bed—the head was about forty feet further on towards the river, and the knife about twenty feet from the body, to the left, forming almost an equilateral triangle—I have marked on one set of plans, the respective positions occupied by the body, the head, and the knife—this is the plan—I have correctly marked the places pointed out to me by Martin—the points that I have put there explain those positions, with the references at the side—the body was forty feet nearer the path along the river-bank than the head.
HENRY MARTIN (re-examined). I saw the places where the body and head were found—I did not particularly see where the knife was found—I pointed out to Mr. Cagier the places where the body and head were found—I did not point out to him where the knife was found.
F. H. CAIGER (re-examined). Sergeant Bridgland pointed out to me where the knife was found—he did not point out the place or the spot, bat he described it to me at the station—I have measured from that description.
JURY. Q. We wish to know the exact distance from the reed-bed to the London Docks? A. That is a point I have not measured, but from my knowledge of London in measuring tables of fares for the Commissioners of Police, I can judge pretty accurately—the London Docks is rather over half a mile from the reed-bed, lying in a right line—I should say the distance from the reed-bed to the London Docks was about the same as it is to the sugar warehouse, only you turn down to go to the reed-bed—it is about half a mile from the docks to the sugar house—anybody walking from the reed-bed might do it in the same distance, but if they went the other way, they would have further to walk—the only way from the reed-bed to the sugar house is by the foot-path on the bank of the Thames, across the tidal basin, and one or two bridges and a passage over the railway exactly opposite Hoy-street, going into the East India Docks, and it is as nearly as possible five miles; of course if you go by steam-boat or railway, you can do it in less time—from the reed-bed, via the London Docks to the Commercial-road, would be about half a mile further.
LONDON AND MIDDLESEX CASES.
OLD COURT—Monday, January 9th, 1865.
Before Mr. Recorder.
— NOT GUILTY .
MR. MONTAGUE WILLIAMS conducted the-Prosecution.
THOMAS BAXTER . I am a clerk, and reside at 15, Princes-street, Mile-end-road—on Saturday night, 26th November, I was proceeding to my house, about half-past 11, going along High-street, Whitechapel—when I got about five doors this side of Osborn-street, the prisoner and four others came up to me—the prisoner took me by the throat with his right hand, and passed his left hand right round the back of my neck, and so throttled me by pinching my throat to such an extent that I could hardly breathe—while he had hold of my throat, another one came and rifled my right hand pocket—two sovereigns, two half-sovereigns, and a little silver was taken from it—I felt a hand in my left hand pocket—I had in that pocket, a silver watch tied up in a pocket-handkerchief—I immediately grasped that hand with my left hand—two of them immediately came; there was a signal given; a kind of whistle, the two immediately took hold of my left arm by the wrist, and completely screwed it round—I felt great pain, so much so, that I was obliged to go to the hospital—the prisoner let go his hold, and ran away—they all ran away up George-yard—immediately I recovered myself. I made a communication to the police-inspector—I gave him a description of the prisoner—on the following Friday, I went to the police-station, Leman-street, Whitechapel—I there saw the prisoner amongst seven or eight other persons—I immediately went round and took him by the collar, and gave him in charge as one of the men who had robbed me on the Saturday previous—I have no doubt whatever about his being the man.
Prisoner. Q. Whereabouts were you robbed? A. Close by George-yard—I did not pursue you; I was unable to do so—you all ran down George-yard—I did not see you exactly at the time—I don't know the distance between where I was robbed and George-yard; perhaps thirty yards—I could see you run down George-yard from where I was standing—George-yard runs out of High-street—I was robbed between George-yard and Osborn-street—the description I gave of you was about five feet ten inches high, dark hair, cut rather short, a slouched cap on, and a pockethandkerchief round your neck.
BENJAMIN ARCHER (Policeman, H 101). I received some information from the prosecutor—he gave me a description—on 2d December, I went to the Northumberland Arms public-house, in Fashion-street—I saw the prisoner there—I told him I should take him into custody for being concerned, with others, in robbing a gentleman on the Saturday previous, in High-street, Whitechapel—he said, "The gentleman might have been robbed, but I know nothing about it"—I took him to Leman-street station—I placed him among eight or nine other men, and sent for the prosecutor—he identified him immediately.
Prisoner. Q. Did I not say I would go quietly, that I was quite innocent of the charge? A. I believe you said you would go quietly—you did go quietly; there were four policemen—the description given me was, a man about five fact ten or eleven, high cheek-bones, dark hair—I did not say five feet nine.
Prisoner to THOMAS BAXTER. Q. What did the policeman say to you when he came to fetch you? A. He said they wanted me down at the
Leman-street station immediately, that they had taken a prisoner in charge there for the offence—he did not tell me how you were dressed, or describe you in any way—the policeman did not come down the steps, and tell me where you were arranged.
JOHN OLIVER (Policeman, H 218). On the night of 26th November, I was on duty in George-yard, Whitechapel, about a quarter to 12—I saw the prisoner running up George-yard—I think there were three or four men before him—I was coming out from the yard—I stopped the prisoner, and asked what he was running for—he said they were running for a lark—I took him some distance out of the yard—I found no person hallooing out "stop thief," or anything of the kind, and I let him go—he was running in a direction from Whitechapel—I did not take him back into High-street, only part of the way down George-yard—I saw the prosecutor five or ten minutes afterwards—he was suffering from injuries he had received.
Prisoner's Defence. I have witnesses to prove where I was at the time the robbery was being done, and differently dressed.
ELIZABETH SMITHERS . I am bar-maid to Mrs. Leech, who keeps the Three Cranes, Fashion-street—on the night of the robbery, the prisoner was not out of that house from 10 o'clock till the house was closed at 12—I am speaking of the 27th November, the Saturday night the robbery was committed—I only know the date by what I have been told by the papers—he had on a large white American hat, and a large white rough coat.
Cross-examined. Q. Is not the Three cranes close to High-street, White-chapel? A. It is no great distance—I first saw the prisoner as early as 10 in the morning—he went out in the evening between 8 and 9, I should say—he came back before 10, and did not go out again till the house closed, and he was then very tipsy—I was in the bar from 10 o'clock till the house closed at half-past 11—the prisoner asked me would I partake of anything to drink, and I told him no—I saw him go out at 12, when all the others left—he did not go out till every one else left—I am certain this was Saturday, 26th November—they were in there drinking the whole day—I only knew the prisoner by using the house—I never saw him before I came to live at Mrs. Leech's—he has been in the habit of using the house ever since I have been living there—two men were with him on this night, one tall one, and one short one—they all went out together—none of them livid in the house—I recollect this Saturday night, because when it was brought up it refreshed my recollection—that was when the prisoner was remanded before last Session—my mistress told me of it—I believe the prisoner had been in custody about a week or ten days when I first heard of it—I was not examined before the Magistrate—I came here to-day in place of my mistress—the prisoner was at the house all day on the Thursday and Friday, as well as the Saturday, drinking very hard in front of the bar.
HENRY JACKSON . On Saturday night, between 11 and 12 o'clock, the prisoner was drinking in front of my mistress's bar—I don't know the date—he had on a light over-coat, and a white hat on—I am certain he did not go out before 11 or 12—I saw him there.
Cross-examined. Q. Is this the public-house at which the last witness is barmaid? A. Yes; it is at the corner of Fashion-street, Brick-lane—it is all in a line with Osborn-street, close by—I was in the bar the whole time—I was serving customers—we generally do a large business on Saturday evenings—I think there were two or three men with the prisoner; I won't be certain—I knew who they were; I don't know their names exactly, only by sight—there was one of the name of Fred; I don't know his other name
—the prisoner had on a light coat, not white, a kind of dark grey—he had on a white American hat—I know it was this night, because I was told of the day after; it was a man who was with him at the time; he came and asked me whether I could swear that he was there, and I said, yes, of course, I could—I think the man came to me the day after the prisoner was taken in charge; that would be on the following Friday, a week after the robbery—it was the man Fred that came to me—I should know him if I saw him again—I do not see him here—I saw him about half an hour ago outside the Court—he asked me whether the trial had come off yet—he did not tell me whether he was coming as a witness.
COURT. Q. Were there many persons at the bar on this night? A. About fifteen, I should say—I did not lose sight of the prisoner more than a minute or two—I was serving other persons—I was summoned before the Magistrate, but was not called for—I did not give evidence—I was not here last Session.
The prisoner PLEADED GUILTY to a further charge of having been convicted of highway robbery at this Court in February, 1860, when he was sentenced to Four Years' Penal Servitude.— Ten Years Penal Servitude.
BENJAMIN SAMBROOK . I live at 50, Bath-street, New Swindon—on Saturday, 24th December, I was walking with my wife and brother down Aldgate High-street—I stood to look in at a shop-window—the prisoner was standing beside me on my right side—he was the only man there—I had a watch in my right-hand pocket—I felt my watch going away from my chain—there was no one but the prisoner that could have moved it—I collared him—I saw a pocket-handkerchief in his hand, which he passed directly behind him, and I saw no more of it—there were two or three little boys behind him—I gave him in charge.
Prisoner. Q. How long were you standing against the window before you missed your watch? A. About a minute—I had seen you about five minutes before—I could not see the watch when I collared you—I believe it was in the handkerchief which you passed behind you—you tried to get away.
HENRY SAMBROOK . I am the prosecutor's brother, and was with him at this time—we stopped to look in at a toy-shop window—I saw the prisoner there, and I had seen him previously at another shop—he moved on as we did, and at the toy-shop he stood alongside my brother—I saw my brother lay hold of him—the prisoner had a pocket-handkerchief, and he stooped down and passed it behind his back; I believe it was taken by a shoe-black boy, who was near him—there were two or three round—I don't know what became of them; such a crowd came round at once I could not see—there was no one else near enough to my brother to take his watch, but the prisoner and two little boys—I don't believe the boys took it.
Prisoner. Q. Did I make any resistance? A. Yes, you did—I suspected that the watch was in the handkerchief—I did not take hold of it; you were too wide-awake for that—a little boy came up and told the policeman that there were two men over the way looking at a watch—that was a penny watch—I did not see it.
into my charge—he said he did not take it, and knew nothing of it—no property was found on him—he gave a false address.
Prisoner. Q. Did not a little boy come up and say, "There are two men over there looking at a watch?" A. Yes—I saw several persons looking at watches—one man thrust forward an imitation-watch, a twopenny one, which I was made a great display of in front of the mob—there was a man in the neighbourhood selling those watches at 2d. each—I did not take a handkerchief from you at the station—you said you had one, but we could not fine it.
Prisoner's Defence. I was going along Aldgate on my way to my father's in the Borough. I stopped to look in at this toy-shop. I was not there a minute when the prosecutor turned round and took me by the collar, and said I had got his watch. I know nothing of it. I had a hand kerchief in my hand, which I put in my pocket.
The prisoner PLEADED GUILTY to a previous conviction at this Court in April, 1863, and several other convictions were proved against him. Seven Years' Penal Servitude.
NATHANIEL KINCH . I am a farmer, at Woodcock-hill, Harrow—on Friday morning, 23d December, I had sixty-one lambs in a field near Kenton-bridge—I counted them on that morning—I saw them again on the Saturday, but did not count them—I counted them on the following Monday, and missed one—I searched the field to see if it had got out—I saw no gap—I then I looked in the drain and found the skin with the head on it; the carcase was gone—that was the skin and head of my lamb—I gave information to the police immediately—I afterwards went to the house of the prisoner John George, and found half a loin of lamb; one leg had been cooked—there was only the bone—there was also the fore part, with the shoulder on it, hanging up in the room up stairs—I compared the part that was uncooked with the skin of my lamb, and found a piece of flesh cut off with the skin, which exactly corresponded—that part was missing that was on the skin; it was behind the fore-leg—I then went to the house of William George, and found there the hind quarter, all cut up, and the fore part had only the shoulder cut off—there was only the breast and neck, which exactly fitted with the breast and neck found at the other prisoner's house—the meat found in the two houses made up the whole of one lamb—both the prisoners have worked for me—William was helping me to bind hay at this time—he was at my house, which is close to the field; he was there on the Friday—I saw nothing of him on the Saturday.
JOHN ALLEN , T 57. I went with the last witness to the house of John George, and examined these joints of meat, and compared them with the skin—I agree with him as to their exactly corresponding—I also went to William George's, and saw some meat there—I asked him how he became possessed of it—he said he bought it of Charley Grange, of Harrow, and gave 4s. for it—I have no doubt that the meat found at each place were part of one lamb—John George said he bought the meat of Mr. Green, and gave 7s. for it.
CHARLES FREDERICK GREEN . I have a shop in High-street, Harrow—I did not sell any lamb to the prisoner John George—this lamb was shown to me—it was never in my shop until the policeman carried it there.
GUILTY .— Confined Twelve Months each.
MURRAY PLEADED GUILTY .— Confined Twelve Months.
MR. LILLEY conducted the Prosecution, and MR. DALEY defended Jones.
THOMAS SWEETLOVE I live at 31, Upper Ebury-street, Pimlico, and am a general postman—on the afternoon of 27th December, about half-past two, I was in Eaton-place, South—I there saw Murray, he came to me, and in consequence of what he said to me, I proceeded to give him change for a shilling—I did not see Jones at that time—I took out my purse, and poured out a portion of its contents into my hand—I gave him change with a threepenny piece and nine penny pieces—he then took a sovereign out of my hand and got up into a cart—I followed him, and cried out, "Stop, "he did not stop, and I cried, "Stop thief!"—at that time I saw Jones in the cart—he was near enough to hear me cry out "Stop thief!"—a third party was driving the cart; they drove away, I followed them and kept crying "Stop thief!"—they were stopped by a policeman—Jones then jumped out of the cart and ran away—the policeman let go of the horse's head, and ran after him; a milkman then got hold of the horse's head, Murray got out, the milkman then let go of the horse's head and ran after Murray—I also ran after him, and the man in the cart drove away, I believe—I went to the station-house with Murray, and when I came back the cart was gone—I have not seen my sovereign since—I am quite sure it was a sovereign he took, and not a sixpence.
Cross-examined. Q. How long have you been in the employ of the Post-office? A. Twenty-two years come February—I have given change to persons in the road before, cabmen and others—I. had 1l. 4s. 2d. with me at that time—that was my Christmas boxes, not all of them, I had some at home—at the time I gave the change to Murray, Jones was about the length of this Court off, with the cart—Murray ran to the cart and jumped in—the other man has not been found since—at the time the milkman was holding the horse's head there were two men in the cart, Jones had run away—I was close behind the cart when Murray got out, and I and the milkman ran after him.
HENRY GRIFFIN . I am a milkman, living at Chelsea—about half-past two, on 22d September, I was in Sloane-square, and saw the two prisoners in a cart, they got out of the cart and enquired for change of any persons who might be passing by—knowing them before by seeing them about the neigh bourhood, I went and gave information at the police-station—I then came hack with a policeman, and saw the prisoners and another man with the cart in Eaton-place, South—Murray was then getting change from the postman, Sweetlove—I am not sure whether Jones was in the cart or behind it then—when I saw them in Sloane-square he was out of the cart with Murray—they were together when they were asking for change—I saw Murray leave the postman and get into the cart—the postman called out "Stop thief!"—the cart made a plunge off—the policeman went after the cart, laid hold of the horse and stopped it—Jones jumped out at the near side of the cart and ran up Chester-terrace, the policeman ran after him; I then laid hold of the horse's head, and Murray jumped out and ran down Burton-street, I ran after him—Sweetlove said to me, "That is the man who had my sovereign;" a waterman stopped Murray and took him to the station—it was in conesquence of something I said at the station before, that the policeman was sent with me to Eaton-place, South—he was sent by the inspector.
Cross-examined. Q. Were you going about with your milk on that afternoon?
A. Yes—I passed close by the cart in Sloane-square—the prisoners were then out of the cart, and the other one was in—I heard Jones ask a man, who was passing, if he could give them change for a shilling—I did not hear the answer, I was over the other side of the way, the street is very narrow just there, it was the Pimlico side of Sloane-square—it is the main thoroughfare into Eaton-square; it is very narrow just by the hotel—I don't remember the exact words Jones used, he asked change for a shilling—I have no doubt they were all acting together—I have not been talking to the police about this since.
TIMOTHY O'SULLIVAN . I am a carriage attendant at a stand in Grosvenor-street, West—about a quarter to two on this day I was returning from my dinner—I had some private business in Cottage-road, and, as I came out, I heard the last witness making some remark—I afterwards saw the prisoners—I heard a yell of several persons at the bottom of Cottage-road in the vicinity of Burton-street—I turned round and saw a great number of persons after the prisoner Murray, singing out "Stop thief!"when he saw me he loudly joined in the same chorus, "Stop the thief!"—I ran at him, and dared him to stir; I then took him to the Station.
Cross-examined. Q. Are you the O'Sullivan? A. O'Sullivan, an ex-soldier of Her Majesty's service—Murray did not ask me for change.
CHARLES COX (Policeman B 210). On the afternoon of 27th December, I was at the Cottage-road station, when Griffin came in and gave some information, in consequence of which I accompanied him to Eaton-square, South—I there saw a cart in which were Jones and another man, not in costody—Murray was at that time out of the cart, speaking to the postman—I placed myself behind a cab to watch them—I saw Murray run to the cart, get in and drive off at full speed—I heard the postman call put "Stop thief!"and I then chased the cart and got hold of the horse's head—on doing that, Jones jumped out—I gave the horse into the hands of Griffin and chased him—I caught him and brought him back—I saw that Griffin had left go of the horse, and that the other man was driving away in the cart—I searched Murray—on Jones was found 3s. 9d. in silver and 3d. in copper—it was a light spring cart.
JONES NOT GUILTY .
MR. LILLET conducted the Prosecution, and MR. DALEY the Defence.
EDWARD WILLIAMS . I live at 27, Charl ton-street, Fitzroy-square, and am a carman—on 23rd December, about half-past twelve in the morning, I was delivering some goods in the Vassal-road, Brixton—the prisoner came into the side-door of the house where I was, and said, "Carman, will you oblige me with change for half-a-crown"—I immediately emptied my purse into my hand and gave him three sixpences and a shilling for the half-crown—he then said, "I see you have some smaller change, will you oblige me with that, "at the same time he made a pretence of dropping the three six-pences and the shilling back into my hand—he put his hand over mine and made the money jingle—I counted out some threepenny and fourpenny bits and put them in his hand—directly he had them, he ran out of the garden, jumped up into a cart which was there, and was driven away—I followed him out, and saw him being driven away as fast as the horse could go, it was a light gig cart—another party was in the cart, I did not see his face.
Cross-examined. Q. I believe you gave no information at the time? A. No, I thought I would pocket the affront—I saw a case in the paper soon
after, and on the day afterwards, I came down to the police-court, saw the prisoner in the dock, and identified him—I gave no description of him to any one before I saw him—I spoke to no policeman about it—the man had dark clothes on, no moustache or beard—I can't say that he has the same clothes on now—I had him under my eye about two or three minutes; I looked up at him when I gave him the change, and I saw him run away—I did not say anything to alarm him before he ran away—I can't say how much I had in my hand altogether, I had been taking money all the morning, it might have been 25s. or 10s.
MR. LILLEY. Q. How much did he run off with altogether? A. He bad 5s., but I had his half-crown, so he only got half-a-crown—I have not the least doubt he is the man.
Witnesses for the Defence.
ANN HALEY . My husband is a greengrocer, at 96, Green-street, Bethnalgreen road—the prisoner is my brother, he was in my employment last December—on 23rd he was at home with me, from nine in the morning till ten at night—my husband was at market buying some oases of apples.
Cross-examined by MR. LILLET. Q. How long has he been in your employment? A. I have kept him from a child, his mother is dead—he has worked with me on and off ever since he could work at all—he was in my shop on 23d December—it was on a Friday—he never left me five minutes all day, no further than going into the backyard to get greens—he was sorting the potatoes, and helping me to get my business ready for Saturday—he was out on 27th gadding about along with his gal—I suppose he was at home with me on that day, he only went out for a pint of beer—he was helping me on 24th—his girl was helping me, as well—the 27th was a Tuesday, he was at home then helping me.
MR. DALEY. Q. Did you hear of his being taken into custody? A. No, I did not hear of it till yesterday—I can solemnly swear he was with me all day on the Friday before Christmas day—he was with me on the Saturday, and Sunday, and on boxing-day—he goes out when he likes, he leaves at night—I have missed him these last few days—I saw him the day after boxing-day.
EDWARD HALEY . I am a greengrocer—on the Friday before Christmas day, 23rd December, the prisoner was helping my missus—when I came home from market he was there—I came home at 10 in the morning—he was there all the day after—I never lost sight of him half-an-hour all day.
Cross-examined. Q. Where do you go to market? A. Spitalfields—I went at 6 in the morning, and returned at 10, or from 10 to 11—sometimes it is half-past 9—I get home at various times—I got home about 10 on the 23rd, as near as I can guess—I looked at the clock—I go to market every day—the prisoner is my brother-in-law—I have never been home from market as late as 11, I think: that is a bad time—I can't recollect being as late as half-past 11—I have got a van and a cart—I never lent the prisoner either—I never knew of his borrowing one—I never went out for a drive with him—I did not go to market on boxing-day at all—I do not know where the prisoner was on 27th or 28—he was along with me on Thursday, the 22nd, part of the day at home—I don't know where he was the other part of the day—I might have missed him two or three hours—he was at my place on boxing day, Christmas day he had dinner along with me—the last time I saw him was on Boxing-day.
COURT to EDWARD WILLIAMS. Q. At what time was it on 23rd that this happened? A. About half-past 11, as near as I can tell.
GUILTY .— Confined Twelve Months.
150. JOHN LAKE (15), and ROBERT WISDOM (17) , to breaking and entering the dwelling-house of William Alfred Pollen, the master of Wisdom, and stealing 18 bills of exchange of the value of 655l. 12s. 1d. and 14l. in money, his property.
LAKE— Confined Nine Months,
WISDOM— Confined Four Months.
[Pleaded guilty: See original trial image.]
151. WILLIAM MURRAY (23) , to stealing 1 work-box, 1 pair of spectacles, and other goods, the property of William Spiller, having been before convicted— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
152. MALCOLM GOODALL (23) , to two indictments, for embezzling the sums of 4s. 9d. 9s. 8 1/4 d., 5s. 5d., 3s. 4 1/4 d., and 9s. 4 3/4 d., the moneys of William Hill and another, his masters; having been before convicted.— Confined Eighteen Months , [Pleaded guilty: See original trial image.]
154. EDWARD HILL (18) , to breaking and entering the dwelling-house of Fareway Wallace, and stealing 11s. his money; having been before convicted. Confined Eighteen Months: and [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, January 9th, 1865.
Bere Common Serjeant.
MR. CRAFURD cited the prosecution and GIFFARD the Defence
JAMES BRANNAN . I am employed by the Mint—on Saturday, 10th September, about half-past 12 in the day, I was at the Spencer Arms, Dudley-street, Seven Dials, with Inspector Avory and other officers—I saw the prisoner standing at the bar with another man close to him—I instructed the officers to seize him, and said, "Peter, you are suspected of having counterfeit coin in your possession, have you got any"—I first told him my name was Brannan—he said, "No, what"—I repeated the question frequently—I put my hand into his left hand breeches pocket, and found these papers containing several packets of counterfeit coin, separately wrapped in paper one packet containing five half-crowns, another two half-crowns, two packages containing ten shillings each, and another six—I also found on him several strips of paper, on which was written "Spencer Arms, Dudley-street, from 11 to 2"—a professional card—I asked him his name and address, which he declined to give—he was several days in custody before he gave the name of Peter Clark—the coin is all here, and is about the best manufacture I ever saw.
Cross-examined. Q. You expected to see him there at 12? A. Yes—I knew him before that for several months as a dealer in counterfeit coin—I went there, on that day, in consequence of information I received—I had never spoken to him before—he knew me before well—I always tell prisoners my name—I do not know the other man—I did not see his face—I should not know him again—he may not have been in the prisoner's company—he was standing close to him—I do not know in whose writing these strips of paper are—they all appear to be in the same writing.
MR. CRACFURD. Q. Had you seen any of these before? A. I had one of them produced to me before this.
ALFRED AVORY (Police-inspector, G.) I was with Mr. Brannan—I took I hold of the prisoner—I have heard what Brannan has stated, it is correct—I took the prisoner to the station—he refused his name and address, in a most obstinate manner.
WILLIAM WEBSTER . I am inspector of coin to the Mint—these are all counterfeit coins, several are from the same mould—they are the best counterfeit money which has ever been brought here; the finest I have ever seen—I have reason to believe that another method has been brought to bear in making them—there is no appearance of casting on the surface of them—counterfeit coin is always wrapped up in this way to prevent it rubbing.
GUILTY .— Confined Eighteen Months.
MESSES. CRAUFURD and COLERIDGE conducted the Prosecution.
ELLEN WHITEHEAD . In December last I served at a refreshment stall in the body of the Agricultural Hall, Islington—it is lighted up in the evening, and open till 10 o'clock—on Friday, 9th December, about 9 in the evening, the prisoner came to my stall and asked for a glass of gin, which was 4d.—she gave me a half-crown, and I gave her a 2s. piece and 2d. change—she drank the gin and went away—I kept the half-crown in my hand, and after she was gone found it was bad, and put it on one side by itself—about a quarter of an hour, or twenty minutes, afterwards the prisoner came back—I knew her directly—she asked for half a pork-pie, and gave me a bad half-crown—I told her it was the second one she had given me that evening—she said, "Oh, no, nothing of the kind, "and put down a good florin—I told her I must detain her until Mr. Rudkin came—an officer came up, and I gave him the two bad half-crowns.
MARY ANN PAYNE . On 9th December I had a stall in the gallery of the Agricultural Hall, just above the last witness's—about half-past 8 in the evening she came to my stall and asked for a glass of stout—I told her we bad no draught stout, and she then had a bottle of stout, which was 6d.—she paid me with a half-crown—I took her and said it was a bad one—I called the barman, who bent it with his teeth in the prisoner's presence—I told her it was bad—she said she had no idea of it, she had changed a half-sovereign coming in at the gate, and had only got a good florin left—I said, "They don't give change at the gate"—she made no answer to that, but turned from me and drank her stout—she paid me with a good florin—I gave her I 8d. change—she said that was all the money she had—and showed me her purse—the half-crown was bent in half—I left it in the barman's hands—the prisoner asked for it back—I refused to give it to her.
Prisoner. I don't remember seeing her before—I was never up stairs—I never had anything to drink at all.
WILLIAM CLARK (Policeman, N 418). On the evening of 9th December I was on duty in the Agricultural Hall—the prisoner was given into my custody, and I received these two half crowns (produced) from Whitehead—I asked the prisoner how she accounted for the possession of the half-crowns, and she said she got them in change at the gate of the hall—they do not give change at the entrance gates—the female searcher at the station told me in the prisoner's presence that she had found a good 2s. piece and a purse on her—the prisoner said that she came from Yorkshire, she had been in London only three days, and been lodging at a coffee-shop in Pimlioo, but she did not know the name of the shop, or the name of the street.
WILLIAM WEBSTER . These half-crowns are both bad—the florin is good. Prisoner's Defence. All I say is, that I got a half-sovereign changed at the gate, there is a place on purpose—I paid 1s. for going in—I walked round the cattle show, went to this stall and asked for a glass of stout—she said they had none—I went away, came back again in quarter of an hour and asked for half a pork-pie—I gave the half-crown, and the girl said, "You have passed two here to night"—I said I had not—I did not know the money was bad.
GUILTY .— Confined Nine Months.
MR. DIGBY conducted the Prosecution.
WILLIAM ROME . I am clerk to Mr. Sweeting, a fish dealer, of Cheapside—on 15th December, between 5 and 6 in the evening, I delivered 32 barrels of oysters to the prisoner—he had a Great Western van with him—I partly addressed them—I addressed one of them "Mr. George Hopkins, Kidderminster, Worcestershire"—this is the card (produced)—here is "Van train," on it, in my writing—it was a double barrel containing about 20 dozen oysters, value 17s. 6d.
Prisoner. I did not place the barrels in the van, I gave them to my boy.
COURT. Q. Had he a boy? A. Yes—he does not come daily, only in Christmas week—he takes a book from us which is taken to the office to be signed—he is asked if he has so many, and he says "Yes."
BENJAMIN BUTLER I am a porter in the employment of the Great Western Railway, at the Bull and Mouth receiving house—the prisoner was employed by the Great Western Railway—I remember him coming with 31 barrels of oysters from Mr. Sweeting on 15th December—I received them from him, and placed them in the office—it was his duty to bring a book which he passes backwards and forwards—he accounts to me and 1 account to him, but I do not compare with the book—he counted 31 to me, and I counted 31 from him—I heard 32 mentioned, and I said, "Well, I have only 31—the lad came into the office, looked over the counter, and said, "Well, that is all I have received, "and went away—his book was checked immediately after he was gone—the prisoner cannot write, and I do not think he can read writing.
Prisoner. He did not say a word to me about there being only 31—nobody told me about it for two days afterwards.
JURY. Q. Is it the receiver's duty to sign this book? A. Directly it is checked they are rolled over and marked, or the money filled in—if they do not tally we scratch it out—Mr. Crutcher scratched this out—the 32 barrels were entered in this book at the time I received them—this conversation was the same night he brought them, not two or three days afterwards.
MR. DIGBY. Q. Was William Hayes present at the time? A. Not inside, he was outside in the van.
WILLIAM HAYES . I am van boy in the employment of the Great Western Railway at the Bull and Mouth—on 15th December I was van boy to the prisoner's van, and accompanied the prisoner to Mr. Sweeting's—we received 32 barrels, I am certain of that—I counted them—he then drove to the Bull and Mouth—he delivered 31 there, and kept one in the van—he then got up, and we drove to London-wall—he jumped down and went into
Richard Johnson's, came out and took this card (produced) off the barrel, put it in his pocket, and took the barrel of oysters in, and gave it to Johnson.
Prisoner. It was not till two days afterwards that I drove to Londonwall—you gave me that card yourself. Witness. It was on the same day.
ALFRED RYDER . I am a warehouseman in the employ of Mr. Johnson, of London-wall—I remember the prisoner coming with a van, but cannot recollect the night, because he calls every night—I received a barrel of oysters from him—there was no address-card on it—he laid it on my packing-board, and I paid him the price of the oysters, 4s.—the barrel had Sweeting's brand on it.
COURT. Q. Had you asked him to bring them? A. No—I was not surprised—I never bought any before—he brought them in and said, "Ryder, I can sell you this barrel of oysters"—I said, "Well, what do you want for it?"—he said, 4s.—I gave it him and he left.
HENRY WILLIAM THORN (City-policeman, 209). I took the prisoner in custody, on 23rd December, at the Bull and Mouth—I searched him at the station, and found this card and this gold watch in his fob, also the address paper in which it had been packed—I charged him with stealing the parcel containing this gold watch—he said that he bought it in Leadenhall-street—I said, "How did you get this paper in which it was packed?"—he said he could not account for it.
SAMUEL JACKSON . I am a watch manufacturer, of Bed Lion-street, Clerkenwell—on 23rd December I sent this gold watch packed in a box (produced) like this addressed to Mr. John Ching, Launceston, Cornwall—here is an inscription inside it which I know perfectly well—it was wrapped in wadding and properly secured, and sent to the Great Western Railway booking office.
HENRY WING . I am in Mr. Jackson's employment—on 23rd December I received a parcel from him to take to the Bull and Mouth—this box is about the size of it, and this cover (produced) was wrapped round it—it was securely packed, I delivered it in the same state to Mr. Crutcher between 7 and 8 o'clock, and my book was signed.
JAMES CROUCHER . I am a clerk at the Bull and Mouth receiving house of the Great Western Railway—the prisoner was a carman in the employ of the Company—I recollect signing for some barrels of oysters, and there was one short—he said, when they were brought in, that there were thirty-two—I signed the book for one short—he said, "Those were all I received from Mr. Sweeting"—on 23d December, Mr. Jenkins's boy came, and I received a box done up in this paper—I signed for it—it was in very good condition—I put it with other parcels inside the office, at about twenty minutes past 7—the prisoner was not there then, but came shortly afterwards—the Paddington van came about 9 o'clock—the prisoner then asked whether he might assist—I gave him my sanction—we made sixty parrels up, and when the guard came to sign, he said, "I have only received fifty-nine, "whereupon Ghost looked at the clock, and said, "You will not want me any longer," and left—I sent Coleman for him, but he came back without the prisoner—I went and found him at the corner of Angel-street—I told him there was a parcel missing from the office, and he was to come back with me, as he bad been seen to have the parcel in his possession—he said, "I will make him prove his words"—we went back and had the van unloaded to find out what was missing, and found that the parcel for Mr. Ching was not checked—I called a policeman, and said, "Some of us must have that parcel; the best thing we can do is to search one another"—they
all consented, and I searched all but the prisoner—as my attention was drawn to a little bit of white wadding on his trousers, I gave him in custody, and he was taken to the station.
JAMES PINCHES . I am a carman, employed by the job at the Great Western Railway—on the night of 23d December, I was at the Bull and Mouth, but was not employed—the prisoner was there, and Mr. Fletcher—I heard an inquiry about a parcel which was missing—I never knew then was one missing till they were counted over, and then I saw the prisoner put a parcel in his pocket—I stood in the street, and saw him break it open, and put the contents in his pocket—I think it was a pasteboard box—he then came out and ran away, and I told the clerk.
JOHN COLEMAN . On 23d December, I was employed at the Bull and Mouth, a parcel was missing, and Mr. Croucher sent me after the prisoner—I found him under a lamp examining something in his hand—I could not see what it was, but I saw it shine—I told him he was to come back to the Bull and Mouth—he laughed and said, "Me?"—he went part of the way, and then told me to tell them that he was up at Gough's.
GUILTY .— Confined Eighteen Months.—The Jury expressed their strong dis approbation of Ryder's conduct.
MR. WILLIAMS conducted the Prosecution.
THOMAS PAUL BUTLER . I am foreman to Mr. Farmelow, a lead merchant, of Rochester-row—on Tuesday evening, 6th December, a man in a state of intoxication came in and presented a written order, which represented that it came from Mr. Partridge of Brixton—seeing the state he was in, I did not send the goods—it was not the prisoner—the prisoner came next day and said, "I have called for those goods that a man brought the order for last night"—I gave them to him, two cans of oil and six brass taps—after be left, I made a communication to Mr. Partridge by letter—he came on the 8th, and went into the counting-house—while he was there, about 11 o'clock, the prisoner came in, and handed roe this order—"Sir, please send by the bearer 4 whitewash brushes, and 6 No. 10 tools.—"PARTRIDGE"—I went in and spoke to Mr. Partridge, and then asked the prisoner to step into the counting-house—he did so, and I asked him if he was the same party who fetched the things the morning previous—he said that he was—I asked Mr. Partridge if that was his order—he said, "No, "and that he had not sent one the previous day, or on any other day—Mr. Partridge and the prisoner had a few words together, and then I sent for a policeman.
HENRY PARTRIDGE . I am a builder, of 5, Canon-street-road, and deal with Mr. Farmelow—I do not know the prisoner—I did not authorize him to obtain two cans and six brass taps on the 6th—I know nothing of this order for tools—I did not authorize anybody to apply for whitewash brushes or tools—I went to the prosecutor's shop on the 8th, in consequence of information—I was in the counting-house when the prisoner came in—I asked him where he got the order yesterday—he said, "From some one out side"—I did not go outside.
Prisoner. Q. I believe I told you if you would go with me, I would show you the man who sent me? A. You did—I said that I had sometimes papers, the writing of which corresponded with this order.
COURT. Q. Do you know whose writing it is? A. I believe it to be the writing of a man who was discharged from my service on 5th November.
Prisoner's Defence. I happened to meet this man in the street; he asked me if I wanted a glass; I said, "Yes;" and he sent me for some goods which he had sent somebody for the the night before—I met him next day, and he asked me if I would go to the same place with a note; I went in, and Mr. Partridge was there; he asked me who sent me, and I told him if he would go with me, I would show him.
NOT GUILTY .
NOT GUILTY .
The following prisoners PLEADED GUILTY:—
162. FREDERICK GARROD (27) , to 2 indictments for forging and uttering orders for the payment of 8l. 2s. 6d. and 3l. 8s., and to stealing an order for the payment of 9l., of William Henry Shaw, his master, who recommended him to mercy.— Confined Six Months. [Pleaded guilty: See original trial image.]
163. HENRY WILMOT (28) , to burglariously breaking and entering the dwelling-house of James Campbell, at St Marylebone, and stealing therein, 3 desks and 2 rings, his property.— Confined Fifteen Months.—There was another indictment against him. [Pleaded guilty: See original trial image.]
OLD COURT.—Tuesday, January 10th 1865. Before Mr. Recorder.
164. WILLIAM BROWNRIGG LUMLEY (22) , PLEADED GUILTY to unlawfully sending to Laurence Westborough a letter containing a challenge; also, to a libel The defendant, through his counsel MR. SERJEANT PARRY retracted the libellous matter, and apologized to the prosecutor.— To enter into recognizances to appear and receive judgment if called upon.
MESSRS. GIFFARD and POLAND conducted the Prosecution, and ME. RIBTON
with F. H. LEWIS the Defence.
JAMES HERMAN LEE . I am clerk to Joseph Tucker, a member of the Stock Exchange—I know the prisoner, he was also a member of the Stock Exchange—the 14th October was one of the account days on the Exchange—according to the course of business, a settlement would take place that day of the securities and stock bought since the last account day; the stock would be delivered, and payment made—about half-past 2 on the 14th I went to the prisoner's office in Angel-court, City, and took with me three Confederate bonds, to the amount of 2, 000l.—I saw the prisoner, delivered him the stock, and told him there were 2, 000l. Confederate loan from Tucker, and he gave me a cheque—I asked him to count the stock, which he did while I was there, and he then gave me this cheque (produced) for 1, 280l. on the Alliance Bank—it is a crossed cheque, payable to bearer—it is crossed "& Co."—I took the cheque, and gave it to Mr. Tucker—it is now marked N.S., not sufficient.
JOSEPH TUCKER . I am a member of the Stock Exchange—I know the prisoner—in October last, I had an account with him for Confederate bounds in the ordinary way of business—I have a note of it here in my
book—the first bargain was for 1,000l.—that was on 30th September, the previous account day—the second was on 3d October—the two came 1 to 1.280l.—according to the practice of the Exchange, on 14th October, we should have to deliver him the bonds, and take a cheque for them—the bonds would not be delivered without a cheque.
COURT. Q. Is it the practice to pay at the time of delivering the bonds? A. Yes, to pay a cash-cheque the same day.
MR. GIFFARD. Q. Had your clerk any authority to deliver the bonds without the cheque? A. He frequently leaves bonds without having a cheque immediately; we may have a large account with a man—the cheque that is received must be a cheque that goes through the clearing-house—a cheque uncrossed would, of course, do as well—the time for the delivery of the stock is up to half-past 2; it must be delivered by half-past 2—the cheques are cleared before 5—they must go into the banker's before 4—my clerk took this cheque in the ordinary way of business—he did not bring it to me—he paid it in, in the course of business—it was afterwards returned dishonoured.
THE RECORDER was of opinion that this evidence would not support the charge. MR. GIFFARD called attention to the case of Reg. v. Parker, 2d Moody, page 1, which he submitted was analogous to the present. THE RECORDER considered the cases different; there the cheque was delivered before the goods, here the bonds were delivered over, and counted, before the cheque was given.
MR. GIFFARD urged that the act was to be regarded as simultaneous, that dominion I over the bonds was never parted with until the cheque was received; in the same way as a tradesman would place his goods on the counter before he was paid for them.
THE RECORDER did not think the objection removed, he regarded it as a delivery on credit, in the full belief that a valuable cheque would be given; but it would be better, as there were other transactions alleged, to proceed upon them.
JAMES EDMUND SMITH . I am a member of the Stock Exchange—I sold the prisoner fifty Imperial Ottoman Bank shares—that was before the 14th October—the shares were to be delivered on the 14th—the price I was to receive for them was 812l. 10s.—on the 14th my clerk, Mr. Fenner, delivered them—this cheque was returned to me the day after by Robarts and Co., my bankers, as unpaid.
EDWARD FENNER . I am a clerk in Mr. Smith's service—on 14th October, I saw the prisoner in our office, 3, Shorters-court—he asked me to deliver him some shares which we had to deliver to him, and tendered this cheque for 812l. 10s.—the cheque was slightly inaccurate, and by my mentioning the fact, he altered it in my presence from 812l. 12s. to 812l. 10s.—he then took away the shares—they were fifteen Imperial Ottoman Bank shares—I saw them given to the prisoner.
Cross-examined by MR. RIBTON. Q. Did you give him the shares before he gave you the cheque? A. According to the best of my recollecttion the action was simultaneous—to the best of my recollection be tendered the cheque at the time he asked for the shares—I should say that he tendered the cheque at the time of receiving the shares—it might have been a moment before, or a moment after, I could not swear positively to that—I did not deliver him the shares with my own hand; a clerk in the office did, by my direction—he is not here—I can't say how long the prisoner had been in the office—the amount he was to pay was marked on the shares, or a paper annexed—they were all folded together—he examined them after they were given to him—he would do that for his own guidance—I can't positively swear that he did—I have not the slightest doubt that he did, bat the fact is, the shares were in that form that they did not require
examination—he did examine them—I don't recollect whether he said they were correct, or where he put them—he was in the office altogether, perhaps, two minutes, it might be three—I can't say whether the shares were delivered to him before I received the cheque from him—to the best of my recollection the cheque was tendered at the time the shares were asked for, but I can't say one way or the other.
MR. GIFFARD. Q. What was the first thing, as far as you remember, that the prisoner said or did when he came into the office? A. He said, "Have you the shares ready for me?"—he came in with a book or leather-case, in which was the cheque for the shares, already drawn—he handed it to me—I can't say whether I had seen the cheque at the time I directed the clerk to give him the shares—the clerk bad fetched the shares at the time I suggested the alteration in the cheque—that was after I had received the cheque, and as the prisoner was leaving the office, he turned back, and made the correction—at that time he had got the shares, and I had the cheque in my hand.
WALTER ERRWEN FOWLER . I am a stock-jobber on the Stock Exchange—on 14th October, I had to deliver to the prisoner 3,060l. Spanish Passive Bonds—the amount of the cheque I was to receive, was 948l. 12s.—I ran into the office, Mr. Burrows was sitting at the table, settling day is always a busy day, I said, "Here is 3, 060 Passive Bonds; I claim this amount, 948l. 12s."—he wrote me a cheque directly, and gave it me—I put it in my pocket, and paid it in with others—I gave him the bonds—I stood at the table with the bonds in my hand, and he wrote the cheque—whether I pat them on the table first, before I positively had the cheque in my hand, I cannot swear—I asked for a cheque, and I held the bonds in my hand.
Cross-examined. Q. You said, "Here are the bonds;" and held them out, I suppose? A. Yes; if I come to refresh my memory, I should say that he counted them before he gave me the cheque—that is the usual custom.
COURT. Q. Did you see him writing the cheque before you parted with the custody of the bonds? A. That I cannot swear to, and whether he counted the bonds before he gave me the cheque, I cannot say—it was all done in a moment—I should say, in all probability, he did count them first.
CHARLES EDWARD ROBINSON . I am a stock-jobber on the Stock Exchange—on 14th October, I had to deliver to the prisoner 400 Mexican Bonds—I had sold them to him before—I was to receive 128l. 17s. 6d—I took the bonds to his office, and delivered them—he counted them over—I made my claim, which he agreed, and he gave me his cheque—I fancy that his clerk, or whoever it was sitting opposite to him, drew the cheque, and he signed it—it was the cheque induced me to part with the bonds.
COURT. Q. Was it the cheque, or the belief that you would receive the cheque? A. The belief that I should receive the cheque, and that that cheque would be paid.
MR. GIFFARD. Q. Supposing no cheque had been forthcoming, what would you have done? A. If he bad said to me "I will bring the cheque down to you in a few minutes, I am too busy to draw it now, "I should have said "Very well."
COURT. Q. You had confidence in him? A. Yes, that is the usual practice.
JOHN HESELTINE . I am a member of the Stock Exchange—I sold the prisoner 1,000l. worth of Confederate bonds; that was for the account day, 14th October—I gave my clerk directions to deliver them, and I afterwards
received from him this crossed cheque for 650l.—it was paid in to my bankers—it was returned, marked "N.S."
THOMAS LANCEY . I am a friend of Mr. Heseltine's and assist him—on 14th October I went to the prisoner's office—I took with me a Confederate bond for 1, 000l.—I saw Mr. Burrows there, and a gentleman, and I also saw his clerk—I delivered the bond to the clerk, and received from him this cheque for 650l.—the prisoner Was present at the time—I should not have left the bond if I had not received the cheque in return.
COURT. Q. Supposing it had been said, "I will send you down a cheque?" A. I should not have done it in that case—I had never been to that office before—I was not a clerk of Mr. Heseltine's, I only went at his request, he being busy, to take up the bond and receive a cheque immediately, because paying time was coming—this was about half-past two—anytime up to four o'clock will do, but we always like to pay up at half-past three—if it had been said, "I will bring you a cheque at three o'clock, "I should not have been justified in leaving the bond—Mr. Heseltine's clerk may have done so, but I had nothing to do with the business: I should not have done it.
MR. GIFFARD. Q. Did Mr. Burrows see and hear what was done? A. Yes; he made a remark, "Heseltine, all right?"—I suppose he read the label on the bond—I believe the cheque was already drawn, for I was not there more than half a minute—it was quite dry when I received it.
Cross-examined. Q. When he said it was all right, were the bonds in his hand? A. I cannot say, because I was looking through the railings—I delivered the bond to the clerk, and Mr. Burrows was on the other side—he looked, and said "Heseltine, all right"—he bad looked at the bond and found it was right, and after that I received the cheque—I have been a few years in the business—I do very little—I have on previous occasions delivered bonds to other members of the Stock Exchange, under similar circumstances—I do not remember a case where I did not receive a cheque, possibly I may not have done so, if I have known the gentleman to whom I have delivered the bonds—I knew Mr. Burrows by sight, but not to speak to—if he had said, "I will send you a cheque down in twenty minutes, or half an hour, I am too busy to draw it now, "I should not have felt myself justified in leaving the bond; I should have taken it back again to the office—I should have taken it from the clerk, if I could have got it—I was then on the other side of the railing.
WILLIAM PALMER . In October last I was clerk to Mr. Secretan, a member of the Stock Exchange—on 14th October, I went with twenty Ottoman Bank shares to Mr. Burrows' office—I did not see him when I first went there—I did afterwards, and asked him for the cheque for the "twenty Ottoman banks"—he drew this cheque for 330l. and gave it to me—I had delivered the shares to Mr. Burrows' brother, who was in the office, the first time I went there—that was before Mr. Burrows came in.
LEWIS PEARCE . I am clerk to Mr. Oliver, a member of the Stock Exchange—on 14th October I delivered some Spanish Passive bonds to Mr. Burrows—I saw him and gave him the bonds—he counted them and wrote a cheque and signed it—Mr. Oliver has the cheque, he is not here.
CHARLES HOPKINS . I am a member of the Stock Exchange—in October I had some Turkish bonds to deliver to Mr. Burrows, they were sold to him at the latter end of September, and also some Spanish bonds—they were to be delivered on the 14th, the sum due to me was 1,838l.—I took the bonds to his office on the 14th—I delivered him 2, 000 Turkish, the Spanish certificates he wished me to carry over to the next account—I then delivered him the remainder of the Turkish
bonds, 1, 500, and received payment for the lot in this cheque—it is crossed—I paid it into my bankers—it was returned dishonoured—I put the bonds on the table when I received the cheque, and he counted them—as far as I can recollect, they were on the table when I received the cheque.
Cross-examined. Q. How long after you had given him the bonds, did you receive the cheque? A. I received the cheque at the time of the delivery of the 1, 500, the latter portion; I had taken 2, 000 first, and some time afterwards, probably a quarter of an hour after, I took the remainder, and it was then I received the cheque for the whole.
COURT. Q. Did you actually deliver the 1,500l. before, or at the time you received the cheque? A. It was simultaneous, while he was counting them the clerk wrote the cheque.
MR. GIFFARD. Q. What induced you to part with these 1,500 bonds? A. They were due to him, they were to be delivered to him—I waited for the cheque; if I could not have got one I should not have left the bonds there—if he had said he would send the cheque down, I should have had no reason to doubt him at the moment—I might possibly have left the bonds for the time being, but I should have gone again in a few minutes, if the cheque had not come down.
MURRAY RICHARDSON . I am a member of the Stock Exchange—I had to deliver to the prisoner, on 14th October, 3, 000 new Mexicans, and 1, 000 three per cent, coupon stock, and 3, 600 old Mexican at three per cent; altogether I was to receive 1,259l. 1s. 9d.—I gave directions to one of my clerks to deliver that stock to Mr. Burrows—we always receive payment for stock delivered in the ordinary course of business—I should not give any special directions as to that—I Bent my clerk in the ordinary way—I was to receive payment according to the ordinary practice, although I did not say so—my clerk received this cheque for 1, 259l. 1s. 9d. and paid it into my bankers—it was returned endorsed, "Not sufficient."
Cross-examined. Q. Do you know when it was returned? A. I think the next day, but I know that night at five o'clock it was not paid.
JOHN WILLIAM PARKER . I am clerk to Mr. Richardson—I was at the office when this cheque for 1,259l. 1s. 9d. was brought—Mr. Burrows had had part of the stock previously—he had called at the office and taken a portion of it, and the rest was sent to him.
Cross-examined. Q. Did he bring the cheque afterwards? A. Yes, perhaps an hour or two after.
LAURENCE JAMES BAKER . I am a member of the Stock Exchange—I sold the prisoner certain amounts of Turkish bonds during the account for the 14th October—I saw the prisoner several times on that day, on the last occasion in my office—he brought me this cheque for 458l. 13s. 9d.; it is a crossed cheque on the Alliance bank—he had had the bonds, they had been sent to him during the day.
Cross-examined. Q. After the prisoner was taken into custody, did you see his brother? A. Several times—I received from him some days subsequently to the prisoner's being given into custody, certain deeds and documents—there are some circular notes on the London and Westminster bank for 300l., and a letter of indication, two or three cheques on the Bank of London, signed in blank by Mr. J. Grantham, and two Railway tickets from Charing-cross to Paris.
EDWARD WILLIAM MILLER . I am a cashier at the Alliance bank, the prisoner had an account there; it was opened on 14th July, 1863—on the morning of 14th October last 74l. 1s. 5d. was standing to his account—it was not increased at all during that day—our bank is in the Clearing house our bank is in the clearing house
—during the afternoon of 14th October cheques to a considerable amount drawn by the prisoner on our bank were presented in the regular way through the Clearing-house and dishonoured—the cheques produced amount to 9, 120l.—I know the cheques; there is a mark of mine on them—on 5th October I cashed a cheque of the prisoner's for 150l.—I gave for it one 100l. note, No. 59, 262, dated 24th March, and the other for 50l., No. 52, 331, dated 28th June—on 10th October the prisoner paid in this cheque on the Bank of London for 125l., drawn by Grantham, payable to No. 1.—credit was given to the prisoner in his account for that sum.
WILLIAM GIPSON . I am a cashier at the Bank of London—on 5th October the prisoner called on me with Joseph Grantham, whom he introduced to open an account—after the account was opened he was asked whether Mr. Grantham was in business—he said, "He is my clerk"—Mr. Grantham signed the book, and the account was opened—the prisoner paid me 150l. in two notes, one for 100l., No. 59, 262, dated 24th March, and one for 50l., No, 52, 331, dated 28th June—this cheque for 125l., dated 10th October, is drawn by Mr. Grantham in favour of No. 1.—during 14th October cheques were paid in to our bank to the credit of Mr. Grantham—I know that from the books; I received one myself—they are all entered I in this book—we gave credit to Mr. Grantham for certain cheques that day, I amounting to about 1,400l., in three sums, 1,086l. 16s. 2d., 352l. 7s. 6d., and 1 28l. 2s. 6d., consisting of various cheques—these five are some of them; they are for 485l., drawn by Mr. Cannon, 243l. 15s. by Mr. Carr, 95l. by Arthur Pearce, 38l. 17s. 6d. by Thomas Price, and 334l. 7s. 6d. by H. Hamber.
HENRY HAMBER . I am a hosier in Threadneedle-street—I know the prisoner—I instructed him to buy for me 25 Imperial Ottoman Bank shares—they were to be paid for on 14th October—on that day the prisoner delivered to me 25 of those shares—I gave him the price of those, 334l. 7s. 6d. 1 by this cheque—it has been returned through my bankers paid.
EDWARD WILLIAM CANNON . I am a member of the Stock Exchange—I had some dealings with the prisoner on 14th October—I paid him this cheque for 485l. for stock that he delivered to me—it has been returned through my bankers paid.
WILLIAM EDMUND JONES . I am one of the cashiers of the Bank of London—I paid this cheque on 14th October, drawn by Mr. Grant ham, I believe, for 444l.—I paid it with a 300l. note, ten 10l. notes, and ten 5l. notes—the number of the 300l. was 81, 752, date 26th January.
HENRY BUCELAND . I am a clerk in the London and Westminster Bank, at Lothbury—on 14th October some person applied to me for circular notes to the amount of 300l.—the money for the notes was paid to me by a 300l. note—I delivered that note to Mr. Paterson, another gentleman in the same bank, this is the ticket (produced), which I received for the circular notes—some person called for the circular notes, and I gave that person twelve 25l. circular notes—these are the notes (produced).
Bank, Lothbury—on the 14th October, I received from the last witness a 300l. note—this is it: No. 81, 752; date, 26th January, 1864.
WILLIAM STURDY . I am in partnership with Mr. Baker—on the evening of 14th October, I went to the railway-station at Charing-cross—I was familiar with the appearance of the prisoner—I saw him at the Charing-cross station on the 14th October, about six minutes past 8—the mail train for Dover was going at half-past 8—the prisoner did not present his usual appearance when I saw him then—he had taken his beard off, and shaved his whiskers, and he also wore a wig—when I first saw him I thought he was the man, but looking at him a second time, I thought there was some little difference which I could not account for—I got into the carriage where he was, extended my hand to him, and said, "How do you do, Burrows?"—he extended his hand, and shook hands with me—there was a lady with him in the carriage—I said that he had done wrong, and that he must come with me—he said he had done wrong, and he should not make any resistance—he and the lady got out of the carriage—I got his luggage out of the van, and I asked him for his keys, which he gave me—I examined his boxes, to see if there were any bonds there; but found done—the luggage was labelled for Paris—I then took him in a cab to Bow-street—the lady went also—I did not give him in charge then—from there we went to the Great Northern railway-station—he told me that the stock was with his brother at Shenleyhill, about six miles from Barnet-station—we all three went there, and got to his brother's about half-past 10 at night, or a little later, perhaps—his brother was at home—to the best of my belief, the prisoner said to him, "The bonds that I gave you this afternoon to take care of for me, with orders to bring up to the office to-morrow, I now request you to deliver to this gentleman"—the brother left the room, and immediately afterwards came in with a parcel; it contained certain bonds—this is the paper that was with the securities—(Read: "5, 000 Passives, 3, 000 cotton loan, 3, 000 Turkish consolidated bonds, 5, 000 Mexican, 25 Ottoman Bank shares, and 20 Ottoman Bank shares")—the then value of those altogether is stated at 6, 980l.—the prisoner had not carried out the items quite correctly; it was at that time within 100l. or 200l. of 6, 980l.—he had put down the price; but he had not carried them out correctly—the arithmetic was wrong.
Cross-examined. Q. I suppose 1 may take it, that Confederate bonds would be very saleable on the continent? A. I have no doubt they would—I believe they were originally brought out at Frankfort—I think the prisoner stated to me on the way to Barnet that he had delivered the bonds to his brother to be taken up to the office on the following morning—I believe he said that his Stock-Exchange creditors would naturally call at his office—he did not tell me that his brother had instructions to deliver those bonds to his creditors on the following morning; nothing to that effect—he said that he was going to leave the country, because he did not wish to be declared a defaulter in London—as a matter of fact those bonds were divided amongst the gentlemen who had originally handed them to the prisoner—he did not propose that; he did not oppose it—he gave the bonds up.
COURT. Q. That was for that purpose; that they should be given to the creditors? A. Realized for the benefit of the creditors; the proceeds didivided among them.
The only case left by the Recorder to the Jury was that of Mr. Heseltine upon the evidence of Mr. Lancey; and as to this, the Jury found that Mr. Lancey gave him, and intended to give him, the ordinary credit of the Stock
Exchange; that the prisoner knew the cheque to be worthless at the time he gave it; but that Mr. Lancey parted with the bonds on the full belief that the prisoner would pay for them.
NOT GUILTY .
MR. DALEY conducted the Prosecution, and MR. ORRIDGE the Defence.
GEORGE MARSHALL . I am an engine-driver, at 14, Hendon-street, Pimlico—about 12, on the morning of the 2d December, I had a pint of ale in a public-house in St. Giles; I then left—I had had a drop to drink, but I knew what I was doing; I think I saw the prisoner in the public-house; I could not swear to him—when I got up the street a short distance, he came up to me, collared me, threw me on my back, got my watch in one hand, and had me by the throat with the other—he fell on top of me; I held him tight; he could not get away—I saw my watch in his hand, and the guard was broken into two or three pieces—I called "Police" directly, and a constable came—the prisoner was then in the act of putting the watch in my pocket again—this is it (produced).
Cross-examined. Q. Where are you a driver? A. At Mr. Smith's, Thames-bank—I left my work at 6 that night—I did not leave home till past 9—I was at my club at a public-house, the White Horse, from 9 to 12—I had no spirits of any kind there—I was in liquor; a little will take effect upon me—there were other people in this public-house where I think I saw the prisoner—I did not see any row; I was not pulled or kicked out; I left of my own accord, quietly—there was no quarrel with me.
THOMAS BAMPTON (Police-sergeant, F 23). I was on duty this night in the Seven-dials, and heard a cry of "Police"—I went to the spot, and found the 1 prosecutor on his back, and the prisoner on top of him—the prosecutor said, "He has got my watch, "which I saw in his right hand—he had hold of the prosecutor by the throat with his left hand—I seized the prisoner, and pulled him off; we had a struggle; I got some assistance, and took him to the station—I found the watch afterwards in the prosecutor's pocket, put back again—his guard was hanging down.
Cross-examined. Q. Had you some difficulty in getting him off the prosecutor? A. The prosecutor had hold of him—I told the prosecutor I had got him, and then he loosed him—this was near a public-house which was open—the prosecutor's coat was unbuttoned when I took the prisoner off him—I swear it was the watch I saw in the prisoner's hand, and not the chain—I did not see him put it back into the prosecutor's pocket, because he was lose on top of him—I took them both to the station—the prosecutor walked behind with another constable—I detained him at the station all night; he was the worse for liquor.
GUILTY . **— Confined Twelve Months.
MR. COOPER conducted the Prosecution.
THOMAS CORAM . I keep a coffee-shop at 8, Drury-lane—on the morning of 4th December, about 1 o'clock, I was awoke by some one going up my stairs—that person had boots on, but he came down without any; in about twenty minutes afterwards I heard the street door shut very gently—the prisoner had been lodging in my house from 5th November up to that time—he slept in the third-floor front room, where the two witness slept who are here
—the prisoner was in the habit of going up and down stairs without his boots; he had a latch-key—on the night in question he did not sleep at my house—on the 5th he came in about half-past 12 in the morning—I asked him where he bad slept—he said he did not sleep up stairs at all; he slept at a coffee house in Broad-street—he picked up a female, and slept with her, and paid 2s. for the bed—that house is not three minutes walk from mine—I said, "There is a watch stolen from John Hart, and likewise a watch, and a German silver guard, and 8s. 6d., from Charles Livermore; two persons who sleep in the same room"—he said he did not know anything at all about it; he did not sleep in the room—I called the two young men down, and he was given in charge to a constable—the street door is very awkward to open, and likewise the bedroom door; no stranger could open that door without making a tremendous noise, and waking up the other lodgers—the prisoner would know how to open it—it hangs down to the floor; you have to hoist up the handle to lift it on the hinges to open it without noise.
CHARLES LIVERMOKE . I am a carman, and lodge at No. 8, Drury-Inane—the prisoner had been in the habit of sleeping in the same room with me; except on the night of the 3d December—I went to bed about twenty minutes to 10 that night—I left my watch in my watch-pocket, folded up in my trousers on the chair, and 8s. 6d. in my purse, also in my pocket—I missed them between 5 and 6 the following morning, and my trousers were on the floor—I also missed a key—my watch was a largish silver one, with a white face—the glass was what they call a double flint, I believe—there was a German silver chain on it, and a split steel ring attached to the chain—I have seen that since—this is the ring (produced)—there are some private marks on the split which I made myself, and also five marks on my watch—I am positive this is my ring—my watch was worth about 2l.
Prisoner. I know nothing about it.
JOHN HART . I am a carpenter, and slept in the same room as the prisoner—on Saturday night, 3d December, I hung my watch up at the head of my bed, and covered it with two caps—between 5 and 6 next morning, I missed the watch—I also found a sheet of blotting paper, with which I used to cover my money, moved, and thrown on to my pillow—my watch was a new Geneva—I gave 1l. 5s. 6d. for it.
MARY WILLIAMS . I am servant at 4, Broad-street, a coffee-house—on Sunday morning, 4th December, I admitted the prisoner and a female—it was between half-past 3 and 4—the prisoner left again about 9, and the female about 10—the house is not far from Mr. Coram's.
SAMUEL SQUIRREL . I live at 9, Crystal-terrace, Upper Norwood, and am a greengrocer—I know the prisoner—on Sunday, 4th December, about 11 in the morning, he came to my house to pay us a visit—he showed me a silver watch with a white face—I did not examine it minutely—I told him I did not like the click of it—it had a stout curb chain attached to it—he said it was a silver chain—I disputed the point with him, and said I thought it was German silver—he said it was silver, but it was dirty—on the following Monday week a constable came to my house, and I saw my wife hand a split steel ring to him—I had not seen that before, to my knowledge—it was a small watch the prisoner had, an ordinary-sized tradesman's watch, a pretty little watch.
COURT. Q. Did you observe what the glass was? A. An ordinary glass;
it was not a double flint glass, like mine—I won't say whether it was a Geneva or a lever watch.
COURT to SAMUEL SQUIRRELL. Q. Had the watch you saw a secondhand? A. I can't speak to that.
MARY ANN SQUIRRELL . I am the wife of Samuel Squirrel—I remember the prisoner coming to our house on Sunday morning, 4th December—he had a watch in his waistcoat pocket, which he took out several times during the day—I saw it—he took this ring from a silver guard and gave it to my youngest child—I saw him take it off—I gave that ring to a constable on 12th December.
Prisoner. Q. When did you see me take that off? A. During the time you sat in the kitchen—you left us about 7 in the evening—at that time you had a watch and a chain round your neck.
Prisoner's Defence, I left a friend over the water, at from 1 to half-past Going home I met a female, and accompanied her to the house in Broad-street. I stopped there till 9 o'clock. I knew my club-money was due, so I went down to Mr. Squirrel's house; he is the secretary of the club I belong to. I know nothing of this robbery.
Confined Three Months.
MR. OBRIDGE conducted the Prosecution, and MR. LANGFORD the Defence.
WILLIAM PARKER . I live at East Moulsey—I am not in business there—on 27th December, about 1 o'clock in the afternoon, I was in Bushy Park, going towards Teddington—I met the prisoner—I knew him to be a neighbour, nothing more—I talked with him, and he turned back with me—we went together to the Adelaide Tavern, Teddington—I asked him what he would have—he said a pint of half-and-half—I gave it to him—we then went into a room, where I saw a person who recognised me, and asked me to taste some purl they were drinking—I did so, and said, "It is very good; we will have a quart"—we stopped there till a little after 6—we then left, and went towards the park—Stone then wanted to go back, and we went back to the Adelaide—he said something to Mr. Hammerton; I did not take any notice of it—I went back—we had very little more to drink; we only stopped a very few minutes—they then went and fetched a policeman to see whether I was right, and the policeman said, "There is nothing at all the matter; I don't consider you want me"—Stone then caught hold of my stick, and said, "Come along, uncle"—I said, "We have come here together, and we will go out together"—he told the others he was going towards my house, he would see me home—after we got some distance into the park I was tripped up—there was nobody else near—I received a blow, had my coat torn open, and my watch, locket, and two chains taken—I said, "Don't do that"—he said, "I can take better care of it than you can"—he left me on the flat of my back, and I never heard anything more of him till the Thursday morning—he called me "uncle"—we are no relations—I knew him by
sight, but did not know his name till he told me—these are my things (produced) which I lost upon that night—on the 29th I went to the prisoner's house—he said, "How do you do: I am glad to see you"—I looked at him—he said, "Won't you shake hands?"—I said, "Do you know where my property is?"—"Your what" he said, "have you lost your property?"—I said, "I won't ask another question; I will give you a 5l. note if you will let me have the property"—he said, "My dear man, I know nothing about it"—I could make nothing of him, and I put it in the hands of the police.
Cross-examined. Q. Does Stone live about a hundred yards from your house? A. I don't know the distance; you may call it a hundred yards—I know now that he has been a soldier—when we met I said, "I know your face, but I don't know your name"—he said, "Mine is a very hard name, it is Stone"—a cabman came to the Adelaide a little after 6—I did not toss with him, that I am aware of; I don't know—I am not aware that I ordered a pint of gin—there was some gin drank during the afternoon—I don't remember falling down when I was with Stone—I did not hear him tell Hammerton and Pope that I had got a watch, and that they had better take care of it for me—they persuaded me to go home in a cab; I told them I could walk home—the policeman said I could walk home by myself—when I went back with Stone into the house there was a rope-mat with a hole in it, and I tripped up there—Pope said he would go home with me if Hammerton would, but he said he had something to do, and could not go—at the time Stone took these things from me I fancied he was going to take care of them, at least not at that time, when I got to the ferry the ferryman asked me whether I had lost my watch, and he said, "That is all light, "and then I believed that it was right—I presume Stone went over that ferry; not with me—we walked under the trees; there are large roots to those trees—this was on the Tuesday—I did not go to the prisoner next day, because from the blow I had on my head, and the purl I had taken, I did not feel exactly competent to turn out—I went to a public-house on the Wednesday night—I saw the prisoner's cousin there then—I went upon the business of the watch.
MR. ORRIDGE. Q. Did you go in search of Stone on that Wednesday night? A. No—I went in search of his cousin, the ferryman who took me over—when I saw Stone on the Thursday, he did not say anything about taking care of my property—he left me in the park to take care of myself.
JOSEPH POPE . I am a builder at Teddington—on Tuesday afternoon, 27th December, I was at the Adelaide—I saw Parker and the prisoner there—we all drank purl together there till between 6 and 7—I did not see the prosecutor eave the house the first time—I saw him come back with the prisoner—my friend went to fetch a policeman—he thought the prosecutor could walk, that he was not the worse for drink, and 1 took hold of his arm to lead him part of the way, if my friend would go—he would not go above fifty yards—the prisoner then said he would take him home, and he took him on his way home—the prisoner was sober—the prosecutor knew what he was about—I saw the chain and locket that he was wearing when he left me—I did not know either the prisoner or the prosecutor before—I heard the prisoner call Mr. Parker "Uncle"—I thought he was a relation.
Cross-examined. Q. What time was it that you first saw either of these parties? A. Between 1 and 2—I did not hear the prisoner say that Parker was the worse for drink, and had fallen down; I could not hear what he said—I heard Parker positively refuse to go in a cab.
EDWIN HAMMERTON . I am a carman, living at Teddington—on 27th December, about 4 o'clock, I was at the Adelaide—Mr. Parker and the prisoner came in—I was drinking some purl—Mr. Parker tasted it, and said he would have a quart of it—Parker and the prisoner left about ten minutes past 6—in about five minutes they came back again—Stone told me he had taken a second thought, he said, "Supposing we get into the park together and I should leave the old b----r there, and somebody comes by and robs him, they will blame it to me"—I said, "Certainly they would"—I afterwards went to a policeman who lived four doors from the Adelaide—he came and said the prosecutor was quite able to walk home, and let him go—the prisoner kept calling him "Uncle" all the afternoon—Mr. Pope went about twenty yards with Parker, and then stopped, because he found I would not go—the prisoner then said, "How much will you stand, you old b----r, if I take you home?"—Parker said, "Well, I met you, we came to the Adelaide together; take me home"—they went off towards Bushy-park, Parker wearing the watch and chain, I will swear.
Cross-examined. Q. Were you there all the afternoon? A. Yes; I left for about ten minutes or a quarter of an hour—I saw no cab or cabman there—the prisoner did not come back and tell me the prosecutor had fallen down—he refused to go in a cab.
JOHN WHITE (Policeman, V 272). I am stationed at Hampton—on Thursday afternoon, 29th December, the prosecutor came to the station—in consequence of something he said I went the same evening to the prisoner's house with the prosecutor—he asked the prisoner if he would give up the property, and offered him 5l. to do so—he said, "My dear sir, "or "My good man, I shall be very happy to earn the money and restore the property, but I never saw it, and I know nothing about it whatever"—I said, "Will you give him in custody for stealing the property?"and he said he would—I went back to the house, after taking the prisoner to the station, and searched it, but found nothing relating to the property—there was a box locked in the bedroom—next morning he was taken before Lord Charles Fitzroy, and remanded to the Thames Police-court—on the following morning, when he was in the cell, I said to him, "There is a box locked in your bedroom, where is the key?"—he said, "I believe it is on the mantel-piece in the bedroom"—I said, "No, there is no key there"—he said, "Then I must have the key about me"—he felt and found it, and gave it to me—he afterwards said, "I believe, if I am allowed to go with you, I can give you information relative to this property"—I said, "You will not go with me"—he said, "The property you will find in the box, the watch, one chain, and the locket; I only saw one chain"—I said, "There were two chains stolen"—he said, "Yes, two chains"—I afterwards opened the box and found the watch, one chain, and a locket, wrapped up in a piece of flannel—the other chain I found folded up in a pair of gloves in another part of the box—that was on the Friday morning.
The prisoners statement before the Magistrate:—"I intended to return the watch when I took it, and reserve what else I have to say."
The prisoner received a good character.
GUILTY.—Recommended to mercy by the Jury, on account of the temptation to which he was exposed, and his previous good conduct. — Confined Four Months.
GAMBIER was recommended to mercy by the Prosecutor, believing that he had been led away by the other prisoner; he promised to take him again into his employ.— Confined Two Days. CLAXTON.— Confined Twelve Months. There was another indictment against the prisoners.
NEW COURT.—Tuesday, January 10th, 1865.
Before Mr. Common Serjeant.
170. JOHN CRAWLEY (24) , Breaking and entering the dwelling-house of Eliza Green, and stealing therein 5 frocks, 3 pairs of stockings, and other articles, her property; and 1 bed-gown and other articles, the property of Elizabeth Gardner.
MR. GENT conducted the Prosecution, and MR. PATER the Defence.
THOMAS PAYNE . I live at 110, Aldersgate-street—on the evening of 8th December, at 8 o'clock, I was at tea, in the kitchen on the first floor, and beard the door tried three or four times—I then heard Mrs. Hart call out, "Thief! Thief!"—my door was then pushed open, and I saw the prisoner quite plainly—he immediately went down stairs, and I followed him, and kept him in sight as far as Carthusian-street, where I caught him with a bundle—I stopped him, and he brought the bundle as far as the Red Lion public-house, where he struck me twice, and I was compelled to leave go of his collar—he then dropped the bundle, and Mr. Hart, who was then in the street, called out, "Thief!"—he got away—the policeman took the bundle—there were five dresses in it.
Cross-examined. Q. Did you return home, and was the prisoner brought there? A. Yes, five or six minutes afterwards by a policeman—there was some confusion in the street after he struck me—I saw no woman there—it was the prisoner who pushed my kitchen door open.
MR. GENT. Q. Did he push it wide open? A. About two feet—I had a light in the room and saw him plainly—I am positive he is the man—I tore his coat where it is sewn up now—there was gas in Carthusian-street where I stopped him, and I saw him plainly then, and said, "I want you."
HARRIET HART . I am the wife of a warehouseman, and live on the first floor at 110, Aldersgate-street—on 8th December, somebody shook my door violently, but it was locked; I always keep it locked—I went out and saw the prisoner running down stairs—my brother ran after him, and I ran also—I called out, "Thief, thief!"and he was caught—I picked up this bundle opposite the Red Lion in Carthusian-street, and brought it back—I did not keep the prisoner in sight all the time, but the mob ran after me, which directed me—I ran in doors with the bundle, and the policeman came and knocked at the door with the prisoner—I did not see the prisoner's face as he ran down stairs, but he looks to be the man; he has the same coat.
Cross-examined. Q. Whose bundle is that? A. Miss Green's—they are lodgers of ours—Mr. Payne is my brother.
HENRY WARRINGTON (Policeman, G 146). I was on duty in Aldersgate-street, and saw the prisoner running towards Goswell-street without a cap, about a stone's throw from Carthusian-street—he was running in the middle of the road—some person hollowed out, "Stop him!"—I followed him into Glasshouse-yard, where some people stopped him—I had not then seen Payne—I caught hold of the prisoner, and be said, "Let me go; I have only assaulted my wife"—he made a desperate resistance and tried to throw
me several times—a City-constable came to my assistance, and he made several kicks at him—it required several constables to take him—we took him to 110A, Alderegate-street, in the parish of St. Botolph, hearing that a robbery had had been committed there, and he was afterwards taken to the station with great difficulty—he gave his address, 26, New-street, Horsleydown—I went there, and found that it was false.
Cross-examined. Q. Have you anybody here from the house you went to inquire at! A. No—when I took him he was stopped by ten or a dozen persons who had collected around him.
LOUISA GREEN . I have a room on the third floor at 110, Aldersgate-street—on 8th December, at a quarter-past 5 in the evening, I went out and closed my door, leaving everything safe—I returned at half-past 7, and missed these articles (produced)—they are mine—I value them at 3l. 5s.—my door was shut, but not locked.
ELIZABETH GARDNER . I am single, and live at 110, Aldersgate-street, on the third floor—this bed-gown and mantle are mine—I went out at 8 in the morning and returned at half-past 8, and missed them—they are worth 2l.
GUILTY . **— Seven Years' Penal Servitude.
MR. LANGFORD conducted the Prosecution.
PRUDENCE BRISTOWE . I am servant to William Christie, of 245, City-road, in the parish of St. Luke—about 11 o'clock on the night of 16th December, I was in the back kitchen, and put a pair of boots there—I closed the window from the top—I missed the boots next morning.
WILLIAM CHRISTIE . These are my boots (produced)—on 16th December, about a quarter to 3 o'clock, I was disturbed by the springing of several rattles—I went into the back kitchen, and found the lower sash up.
JOHN SYMONDS . I am a bricklayer, and live at 19, Norman-street, St. Luke's, and work for a gentleman who lives next door to Mr. Christie—about 8 o'clock on Friday, 16th December, I went into my master's yard and found this pair of boots there—the wall of his yard divides it from Mr. Christie's garden.
JOHN BURNS (Policeman, 178). On 16th December, between 2 and 3 in the morning, I heard a bell ring, and saw a lady appear at the drawing-room window of the prosecutor's house—I went into a side street, got on a low wall, and saw the prisoners coming towards me in Mr. Lee's yard, which is next to the prosecutor's, but when they saw me they retreated—I saw them getting over from Mr. Christie's wall into the next yard—I was about five yards from them—I pursued them and took them in custody—I said, "What are you doing here?"—they said, "Nothing"—I took them to the station.
GUILTY . **— Confined Eighteen Months each.
MR. DALEY conducted the Prosecution, and MR. WILLIAMS the Defence.
GEORGE SMITH . I was a seaman on board the Killingwood steam ship—on 14th December, I was in Albert-street, Shadwell—I went to see Elizibeth Turner—I went up stairs to bid Martha good-night, and saw the prisoner just inside the room—he said something, but I do not know what he did, because I was drunk, but I felt something afterwards—I went down stairs, and said, "I am stabbed"—my drawers and trousers were all over
blood—I was stabbed through my waistcoat in my stomach and breast—I had never seen the prisoner before—there was only me and him and the girl in the room.
Cross-examined. Q. Were you very drunk? A. I was drunk—I went to see Elizabeth Turner; but as I was going away at 2 o'clock in the morning, 1 went to bid the girl good-night who was with the prisoner—I do not remember the prisoner asking me what I meant by coming into his girl's room—I did not call the prisoner an Italian son of a bitch—I do not remember saying that I would fight him; I cannot say that I did not—there was a scuffle and the light was blown out—I do not think I struck the prisoner.
ELIZABETH TURNER . I am unfortunate, and live at 13, Albert-street, Shadwell—I was sitting in the parlour with a person named Mills between 12 and 1 o'clock when the prisoner came—the prosecutor was very drunk; the prisoner was not so drunk—he remained with me about five minutes, and went up stairs—no one was with him—I heard a shout, and heard the prosecutor say, "Where are you, Martha?"—the prisoner said, "What do you want here in my room?"—I heard the prisoner say that he would push the prosecutor down stairs—I took a candle and went up stairs to fetch the prosecutor—I do not exactly know whether there was a light burning up stairs—when I got up, I saw the prisoner draw this knife (produced) from his right side and thrust it at the prosecutor, who was standing by the fireplace, saying, "Do you see this?"—I caught hold of his left arm to stop him from doing it, and he knocked the candle from my hand as he tried to swing me off his arm—I said, "Do not do that; do not make a noise in the house—I ran down immediately and called the police—there was no other man in the room—the prisoner ran down stairs, and pushed me out at the street-door as he made his escape—Martha Kelsey had come into the house with him about half-past 12, but she went out before this happened—I afterwards saw blood coming from Smith's clothes—he had come in to wish me good-night—I had only drank two pints of ale between Mary Mills and myself—I was quite sober.
Cross-examined. Q. The prisoner was up stairs in Martha's room, was he? A. Yes, he came home with her, and was not up stairs five minutes when I heard quarrelling—when the prisoner took out the knife he was on one side of a small round table.
RICHARD THEODORE GRUBB . I am a house-surgeon to the London Hospital—on 15th December, about 1 o'clock, the prosecutor was admitted there—he had two stabs; one on the left side of the chest, penetrating to the ribs, and the other in the abdomen, penetrating into its cavity—this knife would produce them—he was in danger, but is quite well now—the fat of the abdomen protruded through the wound.
The prisoner's statement before the Magistrate:—"That woman (Turner) came into my house and came up stairs, and hallooed for a policeman. She did not say anything about it. They came up to rob me; they knew I had money in my pocket. Two of them came in at 12.30, and I said, 'This is no time to come in my room,' and they called me an Italian son of a bitch. I said to the girl, 'If you like to stop, I'll go out;' then one of the chaps squared at me. I said, 'You are two, I am only by myself; I cannot fight you.' Then I fought with the prosecutor, and the other jumped on top of
me. Then I began to defend myself with the knife, and they tried to rob me of my watch and chain. The chain was broken in two pieces. One of the men ran away, and I went home, and in the morning the policeman came and took me."
GUILTY of unlawfully wounding. — Confined Nine Months.
MR. COOPER conducted the Prosecution, and MR. WILLIAMS the Defence.
HARRY DAVIS . I live at 28, Port pool-lane—on 26th December, I was at the Golden Anchor, Great Saffron-hill—when I went in, I saw a man wounded, and took him to St. Bartholomew's Hospital—I then returned to the Golden Anchor, and stayed there a few minutes—I was called outside as there was a bit of a disturbance—I saw the prisoner running away—I ran after him and laid hold of him—he turned round and stabbed me on the head—I was just falling, but a young chap caught me in his arms—I bled very much—the cut was a little over an inch long, and was such a wound as knife would make—he struck at me two or three times, and struck me once—I was taken to St. Bartholomew's Hospital.
Cross-examined. Q. What are you? A. A general dealer and broker—there had been a very great disturbance—there had been a great many costermongers there, but most of them went to the hospital—they were not very liberal in their abuse of the Italians—there were others running after the prisoner—I ran and caught him by the tail of his coat, and then received the wound.
MR. COOPER. Q. What did you hear? A. That there had been another row with the Italians, and I thought it might be one of the men who stabbed the poor man who is dead now, as two men were wanted.
ELIJAH MCPHERSON . I am a brass-finisher, of 29, Portpool-lane—on 26th December, I was in the Golden Anchor—I heard a disturbance, went out, and saw the prisoner and Davis running towards the corner of Kirby-street, where I saw the prisoner raise his hand with something in it, I could not perceive what, and struck Davis on the head—Davis said, I am stabbed," and fell Lack into my arms—I took him to the hospital—I looked at the place; it was a clean cut, such as this knife (produced) would do—it could not be done by a file.
Cross-examined. Q. What are you? A. A brass-finisher—I am not a surgeon—I know nothing about the row, because I went to the hospital.
MR. COOPER Q. Had you seen the prisoner before? No; I saw him outside when he was running—I did not hear anything said till after the deed was done.
THOMAS JONES (Policeman, G 165). On the night of 26th December, between 11 and 12 o'clock, I was on Great Saffron-hill in plain clothes—I saw four men run out of the Golden Anchor in the direction of Cross-street—I saw Davis stop the prisoner, who made three blows at him—Davis said, "Stop him; he has stabbed me"—the prisoner ran up Cross-street—I ran after him and took him, brought him to the station, searched him, and found this knife in his trousers'-pocket with three hairs, which look like hair from a man's head, sticking on it, and three red spots apparently of blood on the blade.
The prisoner's statement before the Magistrate: "At half-past 11, I was going home. They seized me by the collar and stole my hat; then they struck me in the mouth. When I saw I could not defend myself, I gave
two or three blows, and then I ran away. They took me at the eating-house of Signor Bondessa. They struck me and trod me under their feet, and took me in charge to the police-station.
GUILTY of unlawfully wounding. — Confined Nine Months.
MR. THOMPSON conducted the Prosecution.
JOSEPH STOCKTON . I am a driver, living at Chesnuts-road, Tottenham—on Sunday 20th December, between 10 and 11 in the morning, I put eight sheep into Mr. Williams' field—I missed one next day—went to the station and saw a sheep which had been slaughtered—it was mine—I knew it by marks of red ochre on the head and rump—it was worth 50s.
BENJAMIN WREN . I am a butcher of Tottenham—on 20th December, about 4 o'clock, Cox came to me in the street near my shop, and said, "Your shop is very bad and very empty for Christmas, you want two or three sheep, a couple of pigs, and a side of beef"—I said that is what I do want, and I wish somebody would send them in at a month's credit—he said, "Hold your d—d noise, you can have them as well as anybody else," and about 5 o'clock in the afternoon he came and said, "I am going to bring a sheep to your place"—I then went to the station and gave information to the police—when I returned the prisoner was at the back of my house, but I did not see him—he came about 8 o'clock, or a little later, and said, "Now then, have you got that b----y skin off?"—I said, "No"—he said, "I could have forty skins off by that time"—he and I then went to the wash-house, and there was a sheep there, which was brought in by Cox and Lewis—it was stiff, and appeared to have been dead some hours—that was the first time I saw it—the police were outside, and I spoke to them—I then went into the wash-house, and partly skinned the sheep, by the instruction of the police, on purpose to keep the prisoners—while I was doing so the police came in and took them.
Cox. Q. Did you say to me, "You take it down to my house, and I will give you 30s. for it, and come in and have half a pint of beer as you go down?" A. No.
JANE WREN . I am the wife of the last witness—on Tuesday 20th December, between 6 and 7 in the evening. Cox came in for 1 lb. of sausages—I served him—he asked permission to go through to the back, and I allowed him—I was detained by two customers, and, when they left, I went into the yard with a candle, and saw Cox pulling a dead sheep into my wash-house—I said "Good God, what have you got there?"—he said "Hold your row, I have brought it for your husband to dress, and I shall come for the skin at 9 o'clock, and I will take the blame all upon my own back"—I insisted on his moving the sheep, and he said, "Well, help me"—I said, "No, I shall not touch it, "and he pulled it to the dust-heap—he asked me for a knife and I gave him one, and came in and left him round by the dust heap—two constables were in the house at the time—I did not see Lewis till the police took him.
Cox. Q. Did not you give me the knife, and tell me to kill the sheep and stop its halloaing? A. No, it was dead—you looked so irritable and the perspiration stood upon you so, that I was afraid, and came in and left you there.
JURY. Q. What time was that? A. As near as I can tell between 7 and 8, it might not be quite so late.
THOMAS STATHAM (Policeman, N 417). On 20th December, about half-past 6, I went to Wren's place, in consequence of information which he gave me—I watched till about half-past 8 o'clock, and saw the prisoners together below the house—Cox went in at the shop door and Lewis went round to the back—I went into the shop and through the wash-house to them—Cox, who I knew as an inhabitant of Tottenham, was holding a candle, and Lewis was sitting on a table—I saw a dead sheep in the middle of the wash-house—I asked them what they were doing with that, and whose it was—Cox said, "It is Mr. Wren's"—I said, "I do not think it is"—he said, "It is"—I took him into custody—he resisted, but two constables came, and we took him to the station—Lewis was also taken—he did not resist much.
Cox. Q. Did I offer resistance before you struck me with your staff twice on the arm? A. You did.
THOMAS BERKIN (Policeman, N 521). I accompanied Statham, but did not see the prisoners till they were in custody—I took charge of the sheep—it was dressed at the station by a butcher, and I have the skin here—the prosecutor described it before he saw it.
Cox's Defence. I was going to the Masonic school, at Wood Green; Lewis walked with me; we saw a stray sheep near Hornsey turnpike. I said, "Let it be, "and we went on. It was still there as we came back, and Lewis said, "Shall we take it to the station-house." I said, "If you like." We saw this man, he said, "Never mind taking it to the station-house, I will give you 30 bob for it;" his wife brought out a knife and said, "Hark at it halloaing; kill it." We drove it to the dust-hole and I stuck it. Lewis then said that two policemen in disguise had been there, and that Mr. Wren had gone to the station to give information to try and get out of it. If we had not met him, we should not have taken the sheep to his house—I stopped there till he came back—he said that he would buy the sheep and anything else 1 liked to bring him.
Lewis's Defence. I went to Cox's house and had some tea. I afterwards went to Mr. Wren's, and into the wash-house—there was a sheep on the floor. I sat down. Mr. Wren came in to his tea, and then the officer came.
COX— GUILTY .—He was further charged with having been before convicted in January, 1863, to which he
PLEADEDGUILTY.— Seven Years' Penal Servitude.
LEWIS— GUILTY . †— Confined Twelve Months.
MR. WOOD conducted the Prosecution.
JAMES RAMSAY WEEDON . I am manager to Joseph Grant, a pawnbroker, of London Wall, in the parish of All Hallows—On 14th December, about five minutes past 5, I was in the shop—I heard glass breaking—I looked at the window and saw a hand being withdrawn—I ran out, and saw a man running across the road towards Blomfield-street—I followed him, and found him in custody at the end of the street—he was brought back to the shop, and then taken to the station—this (produced) is my master's watch—it had been hanging in the window close to where the smash was—it is worth fifteen guineas—this bracelet (produced) was hanging near the watch, and it is worth 30s.—it was picked up in front of the window and given to me.
JOSEPH SEARLE . I am 16 years old, and live at 5, St. John-street, Bethnalgreen—on 14th December, about five minutes past five, I was in London Wall, and saw a policeman with the prisoner in custody—I saw this bracelet
drop from the bottom of the prisoner's trousers inside—I picked it up and gave it to the policeman.
Prisoner. Q. Did you not tell the sergeant you could not swear it dropped from my trousers? A. I did not.
CHARLES HALSEY (City-policeman, 669). I heard a cry of "Stop thief!" and saw several persons running after the prisoner towards Liverpool-street—I ran and stopped him—Searle picked up this bracelet, and said, "Policeman, the prisoner has dropped this bracelet, "and gave it to me—the prisoner had no pockets, they were worn out—I noticed him put his hands in his pocket holes—his hand was bleeding—he gave me his correct address.
Prisoner. Q. Did Searle say that he could not swear it dropped from my trousers? A. Not in my presence—you said that you were lighting your pipe, and somebody shoved your hand through the window, but you had no pipe or tobacco.
Prisoner's Defence. I was lighting my pipe, and a man came by with a bundle. He said, "Get out of the way"—I put my hand to keep my head from going through the window, but what I knocked down I do not know.
GUILTY .— Confined Nine Months.
The following prisoners PLEADED GUILTY:—
Confined Twelve Months each . [Pleaded guilty: See original trial image.]
NEW COURT.—Wednesday, January 11th, 1865.
Before Mr. Recorder.
MR. COOPER conducted the Prosecution, and MR. BESLEY the Defence.
WILLIAM BROWN (Policeman K. 367). I have been in the Army—I have been in the police force eight years—on Sunday morning 4th December, about two o'clock, after midnight, I was on duty at Millwall—I was by myself—Mare's gate is the end of my beat—when I was near Mare's gate some men made a communication to me—in consequence of that I walked on—walking on I heard cries of murder and police—in consequence of that I ran to the Great Eastern public-house, and then into Cahir-street—I saw a woman coming out at a door there—she called out, "Oh, oh, you murdering brute"—I went across the street and saw a tall man come out of the house, and before I had time to speak to him, I saw he had something in his hand—he made a blow at my head—I bobbed my head on one side, and my hat fell off—he then struck me across the head with some hard substance and knocked me down senseless—I have the mark still, (Pointing it out) across the temple—when I came to myself I crawled upon my hands and knees ten or twelve yards towards the main road—when I had somewhat recovered I walked to the time-keeper's office at Mare's—I spoke to the
gate-keeper—that was about twenty minutes past two—I stayed there till a pensioner named Fern came—the time-keeper whistled and police-constable Clares came up—I was taken first to Dr. McCrea's—my head was bleeding very much, all over me, down to my boots—I afterwards saw the divisional surgeon, Mr. Brownfeld, he has attended me up to the present time—I saw the man, but I could not swear to him.
Cross-examined. Q. What time did you go on duty that night? A. Ten o'clock, at the other end of the beat; Mare's yard is the extent of my beat; I began my beat at the other end—it will depend upon whether I am detained, whether it takes me an hour and half to get to the other end of my beat—the distance is about a mile—if I was to work it all as it should be, I could not do the whole beat under an hour and half—the first time I got to Mare's gate was two o'clock in the morning—I had not been quite so far as that before—I knew that Clares was on duty where the pillar-post letter-box is—I knew that he had been on duty there some nights—no constables have beats there but us two—I had not spoken to Clares before he was whistled for and signalled by the pensioner—I had not seen him that night—I know the Ironmonger's Arms—I was not standing speaking to Clares opposite the pillar letter-box at quarter to one that morning—I did not see Clares cross the road and speak to a party of two men and a woman, at the pillar letter-box—I did not cross the road at all at the pillar letter-box that night—I never went so far as that—I did not go down Caber-street in company of another policeman before I heard the woman say, "Oh, you murdering brute!"—I did not see Clares close to me, not before I was knocked down—I did not use my truncheon at all that night—I have not got it with me now—Clares and I were never engaged with our truncheons out that night—I was not talking to Clares at half-past eleven—I did not see any one about the street when I was struck—the man never said a word to me—when the woman called out, "You murdering brute" the man was just coming out of doors—I could see him coming out—I was crossing at the corner of Cahir-street—he made a step or two inside the passage when she called out—I was on the other side of the street when she used the expression. I was in Cahir-street—I had got ten or twelve yards down Cahir-street when she used the expression, on the opposite side of the way, nearly opposite the door—it was not 39 yards from where I stood in Cahir-street to the main road, only 10 or 12—I saw Clares the night before—I do not know whether Mrs. McGeehan spoke to me the night before; some woman spoke to me.
Q. At two o'clock in the morning did you notice blood on the pavement? A. Only what came from my own head—I saw the blood on the pavement where I had bled—I was not present when a summons was applied for at the police-court—I do not think that they ever looked for the person who had struck me—I did not hear from Clares that he went to a house and searched the pockets of some trousers, and read some letters—I was told as I laid in bed that he went to several houses.
MR. COOPER. Q. Did you go to this house with anybody? A. No; I was in bed.
AARON CLARES (Policeman K. 257). I was on duty at Millwall, on Saturday night 3d December—my beat is next to Brown's—about two o'clock in the morning I heard a disturbance—T was then close to the Ironmonger's Arms, which is not far off Cahir-street, on the other side of the way—I went to Cahir-street and saw a woman there, and saw the prisoner strike Brown on the side of the head with a poker, or a bar of iron—there was a
lamp not far off, which showed a light so that I could see—I tried to catch the prisoner as he ran away—my truncheon was in my pocket—I saw no truncheon in Brown's hand—I had not seen Brown before, that evening—I saw no woman—I saw Brown a few minutes afterwards in Mr. Mare's watchman's yard—his head was all covered with blood, and bleeding very much—he appeared very weak, and I took him down to our station—I had not spoken to him before, that night—I had not seen him.
Crow-examined. Q. Had you been in the Ironmonger's Arms that night? A. No, I was not there at half-past eleven, drinking—I was not standing on the pavement talking to another constable near Millwall Ferry at quarter to one in the morning—I did not cross the road and speak to Patrick Smith, who was standing by the pillar letter-box, talking to Mr. and Mrs. Barber, nor did I push Smith with my hand, and say, "What are you doing here at this hour of the night?"—I did not strike Barbor on the lip and make his lip bleed—I did not receive a blow on the neck from him, from nobody—another policeman did not come up, and in my presence strike Mrs. Barber with his truncheon—Barber did not run away, and I did not follow him at that time, I never saw him—I was not, shortly after one o'clock, outside 4, Cahir-street—I did not say, "We will watch where she goes, and we will find the Irish b----"—I did not wait outside 4, Cahir-street till Barber came out—I did not thrust at him with my truncheon and break his watch—I did not, nor did anybody in my presence deliver a blow on the back of his head—I did not attempt to strike him more than twenty times and beat him to the ground—I saw Brown at the corner of Cahir-street, a few yards down, that was the first time I saw him that night—I know the house No. 4—I had not been inside that house before that—I did not go in after the blow was struck, not till after I had been to the station with the constable—I went at half-past three—I did not also go at two in the morning—I never went in till half-past three—I never went in before I came back. The witness's deposition before the Magistrates being put in stated: "I had been to 4, Cahir-street, about two o'clock"—at the time the pockets were turned out, it was half-past three—I went up into Cahir-street about two, but I did not go in—that was when the constable was knocked down, at two o'clock—I had not been there before, that night—I heard no such expression as "You murdering brute"—I saw a woman in Cahir-street—she was on the pavement, on the left-hand side, that is the same side as No. 4—Brown was in the middle of the street—the woman was not far from No. 4—she was more than halfway up, near the road—that was the time Brown got the blow, two o'clock—the prisoner was a little nearer the road than the woman—he was in advance of the woman and nearer the main road—the woman was following him; when the blow was given he ran towards the Ironmonger's Arms—I tried to lay hold of him, but he turned on one side and ran away—I did not speak to the woman at all—I went back to the constable, but could not find him—I did not see whether the woman was bleeding or not—I had been past the Great Eastern public-house during the night—prior to two o'clock I had not noticed blood on the pavement by the Great Eastern—I saw blood in the passage at 4, Cahir-street—at that time I knew Mrs. Barber had been injured; the woman Mrs. Reid said so—I made a complaint at the station-house about Brown being struck—I did not complain of being struck myself—before the blow on Brown I had not been to Cahir-street, in consequence of Barber having struck me in the neck—I passed the pillar-post, at about two, or a minute or two before—I never passed it till half-past one—I never saw a clock, I can't say exactly the time—it
was not about half-past one, I could not get round my beat in the time—I can't say the time I passed the pillar-post, I passed just as they were shutting up—I can't say exactly the time—mine is the adjoining beat to Brown's, and there is the Robert-street beat adjoining mine, that runs up the Union-road—I can't say how far the Robert-street beat is from the pillar letter-box—it is nearly a mile—the only beat that adjoins the pillar letter-box, is the one that adjoins my beat—I have been eight or nine weeks in the force—I went to no houses that night, not public-houses—I went to England Cottages on Sunday morning—we went to one or two houses in the morning—we went to 1, England Cottages, and to 4, Cahir-street—I don't think we went anywhere else, not to 8, Kingsbridge-place, then—that was long before five in the morning—I am quite correct—it was not dark when we went to England Cottages, the people were not in bed—we did not break open a door where there was a young woman in bed.
MR. COOPER. Q. What were you before you went into the force? A. I was in the country—I was a few yards from Brown when he was struck—I did not strike at anyone—when I went to 4, Cahir-street, I saw a little blood on the floor of the passage and the Inspector saw it too—it was close by the door.
GEORGE ALLISON (Police-Inspector K). About three or nearer four o'clock on the morning of 4th December I went, accompanied by the actingsergeant K 372, to 4, Cahir-street—I saw Sarah Reid there, the owner of the house—I went to look for Barber, and he was not there, or his wife—I saw some blood in the passage, and asked Sarah Reid how it came there—she mentioned some name—Mrs. Barber did not make any complaint to me—Brown came to the station and reported—I saw Clares at the station, and went back with him to the house.
Cross-examined. Q. Were you applied to for the names of the policemen? A. Yes, on the following Thursday, and I gave their names—I do not know anything about complaint being made on the part of Mrs. Barber—Clares came with Brown, that was the first time I saw him since he went on duty—I did not reprove Clares for the way he conducted himself at the house, he did not misconduct himself while with me—no doors were burst open, they were open—no papers were taken from the pockets of trousers, but they may have gone afterwards.
MATTHEW BROWN FIELD . I am divisional surgeon to the police, and reside in the East India-road—on Sunday, 4th December, about four o'clock in the morning I was called to see the prosecutor—he complained of a wound on the scalp—I found two lacerated wounds of the scalp; one, two inches and a half long, and the other about three inches—there was a great deal of blood—a poker would produce such wounds as I saw—if it was only one blow it must have been an instrument of unequal thickness, terminating abruptly—he was off duty a fortnight.
Cross-examined. Q. I believe there was nothing inconsistent with the blow having been given with a walking stick? A. A walking stick would produce such wounds, provided there were two blows—I don't know when Brown went out of doors—he was confined to his bed.
MR. BESLEY called the following Witnesses for the Defence,
PATRICK SMITH . I live at 1, England Cottages, Mill wall—I am a driller at the Millwall Shipping Works—I was in the same employ as Barber up to the time this took place—on Saturday evening, 3d December, I went to Mrs. McGeehan's, 8. Kingsbridge-place, with Mr. and Mrs. Barber and a person named Connolly—I and Mr. and Mrs. Barber left there somewhere
about half-past 12—when we got to the pillar letter-box at the corner of the turning to my house we stopped—I had not noticed any constable before that—I had hold of Mr. Barber's hand wishing him good-night, when a policeman came across the street to me—it was the dark-complexioned man—I saw him at the Thames Police-court, and identified him there—I don't know his name—(Claret was here called in)—that is the man—he came cross the street from a tinsmith's shop—he left another policeman standing there—when he came across he looked in my face, and gave me a chuck in the neck with his open hand, nothing to hurt me, and asked me what I was doing there at that time of night; before I could reply, he turned round to Mr. and Mrs. Barber, and Barber and he had a scuffle—Barber said, "If you are doing your duty," or something like that, and then there was a scuffle—when the scuffle was going on the other constable was coming across the road—the prisoner is that man—he had a stick or a staff of some description in his hand—he made an attempt to walk towards Barber, and got very near him, and Mrs. Barber shouted out, "James, run"—he turned round, passed me, and said, "I will soon do for you," and he hit her a violent blow on the back of the temple—he was about three yards from Mrs. Barber when he said, "I will do for you," and about half a yard from Barber—it was not a second after his saying that before he struck her—the blow was intended for her, because he could have struck me if he wished, but he stepped past me, and struck her—it was a very heavy blow—she would have fallen, but I caught her—I put my arm up to her head, and my sleeve was full of blood in a moment—when Brown had struck the blow, the second policeman turned immediately upon Barber, and she shouted again to James to run, or they would murder him—he ran backwards three or four yards, and then turned and fled, and those two after him—I wanted Mrs. Barber to come into our house, but she would not, and in a couple of seconds she ran out of my arms after her husband—I saw that the policemen were so determined that I went into my own place—I afterwards went down to Mrs. McGeehan's, and found Barber there and his mistress, who was bleeding dreadfully, and Mrs. McGeehan was holding a bit of wet cloth to her head—this was between 12 and 1 o'clock—it was ten minutes past 1 when I got to McGeehan's—I stopped in my own house ten minutes or so, and then I went down to Mrs. McGeehan's, and found Mr. and Mrs. Barber there—I saw no weapon with Barber—I had only been drinking a glass or two of wine, I was quite sober, and so were Barber and his wife—I was not making the least disturbance, only bidding them good-night.
Cross-examined by MR. COOPER. Q. Mrs. Barber did nothing to irritate the police? A. No; she never spoke to them—you could have heard the blow on her head, a long way—it made a good noise—I could hear it plainly—I cannot say whether it would wake up anybody who was asleep in the houses—I saw the staff in the policeman's hand coming across the street—I have worked sixteen months in the same employment with Barber—I am not related to him or his wife in the least—we have never been friends, only as shop mates—I saw Barber again on the Sunday morning at Mrs. McGeehan's—his wife was in bed there—that was at 11 o'clock in the day, on Sunday—I went into the room where she was in bed—I went in to see her, her husband was there, and Mrs. McGeehan was going backwards and forwards—this assault was talked over—I began to speak about it first—I said it was a very treacherous thing that people could not walk the street without being assaulted—Mrs. McGeehan asked me how it occurred, and I told her just as I have told you—I don't know
who was the next speaker; or that much more was said—Mrs. Barber said she was severely hurtled—she said she was dreadfully hurted, and that it was a very treacherous thing, and she asked me if I knew the policemen—I said I should know them again if I saw them—I was there ten minutes or a quarter of an hour—I then went and sat in the kitchen a bit, and Mr. McGeehan joined me—Barber sat with his wife—he came into the kitchen before I left, about an hour after I left the bed-room—he did not say much; he was very much troubled and knocked about, about the state of his mistress—I went to the Magistrate on Monday or Tuesday, I can't be sure to a day—I did not go first—I think Mrs. McGeehan went first—I do not know who went next—I was called in some day in the next week—I went in the same week, the next day or two.
COURT. Q. This was on the Sunday morning? A. Yes, and I went on Monday or Tuesday—I think it was Tuesday.
COOPER. Q. Who fetched you there? A. I was asked to go by Mrs. McGeehan—we went to Arbour-square—Barber did not go with us—he was on his work at the time—I think Mrs. Barber went on the Monday week—she was not able to leave her bed before—I am quite sure Barber had nothing at all in his hand on this night—I had nothing in my hand, I only had Barber's hand in mine.
MR. BESLEY. Q. You say Barber was much knocked about; did he show you his watch? He showed it to Mr. McGeehan in my presence, and said that the policeman gave him a bump with his staff, and smashed the glass and the hands of his watch—he said that in the parlour where his wife was sleeping—he mentioned no policeman's name or number, but I heard him say it was the policeman broke the watch—he also said the policeman had struck him on the hand, and he did not think he should be able to work for some time—he complained of his side when the conversation was about the treacherous thing—the policemen were the persons who were said to be treacherous—I went to the police-court at Arbour-square, and then Mrs. McGeehan said she would have to go to Mr. Young—she went, but I did not go—Mrs. Barber was in bed a week or more to my knowledge—Barber was in my company from 11 o'clock up to the time the policemen ran after him—twenty or twenty-five minutes elapsed from that time to my seeing him again at Kingsbridge place—he works at Northfleet.
COURT. Q. Do I understand, you did not see any staff in his hand either of the times you saw him that night? A. I saw nothing—Mr. McGeehan is a friend of mine—it is not a place where people drink—it is a respectable house—we were not drinking there—everybody there is a teetotaller, Mr. and Mrs. McGeehan and all.
ISABELLA MCGEEHAN . I am the wife of William McGeehan, of 8, Kings-bridge-place, Millwall, a boiler-maker—on Saturday night, 3d December, between half-past 11 and 12 o'clock, I saw Mr. and Mrs. Barber in their own house, 4, Cahir-street—I went straight from there to my own house, and so did Patrick Smith—I stopped there about twenty minutes—it was twenty-five minutes' past 12 when I told them the time, and a few minutes after that they left—Patrick Smith went with them—they would have to pass the corner of his house, England Cottages, on their road to Cahir-street—it takes about five minutes to go to my house from Cahir-street—when they left they were quite sober—Mrs. Barber has been in delicate health for the last twelve months—she had not been drinking, nor had Mr. Barber, nor Smith—there was no drink at all in my house—they were on perfectly good terms—Mr. Barber came back to my house about 1 o'clock, with a small stick in his hand—I hardly looked at it, because I got so excited when I
heard what the police bad done to Mrs. Barber—it was a stick, not a poker—he had been about five minutes in my house when Mrs. Barber came back with Mrs. Reid and her brother—they assisted her to my house—these (produced) are her clothes, and these are not the worst—this dark shawl was dripping with blood—it was quite sopped—there was a frightful wound in her head, and she afterwards went with me to Poplar Hospital—Mr. Barber remained with her that night—he remained in the cab while I went into the hospital with her—from the time I have mentioned he did not leave my sight at all—my husband was with him—Mrs. Barber remained in my house, and was taken care of by me—she was in bed till Monday week, when she got up in the afternoon for two hoarse—the first day she went out I went with her to the police-court—on the Monday, after going to the hospital, I went to Mr. Young—on the night in question, I saw Brown and Clares together, between the place where the deed was done and the Vulcan public-house; between the Vulcan and the pillar letter-box, but at the opposite side of the street to the letter-box—the Vulcan is on one side of the street, and the letter-box on the other—I knew them by sight before—they were standing pretty close to one another—I did not observe Clares' face so much as Brown's—they were standing close together talking, but I did not hear what they said—I saw them the night before, close to the box, and spoke to both of them—I only saw them the night before—I spoke to Brown—it was close upon 12 o'clock when I saw them talking on Saturday night—that was when I was going from Brown's to my own house—I saw no blood on the pavement, but I saw it in Barber's house—after it had been washed up, the stains of the blood remained.
Cross-examined. Q. When Mrs. Barber came to you first, what was done with her? A. She remained in my house—I gave her a chair to sit down in my kitchen—she passed the morning there, until I took her to the hospital—I do not know whether she remained in the chair all the time—she sat down by the door, and then I gave her a chair by the fire, and there she remained till my boy went for a cab—I then took her to Poplar Hospital, and was with her all the time—I was not sitting opposite to her in my room, I was walking about—Smith was not in the kitchen—her husband was in the kitchen with her—I cannot tell whether he stayed wish her—I did not wash these things, because if I had, how could I have showed them here?—I have kept them in my custody ever since in my house—they have not been looked no, but I have had the care of them—I went alone to Mr. Young on Monday—I did not go to the police-court, Arbour-square, till the Wednesday following—I went with Patrick Smith and Mr. Morgan's clerk—when I went to the police-station I saw policemen and other persons there—Mr. Barber first came and told me about this affair—he said that the police had nearly killed his wife—he had a walking-stick in his hand when he returned—I cannot say whether it was the thickness of my little finger, I was too much excited.
MR. BESLEY. Q. Did Barber show you his watch? A. Yes; the hands were injured—he said that the police gave him a poke with the baton—that was the first thing in the morning before his wife came—I thought it was impossible in such a short time, and then be pulled out his watch—he had also a cut lip where they had struck him with a baton, and his hand was black—he said that he was coming out at the door to get the doctor to his wife, and the police attacked him.
COURT. Q. Was that before Mrs. Barber came in? A. Yes, about five minutes before—he told me he had been attacked by the police, and held up
his hand to defend himself; that he was going out to get a doctor to his wife, and there was one standing outside the door who struck him on the hand—his band was a little blue then, but it got black afterwards—it was about 1 o'clock when he came in with the stick.
SARAH REID . I am the wife of John Reid, who works at Millwall ironworks—I live at 4, Cahir-street, in the same house as Mr. and Mrs. Barber—on Sunday morning, 3d December, about ten minutes to 1 o'clock, Mr. Barber came home, and in two or three minutes Mrs. Barber came in with her head bleeding from a wound in the temple—I had retired to rest, and I got up to let him in—Mr. Barber stayed till Mrs. Barber came in, and then left to go for a doctor—I did not go to the door when he left—after he had gone Mrs. Barber and I went to Mr. McGeehan's, 8, Kingsbridge-place—Mrs. Barber was not able to walk alone; I took her by the arm and helped her—no one else went with us—when we got there we found Mr. Barber and Mrs. McGeehan in the passage, coming not—it was then about twenty minutes past 1—they were leaving to go to the hospital, and I returned home—Barber is a peaceable, orderly, well-disposed man—he was quite sober, and his wife also—his usual habits are those of temperance and sobriety—on my way to Mrs. McGeehan's that night with Mrs. Barber I saw Clares and Brown together in the street, on the opposite side of the way to us; they could not help seeing one another—we passed on and left them—they are the same men I have seen here to-day.
Cross-examined. Q. Have you talked this assault over with Mrs. Barber? A. Yes—I do not know the date when I went to the station first.
MR. BESLEY. Q. Were you examined before the Magistrate? A. Yes—Clares came to my house at half-past 3 in the morning.
MATTHEW CANNON . I rent the house 4, Cahir-street, and let out part of it—I live there—I have been nineteen years in the service of Messrs. Pontific at their chemical works—Mr. and Mrs. Barber have lived at my house eighteen months; they are quiet, orderly, respectable people as ever came into a place—on Saturday night, 3d December, as near 1 o'clock as possible, Mr. Barber came in, and about two minutes afterwards his wife came in bleeding tremendously from the temple—I got some of the blood on my hand and on my shirt—she said, "Fetch a doctor, or I shall bleed to death"—Mr. Barber went out—I saw nothing in his hand—I did not look out into the street because I was in my shirt—I had been to bed—Clares, the policeman, came at half-past 3—I do not know whether the inspector was with them; I did not see them—they bursted our door open.
HENRY KIHLET . I am an engineer and pattern-maker, and live at Englandterrace, Milwall—on Saturday, 3d December, I was not in good health; I cannot say at what time I went to bed, but I laid awake all the night—there are three stories to my house, and I sleep on the third—I heard a row in the street between 12 and 1 o'clock, I cannot say exactly—I could not understand the words, but I heard a conversation in the street—after that I heard a blow; I heard somebody struck, and a scream, which seemed to be a woman—I then heard two men, in conversation together, go down the road—I did not get out of bed, I was too ill.
Cross-examined. Q. Can you give us any idea what the sound was like? A. It was very hard; it must have been a very hard instrument, on a very hard place—I cannot say whether a poker on a man's skull would produce such a noise.
MR. BESLEY. Q. What do you mean by saying that it was a row? A. It was not a friendly conversation.
JOHN FLYNN . I live at 5, Darby-terrace, Cubitt's-town—on 3d December I was with Charles McAndre at the Ironmonger's Arms, at the outer part of the bar between 11 and 12 o'clock—I noticed policeman 257 K come in and call for a pint of ale—I made an observation to McAndre at the time—I am positive of the man's number; he had a badge on his left arm—on the Sunday morning, on my way to church, I observed a pool of blood outside the Great Eastern, and the blood was sprinkled from the door of the Great Eastern towards the pillar-post; towards Kingsbridge-place; it was traceable as far as the pavement is laid—I went to Mrs. McGeehan's and made inquiries—the first information I got was from Mrs. McGeehan—I saw Mrs. Barber coming from Dr. Serjeant's between 10 and 11 o'clock, as I was going to church.
CHARLES MCANDRE . I am a hammer man—I was with Flynn at the Ironmonger's Arms, immediately opposite the pillar-post letter-box—I was standing at the bar—a policeman came in and called for a pint of drink—I cannot say whether it was ale or porter—I did not notice his number, or whether he had a badge on—I should not know him again—Flynn made a remark to me—I noticed blood on Sunday morning on the footway opposite the Great Eastern door, and as I walked along the footpath I saw the blood tracking along.
BENJAMIN BOLDO . I work at the Millwall iron-works—on Saturday night, 3d December, I was passing along the road between England Cottages and the pillar letter-box, going from the King and Queen, Limehouse, home to Union Cottages—that is not far from where Patrick Smith lives—I met him, and bade him good night—Mr. Barber and his wife were with him; they were coming down the same road as I was, and walking in the same direction—I passed them, and bade them good night as I passed—I saw the two police-men standing on the opposite side of the road, about twelve yards from the pillar letter-box, just across the road—when I got home I heard the scream of a woman, but did not go out again that night—when I did go out I noticed blood near the Great Eastern, on the pavement and up against the wall.
JURY. Q. Had you any previous knowledge of the two policemen! A. No; I do not know who they were—I only saw two policemen standing opposite.
ROBERT DEBENHAM . I am a surgeon, practising at Heath-house, Commercial-road—I first saw Mrs. Barber on Tuesday, 6th December—she had been attended by Mr. Serjeant before—I found her suffering from a wound on her forehead, about an inch and a half long—the head was inflamed, and erysipelas was commencing—the condition of the wound was therefore very much altered from what it would have been the day previous—there would have been erysipelas if it had not been attended to and poultice—it was not a serious wound, except so far as every scalp wound would be serious—I cannot say how it was caused, from the inflamed condition of the parts—whether it could be self-inflicted would depend on whether it was with a sharp or a blunt instrument; I cannot tell which it was—it might have been caused by a fall—Mr. Serjeant saw it first—a clean-cut scalp-wound will heal better if it is sewn up, but not if it is on the hairy scalp—this was on the forehead.
JOSIAH SERJEANT. I am a surgeon, practising at Ebenezer-terrace, Mil-wall—I saw Mrs. Barber about half-past 9 on the Sunday morning—I found a wound in her forehead—I think she had lost much blood—I directed her to go home—I called at 8, Kiugsbridge-place, on the Monday, and saw her
in bed—it was such a wound as would be inflicted by a hard, foreign instrument with a very sharp edge—this truncheon might produce it.
Cross-examined. Q. Do you think a poker would produce it? A. It would be more likely.
MR. BESLEY. Did you know anything about these people before? A. No.
GUILTY of Assault, but whether under circumstances of provocation or not the Jury cannot decide, the evidence being so complicated. — Confined Four-teen Days.
LYNCH PLEADED GUILTY .— Confined Six Months.
MR. THOMPSON conducted the Prosecution.
THOMAS SMART (City-policeman). On 3d January I went with another constable to 104, Back Church-lane, Commercial-road, Whitechapel—I had previously been there, and was told that Lane lived there—I saw her leave the house, and followed her in the direction of Cannon-street-road East—when I got up to her I said, "Mrs. Lane"—she immediately turned round—I said, "Your name is Lane?"—I believe she said, "Yes, it is"—I said, "You pledged some spoons; I want to know how you became possessed of them—she said that her sister, who was in service in the City, gave them to her to pledge"—I said, "You must go back with me to Mr. Fuller, the pawnbroker, in the Commercial-road, which she did—I asked the assistant, in her presence, "Is this the person who pledged those three spoons at your place?" he said, "Yes it is"—I took her to her residence in Back Church-lane, and said, "Are those three spoons all that you have had?"—she said, "Yes, they are"—I said, "Have not you seen any more?"—she said, "No"—I searched her lodgings—she endeavoured to find the ticket relating to these three spoons, but could not—I took her to Bishopsgate station, and left her there, while I apprehended Lynch at Mr. Geddes'—she was brought to the station, and when they were both together, Lynch said to Lane, "The truth must be told; you know you had the other four"—Lane immediately went on her knees and solemnly protested her innocence, calling on God to witness that she knew nothing about the other four, and Lynch as solemnly protested that she was guilty of having them—a few minutes after the charge was booked, she produced three duplicates of the three spoons—she was then locked up—they were taken before the Lord Mayor next morning, and remanded till the following day—when they were locked up in the cell Lane said, "I instructed my daughter last night to go and redeem the other spoons, but I did not like to tell you; you will find one of them pledged at the bottom of the street, in the name of Allen; the other three you will; find pledged at Mr. Carpenter's, in Cannon-street, for 6s., in the name of, Crampton," which I found to be correct.
ROBERT CHILVERS . I am assistant to Mr. Fuller, a pawnbroker, of King's-place, Commercial-road—I produce a duplicate and three spoons marked. "J. G." pledged by Lane on Monday, 2d January for 8s.—I gave information about them on Tuesday.
Lane, You asked me whose they were, and I said my sister's. Witness, About 12 o'clock on Monday she brought them; I had known her some time, and as the initials on them did not correspond with her name, I asked her who they belonged to: she said, her sister: I said, "What is your sister's name?" she said, "Garrett, "which corresponded with the G.—she said that her
sister had given them to her to pledge—I lent her St. on them—she gave her name and address, 104, Back Church-lane—next day, Tuesday, when the information-list came out, which we have daily from the police, I taw the spoons mentioned in it, and gave information—the spoons were then taken to Mr. Geddes, and identified.
CHARLES CARPENTER . I am assistant to Mr. Carpenter, a pawnbroker, of. Cannon-street, East—I produce three spoons pledged for 6s. on 2d, January by a female who I cannot swear to, in the name of Jane Crarapton.
SOPHIA BEST . I am a barmaid to Mr. John Geddes, a licensed victualler, of 40, Bishopsgate-street—Lynch was in his service as cook, in the name of Mary Garrett—on 2d January, I missed seven tea-spoons, worth 1l. 15s.—these are them (produced).
Lane's Defence. I had not seen her for three weeks and more, as her husband and mine were not good friends. She said, "Will you do me a kindness!"I said, "Yes, If it is in my power. She said, "I have got into a respectable place, and I have got a dress and some spoons which I want to make money on; will you take them and pawn them, and tell me what you get on them?"and I did so. I said "Are they your property?" She said, "Decidedly they are, or I would not send you." She said, "Where did you pawn them?" I said, "At Mr. Fuller's and Mr. Carpenter's, where I have been about twenty-five years." I have known her to have such things by her. Her husband has been a solicitor and ship owner. My husband was out of work, and I have a large family. When the offices came I told him that I had pawned the spoons at Fuller's, and that they were my sister's property. I said, "Pray forgive her;. do excuse her." He said, "It is more than I dare do."
LANE— NOT GUILTY .
182. WILLIAM BERRY (21) , Burglariously breaking and entering the dwelling-house of Thomas Blazey, and stealing therein 2 coats, 1 petticoat, and other articles, his property. Second Count, Feloniously receiving the same.
MR. NICHOLSON conducted the Prosecution.
JOHN THOMAS BLAZEY . I live at 43, Wingate-street, Goswell-road—on 30th December, between 3 and 4 in the morning, I was awakened by the sound of footsteps—I lit a candle and proceeded to the bed-room door—in consequence of what my child said, who had been asleep on the sofa, I went down into the kitchen, and missed a coat—the table was upset, and some clothes were strewn about—I found a candlestick in the garden, which had been safe the same evening—I opened the street-door in my night-shirt, went out' for a policeman, brought one in, and showed him the kitchen—he entered the garden, and proceeded over the wall to No. 44—I then left and went into the house—another constable came in at No. 44, and one was at the front and another at the back—I went to the front of No. 44, and saw the police bring the prisoner out—I saw an overcoat of mine at the station—the door was bolted over night, and the window closed.
JOHN COOK (Policeman G 277). The prosecutor called me to Wingate-street at a quarter to 3 in the morning—I found the back entrance open—I found a candlestick on the wall, so 1 got over to the back of No. 44, and found the back door open—I went in and tried every door—when I opened one floor a man came out, and said, "What are you doing here?"—I said, "Why!
do you leave your back door open?"—he said, "I am positive I fastened it—I went into one of the top rooms and found the prisoner in bed—I searched that room and found these coats and boots (produced), which have been identified by the prosecutor—the prisoner lives at No. 44.
SAMUEL BROWN (Policeman, G 109). I was on duty in Goswell-road, and was called to 44, Wingate-street, and found Cook in the passage—we went up to the prisoner's room—he was awake, and as if he had just got into bed—we asked him what he did with these things—he said, "I do not know"—we took the great coat, and he said that it was his—we found some more concealed under his bedding and partly under some old drawers—he said that he did not know anything about them—we told him to dress himself, and he said that there were two men on the roof of the house who had led him into it—I examined the roof; it was impossible for any one to get on to it from his window—I tried to get out, but it was impossible. The prisoner's statement before the Magistrate was, that he met two men who asked him to let them go through his batch garden to the water-closet, which he did, and they got over Mr. Blazeys wall, upon which he said that he should get out of it, and had been up stairs three quarters of an hour when they came, and threw a lot of clothes on the floor and then got out on the tiles, saying, "If you get took and you round on us, you shall have it."
Prisoner's Defence. I deny saying that the coat was mine. Men have been out on the tiles to mend the house; that is the only way to do it. GUILTY on Second Count.— Confined Eight Months.
183. EDWARD ROSE (25), and ALEXANDER ANDRANE (22), Burglariously breaking and entering the dwelling Hug-house of Josiah Robinson, and stealing therein 4 spoons, 2 coats, and other articles, his property, ROSE having been before convicted; to which
ROSE PLEADED GUILTY .**—He had been seventeen times incustody.— Seven Years' Penal Servitude.
MR. DALEY conducted the Prosecution.
MATTHEW HAYES (Policeman, S 81). On Tuesday evening, 5th December, about a quarter to 1 o'clock, I saw two persons in the Regent's Park-road, one dressed as a female, and the other as a man—I followed them thirty or forty yards—the woman looked rather curious; I turned my light on her legs and saw a man's trousers—it was Rose—I asked him what he had under his arm; it was a bundle—And range turned on me quite indignant when I took hold of them, and asked what I meant—a struggle ensued with both, and Andrane escaped—I took Rose to the station—this is the bundle (produced)—it contains the property he was dressed in, part of the stolen property—I described Andrane to a policeman, and he was taken next day—I had not known him before.
Andrane. You asked me to take my cap off, but you did not ask the others. Witness. You were told to hold your head up; you would not, and I took your cap off; you pretended to be drunk, and wanted to hide your face—you were not pointed out to me in any way—I pointed you out before you were told to take your cap off.
EDWARD CLEO (Policeman, S 1). About half-past 11 on Monday, 5th December, I saw Andrane lying on the railway bridge at Chalk Farm, looking over at the engines—I saw a man who I believe to be Rose close by, and heard him say to Andrane, "Come on, do not stop there"—Andrane said, "All right, which way are you going?"—Rose said, "This way"—Andrane joined him, and they went towards Primrose-hill did not know Rose before.
ANDRANE— NOT GUILTY .
THIRD COURT.—Wednesday, January 11th, 1865.
Before Mr. Common Serjeant.
MR. WOOD conducted the Prosecution, and MR. COLLINS the Defence.
GEORGE TAYLOR . I am clerk to Messrs. James Franks, of 40, Queen-street West, wholesale tea-merchants—on Saturday, 10th September, I was the last to leave their premises; I locked up the side door in Queen-street, 'put a bar up, and then locked it with a patent padlock—I left everything secure—the tea was on the third floor in chests, half-chests, and caddies—the keys were on the ground floor, just hanging up on hooks inside the office—I left at quarter-past 3—I went back there about 9 on Monday morning—when I got to the premises, they were open, and in the possession of the police—I found there had been a burglary; there was 300 lbs. of tea on the ground floor in bags, and 600 lbs. had been removed—there was 900 lbs. removed altogether, value about 150l.—I went up stairs, and found that all the doors had been forced.
Cross-examined. Q. The prisoner is a stranger to you? A. Yes.
JOHN SCRAGGS (City-policeman, 406). On Monday morning, 12th September, about ten minutes to 7, I was walking down Queen-street; I saw a man standing at the corner of Thames-street and Queen-street—he appeared to be watching me—I was on the left-baud side coming down, and he was on the opposite side of the street—I crossed Thames-street, and went down Three Cranes'-lane, leaving the man in the same place—I stopped there two or three minutes, came back again, and he was gone—I went up Collegehill, looked down Maiden-lane, and saw Messrs. Franks' warehouse doors standing open; I also saw a horse and cart going down the lane towards Garlic-hill—there were two men at the side of the cart, and two more rather at the back—Church-alley is about twenty pieces from Mr. Franks' door, and runs parallel with Garlic-hill—I ran back into Thames-street in order to meet them—when I got up to Garlic-hill I found the cart standing, and the men had disappeared—I left a man in charge of the carl, and ran round through several of the courts, but I could not find the men—I did not run down Sugar-loaf-court—that is almost a continuation of Maiden-lane; the men might have gone down there without my seeing them—I then took the horse and cart back to the warehouse—I found that the cart contained six bags of tea and this horse-cloth—it was a chestnut horse with a few white hairs on its face, blind with one eye, and rather lame of it* near foreleg—there were five bags filled with tea standing in the ground floor of the ware-house, and on them were five jemmies, a coat, and a hammer—I sent for the sergeant, and he came down, and examined the doors—one of the men I saw with the cart was without his coat—the prisoner appears to be about the height of one of the men who was behind the cart with the man without his coat—he appeared to be about the same height as the back of the cart, or rather higher—the tail-board was up.
Cross-examined. Q. You were between sixty and a hundred yards away
from them? A. I was about from forty to fifty yards away; I was not sixty yards off—I was about fifty yards from them—one of the four men was about the size of the prisoner—he had a coat on, and an oval hat, a deerstalker I believe it was, from what I could see of it at that distance.
JAMES FRANKS (City-police-sergeant, 21). On the morning of 12th. September I was called in by the last witness to examine Mr. Franks' ware-house—I saw the cart outside, containing five bags of tea; these jemmies were found inside the warehouse—on the upper part of the house there were several locks broken, and desks and boxes also—the corner door could not have been opened from the outside; the side door was fastened with a bar and a padlock—there was no external appearance of violence on the lock, but it was examined afterwards, and there were some marks on the inside—these instruments would have broken the locks.
WILLIAM TEAGUK . I am a carman at 6, Printer-street, East-street, Blackfriars—on the morning of 12th, I was going on horseback from there to London-bridge—I had no cart with me—it was about ten minutes before 7—when I got into Thames-street I noticed two men running along towards Black friars—I did not take particular notice of the first one, but I took particular notice of the other—I cannot say whether the first one had a slop on, or whether it was his shirt—it was something white—the prisoner is the second one—I took particular notice of him—I am quite positive he is the man—I then turned up Queen-street, and saw Mr. Franks' warehouse door open, and a man standing there—the horse and cart came afterwards; I was told that a robbery had been committed directly, and I gave a description of the men I had seen running.
Cross-examined. Q. Do you think you could identify the first man you saw? A. could not; I bad never seen him before; he was running as fast as he could, and the second man too—my horse was walking—I thought that there was a fire, or that they had done something wrong—I thought there was a fire, and I looked round to see where it was, after the men were gone by—there were a few other people in the street, not many; I had never seen the prisoner before—he had a dark coat on; he was in the road, and so was I—the whole thing did not take long; I looked at him running after the other before I came up to him—I can't identify the first man at all.
MR. WOOD. Q. What kind of hat had the second man on? A. I can't say whether it was round or oval; it was not a high hat or a cap—he had a little hair on his chin.
COURT. Q. Did the man actually pass yon? A. Tea; close by me; about a yard, or a yard and a half off.
HENRY FRANCIS SHAVE . I am fourteen years of age, and work at Mr. Little's, a bookseller's, Broadway, Ludgate-hill—I go out with papers in the morning—on Monday morning, 12th September, I was going to Mr. Turner's, the King's Head, at the bottom of Queen-street—as I passed Maiden-lane I noticed a horse and cart at the corner; I saw two men bringing out tea in sacks—I noticed another man at the side of the cart; the prisoner is that man—I did not take much notice of this—I am able to say the prisoner is the man, because I saw his face distinctly—I am sure he is the man—I afterwards saw another man at the corner of Chaplin and Horne's—the bags they brought out were put in the cart—I then went down to the King's Head, put my papers under the door, and then turned round, and saw the policeman, Scraggs, at the corner of Queen-street—I went up into Watling-street—the horse and cart were standing outside Franks's, just the same when I passed the second time, and the prisoner was still there, standing in
the same place—I saw him again—I noticed that he had whiskers on the chin—I am sure he is the man.
Cross-examined. Q. What colour were these whiskers? A. I know the colour, but I forget the name—I did not think a robbery was going on—I saw four men altogether; I did not see all their faces—I only noticed the prisoner—he had a coat on, and a round hat—I did not tell the police anything about this—I had never seen the man I say is the prisoner before—at first J said I was not positive he was the man, because he had not any whiskers—I was positive afterwards—when I first saw the prisoner after this, he was in the dock at the Court, charged with this robbery—I next saw him at the Man-sion-house, and then I was sure he was the man—I went there once—I had a conversation with the policeman before that—I was positive then because I noticed him; I noticed the marks on his face, the small-pox marks—I walked by the horse and cart—before I was positive at the Man-sion-house I said I only had a little recollection of the man, and was not positive—afterwards I was positive.
MR. WOOD. Q. Was it the fact of his having no whiskers that made you uncertain? A. Yes; when I saw him close with the marks on his face I knew he was the man—I am now sure he is the man—I told my master about it soon after I got home—that was after I had heard of the robbery.
COURT. Q. You say you passed the horse and cart and man? A. Yes; I was about three yards from the man, I should think—I could not see much of him; the cart was between me and him—he was at the other side of the cart—I could see his face; I could not see his trousers—it was a light morning, rather clear—I noticed the marks on his face then—I am sure of that, and the whiskers—I did not see him before I got ftp to the cart—I only saw the horse's head; it was just as I passed that I saw the man—I was on the right-hand side of Queen-street—I passed the horse and cart; it stood in Queen-street—the man was standing in the road—the cart was between us—I walked on the footway between the cart and the houses.
RICHARD KENWOOD (Policeman, H 194). I have known the prisoner by appearance for sometime—on Monday evening, 12th September, I went to the City green yard and saw a horse and cart, which had been taken there by Scraggs—I had seen the prisoner driving that horse and cart on the previous Saturday evening, the 10th, along Slater-street, through Club-row, into Old Nichol-street, stop at a beershop, and put a horse-cloth resembling this on the horse—there was another man with him in the heart—it was a chestnut horse, blind in the right eye, and a little bent in its knees—it had a white star on its face—the cart was always in a dirty state—you could hardly tell what colour it was—I knew the cart well; I had seen it almost daily—one of the springs was rather weak, and when it was overloaded, it grazed the side—the tail-board was broken, and was generally tied up with a rope across the back—I had noticed it on previous occasions to the Saturday—it was then in the prisoner's custody—I have seen it at Bethnalgreen, and followed it about for miles, knowing what sort of people were in it—I have seen three in it; they were not always the same people—on 10th December I went with Foulger, an officer, to some beershop, and took the prisoner into custody—I said it was for a tea robbery in the City some short time back—he said, "You must be mad; it is not me"—I took him to the station—I had instructions to take him from the time I saw the cart; but had never been able to find him—when I saw the prisoner on the Saturday,
he had small sandy whiskers, which met under his chin—I knew him by the nickname of "Carrots."
Cross-examined. Q. Was this a dirty green cart, paited blue? A. No it was not painted blue; it might be either a brown or a green, but it was so dirty it was impossible to tell what colour it was—I have never seen another cart exactly like it—I have seen carts of that descriptor it was a common sort of cart—there was a plate on it when I saw it on the Saturday—either a small piece of wood or a thin piece of tin—when I saw it at the greenyard it was not there; it had been taken off—I can't say that I have ever seen another horse-cloth like this one; I will not swear I have not.
MR. WOOD. Q. Have you ever seen another horse like that? A. Not exactly like it—I knew it by seeing it daily—the place where the tin had been taken off was conspicuous on the cart—the position of the mark was in the same place as the tin had been.
ROBERT DOUGHTY (Policeman, H 87). On the evening of Monday, 12th September I went with the last witness to the City greenyard—I saw a horse and cart there—I had seen it before being driven by the prisoner—it was a chestnut horse, white face, blind of the right eye, lame, and I think it had a white foot—I followed it on Saturday, the 10th—it was going very well then; it was a large, square-built cart—I saw a piece of tin on it on the Saturday, and there was a mark where the wheel had cut into the panel—I saw a horsecloth similar to this one, which the prisoner put on the horse bone when he got out of the cart—he had not had that horse more than eight or nine days—he used to drive a bay horse—I had seen him in that cart with three or four more at different times.
Cross-examined. Q. You took particular notice of it at the greenyard A. Yes; I identified it directly as belonging to the prisoner—the cart was always in a very dirty state; it was either a dark green or a blue, or something of that sort—I have been told since that a man named Cole was apprehended for this robbery, but I don't know him.
JOHN FOULGKR . I am an inspector of City police at Bow-lane station—I have been looking for the prisoner ever since the robbery—I had received a description of him; I knew him from the description—I have known him for years—from information I received I went to a beer shop in Old Nichol-street, Bethnal-green—two officers brought the prisoner out; I was outside—I took him to Bow-lane station, and charged him with feloniously breaking and entering the warehouse of Messrs, Franks, on 12th September, and stealing about 900 lbs. of tea—he said he knew nothing about it—I said, pointing to Kenwood, "That officer says that the horse and cart in which that tea was loaded belonged to you; he has frequently seen you with it" He said that he had not had a none and cart for a month or five weeks previous to that time—he said he had a bay horse about a month before, which he had sold—I told him the hone with this cart was a chestnut horse—he said he never bad a chestnut horse.
Cross-examined. Q. He said three weeks or a month, did he not? A. He said a month or five weeks.
The prisoner's statement before the Magistrate: "I leave it in the hands of my solicitor."
GUILTY .—He was further charged with having been before convicted of felony at Westminster, in May, 1859, sentence Three Years; to this he
PLEADED GUILTY. *†— Seven Years' Penal Servitude.
FOURTH COURT.—Wednesday, January 11th, 1865.
Before Mr. Baron Bramwell
MR. POLAND conducted the Prosecution.
GEORGE KEMPT . I am sub-warder at the House of Correction, Coldbathfields—the prisoner is undergoing a term of imprisonment there—on the 20th of December I saw him in his cell—I spoke to him about his books being wrongly placed on the shelf—the Lord's Book was on the top, and it should have been at the bottom—he called me a s—d, and said I was always making complaints—on the following day I went to his cell between 9 and 10 o'clock—I went to take his stool away, as I wanted to sit down, having a sick headache—the stool was not required by the prisoner—when in the act of stooping I received a violent blow on the chin—I rose, and saw the prisoner with a knife in his hand—I said, "Oh, man, what are you doing?" he did not speak—I cannot say whether he struck me more than once—afterwards I found two wounds on my face—I ran to another prisoner and told him to shut the cell door—persons came to my assistance, and I was taken to the infirmary—I cannot swear that this is the knife (produced) that the prisoner used; it was one similar to that—it was a shoemaker's knife.
DANIEL JOHN MILLER . On 21st December I was a prisoner in the House of Correction—I was employed under Kempt in cleaning out the cells—I saw Kempt come out of the prisoners cell—I went to the prisoner and said, "you foolish fellow, what have you done?"—I saw Kempt with his face bleeding—he told me to shut the prisoner's door—I gave an alarm, and called, "Officers, be quick, please"—when I went to the prisoner he said, "If the b----r comes in this place again I will tell him what for, and do it as well"—in his right hand he held a large knife, and in his left he held a shoe—the knife was like the one produced.
WILLIAM WHITOOMBE . I am one of the sub-warders at the House of Correction—on the morning of 21st December I went to the prisoner's cell—he had a knife in his hand—I wanted him to give it to me, but he would not—he said he had nothing to say against me, and did not wish me any harm—he gave up the knife whilst I was there, about a quarter of an hour afterwards.
THOMAS COCKRAN . I am assistant chief-warder at the House of Correction—on 21st December, after Kempt was wounded, I went to the prisoner's cell—I asked what he had been doing, and he made no answer—I then asked him what the officer had said, and he told me that the officer had found fault with the arrangements the day previously, and had threatened to report him to the governor—I asked him to give me up the knife, and after asking three or four times he gave it me, by laying it on the flap of the door—I was speaking to him through the trap—the knife was wet with blood—this is the knife—I then took the prisoner before the governor, who ordered him to be handcuffed.
WILLIAM SMILES . I am surgeon at the House of Correction—I saw Kempt in the infirmary on 21st December, between 10 and 11 in the morning—he had a large wound on the right side of the chin, about two and
a half inches in length, which was bleeding freely—there was another small wound on the other side of the chin, about an inch in length—he lost a good deal of blood, and was very much shaken—the wounds were in a dangerous part—such a knife as that produced would inflict such a wound—the blow must have been given with great force.
GUILTY .**— Ten Years' Penal Servitude.
MR. FRANCIS TURNER conducted the Prosecution, and MR. DALEY the Defence.
GEORGE STANCOMBE (Policeman, S 289). I was on duty in High-street, Camden-town on 2d December last, about a quarter to 5 in the after noon, I was standing at the corner of Park-street and High-street—an old lady was in front of me—I saw a Hansom cab coming down Park-street at a terrific pace; I should say twelve miles an hour—I cannot say whether the prisoner was the driver—the old lady was knocked down by the cab, and the wheel passed over her—after she was knocked down the cabman whipped the horse, and drove off at a faster pace—I ran after the cab, the horse was galloping—when I got back the old lady was in a chemist's shop—'I had her removed to the University Hospital, where she afterwards died—I then went to the station and reported the accident, and described the driver of the cab as wearing a dark billycock hat, and I also described the horse as a dark grey—I went to the stables of Mr. Bailey in Henrietta-mews, Brunswick-square, and I identified the horse that was in the cab—I was informed that the driver had changed horses about half-past 5 o'clock—I remained at the stables until 4 o'clock in the morning, but he did not return—another man brought the cab home—I went the next day, and the prisoner did not make his appearance—I was about three or four yards from the old lady when she was standing on the pavement.
Cross-examined. Q. Was it very crowded where the accident occurred? A. Yes; I cannot recognise the prisoner as the man who drove the cab, because it was dark, and I did not see his face—the old lady was about six yards from the pavement when she was knocked down—an omnibus man picked her up—I did not see him do so, as I was running after the cab.
CHARLES DENTON (Policeman, S 168). I was on duty in Mornington-road, on 2d December last, in the afternoon—I saw the prisoner drive up the Mornington-road—I noticed the horse he was driving—it was a grey one—I identified it in the stable in Henrietta-street—when I saw the prisoner he was driving at about twelve miles an hour—I watched him down Park-street—he did not slacken his pace, but increased it, I should say, to fourteen miles an hour.
Cross-examined. Q. Did you see the prisoner at the "Edinburgh Castle?" A. Yes; that is about 100 yards from Park-street—I saw him get on to his cab and drive away—I identified the horse the prisoner was driving, at the stables the same night, by its colour and size, it was a very fine horse.
WILLIAM MOON ROGERS . I am house-surgeon at the University College Hospital—I was on duty when the deceased was brought in, a few minutes to 5 on the 2nd of December—she was quite insensible—there was blood on the front of her dress—I found some of her ribs broken on the right side and on the left: the left leg was smashed—she died shortly afterwards—I made a post-mortem examination, and found that the base of the skull and the collar bone were fractured—those injuries were the cause of her death—the fracture at the base of the skull was in itself enough to cause death.
CHARLES JOHN HENRY TAYLOR . I am an attorney's clerk, and live at No. 8, Alexander terrace, Bermondsey—On the 3rd of December I went to the University Hospital, and saw my mother there—she was quite unconscious, and died within 20 minutes—she was 72 years of age—she possessed all her faculties, and never used glasses—she was very active for her age—I know the place where the accident occurred—she had lived in the neighbourhood for the last five years, and had used the crossing three or four times a week.
JOHN THOMAS FRANKLIN . I am an omnibus conductor, and live at No. 8, St. Leonard's-square, Haverstock Hill—I was standing outside the "Britannia" public-house at about a quarter to five on the 2nd of December—I heard some shouting—I saw the prisoner driving a Hansom cab with a grey horse—I saw a woman on the ground—I have known the prisoner for years—I cannot say whether he had his horse under control or not—he turned round to see what he had done, and then whipped his horse—he did not pull up at all.
Cross-examined. Q. Were you at work when the accident took place? A. No; the ordinary rate of Hansom cabs I should say is about eight miles an hour—if this woman had not been knocked down I should not have taken any notice of the speed at which he was driving.
JOSEPH CARTER . I am a cab-driver, and live at No. 3, Princes-place, Regent's Park. I was on the High-street, Camden Town, cab rank on Friday, the 2nd of December, about a quarter to 5 in the afternoon—I heard a very great noise at the corner of Park-street—I saw a Hansom cab, drawn by a grey horse, knock a lady down, and run over her—I was about 40 or 50 yards off—the prisoner was the driver of the cab—I have known him seventeen years—after the accident he drove off at a furious rate—I saw him about an hour and a half after the accident—I told him he was a very great fool for not turning back—he denied ever being near the place.
Cross-examined. Q. Did he return to the rank in about an hour and a half? A. He did, with another horse—I never had any quarrel with the prisoner, no more than cabmen generally do, such as falling out about a job sometimes—I have got a license as a driver—it is taken out in the name of Carter, which name I have gone by ever since I was six years old.
COURT. Q. It must have been dusk at a quarter to 5 on the 2nd of December; how could you see him 50 yards off? A. The road was quite clear and the prisoner passed by me—the wheels of his cab came within four yards of me.
ALFRED EALEY . I am an ostler, and live at 17, Judd-street—I am in the employ of Mr. Bailey, who was the prisoner's master—The prisoner was out driving on the 2nd of December last—he drove a grey horse in a Hansom cab—he brought the cab home about 6 o'clock.
COURT. Q. How far is your place from where the accident took place? A. About two miles—the horse was lame when he brought it home—I did not notice anything the matter with it when it went out—we have had the horse four years—the prisoner was accustomed to drive it.
Cross-examined. Q. What pace can the horse go? A. He can trot eight or nine miles an hour—I have never known it to run away.
MR. DALEY catted the following Witnesses for the Defence:
WILLIAM MORGAN . On the 2d of December I was the conductor of an omnibus—about five o'clock I saw a Hansom cab, drawn by a dark grey horse turn from Park-street into the High-street—it was going eight or ten
miles an hour—I tried to see the driver's face, but could not do so, as the horse was going so fast—I saw the deceased lady knocked down—she was about four or five yards from the kerb—she passed behind my 'bus—I picked her up and took her to a chemist's shop—I left her with a man named John Fuel—I did not see any policeman near when I left her—I do not think there could have been any near without my seeing them.
JOHN FUEL . I live at 5, Little Randolph-street, Camden-town—on 2d December, about five o'clock in the afternoon, I did not see the woman knocked down, but I saw her afterwards lying on the ground—I helped the last witness to pick her up—I did not see any police about at the time—I should think four or five minutes elapsed before the police came—I helped to take the woman to the hospital.
The prisoner received a good character.
GUILTY.—Recommended to mercy by the Jury. — Confined Three Months.
OLD COURT.—Thursday, January 12th, 1865.
Before Mr. Justice Blackburn.
MR. POLAND conducted the Prosecution, and MR. SLEIGH the Defence.
HENRY BIDDLE . I am going on for thirteen years of age—I am in the employment of Mr. Dean, wholesale stationer, of 32, Great Carter-lane, Doctor's Commons—William Freeman was also in his employment—on 9th December Freeman and I were engaged in wheeling a baud truck along the Old Bailey, towards Skinner-street, it contained ten reams of paper—I was on the left-hand side of the truck, the side next the kerb, and Freeman was on the other side—there is a cross-bar at the end of the handle, so that each could pull—we were scraping the kerb as we pulled it along—a cart was standing at the other side of the road, against the kerb, at the London coffee-house, with the horse's head towards Ludgate-hill—when we got abreast of that cart I saw the prisoner driving a two-horse van, laden with goods—he was five or six yards off when I first noticed him—deceased and I called out, "Stop!"loudly, because there was danger; if we could have got by we could have gone into Lavington's, the carrier's gateway—there was not room for the van to go by when we were abreast of the cart—the prisoner kept driving on, he was going at a moderate, quiet pace, walking; the fore wheel of the van struck the iron part of the wheel of the truck; we called out again, "Stop a minute, and we will back, "and we reversed the truck a little, and then the front wheel of the van struck it again—the effect of that was to throw Freeman under the hind wheel of the van, with his head towards Ludgate-hill, and the cross-bar of the truck across his legs—it also threw me on the pavement—I got up and took the handle of the truck off Freeman; the hind wheel of the van had passed over him—the prisoner went on five or six yards further, he then pulled up and got off his van—a man named Seymour came and picked Freeman up; some policemen came up, and he was taken to the hospital—I ran home and told my master—our truck was scraping the kerb when this happened—the cart on the other side remained standing all the time—the pace of the van was not slackened at all from the time I first saw it.
Cross-examined. Q. When Freeman was run over, the cross-bar of the truck protected one of his legs, did it not? A. Yes, it was slewed round towards the middle of the road, and the back of the truck was against the pavement—this was between three and four o'clock—it was a wet day—the paper was not very heavy; the truck required two persons to drag it—Freeman was a grown-up man—I used to accompany him in drawing the truck, more to mind it than for any assistance in drawing it, I helped as much as I could—we had come from Doctor's Commons, up Creed-lane and down Ludgate-hill—Freeman has drawn the truck since my master has opened, six months—he has no horses and carts, he has not long opened—we had got within about a yard of Lavingfan's yard when this occurred—if we had succeeded in giving another tug we should have got into that yard.
MR. POLAND. Q. Until you were struck by the man did you stop at all? A. No.
JURY. Q. Can you give any idea of the weight you were drawing? A. No; the paper was double smallman; it would be about 12lbs.
EDWARD DRISCOLL (City-policeman 321). On 9th December I was on duty in the Old Bailey, standing opposite Lavington's gateway, which is on the left-hand side coming from Ludgate hill—I saw the truck coming along close to the kerb—one of Pickford's vans, driven by the prisoner, was going down the Old Bailey, the reverse way, towards Lndgate-hill—there was a cart opposite the door leading to the offices of the London Coffee-house, seven or eight yards from Lavington's, opposite it—the van was going very slowly along; it met the truck opposite the cart, and the off fore wheel of the van struck the wheel of the truck—the deceased and the last witness who was with him called out something, I could not say what, and they commenced moving the truck fay pushing it back—the driver paid no attention whatever but still kept on, and the wheel a second time struck the wheel of the truck, and turned the handle off; it came round and knocked the deceased under the hind wheel of the van, which passed over his right leg, just by the knee—the driver went on several yards before he pulled up—the deceased called out very loudly as the wheel passed over his leg—before I could get to him Seymour had got to him, and assisted to get him away—I took him in a cab to the hospital—the prisoner got off his van and came back and asked me whether the man wan hurt—I said I did not know—he said, "He was a foolish man, he might have kept out of the way"—until the van stopped after the occurrence, the prisoner did not at all alter the pace at which he was going, or stop at all—at the time the van wheel struck the truck, it was as close to the kerb as it possibly could get—the cart was also close to the kerb on the other side, and standing still—I was 'about eight or ten yards off when I saw this, on the same side as the cart, in front of the cart and at the back part of the van, nearer Skinner-street.
COURT. Q. Was there space for the van to pass between the cart and the truck? A. No—the middle of the street at that particular place is 17 feet 5 inches, the width of the truck is 4 feet 4 inches—I have since measured them—I have also measured one of Pickford's vans, similar to that which caused the accident, and that is 7 feet 6 inches—I don't know the measurement of the cart.
JAMES SEYMOUR . I am employed at the London Coffee house—on 9th December I was in the Old Bailey with my cart, on the side on which the London Coffee-house is—my horse's head was towards Ludgater-hill—it was
standing still, close to the kerb—I was in the fore part of the cart—I saw the deceased and the lad drawing the truck up the Old Bailey on the lefthand side, quite close to the kerb—the deceased was on the right-hand side of the handle of the truck, and the lad on the left—as they approached our curt, the prisoner was driving the van down the Old Bailey in the opposite direction—the first thing that drew my attention to the accident was some one calling out to the prisoner to stop, and almost instantaneously I heard the cries of the deceased—I jumped off the cart—I did not see the wheel actually go over the deceased—I went round and picked him up—when I heard the cries the van was between the cart and the truck—the width of my cart is about 5 feet 6 inches.
DAVID POOLE (City-policeman, 380). On 9th December, I was on duty at the end of the Old Bailey, by Ludgate-hill, regulating the traffic—I heard some one cry out, "Stop!"—I turned round, and saw the off wheel of the van catch the off wheel of the truck—the next instant the deceased was drawn under the hind wheel, and it immediately went right over his leg—I should say there was time for the prisoner to have pulled up, from the pace at which he was going—if he had pulled up the instant the cry was raised, he might have had time—I was from twenty to twenty-five yards off when I saw this—the prisoner stopped his van after the occurrence, got down, and gave me his name and address.
Cross-examined. Q. And I believe he said it was not his fault? A. Yes; he said he had witnesses to clear him.
EDWARD INGRAM BOOTOCK . I am one of the house-surgeons of St. Bartholomew's Hospital—on 9th December I attended the deceased—he was suffering from very severe contusion to his right leg—he died on the 16th from mortification consequent upon that injury—no bones were broken—the injury was occasioned by very severe pressure.
MR. SLEIGH called the following Witnesses for the Defence:—
JOHN WILLIAM HAMMOND . I live at 10, Manor-street, Old Kent-road—I am a cab driver and proprietor—on 9th December, between 3 and 4 o'clock in the afternoon, I was in the Old Bailey, driving a four-wheeled cab behind a Pickford's van, which the prisoner was driving—it was going slowly, steadily along, and I was following it—there was a cart on the near side, and a truck coming up on the right-hand side—a man was drawing it—as the van got to the truck, the truck stopped, just by Lavington's yard, and before the van had got quite by, the man pulled and twisted the truck to get it out-of the gutter, and twisted the neck of the truck between the hind wheel of the van; by so doing he fell down, and was run over—I called out to the man to stop, and he stopped instantly, just as it went over him, in about two and a half yards—I did not bear any body call out from the truck—I have been a driver of cabs and omnibuses all my life—in my judgment, the prisoner could not have prevented what occurred—it was very slippery under foot that day—I called out about half a second after the wheel went over the man, not before—the man was down and the wheel over him in a second—if the deceased had stood still and not endeavoured to get his truck forward, the van would not have touched him, it would have been able to pass by.
Cross-examined. Q. Did you see the truck coming along? A. Yes, when it came up to the van—it was standing at the off-side of the van close to the kerb; it stopped, and then pulled on again—it was nearer Ludgate-hill than the cart when it stopped—it did not stop abreast of the cart, but just before he came to the cart, and then he pulled forward again—the fore
wheel of the van did not touch the truck at all—I am certain of that—I was as close behind the van as could be; my horse's nose touched the van—the accident was caused by the hind wheel touching the cross-bar of the truck—I did not see the boy at all—there was no boy with the deceased, not drawing the truck—I never saw any boy—there was no boy holding the cross-bar of the truck when this took place, the man was by himself holding the front part of the truck.
MR. SLEIGH. Q. I believe you became bail for the prisoner? A. Yes—I was a stranger to him before this.
EDWARD HEATH . I am in Pickford's employment—I have been driving with the prisoner about six months—I am the guard—he has always driven carefully and steadily—on this occasion I was on the off-bide, the hind part of the van—I could see all in front—I saw the accident—my mate was going along—the deceased stopped with the truck—there was a cart on the near side, and before we could get clear by, the deceased started on again, and the handle of the truck swung round and caught in the hind wheel—the handle was thrown to the ground, and the deceased under it—I did not hear anybody call out before the accident happened; I heard somebody halloo when the man was down—I don't know who it was—there was there was a cab just behind us—the prisoner stopped directly.
Cross-examined. Q. Did not the fore wheel strike the wheel of the truck, and so slew it round? A. No—I saw the hind wheel strike the cross-bar—r it broke the handle—the prisoner did not go on above a yard or two afterwards—he stopped directly, just in front of the cart—I was not examined before the Magistrate or Coroner—I saw the boy behind the truck when this happened.
The prisoner received a good character— NOT GUILTY
NEW COURT.—Thursday, January 12th, 1865,
Before Mr. Recorder.
MR. BESLEY conducted the Prosecution, and MR. COOPER the Defence.
ELIZABETH BARBER . I am the wife of James Barber, a boiler maker, who occupies rooms at 4, Cahir-street—Mr. Cannon is the landlord—I know Patrick Smith—he lives at England Cottages—I also know Mr. and Mrs. McGeehan, who live in Kingsbridge-place—they are in the same line of business as my husband—on Saturday evening, 3d December, Patrick Smith and my husband and I, went to Mrs. McGeehan's—it' was nearly 12 o'clock when we got there—we stopped there about half an hour—there was a person named Connolly there—Smith and my husband and myself walked home together as far as the corner of England Cottages, where there is a pillar post letter-box—when we got to that corner we stopped walking to bid good-night; and while doing so, I saw two policemen on the opposite side of the road—one of them crossed the road—that was Aaron Clares—he pushed Smith in the neck, and asked him what he was doing at that hour of the night—he gave him a good push—my husband said, "If you were doing your duty you would not do that"—Claret then turned and struck my husband on the mouth—the other policeman, the prisoner, then walked across the street with his baton in his hand—I then said to my husband, "James, run"—the prisoner might be then about a yard from him, or less,
and Smith was nearer to him than I was—on my saying, "James, run," the prisoner said, "I will do for you," and struck me on the temple with his baton—I said that I was killed—I should have fallen, but for Smith—I told my husband again to run or they would kill him—he was running backwards towards Cahir-street, keeping the police off him—they were following him—he might hate run backwards three or four yards—he then turned and ran—the two policemen followed him up, and I went up after him to Cahir-street—the policemen were standing at the corner of Cahir-street when I got up—I heard them say, "She is coming; watch where she goes, and we will find the Irish b,----"so I went past my own street, and went against the Great Eastern public-house, but they would follow me—I was then getting weak, and turned back to my own street, they still following me—I went down Cahir-street to No. 4, and the two policemen were close upon me when I went in at my own door—my husband was at home then—there was some conversation in the passage with Mr. Cannon, the landlord, and I saw my husband leave the house for a doctor as soon as I went in—I saw nothing in my husband's hand—he went out—I think the door was on the jar—I went to the door some minutes afterwards and saw the two policemen attack him again—they had their batons in their hands—I ran out crying for him to run, and Mrs. Reid came to me in the middle of the street, and asked me what was the to do—she took me in again, and Mr. and Mrs. Reid took me to Mrs. McGeehan's as soon as Mrs. Reid had her bonnet and things on—we left the house together in about ten minutes—when we got to Mrs. McGeehan's my husband was there—I did not see his watch at that time—I then went in a cab to Poplar Hospital—my husband went with me, and was in my sight—they washed my head there and shaved the hair off the cut—they went to put strapping on it, but it would not stick—it had stopped bleeding when I went there, but it began to bleed again—Mr. Serjeant dressed it on the Sunday morning—that was the first time it was dressed—he told me to go to bed, and I did so at Mrs. McGeehan's—I believe I was in bed a week; some days—it might be four days before I went out of doors, I went to the Thames Police-court—I cannot say on what day—I do not think I had been out of doors between the Sunday when I went to Dr. Serjeant's and when I went to the Thames Police-court—the shawl and apron which Mrs. McGeehan has are mine—I had them on on this night—I had not been drinking at all, nor had my husband, or Patrick Smith—they were sober—I received no violence that night, except from the defendant.
Cross-examined. Q. you said something, I suppose, to the policeman before he gave you this blow? A. No; I only told my husband to run—I saw his baton in his hand and saw it coming upon my bead—it was a terrific blow—my head sounded very much—I had only one blow—you might walk from my house to Mrs. McGeehan's in less than ten minutes—it would take about ten minutes at the pace I went—it was rather after half-past 12 when I left my house to go to Mrs. McGeehan's after being assaulted; it might be Borne minutes after—I did nothing to my head at my own house—I walked arm in arm with Mrs. Reid to Mrs. McGeehan's.
COURT. Q. Did you speak to the prisoner at all after you were struck and before you got to your house? A. As I passed them I said that they had no mercy, and that they would know me again, for they had left their mark.
three years—I worked for sixteen months in the same employment with Barber—On Saturday, 3rd December, I went with them to McGeehan's house—we got there it might be a little after 12—I went down to see a companion who slept there that night—I first saw Barber that night at 11 o'clock, Mrs. Barber was with him—we met him very near his own house—it was about 12 when we got to Mrs. McGeehan's—we stopped there about 20 minutes or so—I and Mr. and Mrs. Barber left together—they had to pass the pillar letter-box in going to their own house—that is the corner that turns down to my house—when we had walked to that corner we stopped to bid each other good night, and saw two policemen on the other side of the road, one was coming across, the other stood there on the opposite side of the street—it was the dark complexioned man that came across first—I think Clares is the one—when he came across he looked into my face and gave me a chuck in the neck with his right hand, and asked what I was doing at that time of night, and before I could reply he turned round to Barber—Barber said if he was doing his duty or minding his duty he would not interfere.
COURT. Q. Before you could reply? A. Yes.
MR. BESLEY. Q. Was that before or after he turned upon Barker? A. After he turned upon him—he could not say it before, he had not time—when he turned on Barber I do not know who struck, but there was a scuffle between them—Brown at that time was coming across the road with his staff in his hand—he was making towards them, and was very close when Barber's wife sung out "James, run"—this policeman went instantly to her and said, "I will soon do for you," and hit her on the head with his staff—I caught her in my arms, and was covered with blood in a moment—that was immediately upon her speaking—she shouted out "James, run; or they will murder you"—the two policemen, were running after Barber then—he kept running back from the two policemen, six or seven yards, and then he turned and ran very hard, and I heard one of the policemen say to the other, "Stick to me mate;" I forgot to mention that yesterday—the policemen ran after him, and Mrs. Barber rushed out of my arms and ran after her husband—I have not any doubt as to the person who gave Mrs. Barber the blow on the forehead, because the lamp was not two yards from me—the prisoner is the man, I have no doubt about it—I was perfectly sober, making no disturbance at all—Mr. and Mrs. Barber were both sober.
Cross-examined. Q. You were examined here yesterday A. Yes; on that occasion Barber was being tried for the assault—I believe he was found guilty of assaulting the policemen—I mentioned yesterday the scuffle between Barber and the policemen, and I say so still; there must be a scuffle where one man turns upon another—I might not have said "scuffle, "but one man turned on the other—this was between 12 and 1 o'clock there are no houses opposite where this happened—the nearest house to us was about four yards—there was a whole range of houses further on, they are all joined together.
JAMES BARBER (in custody). I am a boiler maker—I have been living with my wife, at 4, Cahir-street, in the house of Mr. Cannon, for the last eighteen months—I have known Patrick Smith and Mr. and Mrs. McGeehan—On Saturday evening, 3rd December, I went to the house of Mr. and Mrs. McGeehan with my wife and Patrick Smith—we reached there close upon 12 o'clock—we were there half an hour or a little better—I and my wife and Patrick Smith left Kingsbridge-place together—we walked as far as the pillar letter-box, at the corner of England Cottages—I and Smith were standing still, just shaking hands—there were two policemen on the
other side of the road—257, the dark man Clares, crossed the road first—he came up and gave Smith a chuck under the neck—I told him he was not doing his duty in doing that—he turned round and hit me on the month and split my lip—I returned the blow—the other policeman was with his foot on the kerb coming at me too—they both had their batons drawn—I had seen him cross the road—as he was coming up to me my wife said, "Run, James, or they will kill you"—I was going backwards at that time—the prisoner struck my wife with his baton, he then returned after me—I saw they were coming on me too fast, and I had to run—I went back to Cahir-street, to my own house—Mr. Cannon, the landlord, opened the door to me—I went into my own room—my wife came in about three minute? afterwards—she was all-over blood, and her face, and apron, and shawl wire wet with it—up to that time I had had no weapon in my hand—I took a stick from a corner of the door, as she told me to go for a doctor or she would bleed to death—I left the house with the stick in my hand—when I got outside, the same two policemen were standing at the door, on each side of the door—on my coming out Clares gave me a punch on my side with his baton, it struck me just on the top of my watch, and broke my watch—I have not got it here, I had to pawn it to get some money—Brown struck me on the back of my knuckles and they swelled up—I did not receive any other blow—I saw they were determined to get me down—I stood in my own defence and I struck the prisoner with my stick—I then turned and ran to Mrs. McGeehan's, and told her what had happened—my mate John Connolly was there and Mr. and Mrs. McGeehan—I got there about 1 or 2 or 3 minutes past—my wife came in shortly afterwards, bleeding—Mr. Reid and Mrs. Reid's brother were with her—I afterwards went with her to Poplar hospital—I did not return home that night, I stopped all night at Mrs. McGeehan's with my wife—I did not go to Dr. Sergeant with my wife—I am at work at Northfleet, I have a job there—my wife remained in bed, I think it was eight days.
COURT. Q. Was she confined to her bed all that time? A. Yes.
MR. BESLEY. In what state were you as to sobriety? A. Quite sober—I left work about 4 o'clock that afternoon—I had had a bottle of ginger-beer and a glass of sherry before 4—I had been with my wife from a quarter part 4—she was at Northfleet with me; she was in bad health, and I brought her down—I was in her company all that evening—I did not inflict any injury upon her—I never struck her in my life—I never had any words with her that night—she was quite sober—I had no weapon in my hand except what I have told you.
Cross-examined. Q. You did not knock the policeman down with a poker? A. 1 did not—I swear that—I knocked him down with a stick—I struck him and he went down—I used the stick upon him in my own defence—when I came out at my door I saw the constables on each side—Smith was not there, he had left me about seven minutes, or hardly that—I did not hear the policemen say anything to each other while I was retreating from them—he said to my wife, "I will do for you"—I went to Poplar hospital—Mr. and Mrs. McGeehan and Connolly went with me.
MR. BESLEY. Q. Did you go in a cab? A. Yes; I stopped in it.
COURT. Q. What sort of a stick was it? A. pretty weighty walkingstick—I have not got it; Mrs. McGeehan burnt it that night—I did not desire it to be burnt, but it was split up the middle—it was burnt when I first went in—she took it out of my hand as soon as I went in—I showed
it to her—I did not see her burn it, but she said she put it in the fire shortly afterwards when my wife came in.
SARAH REID . I am the wife of John Reid, and live in the same house as Mr. and Mrs. Barber—my husband works at the Millwall Iron Works—on Saturday evening, 3d December, about half-past 9 o'clock, I saw Mr. and Mrs. Barber in the house—Mrs. Barber remained till half-past 11 o'clock, or rather better—I did not see Patrick Smith—Mr. Barber went out first—I did not see Mrs. Barber go out, but I know she went out a few minutes before 12—Mr. Barber came back at a few minutes before I, and Mrs. Barber two or three minutes after him, with a very big blow on her left temple—she bled very much, and cried for her husband to go for a doctor—I did not see him leave—I left with Mrs. Barber to take her to Mrs. McGeehan's—she was not able to walk alone, I took her by the arm—I went into Mrs. McGeehan's and found Mr. Barber there—I remained there a very few minutes—I saw Mr. and Mrs. Barber before they went out—they were on very good terms—there was no violence on his part towards her—I saw two policemen on the opposite side of the way going out of the house, and we put the door to again—I could not swear to them.
Cross-examined. Q. You went to the hospital, did you not? A. No—I remember three policemen coming in the morning; that policeman was one (The inspector.)—I believe he observed blood in the passage—I believe I pointed his attention to it—I told him that that was where Mrs. Barber came in bleeding—he did not ask me how it came there, nor did I say that Barber and his wife had been fighting—one of those policemen was there—(Pointing to two.) but I cannot swear to the other—I had been in the house the whole night, and left about a quarter or twenty minutes past 1, to go to Mrs. McGeehan's.
COURT. Q. You say the husband went out for a doctor? A. Yes, he was to bring the doctor to my house, but we left because Mrs. Barber was afraid the police might attack him—she went with me to Mrs. McGeehan's.
COURT to JAMES BARBER. Q. You say that your wife told you to go for a doctor? A. Yes, and I went, but it was late at night, and I did not know where a doctor lived; I went to Mrs. McGeehan's, and she sent her son—she afterwards said that it would be better to take her to the hospital—my wife came after me there.
MATTHEW CANNON . I rent No. 4, Cahir-street, and let part of it—I have been at Messrs. Pontifex's chemical works for nineteen years—Mr. and Mrs. Barber have lived in my house sixteen months—on Saturday, December 3d, I went to bed about 7 o'clock, for I was very ill—I was awoke about 1 o'clock in the morning by a knock at the door—I opened it, and there was Mr. Barber—he was' alone—he came into the passage, and soon afterwards I heard Mrs. Barber come into the passage—as soon as I got a light I saw what a state she was in—there was a wound on her temple which was bleeding—Mr. Barber left the house by her request to fetch a doctor—I saw him go—I shut the door after him, and went to bed directly—I did not see Mrs. Reid and Mrs. Barber go out—Mrs. Barber lost a great deal of blood; my daughter saw it, and wiped it up—at half-past 3 in the morning a policeman came to my house—Mr. and Mrs. Barber did not return home that night—I did not notice who the policemen were who came; my daughter can tell you—she was in bed at first, but she got up as soon as the street door was opened by Mrs. Reid.
Cross-examined. Q. You live in the same house? A. Yes; I sleep on the first floor back—I have one room in which I sleep and live—a man
lodges in the back room—I do not know his name—he lives on the ground floor back, and they on the ground floor front—they are six-roomed houses.
COURT. Q. Did "you see if he had anything in his hand when he went out? A. I did not notice, I was so confused—I did not notice anything standing close to the door—I never went outside the door at all—I do not think there was any stick or poker inside the door, because the children would not let anything rest there—there was a fire-place in the room—I do not think Mrs. Barber went into his room at all, he only stood waiting for her—when she came she did not go into her room, she said, "Fetch a light; James, fetch me a doctor, or I shall bleed to death"—I struck a light in their room while they remained in the passage—I had got the light when Mrs. Barber came in.
ISABELLA MCGEEHAN . I am the wife of William McGeehan, a boilermaker, of Kingsbridge-place—I know Barber and his wife, and Smith—on Saturday night, 3d December, I saw Mr. and Mrs. Barber in their own house, between half-past 11 and 12—I went there close upon that time, my husband was with me there, ho came in with Mr. Barber—we all went together to my house, my husband, and Mr. and Mrs. Smith, and Mr. and Mrs. Barber, they stopped at my house till I took the candle, and told them it was twenty-five minutes past 12, and in a minute or two they went away—about 1 o'clock, a few minutes before or after, I was sitting in the kitchen, my husband opened the door, and Mr. Barber came into the kitchen to me—he bad a walking-stick in his hand—he showed me his watch, and his hand where he had received a blow—I went out afterwards, and met Mrs. Barber and Mrs. Reid, who arrived soon afterwards—Mrs. Barber was bleeding very much, here is her apron and shawl; the blood was dripping from her in my passage as she came in, and along the kitchen floor—I was going to fetch a cab, but I waited a few minutes; I was afraid I should meet with the same assault, and I sent my boy for a cab—my husband went in it, and Mr. and Mrs. Barber, and I am not sure whether there was not a young man who lodged in the house—we went to Poplar Hospital, and returned together to my house—I put Mrs. Barber to bed, and, I believe, Mr. Barber left next day between 12 and I—before he went away, I had been to Dr. Serjeant—Mr. Debenham attended her next day—I afterwards went to Mr. Charles Young, the solicitor—next day, Tuesday, I saw a gentleman from Mr. Morgan's office—Mrs. Barber went out on the Tuesday week afterwards—I know Clares and Brown—the prisoner gave me his number the night previously—I had seen him the night before, and he is a very insulting fellow—I knew their numbers, I did not know their names, and I was told to go to the station and ascertain—after I had been to the inspector I knew their names—I saw them on that Saturday night, both standing together between the pillar letter-box and the Vulcan public-house, nearer to the Vulcan, but the Vulcan is on the opposite side to the pillar-box—it was then close upon 12 o'clock.
COURT. Q. Whereabouts is the Vulcan? A. Between Cahir-street and the pillar-box; it is at the corner of Millwall Ferry-road—Mr. and Mrs. Barber were perfectly sober—there had not been high words between any of the party—he is one of the kindest of men—I saw no act of violence by Mr. Barber on his wife.
Cross-examined. Q. You say that Mr. Barber brought a stick in with him, what became of it? A. I do not know; I did not notice, he laid it down, and perhaps the children had it—I took hold of it—I do not know whether I flung it in the tire, I flung it out of my hand, I know—I did
not take that stick next day and burn it—I might have flung it into the fire that night; I do not know what I did with it—I did not measure it—it was thicker than your little finger, it was a proper walking-stick—it was not quite whole, there was a piece broken off the end; I did not see of—I do not know whether it is at my house now, because when a person comes in and sees a lady in such a state, they would be excited as well as me.
COURT. Q. Do you mean to say that you do not know what became of that stick? A. I do not—I flung it out of my hand, either to the top of the grate or into the fire—I did not tell Barber that I had burned it—I flung it on the grate or into the fire—Barber asked me where it was, and I told him I did not know whether I had burned it or not.
JOSIAH SERJEANT, M.R.C.S. I practise at Ebenezer-terrace, Mill wall—on Sunday morning, 4th December, Mrs. Barber was brought to me, suffering from a cut on the left temple—I examined and dressed it—it might have been produced by such an instrument as the policeman's staff which I saw yesterday.
Cross-examined. Q. Do not you think it is more like the cut from a poker? A. It might have been done by a poker—it is more likely to have been done by a poker than by a baton, which is an instrument turned round with great nicety, and made of ash, which will not splinter—it was a clean cut, but the baton would produce it.
COURT. Q. How could a round instrument produce a clean cut? A. It will; the fist will do it; it tears it.
ROBERT DEBENHAM , M.R.C.S. I live at Heath-house—I first saw Mrs. Barber on Tuesday, 6th December, at Kingsbridge-place—I attended her on alternate days for a week—I have seen such wounds on the scalp caused by such an instrument as this.
Cross-examined. Q. Had incipient erysipelas commenced? A. Yes; that would affect the appearance—I have seen such wounds produced by a truncheon many times, where the bone is close to the skin.
BENJAMIN BOLDO . I work at Millwall Iron-works—I know Mr. and Mrs. Barber, and Patrick Smith—on Saturday night, 3d December, I was going home between 12 and 1 o'clock, and saw them coming down the road in the same direction as myself—I passed them, as I was walking faster than them, bade them good night, and went across the road home—I saw two policemen standing at the Ironmonger's Arms—when I got in doors I heard the scream of a woman, but did not go out—on the following morning I saw blood on the pavement, against the "Eastern, "and up against the wall—I did not go to the pillar-box, there is no pavement there, it is ground.
HENRY KIHLET . I live at 16, England-terrace, Millwall, close to the pillar letter-box—that is 180 yards from Cahir-street—on Saturday night, 3d December, I had a bad cold, and did not sleep at all—my attention was attracted to a conversation just under my window, by the letter-box, and I heard footsteps and a blow, which I believe was with a hard wooden instrument, on somebody's head—I next heard the scream of a woman, and then two men in conversation, going down the road towards the Great Eastern.
JANE TEESDALE . I live at 16, England-terrace, in the same house as the last witness—I sleep on the second floor, and he sleeps in the room above me, in front of the house—on Saturday, 3d December, between 12 and 1 o'clock, the shouting of a female attracted my attention—I heard nothing before that.
Cross-examined. Q. What time did you go to body? A. About 12—I
was dozing, and was awoke by the shriek—I was about 180 yards from Cahir-street—I have heard the shouts of females in the street once or twice before.
COURT. Q. When was your attention first called to this? A. I spoke about it the next day to my landlady.
JOHN FLYNN . I live at 5, Bath-terrace, Cubitt-town, and am a shipbuilder—on 3d December I was with Charles McAndre at the Ironmonger's Arms, between 11 and 12 at night, standing outside the bar, and observed policeman K 257 come in—I noticed his number at the time.
MR. COOPER requested that before he addressed the Jury, the prisoner might be allowed to make his own statement; as precedents for which course he referred to Rex. v. Malins 8, Carrington & Payne, page 242; and Rex. v. Dyer 1, Cox's Criminal Cases, page 113. The COURT having consulted the LORD CHIEF BARON, considered that the application could not be acceded to.
COURT TO JAMES BARBER. Q. You say that when you went out, taking the stick with you, you struck the policeman with it? A. Yes, I only struck him one blow—I was not taken in custody at any time—I was not charged with this assault in the first instance—I never received a summons—I went to Mr. Paget to get a summons for my wife, to, make a charge against the police—I cannot say what day that was—I do not remember on what day I was' taken before the Magistrate, when the charge was made against me upon which I have been tried.
DANIEL MORGAN . I am attorney for Barber—he was taken before the Magistrate on the Tuesday following this Saturday—the date of the depositions will give the time when he was charged with an assault on the police; he had made his charge then.
Witnesses for the Defence.
AARON CLARES (Policeman K 257). On Saturday night, 3d December, I was on duty at Millwall, and heard a disturbance about 2 o'clock in the morning; I am sure of the time; I looked at my watch—I was then near the Ironmonger's Arms, and proceeded to Cahir-street, about 150 yards off—I was by myself—I saw Barber come away from No. 4, and knock Brown down with a poker or a bar of iron—he was nine or ten yards from No. 4—he only gave one blow; that felled him, and he was senseless—I ran after Barber, who ran away, and tried to catch him—there was a lamp close by—my truncheon was in my pocket—I saw no truncheon in Brown's hand—I did not see him use one; on my oath I saw no truncheon in the hand of any man or woman that night—I did not see Smith or the two Barbers that night, till I saw Barber at 12 o'clock—I saw a woman in the street at the time the prisoner was struck, but cannot say whether it was Mrs. Barber or not—I had not seen Brown before that—I had not been in any public-house that night—I had not been standing anywhere in Cabir-street with Brown that night—I did not catch Barber—I turned into Cahir-street, but could not find Brown—I went a little further up towards the public-house, and a man whistled out of Mare's yard, in consequence of which I went and found Brown bleeding very much—he appeared shaken, and very weak, I had to lead him to the station—blood was running from his head; he was covered with blood—when I got to the station I made a charge, and the particulars were taken down by the inspector—I think it was on the 7th that we first went to the Police-court, when the charge of assault was made by Brown—the inspector went too—I was not present when anything was done on the 7th—mine is the nearest beat to his; when I go this way he goes the other—my beat takes me about an hour and twenty minutes.
Cross-examined. Q. You went on duty at 10 o'clock, did you not? A. Yes, and began walking my beat—I cannot say how long the distance is, or how many times I had been round it before I was summoned to the Ironmonger's Arms—I never stood there at all before I broke into a run—I was walking about.
MR. COOPER. Q. Were you standing at one side of 4, Cahir-street, with Brown on the other? A. No.
MR. BESLEY. Q. You say that you were not standing before you broke into a run; had you seen Brown at all? A. No; I had to run about 150 yards before I did see him, up to the end of Cahir-street—that was the first time I saw Brown—Brown, coming from Mare's yard, would have to traverse the same street—he was nine or ten yards down Cahir-street when I saw him—the man was close to him then, and the woman further down the street than the man; she was behind him—after giving the blow the man ran up the street and turned towards the Ironmonger's Arms; I tried to catch him—he turned round and ran away after he hit Brown, and came towards me—I turned after him immediately; I went after him to Cahir-street in three or four minutes—I saw no one when I went back to Cahir-street—I went towards the Ship public-house; that is on my beat—I then heard a whistle—I was walking that way looking for Brown—I went into the timekeeper's place; the timekeeper was there, but not their regular man—the timekeeper and the man who whistled were there—I then went straight away to my inspector as hard as I could walk, and told him—Brown walked that distance with me—from Mare's to the station is getting on for two miles—I spoke to nobody but Brown about the assault committed on him, before I got to the inspector—I swear positively that I was not in the Ironmonger's Arms between 11 and 12 that night drinking, in the presence of John Flynn and Charles McAndre—I swear positively that I was not in that house before it was closed, drinking—I do not remember speaking to any one that night until I saw Brown—I went into no house—I did not cross the road and attack Patrick Smith—I went to 4, Cahir-street at half-past 3, and saw blood in the passage—the inspector was present, and Nos. 362 and 221, and Mrs. Reid—I do not remember seeing Mr. Cannon; I saw two or three men there, but who they were I did not know—he did not object to my breaking the door open where his daughter was—Mrs. Reid said that Mr. Barber had been fighting that night—that was all that I heard, but I was outside, holding the inspector's horse after that—I remember being cross-examined at the Police-court about seeing blood in the passage—I told the inspector the first night about the man knocking Brown down—I have not been talking to the inspector about the blood in the passage at 4, Cahir-street since that night when he saw it, or to any other person—I went to another house in Cahir-street, not Patrick Smith's—I do not know the number; it was at the further end of the street—I did not go to Kingsbridge-place that night—I have been in the force eight or nine weeks—I got my living 'before by hawking fowls about the country—I heard that a woman had been injured by the police that morning—I did not hear that it was imputed to the police before I went to 4, Cahir-street—I did not know that a woman had been injured till after I got there—my beat touches on Brown's at Mare's gate—the other beat that touches it is about a mile from Mare's gate.
COURT. Q. After that did you endeavour to find him? A. Yes, and we could not, but he came to the police when Mr. Besley was there—he made
his appearance and was committed for trial—before this I was in search of him and could not find him.
MR. BESLEY. Q. Did you hear that he was working at Northfleet? A. Yes—I was not there when he came to apply for a summons, he should have come a week before.
COURT Q. Had you from the night of 3d December been endeavouring to find him? A. Yes, we heard he was at Northfleet—I did not go there, I searched for him about Mill wall—I only went that time to 4, Cahir-street.
GEORGE ALLISON (Police-Inspector K). I have been in the police nearly twenty-two years and inspector over eleven years—Clares came to my office at the station at a little after three in the morning, and in consequence of his information I went to 4, Cahir-street with Somers, Edwin Cleave, and the other witnesses—we found Mrs. Reid there—I immediately asked for Barber, and she said that he was not at home—I went into the passage and said, "What is this blood doing here?"—it was just outside the parlour door—she said that Barber and his wife had been fighting—I am sure those were her words—she did not make a word of complaint at that time of any assault by a constable on Mr. Barber—with that information I left and posted two men not to leave the house during the night, but to apprehend Barber—on complaint being made to me of an assault on the police, I immediately take the complaint down or tell them to write to the Commissioners—I took down what Clares told me on this occasion, and made a report to the superintendent—the usual course is to go to the inspector and make a report—I made a report to that effect to the Commissioner—I applied to the Commissioner for a warrant, as we could not apprehend Barber—that application caused delay, and at the moment the constable was able to attend the police-court I directed him to go there—the usual course was adopted on this occasion, the Magistrate declined to issue a warrant but granted a summons, and at the end of the time they returned it, but there was no person there, I then applied to the Magistrate for a warrant; that was about ten days afterwards—it was obtained then—Brown was very weak, before he could apply to the Magistrate I had to wait for the surgeon to certify that he was fit—I have known him some years in the police, and ten months in Poplar—he bears an excellent good character in the force.
Cross-examined. Q. Were you present when Mrs. Barber applied for a summons? A. No—I do not know that when a summons is applied for against the police the Magistrate requires a letter to be written to Sir Richard Mayne, but I dare say he did in this case—I do not know that Barber applied personally, I only know what passed by hearsay—I saw him come to the examination before the Magistrate on the 29th, when the case was sent to the Sessions—he was examined before Clares, I made an application to the Magistrate about that, but the Magistrate overruled my suggestion—the men on duty are visited during the night—Mrs. McGeehan came on 8th December for the names of the policemen on duty—she did not apply to me but to the sergeant, and I ordered him to give the names and addresses to her at once.
MR. COOPER. Q. May policemen off duty walk where they like? A. Yes.
JOHN SOMERS (Policeman, K. 372). I have been in the police nearly nine years, and have been acting-sergeant for the last two years—there is a difference in the pay of a sergeant and an acting-sergeant—I went with Inspector Allison to 4, Cahir-street—we got there between half-past three and a
quarter to four—going round Brown's beat that morning I missed him—I met No. 257 coming from the station, and then sent for my inspector, and went with him to 4, Cahir-street—I saw Mrs. Reid there—the inspector asked her if Barber was there, she said that he lodged there, but was not there then—I saw some blood in the passage leading from the street door to the door of the room that Barber occupies—the inspector asked Mrs. Reid how the blood came there, did Brown go there?—she said "No, Barber and his wife have been fighting"—she made no charge at that time against the police for injuring Mrs. Barber, not a word—I have done duty with the prisoner three years—he is a quiet, inoffensive man, and a man who I could always trust.
Cross-examined. Q. Did the inspector ask whether Brown had been in there? A. Yes, when he saw the blood—I went straight to 4, Cahir-street, but no other house in Cahir-street—Clares told me to go there—I was not in Court when this case was inquired into before the Magistrate—I was not examined before the Magistrate—Mr. Cannon was present and two or three other people belonging to the house—I told the inspector the same morning that Barber and his wife had been fighting, and he said, "Well, I heard the same thing said"—I have never mentioned it from that time up to the present hour—I do not know that the inspector was present before the Magistrate.
COURT. Q. Was any application made to you for the names of the constables on duty that night? A. No.
MR. COOPER. Q. Did you go after Barber? A. I did—I only searched for him that morning.
EDWIN CLEAVE (Policeman K. 221). On the morning of 4th December I was on duty at Millwall, and Inspector Allison came and took me to Cahir-street with him—I saw some blood in the passage, the inspector wanted to know how it came there, and Mrs. Reid said that Mr. Barber and his wife had been fighting—I remained there till seven o'clock in the morning, to see whether Mr. Barber came back, and to apprehend him if he did—I went there again on Monday morning at two o'clock—I saw Sarah Reid and inquired for Barber—I waited there and he did not come back—Mrs. Barber made no complaint that night of any assault being committed on her by the police.
Cross-examined. Q. Were you present in the house all the time? A. No—I was not there when the pockets of some trousers were turned out and examined—I searched the house—Mr. Cannon was there at half-past three when I was searching, he was in the passage when that remark was supposed to have been made use of by Mrs. Reid—I searched the whole of the house—I went into several rooms—I was not present before the Magistrate—I have never been examined on oath about this till to-day—I told my brother constable the same night about Mr. and Mrs. Barber fighting—since that time I have not mentioned it till to-day.
MATTHEW BROWNFIBLD . I am divisional surgeon to the police, and have the care of the K division—on 4th December, about four in the morning I saw Brown—he complained of an injury he had received, in fact I could see it plainly, for he was covered with blood—I examined him; he had two lacerated wounds on the side of his head, one two inches and a half long, and the other three inches—in my opinion one blow of a poker would produce both these wounds, but one blow of a stick would not unless the stick was irregular—I believe if a poker was wild violence struck on his head it would produce such a wound as I saw.
Cross-examined. Q. And if a stick were irregular would it do the same? A. Yes.
COURT. Q. What do you mean by irregular? A. It must be thicker at one part than another—one part must be half an inch and the other three quarters in diameter, and it must terminate abruptly—there was an interval of sound flesh between the two cuts.
JURY. Q. Would such a stick as this (produced) produce it? A. Not With one blow, this tapers gradually—if it was thick and then terminated abruptly it would; this is thick and thin gradually—the constable has an interval of sound skin between the two cuts—they were in a direct line, not side by side, a poker would do it; a stick with a knob would not do it, it is too long.
GUILTY on the third Count—Recommended to Mercy by the Jury, believing that in striking the blow he sought to assist his brother constable Clares, who, he thought, was being assaulted in the execution of his duty, and that he hit the prosecutrix without intending to strike her. — Confined Two Months.
THIRD COURT.—Thursday, January 12th, 1865.
Before Mr. Common Serjeant.
MR. KEMP conducted the Prosecution.
The prisoner being a foreigner the evidence was interpreted.
WILLIAM CLARK . I am a gardener, living at 353, City-road—on the morning of 27th December, about half-past 3, I was aroused by a noise overhead—I sleep in the back parlour on the ground floor—I got up, and called for a policeman—a policeman came, and I went up with him to the room above, and found the window open—I saw the window safe about half-past 8—I went to bed about 9—I missed this key (produced)—it is the key of my parlour cupboard—I looked out at the window, and saw the prisoner go out from the next door into the road—there was a gas-lamp there—I on swear to the man.
JOHN KING (Policeman, G 16). On the morning of 27th December, I was called to 353, City-road—when I was in the drawing-room, the window being open, I saw the prisoner leaving the garden of No. 355—that was at quarter-past 4—I am quite sure he is the man—I saw an officer on the opposite side of the road; he brought him into the garden, and I put my hand into his pocket, and took out this key—I asked him what key it was—he said, "Door"—I asked him where he lived—he said, "Holborn"—the key had been recently filed—there were two other keys with it—I could not find any owner to the others—they were together.
EDWIN RIOKS (Policeman, G 235). I saw the prisoner coming from the front garden of No. 355, City-road—when he found that somebody was coming after him he ran—I ran after him, and brought him back; I saw this key taken from him.
Prisoner. I never ran at all, I was walking; I asked the policeman what the time was. Witness. No; that is not so.
MR. KEMP. Q. How long an interval elapsed between your hearing the
noise, and your going up stairs? A. About half an hour—I did not go up at once, because I was not dressed—I was dressing—I called for the police at once.
NOT GUILTY .
MR. KEMP conducted the Prosecution.
EMMA DURRANT . I am the wife of George Durrant, and reside at 362, Gos-well-road—on the night of the 26th December I went to bed at 12 o'clock—the house was safe at 11—I got up about 8 next morning, went down stairs about 9, and found that one of the shop windows was broken, and one had been forced open—I went into the kitchen, and found that the window had been forced from the top to the bottom—I was living in the house—the shop is at the back of the house—it is used as a shop—I have seen the prisoner once before—the top of the kitchen window was fixed; it had never been opened, but it was forced open; that was in the area—the cellar door below was open so that anybody could step on that, and get down—I was not shown a hammer by the police-constable, or anything else—the things had nothing to do with me.
NOT GUILTY .
192. LOUIS DENIS was again indicted for Breaking and entering the shop of William Skidmore, and stealing 6 files, 4 pair of players, and other articles, his goods, and I powder-flask, the property of William Webb.
MR. KEMP conducted the Prosecution.
WILLIAM SKIDMORE . I live at 22, Brewer-street, Goswell-road, and am the landlord of No. 362, Goswell-road—I let part of that house to lodgers, and have a workshop there in which I work—I shut it up between 5 and 6 in the evening of 24th December—it was quite safe when I left it—I returned to it on 27th—I found one of the windows broken, and a sash had been forced open—I missed a lot of tools, some watch pendants, some players, and files—this is the property (produced)—it was safe when I left on 24th.
EMMA DURRANT . I live at 362, Goswell-road—this shop adjoins the house—the house was broken into on 26th, between 11 and 4—persons could get from the house to the workshop—I found the windows of the workshop broken open at 9 o'clock on the morning of the 27th—I had seen it safe at 11 the night before.
WILLIAM WEBB . I am errand boy to Mr. Skidmore—I was in his service on 24th December—this powder-flask is mine, I left it in Mr. Skidmore's workshop on 24th—I have seen the prisoner once before—I did not give him this flask.
JOHN KINO (Policeman, G 16). I stopped the prisoner on the morning of 27th—I searched him in the garden of the house 353, City-road—I found this powder-flask in his right-hand pocket—I asked him if it was his—he said, "Yes"—I left him in charge of Clark, went to the garden of 355, City-road, and found a bag containing these other articles—I heard Clark call out "Police"—I afterwards examined the house; the window appeared to have opened by something of this kind. (A file.)
Prisoner's Defence. I know nothing about it.
GUILTY .— Confined Twelve Months.
MR. DALEY conducted the Prosecution
ELIZA ANN HILLINGS . I am a widow, and live at 1, Queen square, Aid-gate-street—the prisoner came to lodge with me on 30th November—he left on 21st December; that was the last time I saw him—there was a dress of mine in the room he occupied—he did not say he was going to leave—on the afternoon of the day he left, I missed several things to the value of about 2l. or more—this dress (produced) is my mother-in-law's property—it was safe in the room when the prisoner came—I saw it there the day after—that was the last time—he did not sleep there every night—sometimes he stayed away two or three nights—he said he was a traveller.
JOHN MOORE . I am assistant to John Rose, a pawnbroker in Cripple-gate—I produced a dress pledged at our place on 9th December for 10s.—it was taken of a foreigner, in the name of John Vincent, 42, New North-road, Islington—I have the duplicate here—it corresponds with that produced by the constable, and relates to the same property—I cannot swear to the prisoner as coming on this occasion, but I have seen him in the shop.
Prisoner. Q. Were there other tickets also on me? A. Yes. The prisoner's statement before the Magistrate:—"I have not done it." Prisoner's Defence. I am traveller for some first-class houses, and have been in this country nearly three years—I took these pawn-tickets of a man named Johnson, as security for some money I lent him.
MRS. HILLINGS (re-examined). Nobody else had access to the room, which the prisoner had, but myself and family.
GUILTY .— Confined Six Months. There was another Indictment against the prisoner.
MR. COOPER for the Prosecution offered no evidence.
NOT GUILTY .
The prisoner admitted the unlawfully wounding.
GUILTY of unlawfully wounding. — Confined One Month.
OLD COURT.—Friday, January 13th 1865.
Before Mr. Recorder.
For cases tried this day, see Surrey cases.
For the case of Ferdinand Edward Karl Kohl, see p. 161.
Before Mr. Common Serjeant.
Confined Eighteen Month.
Before Mr. Recorder.
MR. DALEY conducted the Prosecution, and MR. SLEIGH the Defence,
THOMAS MORGROVE . I am a labourer of 12, Maxey-road, Plumstead—on 6th November, about 11 o'clock, I was going home with my wife—we heard some angry words near the King's Arms, and saw the prisoner there disputing with Mr. Campbell, who he said owed him 3l. 5s.—I saw him knock Campbell down, and before he had time to get properly on his feet he knocked him down again—I went up to Campbell and asked him whether he' was hurt—he told me his leg was broken—I went to the Arsenal for a stretcher, and they went to the police-court—the prisoner called on me a week afterwards, and said that he would pay for my loss of time if I would speak on his behalf.
Cross-examined. Q. Was not the deceased in a fighting attitude? A. No, there were only four people there when I went up, they are here—the language was rather foul—I could not hear what Campbell said, but I heard the prisoner use foul language, and tell him to get up again, and if he did not pay him the money he would get it out of his body.
JOHN HAY . I am employed in the Arsenal, and live at Plumstead—on 6th November I met the deceased in the Ordnance Arms, and as we went home we went into the Queen's Arms—he was called out by some one—he went out, and I remained inside till my name was called—when I got to the door, the prisoner was in the act of taking off his coat—he said, "You b----you owe me 3l. 5s., and if I cannot get the money out of you I will take it out of your body, "and he knocked Campbell down with his foot—I went up to the prisoner and said, "If the man owes you money there is a proper way to get it, and not that"—he told me to mind my own business—I sent for a policeman, and as Campbell was getting up the prisoner knocked him down again—he could not get up, and I remained till a stretcher was brought and he was carried away.
Cross-examined. Q. Had you been with Campbell some time? A. Yes, he was perfectly sober—he had had something to drink; I saw him take part of a glass of ale at the Ordnance Arms—he and I were there about ten minutes—I had a glass of whisky there—he was there four or five minutes before my name was called out—the deceased did not call the prisoner a d—d rogue in my hearing—I was examined before the Magistrate—two witnesses were called on behalf of the prisoner—I did not hear the deceased use strong language towards the prisoner—the deceased was knocked down twice after I went out, but he never held up his hands to defend himself—he was a healthy man and taller than the prisoner—I know the prisoner by sight only.
HENRY EDMONDS . I am landlord of the Royal Arsenal, Woolwich—about 11 o'clock on 6th November I was passing along the road opposite the Queen's Arms, and saw three men and a woman outside—the prisoner was one, and the deceased another—they were having high words—just before I got to the Queen's Arms—I saw one of the three men fall down or knocked down—he had been there some time, and two men and a woman stood over him—they went away some distance—the other man picked him up and crossed over—Mr. Campbell was going into the Queen's Arms, and
met Mr. Hay coming out—Mr. Hay said, "Halloa, what is the matter"—he said, "That vagabond has done this, "turning round and pointing to the prisoner, who made no answer then, but they all got out into the road—the prisoner said, "I am surprised at you, Mr. Hay, keeping company with such a man as Campbell, for he is both a rogue, a swindler, and a vagabond; I will have satisfaction out of him, "and he pulled his coat off, and commenced to fight with Campbell, and knocked him down again—Campbell did not strike him at all; he got up and was knocked down a third time by the prisoner—I saw him taken away on a stretcher.
Cross-examined. Q. Do I understand you that the deceased was not in the attitude of fighting? A. I did not see him—I did not hear the prisoner say that Campbell had struck him first—I did not go to the police-station—the prisoner was taken in custody—there was no bad language by the deceased that I heard.
EDWARD REYNOLDS RAY , M.R.C.S. On 6th November I was housesurgeon at Guy's-hospital—Campbell was brought in on the morning of the 7th with a broken leg—he went on pretty well, and was recovering slowly, but afterwards died from extravasations of urine—the broken leg was not the immediate cause of his death.
Cross-examined. Q. Had he bad stricture of the urethra, and were you obliged to operate to endeavour to save his life? A. Yes.
Witness for the Defence.
ALEXANDER ELLIOTT . I am employed in Her Majesty's Arsenal, and live at Plumstead—on this Sunday night I came out of the Queen's Arms, and saw the prisoner and deceased—I did not know them before—I saw Mr. Campbell and the prisoner and his wife come out—the prisoner said to Campbell, "You owe me 3l. 5s., let us have some appointed time for payment"—Campbell said "I do not know when I shall be able to pay you"—Mrs. Godden stepped up and said, "I have offered to take it of your two sons at 6d. a week"—he said, "My sons! I have locked one of my sons up, and it would take but d—d little time to lock you up"—Godden called him a d—d rascal, and Mr. Campbell threw his fist out to strike him—I was not near enough to see whether he did, and Godden up with his fist and knocked Campbell down—he got up and showed fight, and Godden knocked him down again—I went to him and said, "Come, get up, "and helped him up—Godden pulled off his coat and showed fight—he knocked Campbell down again, a mob collected, and I was pushed out—I have seen the witness Hay—he was not in sight at the commencement of the matter—he came in among the rest of the crowd—I did not see him before—I did not see him come up—I heard Campbell's voice when he squared his fists, but could not hear his words—they were not very loud.
Cross-examined by MR. DALEY. Q. Did you hold the prisoner's coat when he took it off? A. No, I kept his mistress back out of the crowd, and told her she might get a foolish blow—I did not see the prisoner hit Campbell at any time.
JOHN BRAIN . I live at Plumstead—I was coming from Charlton, and called in at the Queen's Arms for a glass of ale—I came out and heard the prisoner call Campbell a d—d rascal—Campbell up with his fist and struck him a blow on the face—the prisoner struck him back again and knocked him down—he got up again and came up in a fighting attitude—the prisoner knocked him down again, and pulled off his coat and came up in a fighting attitude—he knocked Campbell down four times, but the fourth time he merely pushed him down—Campbell was lifted up; his back was put against
the public-house, and a stretcher was sent for—I saw Hay after the third round—I did not see him come up—I should not have noticed him, only he was conversing with Edmunds—Elliott and a female were also present.
GUILTY of assault—Recommended to Mercy by the Jury on account of the provocation. — Confined Fourteen Days.
Before Mr. Common Serjeant,
MR. WOOD conducted the Prosecution.
HELEN LIVINGSTON . I am servant to Robert Montgomery, of Sydenham—on Tuesday, 13th December, at 5 o'clock, I put two sheets and a tablecloth on a line in the back garden to dry—there is a gate leading from the backgarden to the front—at about a quarter to 6 I heard footsteps pass the side-door—I went out, and found that the clothes were gone—I went to the gate, and saw a person with a bundle, about six yards from the house, going towards the village—I saw a policeman with the prisoner next day, and believe her to be the same woman—I called a girl, who traced her to Wells-road, and then gave information to the police—her walk and her figure make me believe she is the same person—I saw the articles next day in the policeman's possession, in the prisoner's house—these (produced) are them.
SARAH ADAMS . I am in service next door to the last witness—on 13th December, about a quarter to 6 at night, she called me, and I went straight after the woman—I kept a short distance behind her—it was the prisoner—she was about four minutes walk from the prosecutor's when I first saw her, and had a bundle under her arm—from the peculiarity of her figure and gait I can say that she is the woman, without seeing her face—I followed her to within a few steps of the street where she lives, and then I turned back.
WILLIAM BEAMAN . I a plaisterer's boy—I have known the prisoner about a month—on 13th December, about 6 o'clock, I was working down the Wells-road, and saw the prisoner, about quarter of a mile from Mr. Montgomery's house, with a bundle under her arm, and a corner hanging down, which looked like the corner of a sheet—she was about twenty yards from where she lives, and going towards home.
RICHARD EDWARDS (Policeman, R 57). On 14th December, in consequence of information from Livingston, I went with Beaman and Adams to the prisoner's house—I saw her at the top of the landing, and asked her what bundle she was carrying the night before—she denied carrying one—I said, "Well, you are suspected of stealing two sheets and a table cloth"—she said, "You had me once and you thought you were going to have me again, you had better look in my place and see"—she pulled down the bed and opened a box and cupboards—there was nothing there—I saw these sheets and tablecloth lying in a heap on the lauding, between her door and the lodgers' door, and asked her if she knew anything about them—she said, "No"—I said, "What do you call this?"laying hold of them—she said, "I know nothing of them"—I told her she must go to the station with me and she refused—I took her there, and going down the stairs, she said to the daughter of the other lodger, The things were put on my bed within a minute, and I threw them out on the landing—I was not in her room more than two minutes—I did not lose sight of her.
COURT. Q. Did she know of your coming before you went? A. She could have seen me, her room is facing the road I had to come up—I was in uniform—the landlord opened the door to me, and I heard the prisoner
inquire who it was who had come—the landlord said, "It is a policeman—she was then up stairs, and I was down.
Prisoner. When you came to the door and mentioned my name I looked over the balusters.
MARY ANN TAYLOR . I am single, and live with my mother in a room opposite the prisoner—on the evening of 14th December, about a quarter past 10, I was in my room alone, and heard a noise—I left the room and heard the prisoner come on to the landing and say, "Mrs. Taylor, I want to speak to you"—I said, "Mrs. Shields, mother is not at home"—I left the door open, and saw her shadow on the landing, and when I got into the room the sheets and tablecloth were half on the bed and half on the floor behind the door, part had caught on the door-haudle—the landlady came up with me, took the clothes and put them on the landing, saying, "We will not have them here, they do not belong to us"—the policeman had come before I left my room, and was looking in a cupboard at the time I went down stairs—the cupboard is on the right side of the window in the prisoner's room, and the prisoner was just outside her door.
Prisoner. Q. Were you not in your room when the policeman was searching my room? A. Yes; but as I came up stairs you made a lot of motions as much as to say, do not let him go into my room, there is something I have thrown there—you did leave your room, and your daughter was on the landing, as soon as I ran down stairs she ran down.
Prisoners Defence. I have been convicted, and got three years penal servitude from here. I came out on 12th December, 1864, and the policeman who had me then has got me now. When I had only been home a day or two he said—"Oh, you have come home, I shall soon have you again;" I cannot go to a butcher's or baker's but he comes and looks to see what I get On 12th November he came and said, "What is that under your shawl V I said, "I am surprised you do not let me alone; the children are unable to go to school without being cried out at"—he said, "You know I shall have you again, I shall wear a stripe for you." On the 14th he came to my place, between 10 and 11, and said, "What bundle is that?"I said, "Some bread and potatoes for my children's supper"—he said "There have been some things lost in the neighbourhood, and I believe you have got them, I shall make it my business to have your place searched." He went and found the things on the landing, and then had me up; 1 said, "Why should you have me; he said, "If there were one hundred I should have you, and if you do not come out directly I will put a rope round your neck and drag you out." I went, and he said to the sergeant, "Do not you know her figure and walk?" He said, "No; in and this man said, "Any evidence will do against her, she is a ticket-of-leave, and is condemned already. There is no ground for my being taken up except that I am a ticket-of-leave. I have been two years and seven months away, and a month here waiting for my trial. I came home intending to be a good wife and a good mother, and regain my character, but this policeman will not let me.
COURT to RICHARD EDWARDS. Q. She says that she has been convicted before, and had penal servitude; do you know that? A. Yes; I had her in custody; I only know of her return by her reporting herself to the sergeant—it is totally false that I followed her about the street and compelled er to show what she had got in her basket—I never spoke to her but once, when she came and looked in my face and said, "I have nothing to blame you for the last conviction, I am quite a reformed woman now"—I never said, "Never mind, you book the charge against her, any evidence
will do because she is a ticket-of-leave woman"—I did not say "Anybody who had seen a woman of that figure and walk would know her again nothing like it—I never said that I would put a rope round her neck and drag her out.
Prisoner. When I said that I wanted a cab, he said, "I will get a chain and put about your neck and drag you," and when I was here before he went and gave my children a penny a-piece and asked them whether I had been in prison before.
WITNESS. It is not true—I looked into a cupboard as you have, at your place, but you were behind me talking the whole time, my back was not turned a second.
JURY to MARY ANN TAYLOR. Q. Where were you when the policeman knocked at the door? A. Lying on my bed—the door was a little way open and when I left the room the policeman was in the prisoner's room—I never' saw the things when 1 passed out of my room, all I saw was the prisoner's daughter standing on the landing—I cannot tell whether she had got the things.
COURT. Q. How long were you down? A. Not a minute—when she came on the landing the policeman was still in her room—nothing was said in my presence about a ticket-of-leave.
GUILTY .—She was further charged with having been before convicted in May, 1862, to which she
PLEADED GUILTY**— Confined Six Month.
199. JOHN HATIT (35) , Burglariously breaking and entering the dwelling-house of Henry Oliver, and stealing therein 4 spoons, 1 pair of sugar-tongs, and other articles, his property; and 1 pocket-book, and other goods, the property of Mary Ann Linzell.
MR. LEESON conducted the Prosecution,
HENRY OLIVER . I live at West-hill, Sydenham—on 14th December, about half-past 1 in the morning, I was awakened by a noise—I rose from my bed, went out on the landing, looked over the banisters, and saw the reflection of a light from the dining-room, and heard the voices of men talking below—I returned to my bedroom, opened the window, and called for the police—in the course of a very few minutes a constable appeared—I told him that there were men in the house—he went to the back of the house, returned immediately, and told me something—I then went down stairs, and let him into the house—we went into the kitchen—the place seemed in disorder—we went into the scullery and pantry, and saw that the centre iron bar of the pantry window inside had been removed—that would enable a person to get in—the policeman afterwards showed me some silver spoons, a pair of silver sugar-tongs, the tops of some cruets, and a card case, which I identified.
MARY ANN LINZELL . I am married, and am general servant to Mr. Oliver—on 13th December, I went up to bed about 11; the house was then safe; everything in its proper place—the bars of the pantry window were quite safe—the spoons and sugar-tongs were in the kitchen cupboard.
BENJAMIN CLARK (Policeman, R 318). I went to the prosecutor's house, about half-past 1 on, 14th December, from hearing him cry "Police!"—I went round to the back, and saw the prisoner getting over Mr. Oliver's garden fence—I ran after him, and caught him—he was without boots or coat—I took him to the station-house—on the way he asked for his boots—I asked him where they were—he said, "Up there"—he did not point anywhere—I had seen him on the night before, at half-past 11, in Jew's-walk, about 300 yards from Mr. Oliver's house, with two more—after I had locked
him up I returned with another policeman to the, prosecutor's house—on the back lawn I found a pair of boots, and this crowbar (produced)—when I saw the prisoner the night before he bad a coat on, and a slop underneath, and a hat like the one produced—the hat, coat; and boots, were tried on the prisoner, and they fitted him.
Prisoner. Q. Did you go through the house before you saw me go over the palings? A. Yes—I was in the house about half a minute—I did not examine the house then—I only looked in the down-stairs rooms—I stopped you in the road, about 200 yards from Mr. Oliver's house—we had gone about twenty yards when you asked for your shoes—you were not drunk.
GEORGE BEST (Police-sergeant, R 21). I was on duty at the station when the prisoner was brought there by Clark—the prisoner said he had left his slippers; they had come off in the mud, and requested me to send for them—he laughed at the idea of his being charged with burglary—the constable stated that Mr. Oliver's house had been entered, and that he had caught the prisoner making his escape—the prisoner said nothing to that—I afterwards went to the house—in the garden, near the pantry window, I found this coat and hat (produced)—in the pocket of the coat I found this property, four spoons, a pair of sugar-tongs, three tops of cruets, a purse, a card case, and a pocket-book—two iron bars had been forced from the pantry window inside—the prisoner afterwards wore the boots, coat, and hat.
Prisoner. Q. When I came to the station was I the worse for drink? A. I consider you were slightly under the influence of drink—I did not send for your slippers when you asked me in the morning; you objected at first to put on the boots, saying they were not yours—I consider they fit you very well.
Prisoner's Defence. The boots I was wearing were shoes of this description. (Taking one off.) I was rather the worse for drink; I was walking along the back of the prosecutor's house, and the policeman came and caught hold of me; it was not impossible for my boots to have come off in a muddy lane like this, and being pulled about by a policeman; I never wore that hat; if I could have got the witness, I could have proved I was at Croydon at half-past 10 that night.
PLEADED GUILTY. Joseph Lambert, stated that the prisoner had escaped from Pentonville Prison, about three months ago, and had not been retaken until the present charge
Seven Year's Penal Servitude.
MESSRS. METCALFE and STARLING conducted the Prosecution, and MESSRS. RIBTON and OPPENIIEIM defended Davis, MR. LILLET defended Barley, and MR. WOOD defended Shipton and Malem.
JAMES WESTON SHERMAN . I am the deputy-purveyor at the General Hospital, at Woolwich—when coals are delivered from the contractors to the hospital, there are tickets collected after delivery, which are handed to me—I received four bundles of tickets for the 6th, 7th, 8th, and 9th of
December—they ought to have comprised the whole of the tickets for coals delivered upon those four days at the hospital—I believe these are the four bundles of tickets (produced) which were delivered to me by Sergeant Williams—they were given by me to the police—Sergeant Williams was the person directed to superintend the delivery on those four days—the prisoner Davis was appointed under him—t received these on Saturday the 10th.
Cross-examined by MR. LILLEY. Q. I understand you cannot swear to those as being the tickets? A. No—I have no marks on them—the bulk of the coals has not been measured since this inquiry commenced—the coals were deposited in two coal yards at the General Hospital, and in a smaller coal yard at the female hospital.
Cross-examined by MR. WOOD. Q. What would these tickets relate to? Each of those bundles comprises a day's delivery—one of these tickets would be given on the receipt of each cart-load—the last ticket of the day bears the last cart-load, and the quantity of coals received during the day—there were seventy-nine cartloads on the 8th.
MR. METOALFE. Q. Are there 348 tons altogether delivered on those four days? A. Yes—there were other coals there before these were deposited—it would be entirely impossible to releaser them.
JOHN WILLIAMS . I am a sergeant in the Army Hospital Corps—I was appointed to superintend the delivery of coals on the 6th, 7th, 8th, and 9th of December—the prisoner Davis was under me, and it was his duty to superintend that when I was away—I do not think I was there on the 6th—I had other duties to attend—I was there for a short time on the 7th; early in the morning—I went away, leaving Davis there, and again on the 8th and 9th the same—I paid occasional visits—while I was absent Davis had the uncontrolled check of the coals—it was his duty, whenever a cart came in with a load of coals, to receive a ticket from the carman, and to see that the coals agreed with the ticket—he would take the number on the ticket, and check it by the number of sacks in the wagon—he would then place the tickets on the file, and give them all to me at the end of the day—I delivered these tickets to Mr. Sherman on the Saturday—I examined them, and found them to be correct—I find that they indicate the right number of coals that were delivered—the dress that Davis wears is that of a private soldier.
Cross-examined by MR. RIBTON. Q. Did you attend there every day. A. Yes, and received some of the tickets—I can't say on each day, or the particular tickets—the number of tons received each day is marked on the back of the last ticket—I should imagine that to be in the clerk's, Mr. Hunter's, writing—the 348 tons would be endorsed by the clerk at the wharf—I can't tell you which received that particular ticket—I am certain I did not, because I had other duties to perform at the time the last load came in—I believe there was one other man who received besides the prisoner for a short time—that was only on one afternoon—I can't say what he received—I received every day occasionally—the tickets are left on a file at the end of each day, after being tallied up—the party that receives them puts them on the file—I put mine on the file when I received them—I can't say exactly what time I left in the morning—I generally relieved Davis for him to get his break-fast, and then left him—he would put every ticket on the file as be received it, and anybody else would do the same—the file was in a small hut or shed in the coal yard—it was not locked; anybody had access to it—anybody could not pop in and put a ticket on the file if they liked, because some one would be there sufficiently near to detect them—the man in charge of the yard would not allow any one to come in—the party receiving the coals was in
charge of the yard—the other man who helped one afternoon was named Wilson, a soldier—he is at Woolwich for what I know—I should think only one man came in with these carts—to my recollection I saw but one man to each cart—I personally inspected the delivery of the coals when I was there—I overlooked everything that was done; I am sure of that—I believe Davis has been in the service near eighteen years; he wears a medal for the Indian mutiny.
Cross-examined by MR. WOOD. Q. Where did the coals come from? A. Hunter and Frost's wharf—it was a very large supply—I can't say how many carts they keep—I see every part of the hospital—I have a great many duties to perform.
MR. METCALFE. Q. Were you present on any part of the three days, 6th, 7th, and 8th, between half-past nine and five? A. I only went there on occasional visits—Davis was there all the time, between half-past nine and five—no cart was admitted without his knowledge, or mine.
JOSEPH MILLER . I am a carman, and live at 1, Cross-street, Woolwich—on the 6th, 7th, 8th, and 9th December I was in the employment of Messrs. Hunter and Frost the contractors—on the 7th I was driving a van, hired from Mr. Tomkins—I took a load of coals to Woolwich hospital—Shipton spoke to me on 7th—he told me when I delivered the first load that he would meet me by the Bull, and tell me where the other load was to go—the Bull is about twenty yards out of the road from the contractor's to the hospital I should think—when I came with the next load I met him at the Bull—he told me to follow him, he would show me where they were going to—I did so, and went to a house in Whitworth-place—I know now that it was the prisoner Burley's house—Shipton told me to pull up—I had two tons of coals in my van—they were all taken out in the sacks, and the sacks afterwards put back into the cart—Shipton asked me for the ticket, and I gave it to him—I then went back for another load—I took that load to the hospital—I took no more loads anywhere but to the hospital on that day—on the next day, the 8th, I took the first and second loads to the hospital—the third Shipton told me was to go to the same place, and he would meet me near the Bull—I met him, he took me to Burley'a, and two tons were delivered there again—Shipton asked me for the ticket, saying he wanted to take it to the hospital, and I gave it him—on that occasion Burley drove up in an empty cart, and two sacks were loaded into it—the name of Howard was on the cart—two Backs were unloaded out of my load into the cart—the rest of the load was taken into Burley's place, into a back-yard—they were shot out of the sacks into a shed—I took another load there on the 8th, about four o'clock by Shipton's order—he met me there—it was about two o'clock in the day when Burley came up with the cart—two sacks were taken out of my cart and put into Burley's cart, and the rest of the load was put into Burley's yard—I did not see what became of the coals that were loaded into Burley'e cart—he saw it done—I gave the ticket of that load to Shipton—I took all my loads to the hospital on the 9th—I remember delivering my last load on that day—I gave the ticket of that load to the soldier on duty at the gate—I can't swear to Davis as the man—it was dusk—Shipton shot the coals of that load—I helped him with about half of them out; that was the last load—I had occasion to get out, and Shipton said, "Go on, they are all right"—he told me to drive on and I did so—I was not aware at that time that there were any sacks of coal in the van—he told me all that were in the van were to go back to the wharf in the morning—I had to take the van that night to my employer's place, Mr. Tomkins—I did not
know there were any sacks of coals in the van at that time, not till I was told on the following day—I drove on as Shipton told me—I did not get anything for doing this—I had the misfortune to be taken into custody—I told the police about it—I never delivered any coals till this occasion—Mr. Tomkins is a carman and lets out carts to the contractor—I was only supposed to draw the coals.
Cross-examined by MR. WOOD. Q. Have you left the contractor's employment? A. Yes, I left soon after this affair—they turned me away B. without notice—I was locked up—I was not aware the sacks were in the C. van on the 9th—this was the first time I had anything whatever to do with D. coals—Hunter and Frost carry on a large business.
Cross-examined by MR. LILLEY. Q. Can you read? A. A little—I am not a very good scholar—there was "Royal Artillery Barracks" on the ticket—besides taking coals to the hospital and to Burley's, I took two tons to a colonel's house, that was on the first occasion—there were two or three vans and carts with me—ten tons went up together—I drove two tons, and Shipton and his fellow-servant carried them in—I can swear that the man who came up in the cart was Burley, I did not before, I was not positive then—I was not positive whether it was Burley's house—I saw Burley there, he had a blackened face—Sergeant Ling asked me if there was a cart drove up at the time, and I told him there was, and that there were two sacks shot into the cart—I have seen Burley since, and recognised him as the man who came up in the cart—I saw him at the police-court—Shipton and I had a pot of beer together after the delivery of the coals, at the "Armstrong Gun"—I did not receive anything at that time, or afterwards.
MR. METCALFE. Q. How many sacks did you bring back from the hospital? A. Five—they were laid down at the bottom of the van and the empty sacks put over them—Shipton rode with me down to my employers—Burley's face was blackened with coals—I pulled the coals back for Shipton to carry in to Burley's.
COURT. Q. Did you know Burley's name when first you saw him! A. I did not—I was very busy at the time he drove up, but I am now sure he is the same man.
MR. METCALFE. Q. Had the coals you took to the colonel's anything to do with the hospital coals? A. They came out of the same ship—I was ordered to take them to the colonel's—I don't think I had any ticket for them.
JOHN LASH . I live at 91, King-street, Woolwich, and am a carman—on Saturday, 10th December, I went from Mr. Hunter's wharf to fetch Mr. Tomkin's van—I believe it was the same van the last witness had the day before—I found five sacks of coals in it, besides some empty sacks—they were lying down, at the bottom of the van—two sacks of coals were partly covered over by empty ones—I took the van down to the wharf as I found it—all the sacks bore the initials "H. and F." and belonged to Messrs. Hunter and Frost.
Cross-examined by MR. LILLET. Q. Could not these sacks be seen? A. Some of them you could see by the end of them not being tied—they were sufficiently visible to attract any one's attention who looked into the cart.
JOHN LIGHTON . I live at 68, Crescent-road, Woolwich, and am a clerk, employed by Hunter and Frost—I was engaged on the 6th, 7th, 8th, and 9th December in seeing the coals shipped from the ship "Sceptre, "to the Hospital—there were coals went from that ship elsewhere—I believe ten tons went to some colonel—the Hospital tickets were not sent with those on the
6th—103 tons were sent—there are seventy-one delivery tickets, some loads contained two and some one ton—on 7th there were seventy tons, and forty-six tickets—on 8th there were ninety-seven tons and seventy-eight tickets, and on the 9th seventy-eight tons and sixty-two tickets, making up 348 tons altogether—I have' examined the totals of these tickets with our books, and find they correspond—one of the vans was hired from Tomkins, and driven by Miller—I have down here Tomkins, the employer's name, as having token the last load on the 9th—Malem took a load on each of the days mentioned—he had a cart—I know Shipton by sight—I believe he was engaged up at the barracks—I was not there.
Cross-examined by MR. OPPENHBIM. Q. Did you Bee who drove Tomkin's van? A. No—I could not swear who drove it—the totals on the back of the tickets are in my writing—I have not examined each ticket singly.
Cross-examined by MR. WOOD. Q. What are your duties? A. Merely to make out the tickets and deliver them to the carmen—a duplicate is left in this book—we never Bent three tons in one load—there were vans for two tons and carts for one ton—I have been in the employment nine months—I have never found out any difference between the amount of coals delivered and the tickets returned—I was never employed in that duty before—I tell the carmen in the morning where they are to go to and they go there all day—I told Miller on these days to deliver the coals at the hospital—I won't swear I gave him these directions on all four mornings.
Cross-examined by MR. METCALFE. Q. Did you ever tell him to take any to Burley's? A. No—the counterparts are torn from this book.
Cross-examined by MR. OPPENHEIM. Q. Do you fill up the name of the carman on these tickets? A. Yes—this last one with the name of Tomkins on it on the 9th is my writing—there was only one van of Tomkins'.
THOMAS DINAM . I live at 4, Whit worth-place, Woolwich, next door to Burley's—I know him—he has a yard behind his house and a shed in it—he is a dealer in coals—on 8th December, I saw him about 1 o'clock, coming home in his cart towards his own place—about an hour, or an hour and a half previous to that, I saw a cart and a van of coals as I supposed, going towards his shed—I can't say whether they went there—they were five or six yards from his house when I saw them—there is a projecting corner, and I could not see if they went round to the yard—there is no thorough-fare in the direction of the shed—there are no other houses there—I can't tell you whose van it was—the direction it was going was not the direction from the wharf to the hospital at all.
Cross-examined by MR. WOOD. Q. There was nothing surprising in Burley's having coals in? A. No, not at all, I should think.
Cross-examined by MR. LILLEY. Q. Were this van and cart in the public thoroughfare when you saw them? A. Yes, where carts and vehicles pass and repasts.
SAMUEL LING (Policeman, R 159). On the morning of 9th December, in consequence of information 1 received, 1 communicated with Mr. Hunter, and watched a cart-load of coals which came from the direction of the ship, driven by Malem—the coals were for the hospital—I saw him turn out of the direct road in the direction of Burley's house, about 140 or 150 yards from it—I went to the top of the street—Malem saw me, and turned his horse's head round—I followed him to the hospital, and saw the coals delivered—I was not in uniform—he has known me for two or three years—I afterwards went to Burley's house with Mr. Frost, and found about eleven tons of coal in a shed in a yard at the back of the house—they
were bright as if they had been recently shot there—I afterwards went to Tomkins', saw Miller, and told him I should charge him with stealing about eight tons of coal—he was charged, and afterwards discharged by the Magistrate—I was there at the time—Shipton and Burley were then charged—it was on the 10th, the day after their apprehension—they were finally com-misted on 24th—Miller repeated his statement that he had taken the coals to Barley's house by the direction of Shipton—Shipton said, "That is quite right; he did not know why I ordered him to take them there"—I took Shipton at his own house—Miller was brought in to him at the station, and said, "That is the man who ordered me to take the coals to Burley's house; Shipton said, "All right, are you going to lock me up all night?"—I then went to Burley's, found him at home, and asked him if he had had any coals in the day before—he said, "No; I know nothing about any"—I then charged him with receiving a quantity of coals, well knowing them to be stolen—he made no reply—on 13th, I accompanied Inspector Lindell to the hospital, and he charged Davis—he said to him, "You tan consider yourself in civil custody on suspicion of stealing a quantity of coals belonging to the Government"—he made no answer—the inspector then said that five sacks of coals had been found in the last van on the Friday night, of which he had received the ticket—he said that he had received the coals all right out of the van, and that they were delivered at the Female Hospital—he was then taken to the station—on the 10th, after Burley was in custody, I went with his brother to the police cell—his brother is a boot-maker in High-street! Woolwich—he is a very respectable man—he asked Burley if he should get him any legal assistance—he said, "No; I shall not require it; I shall plead guilty to receiving a load or two, and try and get it settled here"—on the 20th, I apprehended Malem at the Dockyard at work—I told him I wished him to go with me to see the man who he had offered some coals to on the 9th—I took him to the Prince of Wales, and there showed him to Thomas Burley, who was a waiter there—I believe he is another brother of the prisoner Burley's—Thomas Burley said, "That is the man who offered me the coals on Friday"—Malem did not say anything—I then charged him with stealing a quantity of coals belonging to the Government—he said, "I shall speak the truth about it; the first day that I was carting coals to the Hospital the private soldier, who was taking the tickets, said, 'You must find a shop to put away a few tons'—I did not want to have anything to do with it till after I had seen Steve Burley, and on Thursday, the 8th, I took him a ton load, and shot them in the shed, and Burley paid me in his house ten shillings for them—I went back to the wharf, and took another load to the hospital, and gave the two tickets and 4s. 6d. to the private soldier, who was taking the tickets, and the rest I spent in drink"—I then took him to the station—he commenced making the same statement before the sergeant—he was cautioned, and then he made the same statement two or three times—he seemed over anxious to make it—the 8th was Thursday—none of the other prisoners were present when Malem made that statement.
Cross-examined by MR. WOOD. Q. Can you tell us who the private soldier was? A. No, Malem did not tell me—the name of Davis was not mentioned.
Cross-examined by MR. LILLEY. Q. Did you make that long statement as to Malem before the Magistrate? A. I did—it was on Friday, the 9th, that I took him, at 9 o'clock at night—I am sure it was Friday, and not Saturday—it was on Saturday, the 10th, that I went with Burley's brother to the police cell, at about a quarter to 12, before he was taken before the Magistrate.
MR. METCALFE. Q. You say you went with Malem back to the hospital, and saw him deliver the coals 1 A. Yes, I can't say who the man was taking the tickets then—I could not see.
LINDELL (Police-inspector, R). On 13th December, I went with Ling to the general Hospital—I there saw Davis—I said to him, "Consider yourself in civil custody for being concerned, with others, in defrauding the Government of a quantity of coals"—he made no reply to that—I then said, "There were five sacks found in the last van, of which you received the ticket"—he said, "The last load Was delivered at the female hospital, and I saw them all shot—I then took him into custody.
Cross-examined by MR. LILLEY. Q. Have you known Burley as a respectable tradesman in Woolwich? A. Yes; three or four years—I never heard anything against him before.
EDWARD SEYMOUR (Police-sergeant, R 31). On the morning of 20th December, I was on duty at the station when Malem was brought in by Ling—the charge was read over to him in the usual way—I cautioned him—he said he was not going to be brought into the mess alone—he said on the first morning of carting coals from the wharf, on the Friday, he was conveying coals to the barracks, and a private soldier there asked him whether he could not put away some coals—he said he would see about it, and he saw Burley, and took a ton of coals there, and received ten shillings from him—he gave 4s. 6d. to the soldier, and kept 5s. 6d. himself, and spent it in beer—he said he gave the ticket over when he took the second lot of coals to the soldier.
Cross-examined by MR. WOOD. Q. He said no more than that? A. He said he gave it to the private soldier, that was all—I was present when Shipton was taken—he was not sober—I did not take heed of what he said—I did not take the charge—I heard him say, "Are you going to lock me up all night?"—he was very violent when he was brought in, and very drunk—I know that Miller was charged with stealing coals—he was in the dock—he was afterwards discharged—I saw the coals at Burley's yard afterwards—I passed through the cells at the time of the interview between Burley and his brother, but I did not hear what they said.
THOMAS BURLEY . I am waiter at the Prince of Wales public-house, Woolwich—on the morning of 9th December, between 9 and 10, I saw Malem in a cart, with two boys and some empty sacks, going towards the wharf—he called me, and asked me whether I could buy any coals—I told him no, that I had nothing to do with that now—I had been in the coal trade—he then said it was made all right about; that my brother had had ten tons—I did not buy any—I saw him again on the Sunday morning, and told him the detective had been to me about his trying to sell some coals to me—he told me that I must stick out, and know nothing about it.
Cross-examined by MR. WOOD. Q. Are you related to Burley? A. Yes, his brother—I have been out of the coal trade about two years—I left it through misfortune; bad luck with the horses, and one thing and another—I had the horse and cart seized from me—I was never in partnership with my brother—I never had coals of him—he never sold me coals—he has been in the trade about six years, I should think—I was keeping my mother and sister, and he came and took my horse and cart from me—we have not been the best of friends since; I don't say we are bad friends—we never speak to one another. Cross-examined by MR. LILLEY. Q. Has not he borne the character of a
a, honest man? A. He has, as far as I have always known—he did not give me 34l. for the horse and cart; I have heard it talked about that he gave it to my mother—the name of "Howard, Carman," was on the cart that Malem had.
WILLIAM BENGE . I am a licensed victualler, in Cannon-row, Woolwich—on 8th December, about 3 in the afternoon, Malem called at my house and had a pint of porter—he asked me if I would have a ton of coals at ten shillings—I said, I did not choose to have them, we had got coals in—he called again next morning about 10 or 11, and said, "You are very foolish, you don't get up soon enough in the morning; you might as well have them as other people"—he put the fingers of one hand that way, and said, "So many went yesterday"—I never answered anything, and he went away—I knew that coals were being carted to the Hospital then, because I saw a load go by every quarter of an hour or twenty minutes.
Cross-examined by MR. WOOD. Q. How long have you lived at Woolwich? A. Three years—I was at Erith before that—that is my native place—I do not know Burley—Malem has been a customer to me since I have been in Woolwich, nothing more—he has never sold me any coals—I know nothing of him, except as coming to the house—I know nothing bad of him.
MR. LILLEY to (THOMAS DINAM). Q. How long have you, known Burley? A. Eighteen months—he has borne a very superior character—he has been a hard-working, industrious man.
COURT (to JOHN WILLIAMS). Q. Would it be Davis's duty to see the sacks counted and shot out? A. Yes, and to tally with the delivery-ticket—occasionally there were a great many carts drawn in at once, and it would be impossible for him to check them all at once—he must then do his best.
The Prisoners all received good characters.
DAVIS— NOT GUILTY .
BURLEY— GUILTY .— Confined Eighteen Months.
SHIPTON and MALEM— GUILTY .— Confined Twelve Months each
201. ALBERT DAVIS, GEORGE SHIPTON, STEPHEN BURLEY , and WILLIAM MALEM , were again indicted for stealing a quantity of coals, the property of Her Majesty the Queen; upon which no evidence was offered.
NOT GUILTY .
MR. KEMP conducted the Prosecution, and MR. RIBTON the Defence.
HENRY LESTER (Policeman, R 274). On the morning of 21st December, at twenty minutes past 10, I stopped the prisoner in the Eltham-road, about a mile and a half from Mr. Grace's—I asked him what he had in his possession—he said he had got a Christmas dinner—I requested to know what his dinner was, and he said he had got a goose—I put my band in his jacket and found a goose with the feathers on, and quite warm—he said he gave four-shillings for it at 7 o'clock that morning of a man with a horse and cart at Eltham—I afterwards showed that goose to Mr. Grace—I found some footmarks on his premises, and took one of the prisoner's boots and made an impression with it, and it corresponded with the footmarks—they appeared to have been done within a very few hours.
Cross-examined. Q. Do you mean that seriously? A. Yes; they appeared to have been done within two or three or four hours—there were two square nails out of one of the boots—they were blucher boots, the ordinary style of boots worn by navies—it was rather a stiffiah damp sort of soil—it is a
meadow, but in some places it was very soft, where the horses had been trampling about—it was grass—it was a soft place where I compared the marks—I don't know the prisoner—he was working on the railway, I believe.
MR. KEMP. Q. You say there were two nails missing in the boots? A, Yes—the nails were also missing in the impression—the marks corresponded.
WILLIAM GRACE . I live at Avory-hill, Eltham—my mother has a small farm there—on 21st December we had some geese—about half-past 7, I was shown one by the last witness—that was one of ours—I can identify it by its feathers and wings—I saw the prisoner once before the 21st, I think it was the day before, in the main road—I did not see this goose the night before, but my brother did.
Cross-examined. Q. You have no marks on it, have you; it is just like another person's goose? A. There is no particular mark, only we had had it so long I knew it by its feathers—all geese are not the same colour—I have not seen another goose in the neighbourhood like this—it was an old one—I never heard of the other two—we lost three.
The prisoner received a good character.
— NOT GUILTY .
MR. WOOD conducted the Prosecution,
GEORGE ORREN . I am a draper and hosier, in Hare-street, Woolwich—on Saturday night, 24th December, I observed the prisoner about my premises in the early part of the evening—later I was down the street, and saw him go into my shop, cut a string which held up some stockings, and two pairs fell on the ground—he picked them up, and was about to conceal them under his coat; he observed some one watching him, and placed them behind the place he had cut them from—I distinctly saw him take the knife from his pocket and cut them—I walked to the door, and said he must consider himself my prisoner—the witness Waller was coming down the street at the time—a constable came up and took the prisoner to the station.
STEPHEN WALLER . I am a carpenter, and live at 20, William-street, Woolwich—on the night of 24th December, the last witness spoke to me—I saw the prisoner cut the stockings from the upright of the door—finding he was seen by me, he endeavoured to pass them back again—they fell on the floor; he picked them up, and endeavoured to conceal them under his coat.
CHARLES CARTWRIGHT (Policeman, R 101). I took the prisoner into custody—I found this knife (produced) open in his right-hand pocket—he said before that he had no knife about him—he tried to conceal it when I searched him—he had 1s. 10 1/2 d. in money on him.
Prisoner's Defence. I went into the shop on the 24th to buy a pair of stockings. I was looking at them in the shop when that man surprised me, and said he should take me. I said, "What for?" He said, "For stealing stockings," and he took me to the station-house.
GUILTY .—He was further charged with having been before convicted of felony at Woolwich, in August, 1862; to which he
PLEADED GUILTY. *— Confined Twelve Months.
MR. HORRY conducted the Prosecution.
JOHN BLOW . I am a draper, at 4, Trafalgar-terrace, East, Greenwich—on 3d January, about 4 in the afternoon, I had some cotton print packed inside my shop door—I went out, and saw a man named Jennings detaining the
prisoner—the print was brought in to me by a boy before I went out—the prisoner said she did not steal it—this is it (produced)—it is my property—I saw it safe just before, inside the lobby, hanging on to an iron bar.
JOHN WILLIAM JENNINGS . I am a fishmonger, and live at 1, Andrew-court, Old Woolwich-road—on Tuesday, 3d, I was selling fish in Trafalgar-road, Greenwich—as I passed Mr. Blow's shop I saw two females standing close to the shop window—the prisoner was one—I saw the other unpin a piece of print from Mr. Blow's door and give it to the prisoner, who at it under the right-hand side of her cloak—I went over the road and stopped the prisoner—the other woman got away—I said to the prisoner, "Give that up"—she said, "Oh, Sir; Oh, Sir!"—I said, "Take it in, and I will persuade Mr. Blow to forgive you"—she said, "No, you take it in"—I said, "No; you have it, and you shall take it in"—with that, she turned round suddenly, dropped the print, and ran away—I ran after her, caught her about thirty yards off, and detained her until Mr. Blow came up.
The prisoner's statement before the Magistrate: "I am not guilty. I did not know it was stolen. A girl, who was a perfect stranger to me, gave it me to mind. I do not know how she came by it"
Prisoner's Defence. I was going to Woolwich for some work, and asked a young woman to show me the way. I was passing this linendraper's shop, and she asked me to hold this. I took it out of her hand, and before I had time to turn round, this man came and held me, and told me to take it back. I said I would not, as the girl had given it to me to hold. I called out, "Stop thief" myself, when she ran away.
NOT GUILTY .
Mr. WOOD conducted the Prosecution, and MR. SLEIGH the Defence.
GEORGE FREDERICK LAINSON . I am a linendraper, at 15, Blackheathhill, greenwich—there is another Mr. Lainson living in High-street, Deptford—about the middle of the day on Friday, 2d December, I saw a roll of striped shirting outside my door; only one yard of that roll had been sold—I first missed it on Monday morning, the 5th—there were 105 yards in the piece; is worth 2l., 15s.—this is the part that has been found (produced)—it resembles that which I lost in every way—here is my own mark, here is the ticket and the selling price on it, in my own handwriting—the other pieces that have been found resemble mine; it is all one piece—I have previously seen the prisoner in my shop—her purchases have been very small—I have never known her to lay out more than 2d. or 3d. at a time.
Cross-examined. Q. Is Black heath-hill a crowded thoroughfare? A. No—mine is a small shop—I have, a pretty good stock—I daresay this bale of goods would weigh thirty or forty pounds—I had some more cotton like this in my shop, but it was cut up—I went to my dinner about the usual time on this day, between half-past 12 and 1—I saw the bundle outside the door before I went to dinner; I am sure it was there—I should have missed it in a minute if it had been gone—Mrs. Bonniface asked me at the Police-court to bring my shopman forward, and I did so—he is here now—she asked him some questions—I believe she said that she bad bought two lengths—he said that he did not sell it—he said that he had seen her in the
shop occasionally—he said he cut one yard of it for a female, but he could not say whether it was her or not—my shop boy has been with me three years and a half—when it is the rule, he has always given me the counterpart of the bill without fail, because I will not take the money without—all money passes through my hand, and I have the bill brought up to be stamped at my desk—he has always done that—he is an apprentice—I had a character with him—I first spoke to the policeman about this on the 5th, and I afterwards saw him at the Police-court—I dare say I have spoken to him since then—he goes by the name of "Flash Jack, "I believe, in the neighbourhood—I only know from hearsay how the prisoner gets her living—I have seen her walk up and down the hill with a basket—I have heard that it is eggs she sells—this shirting is the same colour and quality as mine—I have no doubt it is mine, and all part of one piece—there might be a thousand pieces made of the same kind, the same texture, and the same colour—I could not swear to two pieces of the same quality, with no mark on them.
MR. WOOD. Q. But if one of them had a private mark on, would you swear to that? A. Yes—I have never heard of anything being sold by my boy which he has not accounted to me for.
ROBERT TYRRELL REED . I am assistant to Mr. Sharp, a pawnbroker of the Broadway, Deptford—I produce two pieces of coloured shirting—I have put them together; they match exactly in colour, width, and quality—there are about 12 yards in each—they were pawned for 8s.—I value it at 6d. a yard—these two pieces were pledged, on 2d December, by the prisoner—I knew her before—the third piece was pledged on Saturday, 3d December, by a man named James Carter.
Cross-examined. Q. What time was this shirting pledged on 2d December? A. I think between 11 and 1—the policeman brought the prisoner into the shop some days afterwards—Mrs. Bonniface told roe that she sent Carter to pledge this piece on the Saturday evening—I think the policeman asked me what time Mrs. Bonniface had pledged the two pieces—I said it was about from 11 to 1 or 12 to 1—no conversation took place between the policeman and the shopman that I am aware of—the policeman asked the prisoner how she came by the property, and she said she bought the two pieces of Mr. Lainson—I don't remember what day she said; it might have been Friday, I don't know—I don't know which Mr. Lainson's she said she had bought it at, I think it was the one in High-street, Deptford; I would not swear—the assistant in our shop produced another piece at the policeman's request—my brother said at the time that he did not believe Mrs. Bonniface was the woman who pawned it—the policeman made no remark on that, that I recollect—there was no one else in the shop—I think the policeman told me there was another piece at Mr. Phillips's—I think that was in the prisoner's presence—Mrs. Bonniface has pledged things with us before many times, and taken them out again—I have known her a great number of years—I should always expect her to come back and fetch anything she pledged—I think she earns her living by going about to fairs; I only know that by hearsay—I did not hear the policeman say there was a lot more lost, and that Mrs. Bonniface was answerable for it.
MR. WOOD. Q. Will you swear that it was before 4 that the prisoner pledged these pieces with you? A. I think I can swear to that—I can swear it was before 3—our shop is about half a mile from the prosecutor's—the prisoner pawned things with us almost weekly.
produce 12 yards of coloured shirting, pledged at my shop on Monday morning, 5th December, by the prisoner, for 6s.
Cross-examined. Q. Has Mrs. Bonniface ever pawned anything with you before? A. She has been a customer of mine for the last eight year—she has generally come back again for the things she has pawned—I lent 6s. on his shirting—I should deal as fairly with her as with anybody else—I should not sell that shirting at less than 7d. a yard—Mrs. Bonniface pledged it with me at the rate of 6d. a yard.
COURT. Q. Did you fix the price, or did she told. A. She asked for 6s. and I gave it her.
Cross-examined. Q. Was the prisoner the woman? A. I can't say; I don't know.
JAMES MARGETSON (Policeman, R 122). I took the prisoner on 7th December, in the Greenwich-road—I asked her about a piece of print which she had sent a man called Jemmy, the fighting man, on the Broadway, to pledge at Mr. Sharp's on Saturday—she said, "Yes, I did; my husband was drunk in the Lord Duncan, in the New Cross-road"—I took her to the pawnbroker's—a piece of stuff was produced, and she said, "That is not the piece that I pledged; I know nothing about that," and she said to the pawnbroker, Mr. Reed, "Robert, I want the piece I pledged, I think it was for 8s."—the piece was produced, and I asked her where she got that from—she said she bought the two pieces at Mr. Lainson's, in High-street, Deptford—I went there and saw the foreman—I did not take the prisoner with me—I said to her, "How many yards did you buy?"—she said she could not say—I said, "Did you have any invoice, or did you have a bill"—she said, "No, I did not think it was necessary; I bought them at different times, to make up shirts for my husband"—I said, "There is one piece pledged at Mr. Davis's, King-street, Deptford, in the name of Bonny, I think nine yards in length; and there is one piece pledged at Messrs. Crossley and Phillips's; I think that is nine yards too"—she said, "I know nothing about them"—I then took her to the police-station and sent for Mr. Lainson—he went with me and identified a portion of the property pledged at Mr. Sharp's—she said it was on the Saturday night that she had sent the piece to be pledged, and, I think, on the Friday afternoon that she pledged the piece which bore the mark—she first said it was in the fore part of the day that she pledged the thirteen yards at Mr. Sharp's—I asked Mr. Reed, in her presence, what time it was, and he said it must have been between 4 and 5 in the afternoon, to the best of my belief.
Cross-examined. Q. Will you swear that positively? A. Yes—another constable was with me; he is on a bed of sickness—I have heard evil-disposed persons call me "Flash Jack "; perhaps thieves would do so—the book was examined at the pawnbroker's regarding the time the print was pledged—Mr. Reed said, first of all, "I believe it was the middle part of the day"—after that the book was searched, and the assistant said it was between 4 and 5—I did not suggest any time to him—Mr. Reed's brother said he did not think the prisoner was the woman who pledged it.
MR. WOOD. Q. Did you see the assistant look in the book? A. I did, and he turned to Mr. Reed and said it was between 4 and 5; it was the after part of the day that the goods were booked—the piece with the private mark on it was pledged at Mr. Reed's.
MR. SLEIGH. Q. How does Mrs. Bonniface get her living? A. She lives with a man, I don't know whether it is her husband or not, who is a horse cooper—she buys shop eggs, and then goes round Blackheath and sells them to the ladies for new laid eggs.
JAMES ROSEDEN . I am in the service of Mr. Lainson, the prosecutor—I may have seen the prisoner at my master's shop once or twice—I first missed this roll of shirting on Monday morning, 5th December—I last saw it safe on Friday at dinner-time—these pieces are the same in colour and quality as that was—I had only out off one yard from it—I sold that to a woman, I can't say what woman, two or three days before; about the Wednesday I think—the price was 6 3/4 d. a yard—if we cut off one or two yards we do not give a bill, but if three or four, or more, then we do—that rule is never departed from I have never myself departed from that rule.
Cross-examined. Q. I suppose you know most of your customers? A. Yes—I have said that I knew the prisoner by sight; I do know her by sight as a customer for small things—I said at the police-station I did not know her, for I could not take notice of every person who came into the shop, but I do know her by sight—Mr. Lainson put this piece of cotton outside the door on Friday, 2d December—I can't say positively whether it was me or him; he fits up the shop as well as me; we generally dress the door between us—I do more of it than Mr. Lainson—it is my duty to go outside the door at different times and look to see that the goods are safe—I did not miss the bale of cotton till the Monday—I did not take it in on the Friday—it would not go out on the Saturday; we don't put shirting's out on Saturday—I might have failed to give a bill for goods sold; I can't say I remember having done so—we do not give a bill for one yard sold—Mr. Lainson knew that this cotton had been cut.
MR. WOOD. Q. Did you see the prisoner in your shop on the Friday? A. I did not—I was there a good part of the day.
COURT to MR. LAINSON. Q. Do you know whether the other Mr. Lainson's private mark is the same as yours? A. I don't know; he is no relation; it is another firm.
GUILTY on the Second Count. †— Confined Twelve Months.
206. PETER COCKLIN (23) , PLEADED GUILTY to a burglary in the dwelling-house of William George Barnes, and stealing 7 coats, 24 towels, and other articles, his property; also, to a former conviction at Maidstone, in December, 1863.— Seven Years' Penal Servitude.
Before Mr. Recorder
207. EDWARD FULLER (49) , Stealing 1 truck, 10 tin cases, 36 squares of glass, and other articles, the property to the London and South Western Railway Company, his masters; and THOMAS SMITH (26) , Feloniously receiving the same. (See page 87.)
MESSRS. RIBTON and LEWIS conducted the Prosecution MR. METOALFE. defended Fuller, and MR. PEARCE defended Smith.
WILLIAM BEATTIE . I live at 6, Belmont-terrace, Wandsworth-road, and am one of the assistant engineers of the locomotive department of the South Western Railway—Fuller had charge of the stores in the locomotive carriage department—he had to see goods sent off to the stations properly, and it
was his duty to write out a requisition in the request-book for such articles as were required; he would then get those goods from the general stores department, and see them forwarded and directed—there is a counterfoil to the request-book which Fuller keeps—if I was not there he would write out a request on the counterfoil as well, but if I was there I should do it; he merely wrote it in my absence—I wrote both the entry, the request, and the counterfoil if I was there—I occasionally left a request signed in blank, if I had to go down the line; that would be filled up by the prisoner and checked by me on my return—I have seen an account of the stores which were found at Cudham; they were such a class of stores as were found in the locomotive department, and which would be delivered on requests.
Cross-examined by MR. METCALFE. Q. you say that the prisoner was foreman of the locomotive stores? A. Of the locomotive and carriage stores—that is different from the general stores—the letters from the different stations are addressed to me, as locomotive storekeeper, at my office, and I hand them to him to attend to—he is foreman of the warehouses under my charge—there is only one office of which I have general control, and I have control of a post—when a letter comes up from a station it is entered in the request-book, sometimes before and sometimes after it is delivered to Fuller—I give the orders to him to attend to, and he writes out the request accordingly, and the goods would be sent away—I used to write the request if I was in the office—it is not my duty to enter it in the request-book and make out the order; if I was very busy I should let him do it—speaking as a theory, it is my duty to give out the order and to fill in the counterfoil; but if I was busy or absent I let the prisoner or one of the clerks do it, but not sometimes no one at all—stores were never delivered without a request—it is then carried to the warehouse and delivered to the warehouse-keeper, Mr. Stratton, or to his warehouseman, and would, I presume, be filed in the office; they keep it at all events—I was to give the order for all the goods, and nothing was to go out without an order; but I sometimes signed three or four orders and left them in charge of Fuller, or one of the clerks, they could not fill them up for any amount of goods they thought proper, because when I came home I always checked them—it could not have been done without my discerning it in the course of the day—they could write anything, of course, but I checked everything when I came home—I looked at the number of my request-notes and counterfoils every evening and morning—I had a perfect control over the whole—I have cheque the request-notes all along, both before and after the prisoner's apprehension; I always do so—the general goods department make us a charge note every day with the goods they have delivered, and that corresponds with the counterfoil—I compare it with the counterfoil from day to day, and have been in the habit of doing so for the last ten or eleven years—the sheet tallies exactly with the request-note—so far as I know personally, no stores have been obtained on my request-notes; they are apparently all straightforward—I cannot say that I have always compared the request-notes with the letters that I have entered in the request-book—I believe I have done it since this has been going on: yes, I have done so, and, as far as I know, everything is right—as far as I know, all the goods sent out are vouched by my books, and the request-notes are vouched by the letters of advice—there are sales of old stores every half year—that has been going on many years—the old stores are advertised in the papers—parties tender to purchase them—the directors accept what tenders they think fit, and the things are then sold—that includes all sorts of old stores—my uncle, Mr. Joseph Beattie, who is the head of our department, directs what shall be sold—that
is part of his duties—there is a person named Marks who has bought the stores for seven or eight years past—the Directors conclude the contract, and Mr. Stratton, the general storekeeper of the line, receives the money.
MR. RIBTON. Q. Do the letters from the various stations come to you in the first instance! A. They are always addressed to me, if I am not there my clerk would open them—the sales are by public tender—old iron, copper, and brass is sold at them, but not oil, or turpentine, or white-lead, paint, or oil-cans—I have no doubt that Fuller has opened letters coming from the stations, but in the regular course they would be opened by my clerk and handed to Fuller—Fuller would have the opportunity of entering whatever he pleased—the charge-sheet would correspond with the request-book, if it did not, I should enquire into it—the order and the request-note and the book would correspond—I always compared the charge-sheet and the request-note with the counterfoil—I think I am justified in saying that I have always compared the charge-sheet with the letters—I have examined all the letters since, and compared them with the counterfoils—I have no recollection of missing a case—Fuller was apprehended on September 8th, and after that I commenced examining them, and went back to the commencement of the year—I beg pardon, I thought you asked me if I had compared the requisitions with the counterfoils, what I compared was the requisitions out of the request-book with the counterfoils—I did not compare the letters, but they are all filed—I cannot Bay whether the letters correspond with the entries in the request-book—these letters are all filed, or ought to be.
MR. METCALFE. Q. Has anybody in the Company's service compared the letters from country stations with the counterfoils or the request-notes? A. Not that I am aware of.
THOMAS HARVEY WHITE . I produce an agreement dated 23d January, 1864, between myself and a person named Fiddler for the hire of a farm—Fiddler is Fuller—the farm belongs to Earl Stanhope, and I am his agent—it is at Cudham in Kent.
Cross-examined by MR. PEAROE. Q. Do you know Smith? A. No—I live at Cheering near Sevenoaks—the farm is eighteen or nineteen miles from London—there is no station of the South-western railway near there—I do not know when Smith went into the service of this farm—I go there frequently—I do not know who lived in the cottage, I know Fuller did not—I never saw Smith there—I have not seen any one I know employed there, they were strangers to me.
Cross-examined by MR. METCALFE. Q. Have you ever seen Fuller there? A. No—all I know is, that he made the arrangement with me for himself, and signed the agreement, but he did not take the farm intending to reside on it.
THOMAS LEWIS . I reside at Cudham—I know Fuller by the name of Fiddler—I have seen him about once a week at the farm spoken of, generally on Saturday—I have seen cans, leather, timber, brooms, and canvas, and various goods taken there by Fiddler's van for the four or five months before he was apprehended—I have seen Smith, he was the foreman or manager—he told me what his wages were, I think he said 18s. a week.
Cross-examined by MR. METCALFE. Q. How often have you seen goods taken there? A. I cannot say, but frequently—I have seen cans taken there, and I should not think they were farming goods—they were taken in Fiddler's van, which was kept on the farm.
Cross-examined by MR. PEARCE. Q. How long have you lived at Cudham? A. Fifteen years next May—I have known Smith the whole of that time—
he is a labouring man there—he did not go into Fuller's employment when Fuller first took the farm—he took it in January, and Smith was at work for him in February, and became foreman in March, and lived in the cottage—it is a farm of twenty-five or twenty-six acres, and a portion of it is let off—he did not tell me he was foreman at 18s. a week to look after the farm, and to look after the new tenants for Fiddler—there were no new tenants—Fiddler had nothing to do with the portion that was let off—a man named Hull looked after the place first, but after he left there was nobody but Smith.
MR. RIBTON. Q. Did Bent, after he had been down there, take to your house a variety of goods? A. Yes, similar to those which I had seen delivered at Cudham.
THOMAS BENT . I am superintendent of the police of the South Western Rail way Company—I know Fuller as a labourer employed by the Company—on 2d September I went with Inspector Bushnall to a farm at Cudham, and found Smith living in the house with his wife and family—other labourers were on the farm—Fuller was then in custody—I searched the farm, and found two ten-gallon cans containing linseed oil, other cans containing turpentine and linseed oil, a five-gallon can of black japan, a fourteen-pound can of red paint, also, a cask of white lead, twenty-two and a half sheets of tin, a metal gong, and a large quantity of other property, as much as three of our very large horses could draw—I put it down as weighing two tons, or two and a half—I cannot give the value of the whole—I found a cart on the farm, and said, "Who made that cart, Smith?"—he said, "I did, I made every bit of it myself."—I said, "Are you sure?"—he said, "Yes, I am quite sure"—I said, "Smith, I do not want to deceive you, we have lost a two-wheel truck," and gave him as good a description of it as I could—he said, "Well, I made that cart all myself"—it was a rough-made cart, but the bottom of it, I have no doubt, was the bottom of our truck which we lost, though I had no one with me to identify it—I examined the cans, and saw the remains of a brass plate which had been taken off, which bore a number containing the name of the stations, and "L. & S.W.R."—on other cans there was "L. & S.W.R." only, and there are the remains of those tablets—I hired a cart, and took the property away the same night—I went to the farm on the Tuesday following—after asking Smith's wife whether there was anything in the house, I went into the shed where the carts had stood the previous day, turned over a lot of things, and found another ten-gallon can empty, and three ten-gallon tubs, which oil had been in, and which had been there the previous day, had been broken up.
Cross-examined by MR. METCALRE. Q. When was Fuller taken in custody? A. On 1st September—he went out on bail on the 2d, therefore, be could get to the farm before I got there—he was taken again near his own house—he was taken again on the Wednesday or Thursday, before his bail was up, on a new charge—I did not keep anybody in possession—I took the greater part of the goods to a little beer-shop, kept by the father of Lewis, and told him to keep watch on them, but it same on to rain very hard—I took away all but one can, which I found afterwards.
Cross-examined by MR. PEARCE. Q. Did Smith tell you he was servant to Fuller? A. Yes, I asked him for the key of the cellar, and he gave it to me, or to Bushnall, we were all together—I first saw the cart under a shed built of faggots—I did not go to St. Mary Cray—when smith said that he had made the cart, I said, "We have lost a truck from Nine Elms-station"—he did not say, "A man named Hull, who used to be servant to Fuller, brought a truck
here"—he did not tell me that the cart was made out of the truck which was brought to the farm by Hull.
MR. RIBTON. Q. Was Bushnell there at certain times when you were there with him? A. Yes—I did not see the name on the cart.
WILLIAM BUSHNELL . I accompanied Bent to Cudham, and found the property of which a list was taken—it was removed in a cart to Lewis's house, and left there for a week—I saw Smith on the premises, and asked him who made the cart, and whose it was—he said that it was his own, he made it himself for his own use—I saw his name on it on the first occasion—I made inquiries, and on the 8th found the cart at Crocker's-hill, ten miles from Cudham, with the name painted out—it was locked up in a timber-yard—I had a further conversation with Smith about it—he said that he had remade it—it was a truck brought there by Hull, who had knocked it all to pieces, and he had made it up into a cart—he took me to Crocker's-hill himself—he said that he had painted the name out for fear he should get into trouble—I told him I should take him in custody for having in his possession a truck which had been stolen from the London and South Western Railway, Nine Elms—I brought the cart up to the Victoria-station, and from there to the police-station, Clapham—I went to Freeman's, in the Borough-road, and found there an axle and boxes.
Cross-examined by MR. PEARCE. Q. If I understand you right the first time you were down there was on 2d September? A. Yes—Fiddler's boy unlocked the room, and took the key from Smith—we found Fiddler's son there—I had not been down there between the 2d and the 8th—this was a small spring truck—it was Smith himself who took us to the place where the cart was, eight miles off—I have ascertained that Hull was formerly in Fuller's employ, as far as I can learn.
COURT. Q. How came Smith to take you there? A. He was in custody—I apprehended him on the charge of having in his possession part of the stolen truck, and he took me to the place voluntarily—I did not tell him that I knew where it had gone to.
RICHARD STOCKDALK . I am foreman of the coach makers employed in the works of the London and South Western Railway, at Nine Elms—I have seen the cart referred to by the last two witnesses, and identify the wheels and the lower part of the body, and part of the tail board as my make—I did not know that there was a truck missing from the stores, until the apprehension of Fiddler—Fiddler had a truck under his care—I identified it at the police-court, the axle and boxes which had belonged to the truck, when it existed as a truck—I have the moulds which they were cast from—I also speak to two pairs of springs which were taken off a small phaeton some months ago—there were also some iron knees of exactly the same description as these.
Cross-examined by MR. METCALFE. Q. Were the iron knees like those which were in the Company's possession? A. Yes—the phaeton was one used by Mr. Godson, the superintendent of the good's department—he was allowed that in the Company's service—the springs were too light for their work, and we took them off, and put others on six or eight months ago—they were placed among other springs, which were put aside, in case they were wanted any more, under a shed in the Company's premises—these things, when they become old, are sold if Mr. Beattie chooses to condemn them—I cannot say when I had seen the truck last—it was made in September or October, 1863, of new materials entirely—I do not know what has been done with it during that time—if the accounts were properly
kept, we could tell where a truck was if it ran on the line, but not if it ran on the road—this was used to run on the road to take goods—there were no shafts for a horse, it was used by hand—one person could take it empty—it was not like an ordinary truck on the line—it was about seven feet long, and two feet wide—it was kept in the charge of the stores department—I bad seen it since it was made, but I took no note of it—if it had been brought in for repairs I should—two or three of these trucks are in use, but this was only one made for Mr. Beattie's stores.
MR. RIBTON. Q. Was the truck made for Fuller? A. It was made for his use.
WILLIAM FREEMAN . I am a wheelwright in the Borough—Fuller came to my place one evening, and I sold him two axletrees and a pair of wheels—one axletree he took away the same night—he paid me 5l. 10s.—on the following morning I received from him an axle and two boxes—those are the same to which the last witness spoke—I took them off, and put on a pair of wheels and an axletree—the wheels I took off are now in the possession of the police—I took the wheels and axle off a cart with a horse in it—it was in June or July last—I took the axle and wheels from the cart, and put an axle and pair of wheels on—on the following morning he came to take the wheels and axle away, and asked me if I could put them on the cart, and said, "If you do, I want you to sell those that are on"—that was the axle and pair of wheels that was on the cart originally—I gave them up to the police, and gave all the information I could—I gave up the axle and boxes left with me by Fuller, which had been on the cart—that cart has been altered since I put the wheels on—it is the same cart—I have seen it, and am able to say.
COURT. Q. What name had the cart on it when it was with you, or had it any name? A. I did not notice.
EDWARD BOND . I am a carpenter in the service of the South Western Rail way Company—I know Fuller—I recollect a truck having been made for Fuller more than twelve months ago—it is my duty to brand all the trucks for the Company's use—I was about to brand this truck about 5th October, twelvemonth, to put the Company's initials on it—I was branding some work to go to a station down the line, and Fuller passed me—I went down to him and said, "Shall I brand this truck!"—he said, "No, you have nothing to do with this truck, it is making for the me of the stores, you mind your own business"—I did not brand it—I have seen the cart that is here—to the best of my belief it has some of the materials of that truck about it—the tail board is hung by a pair of back flaps that was made to keep it from falling—I don't know anything about the axle or boxes or wheel!—I did not make the truck.
WILLIAM NEWMAN . I am a labourer in the carriage department of the South Western Railway Company—I know of the existence of a truck in Fuller's department—I was in the habit of using it—I missed it one day about five or six months before I gave my evidence at Wandsworth—I asked Fuller where it was gone to—he said, "It went to Waterloo, and got broke, and the less you say about it the better."
GEORGE VALENTINE . I am in the service of the South Western Railway Company as a brass-founder—this gong (produced) is one that I cast in the foundry of the South Western Railway Company—it is not damaged in any way—I can speak positively to it—it was cast about the latter end of 1863, or the beginning of 1864.
Cross-examined by MR. METCALFE. Q. What was it fort? A. For a
signal indicator, for the men to know that there is a forthcoming train—after I cast it it went to the fitter's shop to be bored—I saw nothing more of it till I saw it at the police-court—it would go from the fitter's to the stores—I never knew of anything sent to the fitter's that had not been stored—the fitter's is the adjoining shop to mine, it did not go off the premises.
MR. RIBTON. Q. What is the value of it? A. This would weigh about 7lbs.—the present price is 14d. a pound.
COURT. Q. Is that as old metal? A. No, it would not be worth that as old metal.
RUSSELL MORTIMER . I am an ironmonger—I manufacture oil cans for the South-Western Railway Company, it is a peculiar pattern oil can, I only made it to their own pattern, it was made expressly for them—I have seen some ten-gallon cans in the possession of the police; they are our manufacture—the plates have been taken off, there is a mark on the can showing where the plate has been removed—it exactly corresponds with the labels we put on—I have compared them and they exactly match.
WILLIAM HENRY STRATTON . I am superintendent of the stores at Nine Elms—I have seen a cart load of things that were found at Cud ham—I am able to say that a great portion of those things are the property of the Company—I can identify a great many of them—the oil cans struck me more particularly than anything else—they were made in, that way under my orders.
Cross-examined by MR. METCALFE. Q. Is it to you that the request notes are brought? A. They are brought to me from Mr. Beattie—without those notes nothing would go out of the stores, only upon very extreme occasions, upon which I should use my own discretion—it is the ordinary rule of business that nothing does go out, without my own particular order—it is a very rare thing, once or twice in a year perhaps such a thing might happen, and then it would be subject to my discretion—I keep all the request notes filed in the office—I have not taken the trouble to compare those request-notes filed in my office with those filed in the other offices—it does not rest with my department to do that.
SMITH— NOT GUILTY .
FULLER GUILTY .— Five Tears' Penal Servitude.
There teas another indictment against Fuller. The value of the property discovered in his possession was stated to be 150l.
Before Mr. Common Serjeant.
MESSRS. POLAND and MR. J. O'CONNELL conducted the prosecution.
JAMES BRANNAN . On 10th December I was in Charlotte-street, Black-friar's-road, formerly called the New Cut, about five in the afternoon, with Inspector Fife, Brannan, and Young, and three sergeants—I saw the prisoner go towards the corner of the street, and directed Fife to seize him—I said to the prisoner, 'I have received instructions from the solicitor to the Mint to look after you as a dealer in counterfeit coin, have you any about you?" he said, "No"—Fife took a paper packet from his hand, which was in his right-hand breeches pocket and handed it to me—I opened it in the prisoner's presence, and said, "These are bad"—he said, "All right, Sir"—there were four packets, containing ten sixpences each, and twenty shillings separately wrapped in paper as they now appear (produced).
JOHN FIFE (Police-Inspector G). I was with Brannan on Saturday afternoon 10th December—he pointed out the prisoner to me and I seized him—he placed his right hand in his coat pocket—I seized the hand, pulled it at, and took from the hand a paper packet, and gave it to Brannan—it contained counterfeit coin—I heard Brannan ask him if he had any counterfeit coin in his possession, and he said very plainly, "No."
Prisoner's Defence. I saw a paper lying on the pavement in the Black-friar's-road. I picked it up and put it in my pocket. I got a few steps further when Mr. Fife caught hold of me and said, "What is that you have in your pocket." I never saw the inside of the packet till I was at the station.
† GUILTY — Confined Eighteen Months.
Seven Yean' Penal Servitude.
MESSRS. POLAND and M. J. O'CONNELL conducted the Prosecution
WILLIAM PINSON . I am a tobacconist, of 4, Bridge's-foot, Vauxhall—on 27th December, about half-past three o'clock the prisoner came, and I served him with half an ounce of tobacco—he gave me a bad shilling—I have a patent detector, and pass all silver and gold through it; if it is the proper weight it passes through—I found it did not pass through—I put it to my mouth and bit a piece out of it—the prisoner pretended to be drunk, and rolled about the shop—I asked him How many more he had of this description—he said that he had plenty of b----y money, put his hand in his pocket and pulled out two or three shillings, and paid me with a good one—I gave him 10 1/2 d. change—I said that I should require some little information from him, and if not, I should send for a policeman and give him in charge—he said that he would go and fetch a policeman himself, but I went round the counter, detained him, and gave him in charge with the shil-ling—he appeared to be sober at the station.
SPENCER PAGE (Policeman). Mr. Pinson gave the prisoner into my custody with this bad shilling—I gave it to the inspector at the station—I there found another shilling in the prisoner's right-hand trousers pocket, which I also gave to the inspector—I searched him again and found another shilling between the lining and the stuff of his right jacket pocket—I gave that also to the inspector—I found 1s. 10 1/2 d. in good money on him—he was not so drunk as he pretended to be—he gave his correct name and address.
Prisoner. Q. Did not I say where I was at work? A. Yes; your statement was quite true.
WILLIAM BUNHELL (Police-inspector, V). I was on duty when the prisoner was brought to the station—he appeared to have been drinking, but he knew what he was doing—he gave his name and address very clearly and distinctly—I saw Page find some coins on him, which he gave to me, and I gave them back to him again—this (produced) is one of them.
Prisoner's Defence. work for Mr. Lewis, and on Christmas-eve we got
our money, and had a drop of drink; we had two days holiday; I told the policeman where I lodged; I took 10s. and changed it for this money.
JURY to SPENCER PAGE Q. Do you know whether he took 10s. for his wages the week before? A. He told me he took 22s.
NOT GUILTY .
MESSRS. POLAND and M. J. O'CONNELL conducted the Prosecution.
ELLEN POLDEN . My brother keeps the Standard beer shop, 84, Prior-street, Southwark, and I occasionally assist him—on 26th December, I served the prisoner with a pot of beer; it came to 4d.—he gave me a half-crown—I gave him 2s. 2d. change, and put it in the till—there was no other there—he afterwards asked me for a pot of ale, and gave me a shilling—I gave him sixpence change—he then asked for a Pickwick, which came to a penny, and gave me a half-crown—I gave him 2s. 5d. change, and put the half-crown in the till with the other—nobody had been to the till in the meantime—he sat down—my brother then went to the till, took out the half-crowns, and showed them to me—a man named Shelly, who was assisting gave me another half-crown, which I gave to my brother—a policeman had been sent for then.
WILLIAM POLDEN . I am landlord of the Standard—on 26th December, I went to my till and found two half-crowns there—I showed them to my sister, and found they were both bad—I said to the prisoner, "Do you remember passing these two half-crowns on my sister?—he said, "No;" but after a short lapse he said, "Yes, and if you are fool enough to give good money for bad you must put up with the consequences"—I sent for a constable, and gave the prisoner in custody—my sister then gave me another half-crown, and I gave all three to the policeman, but one of them has been lost.
WILLIAM SHELLY . I live at 15, Union-street, Blaokfriars-road—I was assisting Mr. Polden, and served the prisoner with several quarts of beer during the day—he paid me a half-crown for one quart—I put it in my right-hand waistcoat pocket, where I had a sixpence and a shilling, but no half-crown—I gave him 2s. 2d. change, and gave the half-crown to Miss Polden—I am quite sure it was the same; it was bad, but I was not aware of it at the time.
DANIEL KEELEY (Policeman, L 97). Mr. Polden gave the prisoner into my custody, with two half-crowns; if he gave me three the other is lost—I searched the prisoner, and found two bad half-crowns in the left breast pocket of his coat, wrapped in a piece of paper, also 8d. in copper, and 1s. 6d. in silver, good money—there were other men in the public-house.
Prisoner's Defence. I changed a sovereign on Christmas-day, and put five half-crowns in my pocket to reserve it for boxing day; I was all day at the Standard, but cannot recollect a thing after an hour and a half or two hours after I went there; I do not know whether I was drugged or not; I did not know this money was bad, or after passing the two I should have gone away, and not remained there.
GUILTY .— Confined Twelve Months.
MR. WARD conducted the Prosecution.
the evening, I was in Tooley-street, and was knocked down at the corner of Magdalen-street, by a man, who I believe to be the prisoner—I fell on my head, and became insensible—when I recovered my senses I found myself in the house of Mr. Egan, a friend of mine, and found both my pockets torn out—I missed 2l. 10s.—I could not swear to the prisoner, but to the best of my belief he is the man—I was alone, and was half drunk—I did not see anybody knock me down.
MARY TOOMEY . I am a widow, of 6, Stoney-lane, Tooley-street—I was Binding at the corner of Stoney-lane, and the prosecutor was coming along rather intoxicated—the prisoner came alongside of him—I have known him many years—he placed him up against the wall of Mr. Powell's, the undertakers—he then called out to two others, "I have got him to rights"—the two men came up, and the prisoner struck him on the mouth, and knocked him down, put his hand over his mouth, and one of the others kicked him—I called them three unmerciful villains, and went up to them—the prisoner used very bad language to me—the prosecutor was then lying on the ground insensible—I stood by him and screamed; others came to his assistance, and he was taken by my means to the house of Eliza Egan—the men stooped over him, and one of them said, "We have got it," and ran into a little alley—it was after they struck him that they picked him up and put him against the wall.
COURT. Q. What made you begin at the other end of it? A. Excuse me, that was before they commenced the robbery, and when I called them three vagabonds they picked him up a second time, and sat him against the wall, and then ran away—I have known the prisoner for years, I knew him when he was shoe blacking—I gave information to the police, and described the men—the prosecutor fell twice, and was picked up twice.
WILLIAM ASKED (Policeman, M 129). From information I received I took the prisoner on 27th December—I told him I should take him for a garrote robbery—he said that he knew nothing about it—I called him Shamus; which is his nick name.
Prisoner's Defence. On Saturday night I was in doors from 7 o'clock to half-past 10, when I went out and walked on London-bridge; I was told there was a policeman after me, and I went to work; on the 27th this policeman and another came to me; I asked what it was for; he said, "I want you for garotting;" I said, "I know nothing at all about it"
GUILTY .**—He had been nine times in the House of Correction at Wandsworth. Five Years' Penal Servitude.
STREETON PLEADED GUILTY to this, and also to another indictment after a former conviction.— Eight Years' Penal Servitude ,
EDWARD TERRY . I am a tailor, at 54, Lambeth-walk—I have a quantity of cloth in my shop—on Friday, 9th December, at 12 o'clock, I looked up my premises—next morning I was called down at 7 o'clock, and found some cloth and coats were gone—these are the things (produced)—there are one or two pieces here that I can swear to—the whole of the property taken was worth from 40l. to 50l.—I missed six coats—these are two of them—these are old coats; one is my son's, and one my own, which I worked in—they were safe at 12 o'clock—I fancy J. heard a noise in the night—I have never
seen either of the prisoners before—my dwelling-house is attached to the shop; I reside there.
ISAAC SHEPHERD (Police sergeant, L 2). From information I received, I went on 10th December, about half-past 7 in the morning, to the prosecutor's house—the house and shop were in great disorder, and I saw that a robbery had been committed, and that an entrance had been made from the back kitchen door—I also found footmarks in the garden, which led over a wall into the yard of No. 16, Berkley street, which faces the back of Mr. Terry's—that is the house of Mrs. House, where the prisoners lodged—in the course of the day I got into a room in that house by a window, and found this property, two coats, a screwdriver, and several keys—Mr. Terry was with me and identified them—I also found several pieces of cloth and some boards that cloth had been rolled on—one of the keys is a skeleton key—the door of the room was locked.—I got in by lifting the back window—the back of that house faces the back of Mr. Terry's.
CAROLINE HOUSE . I live at 16, Berkley-street, Lambeth-walk—about the latter end of November or the beginning of December, Streeton took a room there—it was nine days before the robbery was committed—another man came in the evening, who he said was a companion who worked with him; I can't swear positively to him, but I think it was Harrison—both of them continued to occupy the room—I believe they slept there; I can't swear—they had a latch key—on the morning of 10th December I heard them bringing something down—I heard a cab come to the door; one of them said, "All right, Charley," and it drove away—I saw no more of them till they were in custody—I don't know Gordon—a third man came on Saturday and asked for them, but not one of these.
Harrison. Q. Do you know me as being in your house? A. I believe you to be the man—the room was taken in the name of Fisher—the man who came in the evening had a white handkerchief on, and a cap down over his eye.
JURY. Q. You believe Harrison to be the man? A. Yes; only I can't swear to him—I saw him on the Saturday morning, but I did not look at his face—I was confined to my room.
ISAAC SHEPHERD (re-examined). I have seen Harrison, Streeton, and Gordon together in Berkley-street, in the street—I saw them the week previous to the robbery two or three times, but not together—I saw Gordon one day standing in Berkley-street, and spoke to him.
JAMES HORSEFORD . I am a cabman, and live at 11, Hertford-cottages, Hertford-road, Eingsland—on Saturday morning, 10th December, about 20 minutes before 10, I was going down the Goswell-road, when I was hailed by Streeton—he got on the box with me, and told me to drive to Sydneygrove, Sydney-street, which runs out of Goswell-road—he had no parcels with him then—I stopped at a house, Streeton went in, and then he and Gordon brought out a bale of something—I could not see what was in it—it was put outside on the top of the cab, and then another parcel was brought out and put inside the cab—both of them got in and told me to drive to Carnaby-street, Regent-street—I stopped there a few minutes in the street; I one got out, I believe it was Streeton, came back, and ordered me to the I Great Northern Railway—when we got to Poland-street I saw Harrison—I he held up his hand and stopped me; I pulled up—he said, "Stop where I you are; I can shut the door; drive back at once to Golden-square"—he I got in and I drove the three to Golden-square—they ordered me to pull up I at the Prince of Prussia, which I did—I got off the box, Harrison walked
away, and the other two went inside—Gordon said, "I will take care of the cab; go in and have a drop to drink;" and I went in and bad some run and water—Harrison presently came back with a man named Goldstine (See next case)—three of them got inside the cab; Gordon got outside with me and told me to drive to the Great Northern Railway—when I got there, Gordon told me to go on, he would tell me when to stop—he told me to stop at the Duke of Clarence) which is on the right-hand side of the Old St. Pancras-road, near the Great Northern Railway—Harrison, Streeton, and Goldstine there got out, and Gordon got inside the cab, and remained there—he said to me, "Go in and have something to drink"—my aim was to see what was going on as much as to have something to drink—I saw the three talking together—I did not hear what they said; they went to a corner—I went out again to my cab—Gordon was in the cab the whole time—I don't believe he went into the public-house; not until Streeton came out and told him it was all right—when I went back to my cab I saw the cloth was open inside the cab—I said to Gordon, "You have got some nice cloth there"—he said, "Yes; here's a piece that will square you," giving me a piece of black cloth—the other men were not present then—they came out and took the bag off, and took it into the public-house—they then came out Again and paid me, and Gordon wanted me to meet them at 8 in the evening at the bottom of Pentonville-hill—(Harrison and Streeton were present at that time; Goldstine was in the public-house), and said if I could meet them on Tuesday morning, they had another job, at 7 o'clock, for me—I then went to Inspector Potter, and gave information—Gordon and Streeton took the cloth into the public-house.
JURY. Q. Did you receive money as your fare? A. Yes; the cloth was to square it.
COURT. Q. Did you see them again? A. The same afternoon I went down with the police to Golden-square, to the Prince of Prussia, and pointed out Harrison, Gordon, and Streeton—one was outside the door, and the other two inside—they were taken into custody then.
ELIZABETH CAROLINE SOMERS . I am the daughter of Mrs. Somers, who keeps the Duke of Clarence public-house, St. Pancras-road—on Saturday morning, 10th December, a cab drove up, and three men came into the bar—I recognise Harrison—(Goldstine was placed at the bar)—that was one of them—I don't recollect Streeton; there was a third man—the cabman came in, had something to drink, and went out directly—Harrison asked me if I could take in a large bundle, and I refused—he then asked me if I would mind it while they fetched a cab to go to the railway—I refused, because they had a cab outside—I afterwards told them they might leave it in a corner if one of them would mind it, as our man was busy at work—a parcel in a wrapper was then brought in and put in a corner, and Goldstine remained with it—I saw two pieces of cloth—I had occasion to go out of the bar, and when I came back Goldstine was not there—my mother came down and asked me who the bundle belonged to—I said to a gentleman at the bar—Goldstine then came in, and I saw rather a light piece of cloth—I asked him if it was a lady's knickerbockers dress—he said no, it was gentleman's cloth—I then saw him take one or two pieces of cloth out with him—my mother was at the window; she called me, and I saw him go into No. 38 St. Pancras-road, which is close by our house—there is a shop there; the shutters were up—the shop was not occupied—I believe there were some people living in the house—Goldstine afterwards came back, took the remainder of the cloth, and I saw him go into the house again—the police-officers called shortly afterwards.
GEORGE RANGER (Policeman, G 199). On Saturday, 10th December, I went to the Duke of Clarence, and from what I learnt there I went to 38, St. Pancras-road, close by—I knocked at the door; a little girl opened it—I asked her whether there had been any men there—she said she did not know—I went in, and as I was going down stairs to the kitchen I heard a noise of some one coming down stairs—I came up again and saw Goldstine coming down—I asked him whether he had received a quantity of cloth of three men that morning—he said, "No"—I told him I was a police-officer—I went up stairs and found some cloth in the first-floor front room—that was afterwards shown to the prosecutor—I afterwards went to the Prince of Prussia, Golden-square, with Inspector Potter and the cabman—I saw Harrison outside—I shoved him in, and there saw Streeton and Gordon—I told Harrison, in their presence, that I should charge him with being concerned, with another man in custody, in stealing a large quantity of cloth—I had taken Goldstine then—Harrison said, "I know nothing about it"—we then took all three into custody—I saw the prosecutor identify the whole of the cloth found at No. 38.
THOMAS AMBROSE POTTER (Police-inspector, G.) On Saturday, 10th December, I went with Ranger to the Duke of Clarence, and afterwards to Golden-square—Goldstine and the property were then at the station—I said to the prisoners, "You are all three charged with being concerned, with another man now in custody at Clerkenwell Police-station, with having in your possession a large quantity of cloth, supposed to be stolen"—at that time there was about 300l. worth—Harrison said, "I know nothing of it"—on our road to the Vine-street station, Gordon said, "We brought it from the Goswell-road"—Sydney-street runs from Goswell-road—I lodged them at the station, and went with the cabman to the house in Sydney-grove—I there found a coat, which has been identified by the prosecutor.
Gordon. I told Potter that Streeton told me the cloth came from Gos-well-road.
Witness. Streeton said something afterwards, but not in the presence of the others, as to where the cloth came from.
Harrison's Defence. The only evidence against me is my getting into the cab containing the stolen property. I will explain how I came to be there. I was walking down Carnaby-street, and was stopped by a man named Fisher. He called a cab, and drove me to the Prince of Prussia. On being asked inside I went with him to Lower John-street, where Goldstine was. I then went with them to the other public-house, and I was asked by them to ask if a parcel might be left there, and I did, not knowing the property was stolen. I wish my employer to speak as to my character. I believe he is in Court. The woman living in Berkeley-street positively said at the Police-court that she did not know the other man who came, and now she says that she believes it was me.
Gordon's Defence. I am a barman. I left home about four months ago, and had plenty of money, which I had saved. I have never been in such a place before, and when I get out I will never come again. I can assure you I am innocent. I was walking in Carnaby-street, and met Streeton, and he said, "Will you have a ride?"He called a cab, and going along, I said to him, "What have you here?" He said, "Cloth." I said, "Where did you get it from?" He said, "From the Goswell-road." When we got to Poland-street we met Harrison, and he said, "You are to drive to Goldensquare." They then said, "You had better ride outside," and I did. After we got to the Duke of Clarence, they took the cloth inside, and treated the cabman. I then said, "I am going home to dinner." Streeton said, "We
are going all the same way, we are going to the Prince of Prussia, Goldensquare, because I have a friend to meet." We went there, and waited, and Inspector Potter came and charged all of us with the robbery, which I am innocent of. It was committed by Streeton and another man named G. Fisher, as I have heard since I have been in the House of Detention. I never saw the cabman till I saw him in Carnaby-street, neither did I give him any cloth, on my oath. The cloth was taken to Goldstine's place at King's-cross.
HARRISON called a witness who gave him a good character, but John Gordon (Policeman, C 33) produced a certificate, dated 27th October, 1862, of the con viction of William Burn, on his own confession, of burglary in a dwelling-house, and stealing therein, and stated that Harrison was the person referred to in it, and that he was a companion of the most notorious thieves.
GUILTY .— Seven Years' Penal Servitude.
GORDON received a good character.— Confined Twelve Months.
Before Mr. Recorder.
MR. HARRY PALMER conducted the Prosecution, and MR. SLEIGH the Defence.
GEORGE RANGER (Policeman, G 199). From information I received I went on 10th December about half-past 10 to the Duke of Clarence public-house, and then to 38, St. Pancras-road—I knocked at the door, which was opened by a little girl—as I was going down stairs I heard some one coming down from up stairs—I came back, and saw the prisoner—I asked him whether he had received a quantity of property that morning from three men—he said, "No"—I told him that I was a police-officer, and I should go up stairs and search his room—he said, "My God! you will be the ruin of my family"—I went up stairs with him, and when we got to the first-floor front room he gave me the key to unlock the door—I asked him whether he lived there, be said, no, he hired a room there—I found about 200l. worth of cloth, I should think, in the room, in pieces, and some coats—this cloth which is now produced is some of it, also this coat, and another coat—I believe one coat has been worn, Mr. Terry has the other on—I found two new coats, and two which had been in wear—I told him I should take him in custody for having a quantity of cloth in his possession—the cloth was put into a cab, and I called a cab for the prisoner—he said to me in the cab, "I am going to buy this cloth of three men, I am to give 30l. for it, and I have paid a half-sovereign off of it"—there is a shop to this house, shut up—there are other people living in the house, downstairs—I did not see the name of Goldstine outside—there was no furniture whatever in the room-having taken the prisoner I went down to Golden-square and apprehended the other men.
Cross-examined. Q. Did not he say that a man came to his place, and told him that he had some cloth to sell, and that he agreed to buy it for 30l.? A. No—I believe he is a tailor in West-street, near Golden-square—he said he was to go to Golden-square to meet these three men aud to pay the money—he said, "My God! this will ruin my family, "on my telling him I was a police-officer—I was in plain clothes—it was not on my saying
to him, "I shall take you into custody for receiving a quantity of property, knowing it to have been stolen, "that he said that—I am sure I did not say that to him before I went up stairs.
Q. When you saw Goldstine, you told him you were a police-officer, and asked him whether he had received cloth, and he said, "No"—did not you then say to him, "I shall take you into custody," and was it not on that that he instantly replied, "My God! you will be the ruin of my family?" A. No.
COURT. Q. After he said that did you take him to the room? A. Yes, and there found the property—it was not on my saying to him "I shall take you into custody," that he said, "My God, you will be the ruin of my family"—that was before I charged him at all.
Thomas Ambrose Potter, police-inspector G, repeated his former evidence.
Cross-examined. Q. Are you aware of the fact that the prisoner is a piece-broker, and has recently become a bankrupt? A. Yes, recently before this.
Cross-examined. Q. Is Harrison's business a tailor, something in the cloth line? A. He is a sort of a tailor.
Elizabeth Caroline Somers repeated her former evidence.
Cross-examined. Q. Is No. 38, nearly opposite your house? A. On the same side of the way—I could see Goldstine carry the cloth in.
The prisoner received a good character.
— GUILTY on the Second Count. — Confined Nine Months.
MR. COOPER conducted the Prosecution.
WILLIAM BLOOMFIELD (Policeman, A 248). Soon after 1 o'clock, on the morning of 22d December, I was standing against Christy's timber yard, Lower Marsh—I saw a man walking along there on the opposite side—I saw Weston, and a man not in custody, following him—Welsh was not with Weston, but he was called across the road by a female, and he joined Weston and the other man against the lamp-post at the corner of William-street—Welsh then seized the gentleman—he put his arm round his throat, and dashed him against the shutters of the shop at the corner—Weston and the other man went to the front, and appeared to be rifling his pockets—I was about thirty yards off then—it was right under a lamp-post where they attacked him—I saw all this distinctly—I ran across the road—some one called out, "The slop's coming;" meaning a policeman—Welsh dashed the gentleman to the ground—I ran round William-street, and the prisoners had gone out of my sight—I returned to where the gentleman was—I found him there—he seemed very much hurt from the usage he had had—he had got his watch in his hand, and his chain was hanging down—it was not broken—he said, "All right, policeman; they have only got my key"—I found the key there—I went after the prisoners, and not being able to find them, I came back to the spot, and the gentleman was then gone—about twenty-five minutes afterwards I saw Welsh, and took him into custody—I told him I wanted him for being concerned, with two others, in garroting a gentleman in the Lower-marsh—whilst I was taking him to the station, he said, "I have not been in the Lower—marsh to-night"—I said, "You can't deny this Maurice, that a woman called
you across from James-street"—he then said, "That was my wife"—I did not see anything else of Weston till I saw him in custody at Southwark police-court, on the morning of the 28th—I identified him as the man.
Weston. Q. Did you give a description of the parties to any one? A. Yes, to the man on the beat—I said you were dressed in a dark coat, and a jerry cap, very greasy, and no whiskers—I also gave a description at the station—I did not say I recognised you by your black clothes—I saw your features—I was thirty yards off—I have made every inquiry to find out the gentleman, but cannot—I was within seven yards of you when you turned round William-street.
JAMES LAMB (Policeman, L 72). On the night of 21st December, at 11 o'clock, I saw the two prisoners in company, drinking together, at the Spanish Patriot public-house—I have occasionally met them together before, in the Lower-marsh.
Welsh. I am guilty, but that man is innocent.
Weston's Defence. I am truly innocent; I wish to call my sister to prove where I was.
ELIZABETH WESTON . I am the prisoner's sister—I remember the evening of 21st December—my brother was along with me on that night—he came down between 4 and 5 in the afternoon to tea—I live in Hollis-buildings, Tower-street—he remained there till 6 or a little after, and we both went out for a walk together—we went along the Waterloo-road, and met a young man he knew—he asked us to have something-to drink—we went to a public-house called the Lord Hill, opposite the railway-station, and remained there—till a quarter to 1, just before the house closed—my brother came straight from there down the Waterloo-road to Tower-street, and stood talking there at the corner of the court—we bid the young man "Good-night," and my brother went home with me, and slept at my place—he was not out of my company the whole of the evening—the young man was a friend of his—I don't know who he was, be is not here.
Cross-examined by MR. COOPER. Q. you did not go to the Spanish Patriot that night then? A. No—I am certain of that—we never called there.
MR. COOPER called
ALEXANDER FRASER (Policeman, L 87). On the morning of 22d December, about half-past 2, I saw the prisoner Weston at a coffee-stall in the Waterloooad—I am quite sure it was him—I knew him well before for years—I don't know whether he worked at Windsor's or not—he might have worked at the Blackfriars railway-bridge; I can't say.
WESTON— NOT GUILTY .
WELSH— GUILTY .—He was further charged with having been before convicted of felony at Lambeth, in February, 1864.
MR. COOPER conducted the Prosecution.
JAMES PEACH . I am a smith—on 22d December, between 1 and 2 in the morning, I was crossing the Watertoo-road—I was met by the prisoner—he said, "What have you been saying to my mate?"—I said, "I have not seen your mate, nor no one else"—he then took hold of my throat with his left hand, up with his fist, and knocked me down—I had my two hands in my pockets—he pulled my hand out, and tore my pocket—I had nothing in my pockets.
Prisoner. Q. Did not you stagger about and knock up against me, and I asked you where you were running to, and you hit me on the ear? A. No; that is not true—I was quite sober.
WILLIAM BLOOMFIELD (Policeman, A 248). About half-past 1, on 22d December, I was on duty in the Lower-marsh, and heard cries of "Police!" coming from the Waterloo-road—I went, and found the prosecutor bleeding from the side of the mouth, smothered with mud, and his right-hand pocket was turned inside out—about ten minutes afterwards I apprehended the prisoner on the other charge—on the way to the station the prosecutor came running across the road, and said, "That is the man that knocked me down."
COURT. Q. Was the prosecutor sober? A. He was perfectly sober.
GUILTY . *— Seven Years' Penal Servitude.
Before Mr. Common Serjeant.
MR. DALEY conducted the Prosecution.
JOHN HENDRICK POLSON (through an interpreter). I am a carpenter on board the Russian ship Alert—on 24th December she was lying in the Commercial Dock—the prisoner was an able seaman on board—about 11 or 12 at night I was on deck a little tipsy—the mate came on deck, and said, "The watch must be kept, though it is Christmas Eve"—the prisoner came over another vessel from shore at that moment—I don't think he heard what the mate said—the prisoner was very tipsy—he did not say anything, he only made a noise—I could not see anything in his hand—I did not feel anything before I felt blood running from my forehead into my mouth, and I staggered backwards—he must have had something in his hand—Overarch did something to me; the mate did not see it—I was taken to the hospital next day—I go there every day now—I did not notice any knife at all.
Prisoner. I was that tight, I don't know what I did.
BENJAMIN BATTMAN (Policeman, M 40). At half-past 8 on Sunday morning, 25th December, I was called on board the Alert, and received charge of the prisoner for stabbing the prosecutor, who was lying in his berth with a cut on his face—it had been bandaged up—I could not understand what the prisoner said—I took him to the station—he was then sober—I found no knife on him.
WILLIAM GREGENE FARAKER . I am assistant to James Joseph Greene, of Plough-row, Rotherhithe—the injured man was brought to our surgery about midnight on 24th December—I found an extensive incised wound extending from the upper part of the forehead, escaping the left eye down to the chin—it had pierced the forehead to the bone, and the cheek also—the fleshy part of the cheek was not entirely cut through—it was such a wound as a knife could have inflicted—he was in a state of exhaustion from loss of blood when I first saw him—although there were no vessels wounded, it was a very extensive cut—there had been a great deal of hæmorrhage—he is now under treatment at the Dreadnought hospital-ship—the wound is healing now.
Prisoner's Defence. I can't say anything; I have no recollection of it.
GUILTY of unlawfully wounding. — Confined Six Months.
ADJOURNED TO MONDAY, JANUARY 30TH, 1865.