CENTRAL CRIMINAL COURT
FIFTH SESSION, HELD FEBRUARY 27TH, 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, February 27th, 1865, and following days.
BEFORE THE RIGHT HON. WARREN STORMES HALE; LORD MAYOR of the City of London; Sir JOHN BARNAND BYLES, Knt., one of the Justices of Her Majesty's Court of Common Pleas; THOMAS QUESTED FINNIS, Esq.; WILLIAM ANDERSON ROSE , Esq., M.P.; WILLIAM LAWRENCE , Esq.; Aldermen of the said City; RUSSELL GURNEY, Esq., Q.C., Recorder of the said City; WILLIAM FERNELEY ALLEN, Esq.; JOHN JOSEPH MECHI, Esq.; SILLS JOHN GIBBONS, Esq., Aldermen of the said City; THOMAS CHAMBERS , Esq., Q.C., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., Judge of the Sheriffs Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
THOMAS DAKIN, Esq., Alderman.
SEPTIMUS DAVIDSON, Esq.
HENRY DE JERSEY, Esq.
CENTRAL CRIMINAL COURT.
HALE, MAYOR. FIFTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, February 27th, 1865.
Before Mr. Recorder.
MESSRS. SLEIGH, POLAND, BESLEY, and NICHOLSON conducted the Prosecution;
MESSRS. METCALFE and COLLINS the Defence.
WILLIAM JOHN WELLER . I am a clerk in the Appearance Office of the Court of Exchequer, Lincoln's—in fields—I act as the deputy for the Master—on 22d October, this affidavit was brought to me—the person was sworn in the regular form—the affidavit was signed when brought to me—it was sworn by the person who represented himself to be James Edwards—I do not recollect the person—a copy of a writ was attached to the affidavit, in the state in which it is now—I produce an attested copy of the affidavit, with the writ attached—I asked the person if this was his name and hand-writing, in the regular way.
Cross-examined by MR. METCALFE. Q. You are not a Commissioner for taking, affidavits? A. No; there was no Commissioner in the office—I am deputy for one of the Masters—the Masters have power to swear affidavits—no Master was present at the time.
MR. POLAND. Q. Have you always been in the habit of swearing affidavits? A. I have, ever since I have been in the office—there is an Act of Parliament giving the Masters power to appoint deputies (5 Geo. II. c. 27).
SAMUEL WALLACE . I am a clerk to Messrs. Druce and Sons, 10, Billiter-square—the defendant was a clerk in that office—I am acquainted with his handwriting—the signature to this affidavit is his writing.
Cross-examined. Q. Do you remember his having a holiday on 10th October? A. No, I do not myself remember it, but I have been told that he was away at that time.
ALFRED WITTEY . I am clerk to Mr. Charles Hooper, of Southampton-buildings, solicitor—I was present at the Judge's Chambers on Wednesday, 30th November, the second day—I was not there on the first occasion, the 28th (summons produced)—the case was called on before Mr. Baron Bramwell, and the parties appeared—this copy of the affidavit was handed in to Mr. Baron Bramwell—the summons is endorsed by his Lordship, "Ad. Wednesday, G.
B."—there was some discussion—the question was gone into on the summons, and an affidavit read in answer—Mr. Baron Bramwell then ordered the defendant to be sworn, and he was sworn—the clerk who was opposing the summons asked him, showing him this affidavit, whether the contents of that affidavit were true—he said, "Yes"—his Lordship then asked the clerk who was attending the summons if he had anything to say—he said, "No, I have not;—I can't say anything if be still persists in saying that is true"—Mr. Baron Bramwell then said, 'This becomes a very serious matter; just pay attention to me;'and he began to cross-examine the prisoner—he said, 'Where did you serve the defendant? did you serve him personally?"—he said, 'Yes, I did"—he asked him whore—he said, "In the hall"—"At what time?"—'About twenty minutes to 12"—his Lordship then said, 'I can't help it, if he still persists in saying his statement is true; you know what remedy you have got"—his Lordship asked, 'Are you sure you did not give it to a lady,' or "a female?"—he said, 'No,' but I believe after-wards he was going to say that he did—what he did say, was, 'No, I am quite sure; 'he was about to say something else, but his Lordship did not seem to go further into it, and he did not finish the sentence he was about to make.
Cross-examined. Q. Do you remember the commencement of the sentence? A. No; I imagine he was going to say something to the effect that he had given it to a female; he did not actually say so—an affidavit made by the Rev. Thomas Hooper and Mr. Spurrell in support of the summons was read by his Lordship—the summons was dismissed, with costs—I believe the Judge made an order for the prosecution.
JOSEPH CAPP . I am clerk to Mr. Baron Bramwell—I have produced the original summons—it is endorsed, "Ad. Wednesday, G. B."—that means adjourned—this is the Baron's writing—I administered the oath to the defendant when the matter was heard—he was sworn in order to be examined viva voce.
JOHN PRIOR . I am clerk to Messrs. Wilkins and Bligh—I produce a writ in an action in the Court of Exchequer of 'Richard Eve against the Rev. Thomas Hooper"—I gave that writ to the defendant on a Saturday, near about 8th October—he brought it back to me on Monday, the 10th, between 10 and 11 at night—I saw him endorse it on the 11th, "This writ was served by James Edwards on the Rev. Thomas Hooper, the defendant, on Monday, 10th October. James Edwards."
Cross-examined. Q. He was not in the habit of serving writs, was he? A. No; not for me, at all events—I believe this was the first writ he ever served—he was not in our employment—I gave him also a copy of the writ—the copy would be served; the original would be brought back—he described to me a girl whom he bad seen at the house, as having red or sandy hair—I afterwards recognised her from the description he had given.
(A joint affidavit of Rev. Thomas Hooper and Charles Spurrell was put in and ready in which Mr. Hooper stated that it was wholly false and untrue that the prisoner had served him personally with a writ of summons, or that said writ of summons or any process was served upon him; that he was absent from home on 10th October from 9 A.M. till 10 P.M. in company with Mr. Spurrell. Mr. Spurrell stated that he was in Mr. Hooper's company during the whole of the day in question, and that no writ was served upon him in his presence.)
reside at Oaklands-house, Kingsdown, Kent, about ten miles from Dartford—a gentleman named Spurrell resides in my house—I had accepted a bill for the accommodation of a relation of mine—I remember the 10th October last—I left my house between 9 and 10 that morning, to dine with Mr. Spurrell's father, at Dartford—Mr. Spurrell was with me—we drove there in a light trap—I drove first to Farningham, which is about four and a half miles—I stopped there, and had the horse shod, and called on Dr. Ashurst—that was about a quarter to 11—I was not there five minutes; I merely told him to draw out a bill, which I would pay him on my return—I then drove to Dartford, to Mr. Gibson's—I arrived there at a quarter to 12—I stayed there perhaps five or ten minutes, or a quarter of an hour—I then drove to Mr. Spurrell, senior—Mr. Spurrell, junior, left me at Mr. Gibson's, to send the ostler to take the trap back—I remained at Mr. Spurrell's till 5 o'clock in the evening—I dined there—we dined about half-past 1—I did not leave Mr. Spurrell's premises till 5 o'clock; I might have walked in his garden—Mr. Spurrell, junior, came to his father's house about half an hour after I was there—he dined with us—I did not see Mr. Gibson again that evening; I saw his nephew—I saw Mr. Fooks that afternoon at Mr. Spurrell's—I arrived at home between 8 and 9 that night; young Mr. Spurrell returned with me—during the whole of that day I did not see the prisoner—I never saw him till I saw him at Judge's Chambers; I think, the last day in November—he never placed in my hands that day, or at any other time, the copy of a writ—there is a lady residing in my house named Margaret Godfrey; she is a relation of mine—as I was at supper that night, she handed me a sealed envelope—I do not know what has become of that, envelope—I opened it as I was getting into bed—it contained a copy of a writ in "Eve v. Hooper"—I believe this produced to be the paper—I sent it to my brother next morning—on 23d November, an officer of the Sheriff of Kent came to my house—I paid him a part, and gave security for the rest—I had heard that the matter was settled.—on 10th October, I called at Mr. Ashurst's as I returned in the evening to pay his bill, and his housekeeper handed me this paper (produced)—on 28th November, I attended at the Judges' Chambers before Mr. Baron Bramwell—the defendant was not there; at least, I did not see him—the matter was adjourned till 30th November, that he might be present—on 30th November, I again attended before the same Judge—I heard the Judge say it was a serious matter; he cautioned the boy as to what he said, and then asked him if he had seen me, and he swore that he had seen me in my hall at Kingsdown, at twenty or twenty-five minutes to 12 o'clock—the Judge asked him if I was in the room, and he pointed me out.
Cross-examined. Q. Have you any cure? A. Not at present—the last I had was about four years ago—that was at Kingsdown, where I reside—it was a curacy—the Rev. Samuel Dewey is the incumbent—I gave up the curacy, because he came into residence—the Bishop did not interfere at all; he interfered so far, that he kept me there three years, by arrangement with Mr. Dewey—I was obliged to bring an action against Mr. Dewey, and it was settled, and I remained there three years longer in consequence—the action was for defamation of character, and for an illegal distress—they were both Settled—it was about something I did not like, and which was not true, about a female servant—I had the curacy for three years after that, by the Bishop's sanction—I had a distress made upon me about three years ago—that was not an illegal one—I paid that; there were no others, that I know of; I am quite sure of it; nor any more actions—my brother,
Charles Hooper, is an attorney in town—there had been other accommodation-bills between my brother and myself before this, some time ago—it was to my brother that I sent this writ—I sent it the next morning, the 11th; I am certain of that; I sent it in a letter—I dare say my brother is here—I have not got the letter that I sent him—I can't say whether he has it; I have not inquired, or told him to try to find it—I did receive the writ on 10th October, but not from this boy—I told the Judge at chambers I had received it from Miss Godfrey; I swear that; I believe I did—I don't know that I said it to the Judge particularly, but I always admitted that I had received it from Miss Godfrey—I can't say that I said it in the presence of the Judge; I can't remember; I certainly never concealed it from any one—when I said in the affidavit that no writ or other process was served on me, I meant personally—I did not tell the Judge that I meant personally; the Judge would not allow me to speak to him; he would hardly hear me open my mouth—I did not know that the Judge would not set aside the order unless I had told him I had not received the writ—my attorney, Mr. Soper, was there with me—I believe he made my affidavit—no, I don't think he did; I think my brother did—he knew that I had received the writ that day; he must have known it, because I wrote to him, and sent it to him—my brother also made an affidavit—I have looked for the envelope in which the writ was inclosed, but I could not find it, and I could not distinguish it if I found it—I suppose it was addressed to me; I don't remember—I looked carefully for it—I don't suppose my cousin has; she would know nothing about it—I can't say when I told Mr. Spurrell that I had been served with the writ; certainly not till after I had been to the Judge's chambers—I don't think I mentioned the subject to a soul in the house—I took two little pigs to Mr. Spurrell's on that day—I gave them to Hilder, the gardener.
MR. SLEIGH. Q. You say you had the curacy for about four years; was that in the rector's absence? A. No; I came to Kingsdown in 1852-3—the rector lived at Rochester at that time—there is no pretence for saying that any charge was made by him against me of an indecent assault upon a female—the matter between the rector and myself was referred to the Bishop—in the result the rector apologized to me for what he had said; and, by the arrangement, the rector was not allowed to come back into residence until the end of two and a half or three years—on the rector's coming into residence, I, of course, resigned the curacy—he could not have turned me out, if he had not come into residence; the Bishop would not allow me to leave the curacy unless the rector came into residence, and he did.
MARGARET GODFREY . I reside at Oakland's-house, Kingsdown—I remember the morning of 10th October—on that morning, Rev. Mr. Hooper and Mr. Spurrell left between 9 and 10 o'clock, I think—at past 1 o'clock, I opened the door to the defendant—he asked me if Mr. Hooper was at home—I said, "No"—he then asked me when he would be home—I said I could not tell him; he might be home early, or he might be late, and I asked if I could assist him in any way—he seemed perplexed what to do—he said it was a private business—I asked what station he came from—he said he had to be back again at the station at 2 o'clock—I said he would not be in time—it was then past 1, and the station was six miles from our house—I looked at the clock immediately he left, and it was half-past 1—before he left, he gave me a closed note, and asked me to give it to Mr. Hooper; that it was a private affair, I could not assist him at all—I am certain the prisoner is
the boy—I think Mr. Hooper returned between 9 and 10 in' the evening with Mr. Spurrell, and I gave him the note—I did not leave the premises all that day—Mr. Hooper did not return until the evening.
CHARLES SPURRELL . I reside at Oaklands, with Mr. Hooper—on Monday, 10th October, I proceeded with him from his house to Dartford—we left early in the morning, about 8 or 9; I can't say exactly—we went in a dog-cart—we stopped at Farningham, and called on Mr. Ashurst—I remained with Mr. Hooper the whole day, except for about half an hour, that was about 1 o'clock, when I got out in the town of Dartford, at Mr. Gibson's—we dined at my father's that day, about 2 o'clock—I returned home with him in the evening about 6 o'clock—I saw nothing of the prisoner that day.
Cross-examined. Q. When did you first hear that Mr. Hooper had received the writ? A. I can't say; I don't suppose I heard much about it till the case came on at the Judge's Chambers—I came up with Mr. Hooper that day to Mr. Charles Hooper's, and made the affidavit—it was read over to me—it was ready written, and I went to some place, and was sworn—I knew the day before that Mr. Hooper had received the writ—I certainly knew it before I made the affidavit.
WILLIAM GIBSON . I am articled clerk to a solicitor at Dartford—on 10th October I saw Mr. Hooper at our office there about half-past 11—he gave me a cheque to cash; I did not cash that cheque, I cashed another one which I drew—I have the counterfoil in my possession; it was for 29l. 10s.—he said he would call in the afternoon for the cash, which he did, about half-past 4 or quarter to 5, and I gave him the money.
Cross-examined. Q. Have you the cheque here? A. No—I was told to produce the counterfoil—I remember the transaction perfectly well—my attention was called to the date by the counterfoil—it is a memorandum I made at the time—my attention was called to it about a fortnight after-wards.
MR. SLEIGH. Q. Have you the slightest doubt about its being that day? A. Not the least.
WILLIAM ROBERT ASHURST . I am a medical man at Farningham—on 10th October last I remember Mr. Hooper calling on me, as near as possible about half-past ten in the morning—this receipt is my writing—it is dated 10th October, 1864; that was the day—I can't tell at what time in the day I wrote this receipt—I did not give it to Mr. Hooper myself; I gave it to my servant, and she gave it to him when he called for it—I wrote it in consequence of what he said to me—he came to pay me some money; he was in a dog-cart; when he left my house he went in the direction of Dart-ford.
COURT. Q. At what time did you receive the money? A. At 5 o'clock when I came home; it was paid to my housekeeper.
WILLIAM CRAYCROFT FOOKS . I a member of the Equity bar, and am a brother—n-law of Mr. Spurrell's—I was at Mr. Spurrell senior's house at Dartford on 10th October—I saw Mr. Hooper there when I arrived; I think it was nearly 6 o'clock, or within half an hour of that time—I am very well acquainted with Mr. Hooper personally.
RICHARD COLTMAN SOPER . I am clerk to Mr. Hooper, the attorney for the prosecution—he was also acting as attorney for the Rev. Mr. Hooper in the action—I was present at the Judge's Chambers on the second occasion; Mr. Hooper was also present—I heard him make a statement in the defendant's presence, as to how the writ bad come into his possession—he said
it was given to him in an envelope by Miss Godfrey, his housekeeper, on his return from Dartford.
Cross-examined. Q. Was he sworn? A. No—I think all the parties were present when that was said—the clerk of Messrs. Walker and Bligh, who was attending on the other side, was there, and Mr. Wittey, clerk to Mr. Charles Hooper; Mr. Hooper was not present—nobody has been out of Court and told me about this conversation—I have not heard a word from any one; in fact, I do not believe that one of the witnesses who have come into Court has been out again—Mr. Charles Hooper did not come out—I have not seen him since the case came on; I wanted particularly to see him on other matters—not a soul has spoken to me—no one has mentioned to me anything that has taken place in Court this morning—I am managing clerk to Mr. Hooper—I have not had the getting up of this case—I had the management of the case in the Exchequer—of course I thought there was a good action; I think so now—that was not the reason for prosecuting this lad—I have not said so; quite the reverse—I have no doubt I drew the affidavit for Mr. Hooper—I did not know till afterwards that he had received the writ on that day; I knew he had received the writ, but I do not consider the giving of it to him in a letter by his servant, to be a service—the Judge was told that he had received it on that day, by Mr. Hooper himself; I believe the words used by Mr. Hooper, as nearly as possible, were "On my return home in the evening between 9 and 10, Miss Godfrey gave me a letter, and in that letter was contained the writ"—I believe that was the first time I knew that he had received it that night—I was not surprised to hear Mr. Hooper say so, because I knew he bad received it; I did not take notice at what time—to the best of my recollection he had not told me when or how he received it; I knew he had received it in a letter sealed up; I did not know whether it was that night or the next morning—that was the only doubt I had—I did not inquire; I did not think it of importance; I won't be certain when I first saw the writ—I don't think Mr. Hooper showed it to me the first day he got it; I think his brother came to town some few days after, and then they showed it me together—I dare say I saw it within four or five days.
MR. METCALFE to SAMUEL WALLACE. Q. Was the defendant in the habit of serving writs? A. No; he had never served one to my knowledge—I am the managing Common-law Clerk.
MR. METCALFE. I wish to call your Lordship's attention to the Second Count of this indictment the first being clearly not sustained). It contains the words, 'And the said R. Eve shall be required to attend, &c, to show cause why judgment signed in the said action and the execution issued thereon should not be set aside, on the ground that he had not been served with any writ.' I apprehend that the judgment so signed, and which is intended to be set aside by Has process, is essential in this case, and should be produced. If there were no such judgment there would be no jurisdiction on the part of the Judge in Chambers—there would be no jurisdiction to issue the summons until there was a, judgment signed, and therefore that judgment ought to be produced.
MR. SLEIGH. I submit it is not necessary; it is a mere step in the cause: the moment the writ is issued the cause exists. The Judge, having competent jurisdiction, issues a summons; upon that summons the inquiry takes place, upon which the perjury is alleged, and it is quite unnecessary to prove the signed judgment, that is independent matter. THE RECORDER.—You aver it in the indictment; what proof have you of your averment of the judgment and the execution?
MR. SLEIGH.—It is merely matter of inducement. THE RECORDER.—Would you be content to have it struck out? MR. SLEIGH. No. THE RECORDER.—How could the Judge have jurisdiction to issue the summons unless Judgment had been signed? MR. SLEIGH.—We have proved that there was a unit; all I contend that toe have to prove is that there has been a summons by a Judge in the cause, and on that summons the parties have attended: the matter of that summons surely it is not necessary to prove. THE RECORDER.—How could a person's evidence before the Judge be material, if there was no judgment to be set aside? I am of opinion it is a necessary step in the prosecution to produce the judgment: that is not done, and it seems cannot be done, therefore, unwilling as I am that a case like this should go off on a mere technical point, I must direct the Jury to acquit the prisoner.
NOT GUILTY .—There was another indictment against the prisoner for perjury upon which no evidence was offered.
MR. HARRY PALMER conducted the Prosecution.
MR. COLLINS defended Wild, and MR. WARNER SLEIGH defended Hunt.
JOSIAH THOROGOOD . I am a detective-officer in the employ of the Great Northern Railway—on 1st February I was on duty in Fore-street, and saw Wild carrying a cheese on his head—about twelve or fifteen yards behind him on the other side of the way, I saw Hunt—I followed them into Moorgate-street—prior to getting there Hunt came up and received the cheese on his head from Wild—it was enclosed in a large box covered over with a sack—Wild then followed up behind Hunt, about twelve or fifteen yards off, on the other side of Moorgate-street—they then spoke to each other and exchanged the cheese—I followed them into Prince's-street, and met 114, City-policeman—I said something to him, and followed Wild—I saw Hunt taken by the officer, and then Wild ran along King William-street towards London-bridge—I ran after him, seized bold of him, and told him I was a policeman—he said, "What do you want with me!' and he resisted most violently—I called on a bystander to assist me—I said to Wild, 'I shall take you across to your companion, and you will see what I want of you"—in taking him across, be suddenly put his left hand into his coat-pocket, and then with-drew it closed—I said, 'What have you got in your hand?"—he said, 'Nothing"—I laid hold of his wrist, bent his hand back, and opened it—in his band was a large signet-ring, with the engraving of a ship on it—I said, 'I believe this is gold"—he said I was asleep; I had got my eyes shut—I said if my eyes were shut, I could see him going along with the cheese—he said I was a b----liar; that he never had the cheese on his head; he said that he did not know Hunt, he had never seen him before—I heard the constable say to Hunt, 'What have you got here? 'pointing to what was on his head—Hunt replied, 'A cheese"—the constable said, 'Where are you going to take it to?"—Hunt replied, 'To Friar-street, Blackfriars"—the constable said, 'Where did you get it from?"—he said, "From the Underground Railway"—they were both taken into custody—I carried the cheese to Bow-lane Police-station.
Cross-examined by MR. COLLINS. Q. How for is Fore-street from Moor-gate-street? A. From the place I first met them to the extreme end of Moorgate-street is about half a mile—the cheese weighed 71 lbs; it was very heavy—Hunt tried to drop it on my toes—I don't know that the ring was not gold.
Cross-examined by MR. SLEIGH. Q. Did you see the policeman take Hunt into custody? A. Yes; I can't say whether he made any resistance—I am convinced the prisoners spoke when they exchanged the cheese—the conversation did not last more than half a minute—I can't say whether Hunt spoke to Wild first—I heard the policeman ask Hunt what he was carrying—he did not hesitate before he answered—his answers were straight-forward.
MR. H. PALMER. Q. Was the cheese down on the pavement when he was asked those questions? A. No; on his head.
COURT. Q. Were they in the way from the Underground Railway to Fore-street? A. No; quite a contrary way altogether.
THOMAS GEORGE GIBBS (City-policeman, 47). I took Hunt into custody about half-past 7 on this evening—I asked him what he had got on his head—he said, 'A cheese"—I said, 'Where did you bring it from?"—ha said, 'The Underground Railway"—I said, 'Where are you going to take it to?"—he said, "Friar-street, Blackfriars"—I sent him to the station in the custody of another constable—in the mean time the last witness came up with Wild, and said he had seen him carrying the cheese, and that be gave it over to Hunt—he gave Wild into my custody, and I took him to the station—Hunt said nothing about knowing Wild—I took a ring from Thorogood—it is only a brass ring; not worth a shilling.
Cross-examined by MR. COLLINS. Q. How long before Wild was taken into custody did you see him? A. Not half a minute; I was in uniform; the other man was not.
Cross-examined by MR. SLEIGH. Q. When you took Hunt did he answer your questions with perfect readiness? A. Yes—the constable who took him to the station is not here—I was close behind him all the way—Hunt said at the station that a man had asked him to take it to Friar-street.
MR. H. PALMER. Q. Did he say anything about the man asking him to carry the cheese, when he was first apprehended? A. No; I think not; I did not hear him—I followed him down King William-street from the crossing opposite the Mansion-house—I did not see the other prisoner then—I knew nothing at all about Thorogood at that time.
THOMAS COX . I am a carman—on this day I drove my cart from Hibernia-wharf into St. John-street, Clerkenwell—when I got there I missed a cheese from it—this (produced) is one of the cheeses that was in my cart.
Cross-examined by MR. COLLINS. Q. Are you quite sure that is the cheese you missed? A. I am quite sure that is one of the same sort; there is a mark on it; 'L. J. R., New York"—that is the maker of the cheese, Randall—he is a large importer of cheeses—there might be hundreds of cheeses of that mark, but I am sure that is the same kind of cheese that I had—I had sixty to deliver—I saw a great many others at the wharf of the same sort, different sizes—I think there were some of the same size as this one—I did not go near Fore-street—the nearest to it that I went was St. John-street, Clerkenwell; three-quarters of a mile from it.
Cross-examined by MR. SLEIGH. Q. What kind of cart was it you drove? A. A four-wheel van, like an ordinary carrier's cart—it was not covered on this day, no more than a tarpaulin tied on—I could see all parts of the cart—I have no other means of swearing to the cheese, but by the printed letters, and the name of the place where it came from.
MR. H. PALMER. Q. I see here a chalk mark, was that on the box that day? A. I have not compared the number—I can't swear to the number on the
box that was lost—I was walking by the side of the cart—Fore-street would be on the way from St. John's-street to Moorgate-street.
COURT. Q. At what time did you arrive at St. John-street? A. About a quarter before seven in the evening, and it was on my arrival that I missed the cheese.
GUILTY .— Confined Fifteen Months each.
MR. POLAND conducted the Prosecution, and MR. RIBTON the Defence.
JOB LAMBERT (Police-Sergeant F 14.) I was present before the magistrate when Thomas Pratt, police-constable 311 A. was examined—this signature to this deposition is his and also this one, which was taken on the remand—the prisoner had every opportunity of cross-examining Pratt—I saw him to-day at the hospital—he is ill in bed—the surgeon is here—(Pratt's deposition was here put in and read as follows;—'At four o'clock on the morning of the 1st of January I was on duty in Northumberland-street, Strand, and hearing some one walking in Brewer's-lane, adjoining, I went there to see who it was—at first I could see nobody, but on turning my lamp on I found the prisoner lying upon his face in some mortar, under one of the railway arches—I asked him what he was doing there I—he scrambled up, and I then saw he was very drunk—he told me he had lost his horse and cab—at this time sergeant Lambert came up, I told him what the prisoner had said and he went to look for the horse and cab, and shortly after Lambert returned with them, and he told me to take the prisoner to the station-house—I did so, and he offered me money not to take him there—we walked together to the top of the lane, and there he turned round, and gave me a very severe kick on my thigh—he then walked about fifty yards, and then asked me if I was going to take him to the station, I replied I should—he then said I'm b----if you shall, and at the same time kicked me as hard as he could upon my shin, and knocked off a piece of skin as big as a two-shilling piece—he then threw himself down in a door-way—I stooped to raise him up, and as I was in the act of doing so, the prisoner struck me a violent blow by the side of my right ear on my head—I did not at the moment know I had been wounded, but the blood flowed profusely and quite saturated the front of my coat—I then found I had been stabbed—I after-wards saw that one of the figures upon my collar and the letter A had been cut—the sergeant then came up and with other assistance the prisoner was taken to the station-house.' Second examination—Cross-examined by the Prisoner. 'I did not say on my first examination that the prisoner was mad drunk, I said he was very drunk—he told me at this court, in the gaoler's room before the examination that a gentleman had given him a quart of whiskey and that he was mad drunk.—THOMAS PRATT.")
JOB LAMBERT (continued). I was on duty at Brewer's-lane on this night—I saw the prisoner there, he was drunk—he said that he had lost his horse and cab in the archways—I told Pratt to detain him there and I would go and look for the horse and cab—I found it under one of the railway-arches at Charing Cross—I led it back to where I had left the prisoner and Pratt—I told Pratt to take him to the station, I saw he was very drunk, and I would lead the horse and cab up myself—the prisoner went very quietly into the Strand and then became, very violent—he commenced kicking. Pratt and
threw himself down in a doorway—I saw Pratt stoop down to raise him up—I stopped the horse and cab and went to his assistance—I then perceived that his coat was saturated with blood, and blood was running down by the side of his face—the prisoner's face was also bloody—I said to Pratt, "Good God where is all that blood from"—he said, "I don't know whether it is from him or from me"—I did not see anything in the prisoner's band at that time, he was so violent—I held him down until after I thought his temper was cooled, I then asked him if he would go to the station quietly, and he said he would go with me, but he would not go with Pratt—I then directed Pratt to take the horse and cab up to the station and I would endeavour to get the prisoner there myself—he went for a few steps with me—at that time Baker, No. 122, came up and caught hold of him on the left side—the prisoner then commenced kicking Baker on the legs—he raised his right hand and I saw that he had this knife in his hand (produced), there was blood on the knife—I noticed that at the time—I called Baker's attention to the knife, we took it from him and took him to the station—I then examined Pratt and found he was wounded just above the ear.
Cross-examined. Q. Do you know if the prisoner's badge was found that night? A. It was: 117 F. found it—there was a piece of tape on it—I could not tell whether it had been cut or pulled off—it was found in the Strand by Coutt's bank—it was not his proper badge, that had been lost since 1858: it was a badge he had no right to wear—I did Dot mention that to the Magistrate because it was not found in his possession, it was picked up where the scuffle had been.
MR. POLAND. Q. Was Pratt in uniform? A. He was.
CHARLES BAKER (Policeman F. 122). I saw the prisoner struggling with Lambert—I laid hold of his left arm—he kicked me violently on the leg—Lambert took the knife from his right hand—this is it—there was blood on it at the time.
JAMES GROSVENOR McKINLAY . I am house-surgeon at Charing Cross Hospital—on the morning of 1st January I was called up to attend to Pratt the constable—I found him suffering from a wound near the right ear, about a quarter of an inch in length, it was a wound that a knife would inflict—I saw the knife at the police-court—there was a good deal of bleeding—he has recovered from that wound—he had an abrasion on one of his legs, the skin was taken off—it afterwards turned out to be a serious wound—he came into the hospital some few days after the injury was inflicted and he has been there since—he is now confined to his bed with that wound—the skin was taken off about the size of a florin—I can't give any opinion how long he will be there, it may be for some long time yet—it came to a very large wound afterwards.
The prisoner's statement before the Magistrate:—"I have nothing to say, excepting that I understood that Pratt swore before the magistrate on the first examination that I was mad drunk."
GUILTY of unlawfully wounding. — Confined Twelve Months.
CHARLES HEARTY . I am master of the ship "Boreas"—on the morning of 13th February I was walking along Lower Thames-street—I saw the prisoner on my left side, he pushed against me twice, the second time I felt a tug at my watch-chain—there were a great many people about me at that
time—there was no one near enough to make a tug at my waistcoat, except the prisoner—I put my band there and found my watch was gone—I caught hold of the prisoner's collar, he said, 'What do you want?"—I said, "You have got my watch"—while I was talking to him, some one touched me on the back and said, 'If you have lost anything he has passed it, you have got the right man"—I did not see anybody go away—there was great confusion there at that time—there were people near enough for him to pass it to—the prisoner had a cloak on his arm; that was close to me over my waist-coat-pocket—his coat was against me, I had to move it away before I could get to my pocket—he tried to slip out of his coat when I took him, and I had to collar him round his neckhandkerchief—I am confident no one could have made the tug but him—it was a valuable watch, worth twenty guineas.
WILLIAM SHEPHERD (City-policeman 544). The last witness gave the prisoner into my custody, he had this rag of a coat on his arm, a thing of no use to wear—I searched him at the station-house and found 1s. 10 1/2 d. on him—he gave an address which I went to.
Prisoner's Defence. I have got nothing to say.
Seven Years Penal Servitude.
283. SAMUEL COSTER (21), WILLIAM HURLEY (19), JANE TYLER (20), and MARY ANN SMITH (17) , Robbery with violence together on Mark Reynolds, and stealing from him 63l. 8s. 6d—2nd Count, Feloniously receiving the same.
MESSRS. METCALFE and ORRIDGE conducted the Prosecution, and MR. HARRY
PALMER defended Coster and Tyler.
MARK REYNOLDS . I live at No. 2, Horseferrybranch-road—I am in my 82nd year—I am a messenger in the employ of Ricketts, Smith and Co., coal merchants—they have places in the Horseferry-road, in Mile End and in the Commercial-road—on Wednesday evening, 21st December, about six o'clock I was carrying a leather-bag containing 63l. 8s. 6d.—I left Mile End about ten minutes to six to bring the money to the Commercial-road—a lad named Stevens went with me and saw me safe as far as the corner of the Horseferrry-banch-road—I walked as straight as I could come from Mile End to that place—it is about a mile and a quarter I should think—I was in the habit of taking money every evening—I have been accustomed to go the same route at times for the last three or four years—when I got about thirty yards from the Horseferry-road, within twenty yards of the counting-house, I heard some persons behind me—they put something wet over my face, pulled me back, threw me down and then kicked me—the bag was torn from me—I had got my umbrella through the handle of it—they tore that away when I was on the ground, and I saw one of them run across the Commercial-road with it—I called, 'Murder!' and "Stop thief!' and followed him as close as I could—when I got within a few yards of him, he got in amongst a mob of people who were singing—just before he got on to the kerb I was within ten yards of him—the string of the bag hung at his leg and I caught his side face, and I believe it to be the prisoner Coster—I am quite certain of it—I had known him before—he has worked for the firm as coal-porter—I have no doubt at all about his being the man—I saw the girl Smith standing amongst the people and 1 asked her which way the man went with the leather-bag—she said, "That way"—pointing in the contrary way to which the man ran—I do not recognise either of the other prisoners—there
were certainly two men attacked me—one held me and put the treacle on my face and the other pulled the bag from me—I saw nothing more of the bag that night.
Cross-examined. Q. What was this substance that was put on your face? A. Rag and treacle—it was put right over my eyes—I was walking on the pavement close to the fence—I did not hear them coming behind, being a little deaf—the treacle was damp—I suppose I wiped my eyes when I got up—I did not stop to use a pocket-handkerchief—I could see my way across the road—I saw the man going across the road quite plain—I fetch the money every night from one office to the other—the amount varied—I have known Coster a twelvemonth perhaps—the bag was heavy, there were 3l. worth of copper tied up in 5s. packets, and about 58l. in silver—the string that was tied to the bag hung at the man's legs, and he could not run very fast—I lost him in the crowd—I know which way he went, because afterwards I turned round and saw two people running up the road—I gave information to the police that very night—I did not say anything about Coster that night—I said I had been robbed and they sent a private policeman home with me—I did not say a word about Coster being the man at the station, but when the policeman came home with me I did—I told my wife and she told him—my wife is not here—I did not say anything at the station about suspecting Coster—I did not wish to tell anybody, in the presence of a lot of people, because it would prevent his being taken—I thought we should find him the next morning—I was excited and very angry at being knocked down—I and the policeman went down the York-road together to see if we could find any one—the policeman asked me if I could form an idea of the man, and I said to my wife, "Mother, I think it is that chap who stood about here lame"—I told the policeman who Coster was—I did not know anybody else—I might have said when I was first examined that I was not quite certain about Coster—I am quite certain about him now—the reason I have not mentioned it so many times is because I have always been afraid of being knocked about by the other coal-porters, his friends.
WILLIAM STEVENS . I live at 7, Albert-street, Mile End, and am in the employment of Ricketts, Smith and Co.—I put the money into the bag for the last witness, 63l. 8s. 6d.—I counted it over, that was about a quarter to six or six—he took it on his back—I went with him as far as Horseferry branch-road—I left him there.
Cross-examined. Q. Do you go with him every evening? A. Yes.
WILLIAM McGENNETT . I live at 86, Eastfield-street, Limehouse—on 21st December I was potman at the Hope and Anchor, public-house, Horse-ferry-branch—I saw the two male prisoners there on that day—it was between 2 and 3 o'clock when I first saw Coster—the other one a little later—I knew Coster by seeing him there—I left them there at 5 o'clock, both sitting together in the taproom—there were other persons passing in and out—there were no people sitting there with them when I left—I went home to tea, and returned about a quarter to 6—I believe I then saw both of them standing at the top of the Horseferry-branch-road—Coster I am sure was there—I will not be sure about the other man—York-road is directly opposite where they were standing—at the same time I saw two women standing in the York-road, about 30 or 40 yards perhaps from the men; the width of the road.
Cross-examined. Q. Coster comes in to have a pint of beer sometimes at your public-house? A. I have known him to do so—I have seen him there every day for some time—I don't swear to the women, or to Hurley—I am
certain it was Coster I saw at the top of the road—that is not a great way from the public-house—I did not see him walk then—he has been lame—I believe he was not lame then.
MR. METCALPE. Q. How long before that had he been lame? A. It might be a month or two months—I have seen him with a crutch and I have seen him lame since be left off the crutch—the last time I saw him lame was about a month ago.
JOHN WISDALE . I live at 11, Edward-street, Limehouse, and am a breaksman in the employ of the Regent's Canal Company—on the evening of 21st December I was passing down the Commercial-road—about a quarter-past 6, as near as I can guess, I was passing the Horseferry-branch-road and saw two women standing on the York-road side—directly I passed them I met a man coming round the corner, from the Commercial-road, with some-thing bulky under his left arm under his coat—I could not say what it was—he walked quickly round the corner as he passed me—I looked round and saw him hand something to the two women I had seen—what it was I could not see—they dropped it and then stooped and picked it quickly up and then went quickly up the York-road together—that was all I saw—I passed along the Commercial-road, and saw Mr. Reynolds coming across the road with other people—he was calling out "Stop thief" and "Murder"—that was about a minute after I had seen the man.
Cross-examined. Q. Do you know who the man was with the bundle? A. No, I had not sight enough of him—all I can say is that he had a light coat on—I passed him as close as I could pass—the pathway is very narrow just there.
COURT. Q. You cannot speak to the women either? Q. No, I only saw the backs of them.
CAROLINE BACKWAY . I live at 2, York-road—two doors from the Commercial-road—on 21st December I saw the two female prisoners there—they asked me to allow them to go through into the yard—I said my mistress, would not allow any one to go there—I had seen them before—I knew them by sight—they did not say anything further—Tyler had something bulky, which she was carrying under her cloak or shawl, but I could not tell what it was—our house is a company house—a house of accommodation—I saw a man run past, just before the women spoke to me—just as they went from the door Mr. Reynolds Came up with some treacle running down his face.
Cross-examined. Q. You don't know the man who ran past? A. No—I supposed the women wanted to go to the back for a private purpose—I concluded it was that—they crossed over the road and vent under the railway arch, up the York-road.
ROBERT SMITH (Policeman, K 253). On 21st December, about a quarter to 8, Reynolds came to me at the King David-lane station, and in con-sequence of what he said I went down the Horseferry-branch-road—on 23rd January, about 3 in the afternoon, I took Mary Ann Smith into custody, at the Bedford Arms, Bedford-street—she was the first of the prisoners taken—I told her she was charged, with two others, with stealing a bag containing money from Mr. Rickett's man on 21st December in the Commercial-road—she said "Yes, I had 3l. 10s. out of it, Bill Hurley bad 3l. 10s., Sam Coster and Jane Tyler had the remainder, and I shall turn Queen's evidence and tell the truth about it"—on the same evening, about 7 o'clock, I took Coster and Tyler at No. 8, Ingle-street, Shacklewell—they were together, living in a room—I told them what they were charged with—Coster said he knew nothing about it, and Tyler made no reply—I said, "You have got
a house full of new furniture here"—it was new—Coster said, "Yes, these are ready-furnished lodgings'—at that time the landlady of the house came in, and Coster said to her, "I had this room of you ready furnished"—she said, "No, it is your own furniture"—I then made a search, and under the bed, between the bed and the mattress I found a purse containing 12s. and a receipt—I asked Coster what it was, and he said, "That is the bill for this furniture"—(This being read, contained different articles of furniture, amounting altogether to 9l. 14s.; date 27th December, 1864)—between the time Reynolds made the complaint to me and 23rd January, I had been looking for Coster—I had been to all his usual haunts—I knew him before—he had been lame before 21st December—I know of his using a crutch some time before that.
Cross-examined. Q. Do you know that he had been working at Stone-house wharf, Ratcliff? A. No—I have known him for these two years, up to the present time—he met with an Accident, I should think about eighteen months ago—I had seen him on crutches repeatedly up to the last three or four months—he did not say, "We furnished the lodgings"—he said nothing about paying 2s. a-week.
Smith. Q. Was I not locked up on the Saturday night before you took me? A. I have been told so since—I did not know it at the time—you were not in liquor when I took you.
MR. METCALFE. Q. Did you get Coster's address from anybody? A. Yes, from the prisoner Tyler's sister.
WILLIAM FREESTONE (Policeman, K 105). I took Hurley about half-past 7 on the morning of 13th February—I said, "Bill, I want you for being concerned with Coster and the two girls in robbing a man in the Horseferry-road"—I also said, "Mind what you say, as it will be given in evidence against you"—he said, "Well, I was there, but so help me God I had nothing to do with it, and I don't believe the other man had"—the other prisoners had been committed at that time—I had been looking for Hurley previously—I commenced a day or two after the robbery in consequence of information—I had not been to his house—I did not know where he lived—I had been to other places where I thought I should find him, and was not able to do so till 15th February.
HURLEY. You said I want you Kill for that job of Coster's.
MR. PALMER (to MARK REYNOLDS). Q. Do you know of a subscription being raised for Coster when he had this accident? I do not—I have heard there was a raffle at a public-house to get money for his counsel—he has been what we call a scurf amongst the coal-owners—just worked for a day or half a day now and then, but not regularly for our firm.
Smith's Defence. On the night the old gentleman says he was robbed, I neither saw Coster or the other one. I don't know Bill Hurley at all what the policeman said about me is false.
COSTER, GUILTY . †— Five Years' Penal Servitude. TYLER and SMITH
GUILTY of receiving — Confined Twelve Months each.
HURLEY— NOT GUILTY .
The following Prisoners PLEADED GUILTY:—
—The Prisoner received a good character.— Confined Six Months. [Pleaded guilty: see original trial image.]
287. JOSEPH KING (18), and JOHN THOMPSON (18) , to a burglary in the dwelling-house of John Pullar, and stealing 5 pairs of sugar-tongs and other articles.— Confined Twelve Months each. [Pleaded guilty: see original trial image.]
288. EDWIN ALLEN to (17) , stealing 7l. 16s. the moneys of William Day Wells and others his masters.— Recommended to mercy by the Prosecutors.— Confined Eight Months. [Pleaded guilty: see original trial image.]
290. HENRY LEWINGTON (37) , to stealing whilst employed in the Post-office a post-letter the property of Her Majesty's Postmaster-General.— Six Years Penal Servitude. [Pleaded guilty: see original trial image.]
NEW COURT.—Monday, February 27th, 1860.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution and
MR. WARNER SLEIGH, the Defence.
SUSAN GIDDY . I live with my mother at 2, Tavistock-court, Covent Garden—she keeps a coffee-shop there—on Tuesday, 7th February, between 7 and 8 in the morning the prisoner came in for a cup of tea and a roll, which came to 3d.—she gave me a half-crown—I put it in my pocket—there was no other half-crown there—I took it out about five minutes after-wards and found it was bad—on the following Thursday, the 9th, she came again and asked for the same—I recognized her immediately, and waited to see what she would give me—she gave me a half-crown—I detected it at once and said, "You were here last Tuesday morning and gave me a bad half-crown, and you are here again this morning and have given me another"—she said, "Yes, I know I was here last Tuesday, and did give you a bad half-crown"—I sent for one of the market-beadles and gave her in custody with the half-crown.
Cross-examined. Q. Did you call anybody to your assistance? A. I called my mother—she is not here—a great many people come to the shop for their breakfast when they come to market, but the prisoner has not been a customer—I do not think she has been connected with the market—I did not offer the Tuesday's half-crown in change to a gentleman, but my mother offered one on Monday morning before this one was taken—my mother took the half-crown out of my hand on Thursday—she said, "There has been a gentleman here, this is the third half-crown we have taken, and I am very glad my daughter has watched for you"—she gave them to the policeman at once—the prisoner was nearly the last customer on Tuesday morning, and I had not another half-crown in my pocket—I have a money-bag or pocket-under my apron, and I took the money out without lifting my apron—I do not know who paid the third half-crown—the gentleman to whom my mother gave it brought it back, but I was out and did not hear the conversation.
MR. COLERIDGE. Q. Were you going to empty your pockets when you found the first half-crown was bad? A. Yes, I only had that one half-crown—I first saw the prisoner on Saturday, but do not remember whether I took any money of her then, or what she paid.
Mr. W. SLEIGH. Q. Did she come in for breakfast on the Saturday in the ordinary way? A. Yes, and she may have given me the other half-crown—a good half-crown was found in the prisoner's hand, which she gave to the constable at once.
HENRY LEAKEY (Policeman, F 104). On 9th February I was called and took the prisoner in custody—she said nothing—I received these two half-crowns from Miss Giddy—she was searched at the station but nothing was found—she gave me a good half-crown in the shop.
Cross-examined. Q. Did she make any remark at the station? A. That she did not know bow she came by the bad half-crown.
The prisoners statement before the Magistrate. "I know nothing of the half-crown passed on the Tuesday.
GUILTY . She was further charged with a previous conviction of a similar offence.
JAMES BRANNAN . I produce a certificate (Read, Eliza Blair convicted at this court, September, 1863, of unlawfully having counterfeit coin in her possession. Confined fifteen months)—the prisoner is the person—I was not present at her trial, but I was in court after her trial, and spoke to your lordship respecting her antecedents.
Prisoner. I never was locked up in my life before, and defy any one to say so. Witness. I know her well.
GUILTY.— Judgment Respited.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
HENRY RICHARDS . I am assistant to Mr. Wilson, a draper, of 10, Cranbourne-street—on 8th February I served the prisoner with a pair of stays and she tendered Mr. Wilson a half-crown, who said that it was bad—the prisoner walked out of the shop with the half-crown—I followed her into a public-house in Bear-street and saw another female (Thomas) join her—I watched them into Mr. Saul's shop in Castle-street—a policeman went in after them—I remained outside and saw him take them into custody—I afterwards went back to Mr. Wilson's shop, and saw Mrs. Wilson give a half-crown to the policeman—I marked it at the station.
JAMES SAUL . I am a furniture dealer, of 68, Castle-street—on 8th February, between 1 and 2 o'clock, the prisoner and another female came for two chairs which came to 4s. 6d.—the prisoner gave me a half-crown, 2s. 3d. of it was for one chair, and 3d. deposit on the other—a policeman then came in and said, "What have you taken?'—I said, "Half-a-crown"—I showed it to him; it was in my pocket where there was only a penny besides—the policeman bent it, and scratched it with his knife, and said that it was bad—the prisoner was going towards the door with the chair but I said, "Come back, 'and the policeman took them and the half-crown.
HENRY ROUGH (Policeman, A 310). I received information and followed the prisoner to Mr. Saul's—I have heard what he has said; it is correct—he gave me this half-crown (produced), and gave the women in charge—I took them to Mrs. Wilson's who also gave them in charge—the prisoner delivered up a half-crown, a florin, and a sixpence at the station.
in charge—I took this half-crown from her (produced)—it was in her hand with some good money—she had to pass the street-door of the station—some coin was afterwards produced to me—on 9th instant I went to 15, Little Clarendon-street, and found in the back parlour a left-hand kid glove—Cain had given me a glove previously containing thirteen bad half-crowns—the two gloves are pairs.
CHARLOTTE CAIN . I cook and clean the offices at the Vine-street station—on Thursday morning, the 9th inst. I was cleaning, and found a glove behind the front-door—I swept it out, not thinking there was anything in it, till I had swept it two or three yards along the passage; I then looked at it, and found fourteen or fifteen half-crowns—I put the dirt into the dust-pan, and then looked into the glove, and found two more—I gave the glove to Sergeant Basin—this is it (produced).
COURT. Q. When had you swept the place before? A. On Wednesday morning.
HENRY WEEMES . I am a furniture dealer of 9A, Phoenix-street—the prisoner came to me and asked the price of a chair—I said, "Half-a-crown"—she tendered me a half-crown; I kept it a little while in my pocket; there was no other half-crown there—the policeman came in shortly after-wards, and I looked at the half-crown and found it was bad—the prisoner was out of sight then—I saw Mrs. Thomas outside the shop—I gave the half-crown to Leach, I believe.
WILLIAM WEBSTER . These three coins uttered are bad, and are of 1818, 1834, and 1846—this one uttered is-bad, and is from the same mould as the one of 1818—here are thirteen bad half-crowns in this glove, six of them are from the same mould as this of 1818, four from the same mould as this of 1834, and three from the same mould as this of 1846—these two others, which were found, are of 1818 and 1834, from the same mould as the others.
Prisoner's Defence. Thomas is entirely innocent of all knowledge of the transaction. I got these in paying my week's rent.
PLEADED GUILTY. (See next case).
MR. CRAUFURD conducted the Prosecution.
The evidence of Henry Richards, Henry Rudd, Charlotte Cam, Henry Weemes and William Webster, in the last case, was read over to them, to which they assented.
Thomas. Q. Did I ask the price of any article in your shop? A. You asked my judgment upon it.
Thomas's Defence. I keep a lodging-house at 15, Clarendon-street—last Saturday three weeks, this woman took an unfurnished room of me, and I afterwards went with her to purchase some chairs, but what she gave the man, I cannot say. I had no idea she had had coin in her possession, nor
did I know that I bad a bad half-crown in my pocket till I got to the station, when I handed it to the policeman.
COURT to DANIEL LEACH. Q. Did you find anything on Thomas? A. Yes; one of these bad half-crowns was in her right-hand—she did not produce it—I saw her shifting her hand about, and I seized it.
Brown's Defence. I gave her the half-crown on Tuesday, not knowing what it was.
BROWN, GUILTY .— Eight Years' Penal Servitude.
THOMAS— NOT GUILTY .
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution, and
MR. WARNER SLEIGH the Defence.
PRISCILLA WOOD . I live at 18, Wells-street, Hackney—on 27th January, about half-past 7 in the evening, the younger prisoner came in for some embroidery cotton, which came to sixpence—the tendered me a florin; I put it in a drawer where there was only sixpences and shillings, gave her the change, and she left—next morning, between 9 and 10, I found that it was bad—on the Saturday week following she was brought by a constable to my next door neighbour's shop, and I then gave the florin to the constable—I had kept it in a drawer by itself.
Cross-examined. Q. Had you ever seen her before? A. Once, when she came to make purchases, and paid me with good money—I shut up shop about half-past 8, because my daughter was ill—I have no servant—my husband never serves in the shop—the florin and the same amount of money were in the drawer next morning—I locked up the drawer before going to bed—I said at the toy-shop where the girl was taken, that the florin was by itself in the till; it was not with any other florin—I was going to make a purchase, fancied it was bad, and showed it to my daughter.
ELIZABETH MARTIN . I keep a toy-shop—on 4th February, about 8 o'clock in the evening, the younger prisoner came in and asked for some toy-spoons—I served her with a box of toys, containing spoons, which came to sixpence; she gave me a florin—I put it in my purse—I had no other coins there, as I took out what was there, two sixpences and two threepenny pieces, to give her change—about half an hour after she left I tendered the florin in payment in Hackney, and discovered that it was bad—I gave information and saw her at the station at half-past 10 the same night—I marked the florin, and gave it to the constable.
Cross-examined. Q. What happened after you took it? A. I went out, took it out of my purse, and tendered it to Mr. Whitehouse, who said that it was bad, but he never touched it—I took it up, put it to my teeth, and found it was bad—I put it in my purse again, and went straight home, and in about ten minutes or a quarter of an hour, Mrs. Peters, the hair-dresser next door sent in to ask if I had had such a girl in my shop—I went and saw the girl standing there.
ELIZABETH CAPON . My husband is a batcher, we live in Morning-lane, Hackney; there is no other butcher's in the lane—on 4th February, between 8 and 9 o'clock, the little girl came in for half a pound of suet which came to three halfpence—she gave me a bad florin; I gave it to my husband sent for a constable, and gave the girl in custody.
JOHN CAPON . My stop is in Morning-lane, about 200 yards from the toy-shop at the corner—on 4th February, I received a bed florin from my wife; I was in the shop when it was taken, but did not see the girl come in, as I was attending to other customers—I bit the florin in two, and sent for a policeman and gave it to him—I gave the girl in custody before she left the shop.
CHARLES EASON (Policeman, N 342). I produce a bad florin which I received from Mrs. Martin—I went to Mr. Capon's shop on 4th February at quarter to 9 o'clock, took the younger prisoner in custody, and received this other florin (produced) from Mrs. Capon—I asked the girl where she got it; she said from her mother—I asked her where her mother lived; she said, "41, Poland road, Wells-street, Hackney"—I asked where her mother was; she said that she was waiting at the corner of Mincing-lane for her—I went to look for her, but could not find her—I then went to 41, Poland-road, but did not see her—I took the girl to Mr. Edmund's who had received a florin, but destroyed it; Mrs. Wood came in and identified her—I took her to the station and received this florin (produced) from Mrs. Wood—I then went to 41, Poland-row, and found the elder prisoner—I told her her daughter was locked up for tendering two florins, and I should charge her with being accessory—she made no reply—as soon as we got to the station she heard the younger prisoner speaking to the station-sergeant in the cell—I placed the mother in the dock and she sung out, "Lizzie, I am here; say no more, don't open"—I did not hear that the girl made any reply—I only found a penknife on the mother; nothing on the girl.
Cross-examined. Q. Are these the only two prisoners you took in custody for this offence? A. Yes; but I saw her daughter—n-law, as I understood, in charge, but I did not charge her—Sergeant Busame took her in custody two nights afterwards, at 41, Poland-road; I was with him—he charged her with uttering a counterfeit florin—she said she knew nothing about it—I was not in the house all the time—I left, leaving the Sergeant and the girl in the house.
MR. COLERIDGE. Q. You have told us about another person being in custody, was that on a different charge? A. Yes; nothing to do with this—I did not hear the sergeant say anything to her concerning this charge.
ELIZABETH ALDRIDGE . I am single, and have lived with Matthew Neale, the son of the elder prisoner, as his wife for about eighteen months—I have been in trouble; he and I were convicted together of counterfeit coin—I had six months with him, and after that I went to live with my mother—I then left her, and went back to live with Matthew Neale—I was living with him at his mother's house when the younger prisoner was taken, but I was not at home at the time—I have lived in his mother's house as long as she has lived there; four or five months—I know that she is in the habit of sending her daughter out to change counterfeit coin, and the daughter brought back the change—I have seen counterfeit coin in the mother's possession two or three times a week as far as I can recollect—it was in paper packets; half a score as they call it, ten pieces—they were brought to the house by a Mrs. Tubbs twice or three times a week—I have seen her come, and have seen the packets opened by the elder prisoner, who handed them to her daughter, and sent her out with them to get change—that would occur perhaps every day—Mrs. Tubbs is a short, fresh-coloured person—I never knew the elder prisoner go out with counterfeit coin till that Saturday night—she never went out with her daughter—I did not see the mother go out on this night—I was out—she has given me one or two counterfeit coins to pass, and I have also received
them through her son; it is through him that I hare got into the disgrace and bother that I have—on 6th February I was taken on a charge of uttering counterfeit-coin; I was remanded and discharged—that was a different case to this—I am living with my mother now.
Cross-examined. Q. Who took you in custody? A. A sergeant; I believe there was somebody with him—I and the sergeant and the police-constable went out of the house together—I did not remain in the house with the sergeant after the constable left—I got into trouble, not for passing bad coin, but for being in Neale's company—I lived with him eighteen months off and on—Mrs. Tubbs gave me packets of counterfeit coin, and I have passed them—she is rather short and has dark hair and a fresh complexion—I did not send out the younger prisoner to buy anything and give her money to buy it with—I may have sent her on an errand, but not for draperies or ribbons, or to get change for any money—I have been out of prison four or five months—after I was led into this by Neale and ruined by him, I went back to live with him—the sergeant first spoke to me about this case, and I was taken before the Magistrate on some charge regarding counterfeit-coin on the same day as the prisoners were—I do not know why I was discharged—I do not know why or whether the police-sergeant had any thing to do with it—I did not hear him make any recommendation—after I was discharged that day, I went straight home with my mother and have not been away from her since—I told my mother that I had to meet the sergeant at night, but I never went—after I was discharged, I went into a public-house with my sister and another young girl—I cannot recollect any man going into the public-house with me.
MR. CRAUFURD. Q. Were you taken before the Magistrate on another charge the same day that the prisoners were taken up? A. Yes; I was remanded for a week—when I came up again I came up with them, but I had my trial separate on both occasions—it was a distinct charge at a different time of day—I was remanded and discharged—the sergeant said nothing to the Magistrate to get roe discharged that I am aware of—I heard all he stated—I did not hear him ask the Magistrate to discharge me—it was on the same day that I was discharged that I was to meet the sergeant—I did not meet him because my mother persuaded me not—I do not know why I was to meet him—I never met him, but he came to our house last Saturday and brought me a summons—there was only one case of uttering against me.
CHARLES BUSAME . (Policeman, N 25). On 4th February, I was on duty at the station when Eason brought the younger prisoner—a number of people there, identified her—I said to her, "Where did you get the counterfeit-coin from?'—she said, "Mother gave them to me; she stood at the corner while I passed them. Do not lock me up in a cell, fetch mother; if mother is not at home she will be at home by-and-bye"—I said, "You must have known they were bad"—she said in a flippant manner, "Of course I did"—I gave some directions to a constable, and soon afterwards I was at the extreme cell when the elder prisoner was brought in by Eason, and beard her shout out, "Lizzie, I am here; say no more, don't open"—the child said nothing—no money was found on either of them—I apprehended Aldridge on a charge of uttering a florin at a butcher's shop in Wells-street; there were two cases, but one of the coins was destroyed—she was remanded for a week, and a letter was received by the clerk from the solicitor to the Mint, which was shown to me—it stated that she was to be discharged—the clerk showed it to the Magistrate, and she was discharged—I asked her to meet me with the knowledge of the solicitor, but I was detained and could
not go—I afterwards went to the house where she lived and served a subpoena on her there.
Cross-examined. Q. Do you know why she was discharged? A. Simply because there was not a second case where the coin could be produced—I was asked whether there was any case and I said, "No"—I was not left alone in the house with her—the solicitor was not present when I asked her to meet me—I did not ask her to meet me at eleven or twelve o'clock at night—I have seen her since she was discharged—on the night she was to meet me she came to the station and I also saw her on the day of the last remand, not her own remand but after her discharge—she was remanded for a week and the prisoners also, and it so happened that she came up on the same day as the prisoners—when the mother said, "Lizzie, I am here, don't open, 'she was coming in at the door, she would be in the charge-room or the reserve-room at that moment—I did not take a note of what she said—she did not add the words, "Tour mouth" after Don't open, nor did she say, "Do not speak"—I went into a public-house with Aldridge and took her to her mother—I was to have met her that night at the railway station.
MR. CRAUFURD. Q. Was Aldridge taken on Monday, taken before the Magistrate on Tuesday, remanded till the next Tuesday and discharged? A. Yes, and on that day the prisoners were also brought up and remanded for a week—I knew that Aldridge had been living with the elder prisoner—I apprehended her in the same house—that accounts for my taking a subpoena for her.
The elder prisoner's statement before the Magistrate:—"I am quite innocent, with the exception of the one piece of money that was at the butcher's shop in Morning-lane. I went in and made a purchase of some tea and sugar, at the corner, and that is where I was when the child went, when I sent her to the butcher's. When I came out of the grocer's I could not see her, and thought she had gone home; then the person that I was nursing, the husband, came in for me to see to her for the night, and I went, and when I came back again the police-constable told me the charge, and I voluntarily went to the station-house to see what was the matter. I know nothing of any other charge against me, barring that one. I believe the child has been bribed to do this by her sister—n-law, in order to get halfpence."
COURT to CHARLES EASON. Q. Was she taken in custody to the station or did she go by herself? A. She was taken.
ELIZABETH NEWMAN, sen. GUILTY . **— Confined Two Years.
ELIZABETH NEWMAN, jun. GUILTY .— Confined Six Months.
PRESCOTT received a good character.— Confined Twelve Months.
SIDNEY ROBERT SMITH . I produce a certificate. Read: "Central Criminal Court, Edwin White convicted October, 1862, on his own confession, of uttering counterfeit-coin.—Confined Six Months." I was present, the prisoner is the man—he was in Newgate a fortnight.
GUILTY.**— Confined Eighteen Months.
OLD COURT.—Tuesday, February 28th, 1865.
Before Mr. Recorder.
297. GEORGE SMITH (37), was indicted for stealing whilst employed under the Post-office, a post-letter, containing 1 letter, 1 sheet of paper an envelope, and 31 postage-stamps of Her Majesty's Post-Master General.
MESSRS. METCALFE and PATTESON conducted the prosecution, and M: ORRIDGE the Defence.
WILLIAM BINGHAM . I am staying at an hotel in Leicester-square—on 16th January last I made up a letter, addressed to Mrs. Hopkins, Mr. Davis, Harrow—on the hill, Middlesex—I enclosed it in another envelope addressed in the same way—I then took it to the Post-office, in Castle-street, and there purchased half-a-crown's worth of postage-stamps; I had closed the letter, and not wishing to open it again, I put the stamps round it, and bought another envelope, a post-office envelope, and enclosed it in that, and then posted it at Castle-street, before twelve o'clock, mid-day—this is the letter (produced).
Cross-examined. Q. Are you quite certain that you enclosed all the stamps? A. Yes; I am sure I paid half-a-crown for them, and to the best of my belief the post-mistress gave me thirty; I did not count them, I was in a great hurry—if I had only received twenty-eight I should have observed it, because I should have seen the rough edges, or a hiatus, which there was not—the stamp I placed on the outer envelope was my own, not one of those I purchased.
MR. METCALFE. Q. Did you place that paper in the envelope, or do you know anything of it? A. I know nothing of it, and certainly never placed it inside.
WILLIAM GLAZIER . I am in the N. W. district office—if this letter was posted at Castle-street before twelve, it ought to have gone out from the N. W. district-office at twelve—it bears the stamp of the N. W. office, of 16th January, eleven o'clock—I despatched the bag.
Cross-examined. Q. There are the letters "W. C." are there not? A. "N. W. 'I think—yes, this appears to be 'W. C."—I am employed at the N. W. office—Castle-street is in the W. C. district.
MR. METCALFE. Q. That would be the district where it was posted? A. Yes; it would bear that stamp also—our stamp is at the back—Harrow is in the N. W. district.
ARTHUR WISE . I am a letter-carrier at Harrow—the prisoner was the principal letter-carrier there—I remember the mid-day mail arriving on 16th January, soon after two—the prisoner was absent that day and I had to take his duty—this letter was sorted to me—I was a Stranger on the prisoner's walk—I took the letter out for delivery, but could not find the person—I took it back to the office and gave it to the next man who was going out oil that delivery, I think it was Blake, to take it out on trial, as we did not know where to deliver it—the letter was then perfectly safe, fastened up.
Cross-examined. Q. Did the prisoner speak to you about this letter the next day? A. I can't say for certain whether he did the next day, but we had the letter before us several days—by us I mean the letter-carriers, myself, Blake, Warden and the prisoner—we did not know what to do with it—the prisoner sorts of an afternoon—the sorting is done in the same office that we are in—I am not on duty in the afternoon—the prisoner does
not live at the office—I can't tell whether the postmaster's attention was called to this letter—Mr. Gardner, one of the senior clerks in the chief office came down.
MR. METCALFE. Q. What is the course when there is a mis-sent letter? A. It is sent back to the General Post-Office—we should not call this a mis-sent letter, but a misdirected one—we could not find out where the party lived to whom it was addressed; we were endeavouring to do so—all our men had the letter out on trial.
STEPHEN BLAKE . I am a letter-carrier at Harrow—I remember Wise giving me a letter on 16th or 17th January—I think this is the letter, but 1 could not say—I never took it out"; if we have a difficulty in finding the person to whom a letter is addressed, it is taken back to the office and placed in the hands of the charge-taker the head letter-carrier, that was the prisoner; whatever he thinks proper is done with it—if it cannot be delivered the last that had it out writes upon it and hands it to the charge-taker, and it is sent back to the dead-office; that is what I have always understood—I did not give it to the prisoner.
Cross-examined. Q. Did you see it lying about several days? A. Wise handed it to me on the evening of the 16th; it was lying down and I never had it in my hands after—Mr. Kay is the postmaster, he is here—I did not call his attention to the letter, he had nothing to do with it—the prisoner did not speak to me about it—after I saw it it, was not my place to have it any more—it was handed to the man on the beat—there are four or five persons of the name of Davis at Harrow—if one man cannot find the per-son he would hand it to another—we should not keep it in our pocket—if we go out with a letter and the person cannot be found, the next time we go back to the office we give it up.
MINNIE DAVIS . I reside with my father at Harrow—this letter was in-tended for me—I sometimes have letters addressed to me in that way—I never received this letter; the detective brought it to my father's house—I have had a good many letters in the last two or three months, addressed in the same way—I know the prisoner—he has been in the habit of delivering letters to me addressed in that way.
JOHN GARDNER . I am one of the senior clerks in the General Post-Office—on 30th January I went to Harrow with Mr. Clare and Rumbold the officer—the prisoner came to the office while I was there—after some questions being put to him, Rumbold was desired to search him, and he took from his pocket this letter in precisely the same state it is now—the coloured envelope, containing a small note was enclosed in the outer envelope, and the postage-stamps were enclosed in this pillar letter-box bill; it is one of the office-forms—the envelope was torn open, as it is now and the other envelope was also open, but not the small inner one—I said to the prisoner, "Here is a letter which the police-officer has just taken from your pocket, how do you account for its possession"—he replied, I don't know anything about it, I suppose I must have taken it up with my pocket-handkerchief—I said, "But it has been opened, and here is another envelope enclosed, bearing the same address; and also some postage-stamps, wrapped in a pillar-box bill, all this could not have been done by accident"—he replied, "I don't know, I must have taken it up with my handkerchief or with some bills"—he was shown the envelope and asked where the person lived to whom the letter was addressed—he replied, "by the hill," or "over the hill, round by the pillar box, it is the first of four cottages"—after receiving that description I sent Mr. Clare.
Cross-examined. Q. How long has the prisoner been in the Post-office? A. About nine years—Mr. Kay, the postmaster, was not present when this took place.
MR. METCALFE. Q. Has the postmaster anything to do with the in-coming letters? A. No; he simply despatches the letters posted at Harrow—he has nothing to do with the letter-carriers—the prisoner was the principal person there for the purpose of the in-coming letters.
MR. ORRIDGE. Q. The postmaster is the head of all is he not? A. No, the prisoner is over the letter-carriers—Mr. Kay is the letter-receiver—I don't know what his salary is—the prisoner is the superior officer as regards the delivery of letters—the postmaster is not his superior; he has no control over the letter-carriers, only over the despatch of letters from Harrow.
MR. METCALFE. Q. Is the postmaster the person who sends off the bags? A. The letters posted at Harrow are collected by letter-carriers and brought to the receiver who dispatches them to London—the letters that go to Har-row come from the N. W. district-office—the letter-carriers at Harrow are under the superintendence of the prisoner—he is under the superintendence of the chief officer in London.
WILLIS CLARE . I am one of the inspectors of letter-carriers—on 30th January I was sent by Mr. Gardner to the address described by the prisoner—I there found Miss Davis—it was on what is called the London hill, one of four cottages, round by a pillar-box.
HENRY RUMBOLD . I am a police-constable, attached to the Post-office—I went to Harrow with Mr. Clare and Mr. Gardner, on 30th January—I searched the prisoner and took this letter from his pocket in the state in which it was shown to Mr. Gardner, all broken open.
GUILTY .— Five Years? Penal Servitude.
WILLIAM SMITH . I am a detective-officer—I was on duty in the neighbourhood of St. Paul's about eleven o'clock on the morning of 25th January—I saw the prisoner coming towards me in a very hurried manner, with this parcel under his coat—he was very restless with it, pushing it up and walking in a very hurried manner—he turned up Chapter-house court into Paternoster-row and up Ivy-lane—I went after him, he was running; I ran after him—as he was crossing Newgate-street I overtook him, laid hold of his sleeve and said, "I am an officer, what have you got here under your coat"—he said, "I don't know what you mean, 'and began to struggle—I said, "I must see what you have got there"—he said, "It is samples of barege"—I said, "Where did you get them from"—he said, "From Brixton"—I said, "I must see what it is"—we had a struggle—I got hold of the parcel and took it from under his coat—a ticket was attached to the end of it, which he instantly caught hold of—I tried to get hold of it; he struggled very violently and broke from me a short time—I called for help and he was stopped by the witness Hardy, within a few yards—after some difficulty I got him to the station—he was searched—no money was found on him—he was asked his address, which he refused to give—I lost the ticket in the struggle; so many persons got round, I don't know where it got to—I saw that it was a ticket like this (produced).
Prisoner. I did not say they were samples of barege—I said a piece of barege for sample.
Witness. I am positive he said samples of barege—the parcel contained about thirty yards of Orleans cloth—barege is a thin fabric.
THOMAS HARDY . I was present at the apprehension of the prisoner—I saw a large bundle like this in his hand—he tore a small label off it, threw it on the ground, and tried to get away from the officer—he struggled very hard—he got away a few paces and I laid hold of him.
Prisoner. Q. If the ticket was thrown on the ground why did not you pick it up? A. Because such a crowd got round and they trampled upon it; it was torn to bits—I did not say before the Magistrate that you swallowed the ticket.
FRANK DRAKE . I am warehouseman in the employ of Messrs. Hitch-cock and Williams—I know this piece of Orleans cloth; it is their property—I identify it by my own writing here, and also by a particular piece Cut out for patterns to send to customers—we took stock the last week in December—this piece was then in stock—I have not seen it since, till the officer showed it to me—there was a ticket on it of this description—this ticket is made expressly for us in Paris—I have examined the stock sheet and find a piece missing of exactly this length—I can positively swear we have not sold it.
Prisoner. Q. Do you invariably erase all marks on papers of goods that are sent out? A. No—I could not say that no piece of cloth goes out that has had patterns cut from it—we send out goods with the tickets attached—I have sold cloth of this kind many times last season, but we never send out a short length with the ticket on—we have more than one piece in the warehouse of the same length—other warehouses keep cloth of the same kind—this is the particular mark I swear to, the figures "40"—I can't say I may not have put those figures on other papers in the course of a number of years—it is the custom in all warehouses to cut patterns—this is peculiarly cut—I was obliged to refer to our stock sheet before I missed any cloth—I have never seen you before that I know of—we never send out this class of article in the paper in which it is kept in stock; we always put fresh clean paper—we are in the habit of selling cloth to parties to sell again—I think I should object to sell to a hawker, unless he was a respect-able man—I had not seen this piece for upwards of three weeks—hundreds of persons might pass through the warehouse in that time.
CHARLES MUDELL . I am a warehouseman in the same employ—on the morning of 25th January I saw the prisoner in the warehouse—I can't say the time exactly, but it was between 11 and 1—I was going up the stairs and as I got to the top I saw the prisoner leaving the department where the goods were taken from—I saw his face distinctly, and swear to his identity—I can't say whether he had a parcel or not—I have not the slightest doubt he is the man.
Prisoner. Q. You cannot swear to the cloth I believe? A. No—my attention was called to the loss the same day, when the detective came to the warehouse—I was not before the Magistrate on the first occasion, but several of our young men were there, and from the description they gave I was sure it was the man I had seen—I had never seen you before—when I went I saw you with seven or eight others and at once identified you.
The Prisoner's statement before the Magistrate was read, as follows:—"I can say that no person saw me take this piece of goods. I stated that I bought it from a hawker, I cannot prove it, because I have no receipt, nor can any disprove it, because no one saw me take it. The man who says it is his
property, declares on his oath that he had not seen it since December last, and they did not miss it till the officer went and asked them about it.
The Prisoner in his defence repeated the assertion that he bought the cloth of a hawker in the Brixton-road.
MR. F. H. LEWIS conducted the Prosecution, MR. MONTAGUE WILLIAMS defended Munday, and MR. METCALFE defended Dunks.
JACOB HERMAN EPSTEIN . I carry on business at 11, Newgate-street—on the evening of 9th February I left the premises about half-past 6, leaving them in the care of George Gall, a servant—when I came to business at a little after 10 next morning, I missed about fifteen dozen Morocco leathers, and about twenty dozen of roau leathers, sheep skins—the Morocco was worth about 50l., and the roan 32l—on the evening of the 14th February I saw the Morocco at the warehouse of Mr. Nevett—this is it—the roan leather I afterwards saw at the police-station—I do not know either of the prisoners.
GEORGE GALL . I am in the prosecutor's employ—on the evening of 9th February I left the warehouse about twenty minutes to 7—I fastened and locked the warehouse door—next morning I found the premises broken open.
JOSEPH RICKETTS . I am a plumber at Vauxhall—I went to repair the gutters of this house in Newgate-street on the morning of 10th February—I got there about a quarter to 7—I got the street door key from Mr. Brown, who occupies the lower portion of the premises. I then discovered that Mr. Epstein's warehouse had been broken open—the door was wide open—he occupies the first floor—I found a dark lantern inside the door—there was a mortice lock to the door—the outside of the door had been cut away and part of the door frame.
JOSEPH NEVETT . I am a bookbinder of 66, Snow-hill—I have known the prisoner Munday, I should say, more than twenty years—he came to my warehouse on 13th February, about 4 o'clock—(I had heard of the robbery at Mr. Epstein's before that)—he asked me if I wanted to buy any leather—he produced two or three pieces of Morocco—it was rather damaged by being carried doubled up, but I saw it was of good quality—I asked him what quantity he had of it—he said several dozen, and would I purchase the lot—I said that depended upon circumstances, how much was there altogether—he said he thought there was about twenty dozen, and it was quite right; he had to sell it on commission, and if I would take all the lot I should have it at 34s. per dozen—I asked him if it was all real Morocco, and of good quality, or was it like the skin he had brought with him—he said it was all good leather and quite perfect—taking them on the average they were worth about 72s. a dozen, I think; about 6s. per skin—some of it was worth perhaps rather more—I asked him again if it was quite right, meaning by that whether he had come honestly by the property—he assured me that it was quite right, that they were for sale—he then asked me when I would take them, or when he should bring them—I said he could bring them either that evening or the next evening, but I thought it would be better to bring them next evening—before he left I cut a piece
of the sample Morocco skin that he brought, which I afterwards showed to the police—Inspector—I asked the prisoner if he had any more leather—he said, "Yes"—I asked if he had a sample, or if he could bring me one and what the colours were—he said the colours were red and dark—I asked what quantity of roans he had—he said he thought about twenty dozen-ultimately it was agreed that he should bring the leather between 6 and 7 next evening—he came next evening between 6 and 7, and the bulk of the Morocco was brought into my premises—I opened them in his presence and examined and counted them—I saw there was fifteen dozen—I asked him as to the manner of payment for the goods—after some hesitation, he said he wanted them to be paid for in this manner, for the fifteen dozen at 30s. per dozen I was to give him a sovereign in money for himself and the other is a dozen I might give him how I liked—he said he would take a cheque for the fifteen dozen at 30s. a dozen, and the fifteen dozen at is how I liked—about that time the constable Rowland came in—the police took possession of the leather.
Cross-examined by MR. WILLIAMS. Q. Had you had dealings with Munday before? A. Once or twice—I think he first suggested the cheque—I asked him how he would like to be paid.
Cross-examined by MR. METCALFE. Q. Is he a pocket-book maker? A. I believe so—I can hardly say whether he is in the habit of buying and selling skins; although I have known him over twenty years, I knew very little about him—he lived next door to me twenty years ago—he has offered leather to me for sale before.
WILLIAM ROWLAND (City Policeman, 247). I had been spoken to about Mr. Epstein's burglary before 14th February—on the 14th I went towards the shop of Mr. Nevett—the side-door of his premises comes into Cock-lane, about fifteen yards up—I saw the prisoner Dunks waiting at the corner of Cock-lane—I believe he knew me—I knew him—he saw me and walked away up King-street towards Smithfield—I went into Mr. Nevett's shop and there saw Munday—I asked Mr. Nevett in his presence whether he had had any skins offered for sale—he said he had by Munday—I then asked Munday how he accounted for the possession of the skins which then laid in front of him—he said he had been employed to sell them on commission—I asked who employed him—he said he did not know—I said where did they come from—he said he did not know—I said his account was not satisfactory to me, I should take him into custody, which I did—on the way to the station, in Cock-lane be said, "I will behave like a man, I will tell the truth about it, a man of the name of Jemmy Dunks, living in Cow Cross, has employed me to sell them"—I then took him to the station and searched him—I told him I should go and search his place—he said, "You will find the other leather at my place"—I went and searched his place in company with another officer, and found in a back room nineteen and a half dozen roan skins, which we took possession of, and which Mr. Epstein identified—after taking Munday to the station I went back into King-street, where I saw Dunks standing opposite Cock-lane—I should think from twenty minutes to half an hour had elapsed between the first time I saw him and the second—I went up to him and said, "Your name is Dunks"—he said "yes, that is my name"—I said, "Do you know a man of the name of Munday?'—he said, "No I do not"—I said "Not a man that uses your house?"—he said, "Oh yes, I do, I know who you mean"—I said, "Did you authorize him to sell any skins"—he said, "No I did not"—he asked me what sort they were—I said some of them were Morocco skins—he said "It is out of my line, I don't know anything about any skins, I never
authorized Munday to sell any skins for me, I never had any transaction with him about Morocco skins"—I asked if he had any objection for me to search his house—he said not any—I went with him to his house, the Perseverance beer-shop in Turnmill-street, Cow Cross—I found some hides there, which he said were things that he used in his business as a clog-maker—he said he had lent Munday some money on the Monday evening (this was on Tuesday)—he did not say how much—I asked what he had lent him the money for—he did not say.
Cross-examined by MR. WILLIAMS. Q. Munday told you where he lived at once, did he not, when you got outside the door? A. No, not till we got to the station; I did not ask him; he told the inspector—he did not tell me I should find the leather there, until I told him I was going to search.
Cross-examined by MR. METCALFE. Q. Did you find that Dunks carried on the business of a clog-maker as well as a beer-shop keeper? A. Yes—I did not find anything there except such things as be would use in his business—he was not summoned to the Police-court as a witness—I told him he bad better be there—he went, and was on the first occasion called as a witness—he was again called as a witness on the second occasion—he was cross-examined by Mr. Williams, and also by Mr. Beard, for the prosecution—the Magistrate also asked him questions—after that he was given into custody—the Magistrate directed him to go into the dock—Mr. Beard did not propose that course—I did not hear him.
ROBERT WELLS . I am a coal and coke dealer, in Little Warner-street, Clerkenwell—I have a horse and cart—on the evening of 14th February, about half-past 5 or a quarter to 6, the two prisoners came to me—I had known Dunks before for a good many years—he never hired a cart of me before—I have drawn coals for him—Dunks said, "I want you to do a little job for me"—I said, "Very well, sir; if you will wait five or ten minutes, I will do it"—they waited outside the door talking till I was ready—Munday said, "You can weigh me up 2 cwt. of coals if you like, 'and when I came to put them in the cart, Dunks was gone, leaving Munday by himself—I said, "Where are we going with these coals?"—he said, "Into Margaret-street; I am going with you"—I took the coals, and delivered them at Margaret-street—Munday then said, "I want you to take these two bundles to Cock-lane, Snow-hill—"I said, "Very well, sir; are you going with me?"—he said, "Yes"—I put them in the cart—he said, "Go on; I will overtake you"—he got up in the cart, and rode with me to Cock-lane on the right-hand side—he said, "This is the place"—I undid the tail-board, and Munday took one bundle out, took it in the building and came down for the other—as I was going away with my cart, both the prisoners came up behind me, about three parts up Cock-lane—I had some-thing to drink at the top of the lane; Dunks treated me—neither of them said anything about settling for the cart—I have not been paid.
Cross-examined by MR. WILLIAMS. A. Did you know Munday before this? A. All I knew of him was by seeing him at Dunk's once or twice.
Cross-examined by MR. METCALFE. Q. Did not Munday tell you he would come round and settle with you? A. Yes—I have known Dunks for some time—I can't say whether he has been in the habit of lending money—I borrowed a sovereign of him once to buy a dog, and he also lent me 4l. once to buy a cart—I paid him back in a week—he did not ask for any security, and he had nothing for the lent of it.
The evidence given by Dunks before the Magistrate was put in and read. He stated that Munday, whom he had known about twelve years, came to him on the Saturday evening, stating that he knew of a job-lot of goods for sale, and
asking for an advance of 18l. to purchase them; that he lent him the money, but never saw the skins.
The prisoners received good characters.
MUNDAY— GUILTY .— Confined Nine Months.
DUNKS— GUILTY .†— Five Years' Penal Servitude.
MR. DALEY conducted the Prosecution, and MR. PATER the Defence.
THOMAS SMITH . I am cashier in the service of Mr. Charles Noah Foster, a builder, at New-wharf, Whitefriars—previous to 31st January, the prisoner was a labourer in our employ—when a labourer is discharged, for payment, he has a ticket given to him by the time-keeper at the job that he leaves, specifying the time that he has worked—I pay that on presentment—the amount I pay is regulated by the number of hours written on the ticket—I believe the prisoner was discharged on Tuesday, 31st January—he brought me this ticket (produced) on that day (Read: "Ray-street, January 31st 1865; Roach, 17 1/2 hours; labourer, at 4 1/2 d. 6s. 4d. J. Bacon.")—I paid that, believing it to be a genuine order—the pay for 7 1/2 hours would be 2s. 7 1/2 d.—it was found out on the following Friday, when the time-keeper's sheet was sent in.
Cross-examined. Q. How long had this man been working there? A. I can't tell—I believe he had worked, on and off, there for some time—the time-keeper is here—this is the same ticket that was presented to me by the prisoner—I don't know whether he can use the pen at all—I put two figures on it when I paid him—they are there now—I have no doubt it is the same ticket—he did not ask me if it was all right—I always make it a rule to ask the man what his time is, to see whether it corresponds with the ticket, and he called those hours, 17 1/2,—he did not ask me if it was all right—I have no ill-feeling towards him whatever.
JURY. Q. Does the time-keeper keep a book at his buildings? A. He does, and specifies the time on the ticket—the ticket is supposed to correspond with his book, and also with the time-sheet, which is sent in on the Friday—our week closes on Friday.
JAMES BACON . I was a time-keeper in the employment of Mr. Foster on 31st January—on that day, I gave the prisoner this ticket—it was then for seven hours and a half—I know this to be the ticket—since I gave it to him the figure 1 has been added—he had worked seven hours, and we allow half an hour to go for their money.
Cross-examined. Q. Have you a son? A. Yes; I have four—I had not a son at work on those premises—the eldest is twenty-eight, I believe, on 13th March—he is a tailor, and has the telegraph-office—I belong to the premises now, but I am not in Mr. Foster's employ at present—I heard afterwards that some ill-feeling existed between the prisoner and the foreman's son—I believe the foreman's name is Bilberry—he is still there—I know his son; he was on the same premises this morning—I was the cause of the prisoner's being at work that day—I don't know whether he can write or not.
CHARLES LIPPETT (City-policeman, 319). I took the prisoner into custody on 4th February—he said he knew that he had received too much money; he did not know about the ticket being altered; it was the same as be received it from the time-keeper.
GUILTY on the Second Count. — Confined Six Months.
He received a good character, and was recommended to mercy.— Confined Six Months ; and
NEW COURT.—Tuesday, February 28th, 1865.
Before Robert Malcolm Kerr, Esq.
MR. CRAUFURD conducted the Prosecution.
WILLIAM WILSON . I am barman at the Princess Alice, at Hoxton—on 28th January, between 4 and 5 o'clock, O'Neill came in for a pint of porter, and gave me a florin—I put it to my teeth, broke it, and told him it was bad—he looked at it, and said, "Keep it, 'and gave me a penny—I kept the florin, threw one part in the fire, and it melted—I gave the other part to 120 N.
JOHN SMITH (Police-sergeant, 22 N). On 28th January, O'Neill was pointed out to me in East-road, four or five hundred yards from the Princess Alice—I watched him, and saw him joined by the two female prisoners—they walked to the corner of Walbrook-place, where they all three stopped, and appeared to be conversing, and something was passing from hand to hand—I went towards them—they saw me coming, and ran away—I ran after the woman, and as I passed O'Neill, he caught me by the collar, and said, 'It is not the woman you want, it is me"—I released myself, and put him into the hands of the party who gave me information; but he overtook me and collared me again, and said, "It is not the women you want, it is me"—I released myself—Denton detained him, and I followed the women to a public-house, in the New North-road, and told them to consider themselves in custody, with a man, for uttering counterfeit coin—they said, 'We only had a drop of wine with him"—we took them to the station; and on Mary Ann Jones was found nine shillings, twelve sixpences, three groats, and fourpence, in copper, good money, by the female searcher, and handed to me—from information I received I went to Mary Teesdale's, 7, Walbrook-place—that is six or seven yards from the corner, and just where the prisoners were conversing—they were a yard or two further than Mr. Teesdale's door, and I was six or eight yards from it—they ran past it—Mrs. Teesdale gave me seven half-crowns and one florin, all counterfeit—she pointed out the place where she found them—it was on the spot where I saw the three prisoners stop.
O'Neill Q. Was I drunk or sober? A. You had been drinking.
MARIA TEESDALE . I am the wife of Mr. Teesdale, of 7, Walbrook-place, East-road—Mr. Chapman's house is at the corner of Walbrook-place, in the East-road—on 28th January, I picked up a two-shilling piece by Mr. Chap-man's door, and as I stooped, I saw a packet at the corner, which I also picked up—it contained seven half-crowns—I gave them to the constable, 22 N.
HENRY DENTON . I am a town-traveller—I was in the Princess Alice on this afternoon, and saw the prisoner tender a florin—the barman broke it in his teeth, and told him it was bad—he said, "Be sure and keep it; I know
where I had it from"—I saw him go out of the house, and from curiosity I followed him to the bottom of Murray-street, and round the corner he went up to the two women, said something to them, and then fell back—they went forward—I then saw Sergeant Smith, and told him the man was attempting to utter bad money, and I believed the women were belonging to him—we followed them round the Walbrook-road, and he went after the man—he tried to detain the sergeant, so that he should not take the women—I struggled with him; and when he saw the sergeant go after the women, he said, "So help me God, we are up now"—I took him to the station.
O'Neill. Q. Did you tell me you were a detective-officer? A. I did—I am not a detective-officer—I followed you from the Princess Alice—I did not see you throw anything away—you may have done so, but I should not think you did—I was close behind you—you told me to let you go—I did, when we got by the Stewart Arms, when I knew you could not get away—you said, "So help me God, I will knock your face in"—I took good care you did not strike me—I think you had been drinking—you were not drunk.
MR. CRAUFURD. Q. Do you say you don't think the man could have thrown anything away? A. I was close to him; I think I could have seen him if he had thrown anything away—I can't say whether the women threw anything away.
THOMAS MAJOR (Policeman, N 120). I received the male prisoner in custody from Mr. Wilson, the barman outside the Princess Alice—I received a portion of the coin—the male prisoner said, "If you will let me go, I will give you half a counter,"meaning half-a-sovereign—I found nothing on him.
O'Neill. Q. Was I drunk or sober? A. You had been drinking, but you knew perfectly well what you were about—I did not see you throw anything away—you could not have done so.
REBECCA DONOVAN . I am female-searcher at Hoxton Police-station—I searched Mary Ann Jones, and found nine shillings, six sixpences, three fourpenny-pieces, and 1s. 2d. in copper—in her dress-pocket—there were six other sixpences in the hem of her petticoat; I had to get a pair of scissors to cut them out—I gave the money to the police-sergeant in her presence—I found nothing on Jones.
O'Neill's statement before the Magistrate: "On the morning in question, I went into this public-house, and called for half a pint of beer, and a screw of tobacco. I produced a 2s. piece, and he took it up, broke it, and gave it back to me; I gave him back the broken part, and told him to keep it there; that I should go and get the man who gave it me, and bring him there. When I got outside of the public-house, I came in contact with two females whom I did not know—they asked me to give them some gin—I told them to mind their own business, I was not going to be robbed and pick-pocketed by them. I had never seen them before."—Mary Ann Jones says: "I don't know the man."—Elizabeth Jones says: "We don't know anything of the man."
O'neill's Defence. I unfortunately got this in exchange of a half-sovereign at the Royal Oak in Kent-street. I am innocent. I have never been in custody before, and never knew anything about these girls before.
Mary Ann Jones's Defence. We are innocent.
GUILTY .— Confined Twelve Months each.
MESSRS. CRAUFURD and ORRIDGE conducted the Prosecution.
SARAH ANN PAGE . I am the wife of Charles Page, and live with my father, who keeps the Hope and Anchor, 43, Earl-street—on Saturday, 14th February, the prisoner came for a glass of ale, and gave me a shilling—I laid it on a shelf by itself gave him 10 1/2 d. change, and be left—I directly found it was bad, put it on the shelf, and my husband marked it, and left it there—on the the 28th, the prisoner came again—my father served him—I saw the prisoner take up the bad shilling, and put his hand across his mouth—I believe be swallowed it—he then said you may fetch forty policemen now; I will lick them all, and you will find nothing on me—a police-man was sent for, and I gave him the first shilling.
Prisoner. Q. Did you see me offer the coin to your father? A. No; I came in directly afterwards—I saw him bend it—you took it up, placed your hand across your mouth, and put a good shilling on the counter directly.
JOSEPH BRADLEY . On 28th January I served the prisoner with a pint of half-and-half, which came to two pence—he put down a shilling—I put it in the detector, and it bent easily—he then picked it up and put down a good one—I do not know what he did with the first, for I was busy looking at the other—I heard him say that we might send for forty policemen; he would lick them all now.
JOHN WILKINS (Policeman, D 244). On 28th January Mr. Bradley gave the prisoner into my custody, and Mrs. Page gave me this bad shilling (produced)—I searched the prisoner, and found a half-crown, 6 1/2 d, in copper, and a duplicate.
GUILTY .— Confined Twelve Months.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
MARY ANN LUCY . I live at Mr. Crispin's, 43, Old-street-road—on Thursday evening, 26th January, about half-past 9 the prisoner came in for a penny pie—she gave me a shilling; she also had a penny and a farthing in her hand—I gave her 11d. change, and put the shilling on the back-board by itself—when she had gone, I found it was bad, and gave it to my master—on Monday night, 6th February, she came again, and asked for a penny mince-pie—I recognised her—she gave me a bad shilling—I called my master, and gave it to him—he marked it, and gave her in custody.
COURT. Q. Might it have been a half-penny and a farthing that she had in her hand? A. No; a penny—I am sure of that—there is no till in our place—I believed the first shilling to be good when I took if—I was very busy.
CHARLES CRISPIN . I was called in on the 6th February by the last witness to my shop—the prisoner was there—I gave her into custody with the bad coins—I saw her come in on the 26th—my shop-maid said she should know the woman again.
GEORGE ROFFEY (Policeman, N 413). I took the prisoner, and told her the charge—she said, "I did not know it was bad, I have more good money to pay for it"—the last witness gave me these two counterfeit shillings (produced).
The prisoner's statement before the Magistrate: "That young person has
made a mistake. She says I had a penny farthing in my hand; I only had an old half-penny and a farthing."
Prisoner's Defence. I was not aware that it was bad—I had the 6s. which I borrowed of a friend to keep us all the week, as my husband was out of work. I have borne a good character hitherto, and I should not forfeit if for the sake of a shilling. I am very sorry that it happened. I shall be more particular another time.
NOT GUILTY .
MR. CRAUFURD and ORRIDGE conducted the Prosecution.
JOHN GILROY (Policeman, G 126). I have got a certificate here signed by Mr. Bruce, a surgeon—I did not see him sign it; I do not know his writing—I saw Mr. Saddler yesterday morning serving at his bar—I have not seen him to-day—I don't know why he is not here—I received the prisoner from Mr. Saddler on 28th January with this counterfeit half-crown (produced)—he told me that the prisoner had given it to him in payment for a quartern of rum—he gave her into custody—I took her before the Magistrate—I and Mr. Saddler attended to give evidence—she was afterwards discharged on the 8th February.
Prisoner. I did not know it was a bad one.
ALFRED CHARLES PAGE . I am assistant to Mr. Rowe, a draper in White-chapel-road—on 15th February, the prisoner came to his shop—I served her with a packet of needles, and she gave me a shilling—I took it to the cashier, Annie Constable, and brought 11d. change, which I handed to the prisoner—she walked out immediately—in consequence of something Miss Constable said, I went after her, brought her back, and fetched a policeman—she was given into custody.
COURT. Q. When you overtook her, how far was she off? A. Just across the road—walking along, not particularly fast—I said to her, 'You have given us a bad shilling"—she said, 'A bad shilling, 'as if she was astonished—I said, "Will you come back"—she did not say anything—she came back with me at once—one of the young men in the shop said to her, 'How many more of these have you got?' and she said, "None at all"—that was all that took place.
ANNIE CONSTABLE . I am cashier to Mr. Rowe—on 15th February he called "Cashier," and I received this shilling—I gave 11d. change, and then bent it, and found it was bad—I marked it, and sent Page after the prisoner, who was brought back, and given in custody with the shilling.
Prisoner's Defence. I did not know it was bad.
NOT GUILTY .
JANE ROBINSON PLEADED GUILTY.**— Judgment respited.
MR. CRAUFURD conducted the Prosecution.
GEORGE LANGHAM . I am barman at the Mitre Tavern, St. Martin's-lane, which is thirty or forty yards from the Cranbourne Tavern; they are nearly opposite—one day in February the female prisoner came in with another woman; she called for half a quartern of rum, which came to threepence, and put down a bad florin—I said, "I will break it in two, and give it you
back; it is very soft"—the other female paid me with a sixpence—the male prisoner then came in, and a quarrel commenced between him and the woman—he called for a pint of beer, but did not speak to the female prisoner—he came in with a female who quarrelled with the female prisoner—I had them all four put out.
Samuel Robinson. I never saw you in my life till you gave your evidence against me. Witness. I am certain of you.
ELIZA NOBLE . I am barmaid at the Cranbourne Tavern, St. Martin's-lane—on 16th February the prisoners came in together—the female called for half a quartern of rum, which came to 3d.; she put down a florin down—I saw that it was bad before I took it up, and while she was drinking the rum, I said it was bad—the man had not drank any—he pulled out some half-pence and another florin—the barman, who was standing by, tried to get the florin, and the prisoner tried to get it away—I took it out of the female prisoner's hand; it was bad—I gave them in charge with both the florins.
Samuel Robinson. Did not I say, "Look at this; see if this is good?' A. No; you only took it in your hand with 3 1/2 d.
RICHARD DORE . I am barman at the Cranbourne Tavern—I was standing by the barmaid when the prisoners came in—she showed me a bad florin—I told her to detain it, and to open the partition door, and let me come round, because they made a scruple about paying for the rum—I said, "There is half a quartern of rum to pay for"—he pulled out some half-pence, and I saw another florin in his hand among the coppers—I seized it and the prisoners too—I held them tight while the barmaid Seized it, and got it from the woman—I then gave them in custody with the two florins.
Samuel Robinson's Defence. I gave my mistress what money I had, and we went to a singing-room, and had a drop of drink. We went home, and I said, "Jane, I feel very cold, I should like something to drink"—she gave me 2s., and I got something to drink—I did not know it was bad.
Jane Robinson. I gave them to him. I knew they were bad, I got them from a woman. I was the worse for drink.
SAMUEL ROBINSON.— NOT GUILTY .
The following prisoners PLEADED GUILTY:—
308. ROBERT COOMBS* (26) , to Burglariously breaking and entering the dwelling-house of Henry James Adams, and stealing therein 4 watches, and other articles, his property.— Fifteen Years' Penal Servitude. [Pleaded guilty: see original trial image.]
310. GEORGE WRIGHT** (38), and JAMES RICHARDS (29) , to Stealing 58lbs. of butter, and I basket, the property of Thomas Sheppard; Wright having been before convicted. WRIGHT— Confined Ten Years. RICHARDS.— Confined One Year. [Pleaded guilty: see original trial image.]
OLD COURT.—Wednesday, March 1st, 1865.
Before Mr. Justice Byles.
MR. ORRIDGE conducted the Prosecution, and MR. BESLEY the Defence.
EMMA BROWN . I live at 8, Barley-court, Drury-lane—my house is nearly opposite No. 3, where the prisoner lodged—on the morning of 24th January, a little after 2 o'clock I was going home—as I was returning up the court, I saw a man's cap fall down by the parlour-window, and immediately after that I saw the body of a man come out—he seemed to come out ail of a heap; I could not say whether he came feet first or head first, it was rather dark up at the end of the court—he came from the top-room window of No. 3; the second floor—he fell on the flags and groaned—I procured a light and called assistance; but before I had time to return, there were people in the court—there was a light in the room from the window of which he fell.
Cross-examined. Q. Amongst the people who had got there before you could get back with a light, was the prisoner one? A. No; I aw her when I was standing by the side of the man—I saw her come out, with Mr. and Mrs. Stevens; they came immediately, and in a minute or two the prisoner came—she came after we were standing in the court—it was a very cold night, snowing—she was dressed—she had a cloak on.
MARY STEVENS . I live at 3, Barley-court, Drury-lane—the prisoner lodged in the second-floor—on the morning of 24th January, between two and 3, I was in bed with my husband—I was awake—I heard the prisoner and a young man go up stairs—I did not bear more than the two footsteps go up stairs—as she went up I heard her say, "Come on, 'and he said, "All right"—it was a man's voice—I did not hear any more till I heard her say, "You shan't perform with me"—I then heard a heavy fall on the stones—I did not hear any sound of the window—I heard the groans of the man—I awoke my husband, and told him there was a man thrown out of window—two both got up and went out into the court—I saw a man lying there—I called to the prisoner for a light, and when she brought it I accused her of heaving the man out of the window—she said she did not, that he jumped out—I should think about three minutes elapsed from the time of my hearing the fall to the time of my getting the light from her.
FANNY CLARK . I am the wife of Mr. Clark, a baker, and live at 6, Cross-lane, Holborn—on 24th January I lodged at 8, Barley-court, Drury-lane, nearly opposite where the prisoner lodged—about 2 o'clock that morning I was going to bed—I opened the window to see if it was snowing, and hoard an altercation, very high words, in the prisoner's room—I could see it was her room, by the light in it—the voices were those of a man and woman—the angry words lasted about five minutes—I afterwards saw the window thrown open; I could not see by whom—I saw a man's round cap come out of the window as if it was thrown out, and then I saw the man's body come out in this way (leaning forward) with the head bent downwards and his hands down—I saw him fall on to the pavement and heard him groan—I ran downstairs—I heard Mr. and Mrs. Stevens calling to the prisoner three or four times, and telling her to bring a light—that was after I had got down—when she brought it she had her bonnet and cloak on—my room is on the first floor.
corner of Barley-court—I heard a groan and went up the court and saw a man lying on the ground senseless, bleeding from the head; his arm was underneath his body—I lifted his head up, and sent the witness Stevens, who lives in the parlour, in his shirt, to look for a policeman in Holborn—I held the man's head on my foot till the policeman came.
Cross-examined. Q. I believe you had seen the prisoner that morning before this? A. Yes; she then had the deceased arm—n-arm with her and another man walking by the side of her—I don't know that man; he had a high hat on with a hatband—they all three went right up the court.
MR. ORRIDGE. Q. Did—you see all three go up the court? A. Yes; I remained at the corner for a few minutes—I was larking round the corner playing at snowballs—Barley-court is not a thoroughfare—I was larking about till I heard the groans—I did not know the deceased—I heard his name at the police-court—I believe he had been drinking—I have known the prisoner two years—she lived in one of my mother's places—I did not see them go into the house; only up the court.
COURT. Q. What makes you say you believe he had been drinking? A. Because he staggered rather in going up the court—I was examined before the Coroner.
FANNY KELSEY . I am the wife of James Kelsey, of 3, Little White Lion-street—I knew the deceased—I last saw him on the 23d January at half-past 11 at night—he came into a public-house and made himself known to me—I did not know him, not having seen him for fourteen years—he came in with two young men—they had a pint of ale—we came outside and stood talking for a few minutes—he asked me if I would take a drop of something with him, and we went and had a quartern of rum and some warm water between four of us—he left me about half-past 12, or it might be a quarter to 1—he was then apparently quite sober and cheerful.
ROBERT WENSLEY (Policeman, F 36). On the morning of 24th January, I was on duty in Drury-lane about 2 o'clock—from something that occurred I went into Barley-court—I there found the deceased lying insensible on the pavement—the prisoner and various witnesses were there—Mrs. Stevens said to me that the prisoner was the woman that took him up-stairs—the prisoner heard that; she made no reply—I told her I should take her into custody for throwing him out of window—she said, "All right"—another constable took her to the station—I took the deceased to the hospital.
JAMES BRANNAN (Police—inspector F). From something that occurred on the morning of 24th January, I went to Barley-court, and found the deceased lying insensible on the pavement—I directed the last witness to take him to the hospital, and 37 F took the prisoner into custody—I took the charge against her at the station—after hearing the statement of the witnesses, I told her she would be charged on suspicion of having thrown ft man out of the second-floor window of No. 3, Barley-court—when I read the charge over to her, she said "He came home with me and another man, he and his friend had a few words in the room, the deceased said, I am used to this sort of thing, threw up the window, and jumped out—Mrs. Stevens was by, and she said, "Don't tell lies, Annie, you know there was only one man"—the prisoner did not say anything to that—I have since measured the height of the window; it is twenty-five feet from the cill of the window to the ground, and the height of the cill from the floor of the room is two feet seven inches.
Cross-examined. Q. Are there houses on both sides of the court? A. Yes; there are eight or ten houses in the court, I believe—it is a paved
court; it is in a turning called the Coal-yard, in Drury-lane—you go through the yard and then turn into the court—this is the last house but one on the left in the court—the width of the court is nine feet seven inches.
GEORGE STEVENS (examined by MR. BESLEY). When the prisoner came down and my wife said she had thrown a man out, she said, "I am sure I did not, for he jumped out"—she also said, "Where is his friend; where is the man with the high up hat?"
HUTCHISON ROGERS BELL . I am house-surgeon at King's College Hospital—on 24th January, the deceased was brought there between 2 and 3 in the morning—he was insensible, showing that he had received some severe injury to his brain; he was in a state of collapse—he spoke afterwards, but never became rational—he lingered to the second of the month—I made a post mortem examination—I found effusion of blood on the brain, and fracture of the skull and three of the ribs on the right side, and collapse of the lungs—the fracture and effusion was quite enough to cause death—they were the sort of injuries that might occur from a man falling from a window twenty-five feet high.
Cross-examined. Q. He partially recovered, did he not, and recognised his mother and friends? A. Yes.
MR. ORRIDGE. Q. Was he ever able to converse? A. No; he spoke, but not rationally.
COURT. Q. Did he say, "Yes," and "No"? A. He did; but he did not seem to understand the purport of the questions put to him—he was not at all a strong-built man.
WILLIAM JOHN LORD . I live at 3, King-street, St. James's—on 27th January, I went to King's College Hospital, and saw the deceased lying there; he was my brother—his name was Robert Lord—he was twenty-four years of age, of very slender build and very delicate habit—he was very thin indeed.
FANNY CLARK (re-examined). I did not see who threw the window open—there was no blind to it—there was a candle in the room—I could not see into the room—I was not directly opposite; I looked in a slanting direction—there are windows opposite; anybody could have seen plainly from there.
NOT GUILTY .
NOT GUILTY .
312. JOHN HYLAND (35), was indicted for and charged on the Coroners Inquisition, with feloniously killing and slaying Emily Jane Hyland. MESSRS. SLEIGH and ORRIDGE conducted the Prosecution, and MR. RIBTON the Defence.
TIMOTHY COX (Police-sergeant, K 45). About 6 o'clock in the evening of 23d January, I went to 23, Brook-street, Ratcliff, where the prisoner was lodging in a back-room on the first-floor—I saw him there with three children—there was an old chair in the room, and a bit of an old table, and in the corner of the room on the left-hand side, I saw two children; one was groaning and appeared very ill, one of those was the child that died—they were lying on a bit of an old mattrass, very scanty indeed, and an old oil-skin table-cover partly covering them—there was a very small fire; not more than you could put in your double hands—it was a very cold night; there had been snow, but it had thawed and was frosty again—I said to the prisoner, "Your name is Hyland?'—he said, "Yes"—I said, "You are the man that came from Heath-street?"—he said, "Yes"—I got a light and
looked at the children—I saw a quantity of lice crawling all over the faces of the two that were lying down, and very little hair on their heads—I got a candle and looked at the deceased child, and saw two holes at the back of the head, full of lice—the child was turned three years old—I said to the prisoner, "You ought to be ashamed of yourself, leaving your children in such a state"—"Oh!' he said, "the children are all right, we shall all die some day"—I then sent for some arrowroot, and had some made for them, which they ate ravenously, I could scarcely hold it in my hand for them taking it out of the basin—I then sent for the relieving officer and Dr. Ross, and they were removed to the workhouse; they were forced to have some brandy given to them before they could be removed—I have known the prisoner for some years working at the ballast getting, in the employment of the Trinity Corporation—he is a man of very drunken habits.
Cross-examined. Q. Had you seen him recently before this? A. Not for a month before—there was a small piece of bread on the table, about half of half a quartern loaf; about a pound and a half in weight—one of the children was six years of age, and the other, the boy, between eight and nine; the deceased girl was three years and six months; the other two children are now in the workhouse—the boy is here—he was examined before the Coroner—this was not a lodging-house—it is let out in apartments—I think there are about three lodgers in the house—I believe some one was lodging in the front-room first floor—the prisoner was sitting in the front of the fire when I went in—I have been told that his wife died about eighteen months ago—I knew her by sight—he was then living in Dorset-street, Commercial-road, Ratcliff—he was then in regular employment—I used to see him go to work occasionally—I have been in the habit of seeing him since; he did not seem to be very much troubled in mind, I had no conversation with him, and had no opportunity of saying one way or the other.
JOHN JAMES WILMSHORST . I am one of the relieving officers of the Stepney-union—on 23d January I went to this place, Brook-street, Ratcliff—I went to the first-floor back-room—I found the deceased child and another lying on a straw-mattrass, very dirty, covered with an old oil-skin table—cover—I looked at the child and saw it was ill—I asked the prisoner whether he knew the child was ill, and why he left them in that state—he said he did not think there was anything the matter with them materially; he did the best he could for them—I told him the children would have to be removed to the workhouse, was he willing to go with them—at first he was not willing, but afterwards he said he would go with them—previous to removing them, I went for the medical officer, who came and saw the deceased child, and said it must have some brandy and some extra clothing—the prisoner was in the room at the time—I procured a blanket and the child was taken away.
SARAH THORNDELL I am a nurse at the Limehouse-union—I remember the deceased and the other two children being brought there on the night of the 23d January—the deceased child was in a most deplorable condition in every way; it was filthy, and partly cold—the three children were all alive with vermin—I put the deceased to bed and gave it some nourishment—it died about half-past six the following morning.
JOHN BROWN ROSS . I am a member of the College of Physicians and Surgeons, and am one of the medical officers of the Stepney-union—on the evening of the 23rd January I went to Brook-street to see these children—I found the deceased child covered with vermin and suffering from disease
of the lungs—there was not sufficient clothing for it—in consequence of which I borrowed a large rug to wrap over it—I went for a cab and had it removed to the union, which I thought was the only chance of its recovering—before doing so, I was obliged to give it some brandy and water, in consequence of its being so exhausted—in my opinion the cause of the child's death was disease of the lungs—that would be produced by cold—of course it would require extra warmth—I should say its death was accelerated from the condition in which I found it—there was no fire in the room and no clothing for it—I should say its death was accelerated by the want of proper professional attendance and warmth—I think life might hare been preserved by proper attention and medical attendance.
JAMES STILWELL HAWKINS . I am a member of the College of Surgeons and medical officer of the Limehouse Union—on 24th January I saw the body of the deceased Emily Jane Hyland—I made a post mortem examination—I found disease of the lungs on the right side, of recent standing—on detaching the scalp I found that vermin had completely eaten through to the cranium, the scalp itself being one mass of disease—I consider the disease in the lungs to be the cause of death—the absence of warmth and necessaries in a child of that condition would unquestionably have accelerated the death—supposing the child had been properly cared for, the disease of the lungs in itself was not sufficient to cause death, not at that time.
Cross-examined. Q. I suppose the disease of the lungs might have been hereditary? A. I cannot say—it was acute inflammation—that has nothing to do with consumption—it is undoubtedly a pulmonary disease—if I had heard that the mother had died from disease of the lungs it would not necessarily follow that this was hereditary; it could not be; inflamation of the lungs is not hereditary—I never knew a case—this disease could not possibly have been derived from the mother.
JOHN HYLAND . I am nine years old next November—the prisoner is my father—the little girl who died at Limehouse was my sister—I remember the day that we were all taken to the Stepney-union—I remember living at Mrs. McCabe's in Heath-street—I don't remember how many days that was before we were taken away to the Stepney-union—there was some bread on the table that day—that had only been there one day—we had also had some ham and bacon and sausages on that day—we had nothing before that—we had some bread on the Sunday—that was the day before my father got the ham, bacon, and sausages—I don't remember what food we had before the Sunday—we had bread and butter—my father sometimes gave us plenty to eat and drink—I never complained to him—I have been with him when he has had money to spend—I never saw him spend any in drink when I was with him—I know the Blue Anchor and the White Bear—I never went there with my father; I have found him there—he was having some beer—that was at the White Bear and the Blue Anchor also—I went after him because my little sister bad been crying for him—we had food at that time—he came away with me home—I have been with my father to sell something—it was a bedstead—he got half-a-crown for it—that was on Monday, the very day in question—he bought some bacon, ham, and sausages with the half-crown.
Cross-examined. Q. Then you had a regular feast the day he sold the bedstead. A. Yes—my father has given me a little drop of beer and then gone home with me—he had sore feet and was not able to go out—they were very bad sometimes.
MR. SLEIGH. Q. Did you know him to have sore feet more than once.
A. Yes, three times—the last time was when we came into the workhouse—he Was able to walk about a little.
MARY ANN MCCABE . My husband and I reside at 105, Heath-street—the prisoner and his children resided at my house for twelve weeks up to Friday the 19th of January—they occupied one room—the prisoner was in good health during the time they were there—he was away at work part of the time—when he was not at work he was at home and in good health—the children were very often left without any food at all—the prisoner very often used to be out, at that time; I knew them to be without food, by sending up the young person who did for me while I was ill—in consequence of something I was told I went into the room that same day—I went very often into the room before I was ill—I was ill for five weeks—that was during the latter part of the time they were residing at my place—during the five weeks I was ill I did not go into the room—I had conversation with the prisoner on several occasions about the state in which the children were—the last occasion was on the Thursday at dinner-time at they left on the Friday—I told him of the state I found the room in—he said he could not do anything with them—I told him they were in a filthy state, covered with vermin, and without food—he said he could not help it, he had no work to go to—before I was ill I spoke to him about the condition of the children, and I spoke to him three times about it shortly before the Thursday—I told him the children were crying for food, and were literally covered with vermin—he said he could not do any more than he was doing, as he had no work, but he would take them away on the Wednesday—some persons came from the parochial authorities on the Tuesday—I did not see the children removed on the Friday; I was in my room—I remember while the prisoner was living there somebody coming to see him from the Trinity Corporation—I told him what that person said—he came on several occasions—the last time was two days previous to the prisoner leaving my house—the last week he was at work was the week before Christmas—he did no work afterwards—I told him that Mr. Moulton had called for him to go to work—he said he would go, but he never went, he stayed at home during that day—he was in perfect health, as far as I know—I can't tell how often that has occurred—as far as I observed he was always able to go to work—I have myself supplied the children with food.
SARAH KENT . I am a widow—the prisoner's wife was my daughter—he generally bad pretty good health—I visited the children when they were living at Mrs. McCabe's—I have spoken to the prisoner about his neglect of the children, and not giving them sufficient food as he ought to have done—the last time I did so was the week before Christmas—the children were in a very good state then, for I used to go and wash and clean them and wash their clothes—I did not see what food he gave them, but I knew by their appearance that they did not have what they ought—sometimes he would answer me and sometimes he would not—sometimes he would say he would tell the landlady to turn me out and not let me come into the place—they had sufficient clothes on them before Christmas—they had very good boots and shoes, till he took them off—I did not see him do anything with them—I had bought the boots for them—I know there was work for him to do if he had thought proper to have gone to it—I know he has been sent for to work and he did not go—I was not much with the children the latter part of the time.
Cross-examined. Q. His wife died about eighteen months ago? A. Twelve months last June—I don't know that he was very much distressed
since then I can't say anything about his being in great grief and affliction—I was living with them at the time she died—I remained up to within about a month before Christmas.
COURT. Q. How came you to leave? A. He was a man that would not go to his work, he neglected his children, and I did what I could for them—I distressed myself to the uttermost for them.
JOHN MOULTON . I am in the service of the Trinity Corporation, and live at 21, York-street, Ratcliff—I have known the prisoner about fourteen years as a lighterman—he was one of my crew—when working for me he would earn about a guinea a-week—he worked one week in last December and one week in January—I should say that was about a month before the inquest—sometimes he was away from his work three or four weeks and sometimes more than that—there was work for him to do if he had come—I have frequently gone to ask him to come to work—sometimes he would say he could not come, and sometimes he would not—I believe there were times when he was not able, but there were times when he was.
The Prisoner's statement before the Magistrate:—"The poor little infant that died had his mother's complaint from the time she was born. I have been bad several months myself, and have not been able to pay any one to look after it; many a day's work I lost on purpose to stop at home and look after it. When I was on the water I was afraid they would be burnt to death by the time I came home. I am very sorry for leaving them in such neglect, and that I did not send for medical advice before.**
NOT GUILTY.—The Jury stated they considered the Prisoner had been guilty of gross neglect, but that the gross neglect did not cause the death of the child.
MR. KYDD conducted the Prosecution.
HENRY CHAMBERS . I am a French-polisher, of 4, Essex-street, Hoxton—the prisoner is my wife—we have been living separate for some time—on the evening of 24th November she came to the door and knocked—I was called down stairs and as I came down and looked at the door she threw something out of a basin into my face, and I was burnt—I was taken to a doctor's at the top of the street, and from there to the hospital—we had been living apart about two or three months—I had been allowing her weekly money to live upon—I always allowed her a little, sometimes 12s. or 13s. a week, sometimes more, till about a fortnight before this happened, then I lost the business I was at, and was obliged to go journey-work, and I allowed her 3s. or 4s. a week—she was not satisfied, and went to the work-house, and I had a maintenance put upon her there of 5s. a week.
Prisoner. All he states is false; he saw me that morning, I went to his shop where he was at work, and he would not allow me one penny—he said if I came to his place again he would blind me—he has been twelve months living with a common prostitute at a brothel in Holywell-lane—he spent his money in nothing but gambling and keeping prostitutes—it was him that threw the vitriol over me, and I dashed it at him to save myself I have been three weeks in the hospital.
Witness. I did not throw it over her—she bought it at a shop at the top of the street—I have part of the basin in which it was, it was picked up and brought to the door after she threw it.
and am a member of the College of Surgeons—on 24th November, the prosecutor came to me—I examined his face—it was very severely burnt all over the left side, and he bad some burns on the left hand—he was in the hospital for a month—he is not under treatment at present, but he will have to be under treatment again—the injury was inflicted by some strong acid; I could not say what.
COURT. Q. What would do it? A. Sulphuric acid would do it; that is oil of vitriol—his sight is not affected at present, but it is likely to be, of one eye; it will be affected unless he undergoes an operation—he has contraction of the eyelids, which exposes the eye to dust, and unless he undergoes an operation, he will lose the sight—it is not a serious operation, but it is one that may be unsuccessful.
JOHN HAYNES . (Policeman, G 166.) I served a summons on the prisoner for an assault—she did not attend—a second was served—then she attended—the Magistrate remanded her, and eventually committed her for trial—she made no statement to me.
Prisoner. Q. I told you that my husband threw it at me. A. No you did not, you told that at the Court, not to me.
Prisoner's Defence. My mother can prove the state I was in that night. He has vitriol to use in his business. I was taken to the hospital, and was there three weeks; I have a certificate from the hospital. I have had dreadful illusage from him these three years, and have been in two different hospitals through him. He is living with a common prostitute now, that is the third woman he has lived with in the last twelve months—he never took out a summons till I went to the workhouse, and said he should keep me if be could keep another woman; when I have asked him for anything he bus kicked me double. Five nights out of seven he is at a house which nobody uses but thieves and gamblers.
MARGARET CURTIR . I get my living by going out to nurse sick people—the prisoner is my daughter—on the evening of Thursday, 24th November, she came to me blind with this oil of vitroil—I got cold water and was bathing her all night with cold water, and in the morning I took her to the London hospital—she was quite blind and all her face bursting out—she stayed three weeks in the hospital, and came home two or three days before Christmas—the prosecutor has been the most cruel creature to her that God ever created in beating and ill-using her—he is a French-polisher by trade.
HENRY CHAMBERS (re-examined). I was not present when she bought the stuff—the first doctor's I was taken to was where she had the first two-penny worth, Mr. Hughes, in Hoxton—he is not here—the clerk at the office said we should not want him, Mr. Haynes knows the same—I said I would find out where she bought it, I have made inquiry—I never use oil of vitriol in my business, it would eat off the polish, the same as it burnt my things—this is the waistcoat I had on at the time.
JOHN HAYNES (re-examined). I can't recollect exactly the date on which I served the first summons; it was after Christmas, I am positive of that—I have not made any inquiry at the London hospital, I never heard anything about it—I do not know whether the prisoner has been there or not—I have not inquired as to the person of whom she is said to have bought the vitriol.
GUILTY .— Ten Years' Penal Servitude.
MR. WOOD conducted the Prosecution.
MATTHEW GEORGE SHARPLEY . I am a dairyman, of 13, Regent-streel, Limehouse-causeway—on the evening of 3d February I went to bed about ten o'clock—the house was safe as usual—I did not myself see that the windows were down; I should have noticed if they had been open—there was no fastening to the windows; they were merely shut down—about eleven o'clock I was disturbed by the girl screaming out that there was some one in the house—I directly jumped out of bed and began to dress Myself and got a light, and presently the prisoner spoke and said, "All right, Mr. Sharpley, it is only me, I will explain it, have merely got in for a night's lodging"—I did not know him, it appears that he knew me: I know some member of his family—I opened my bedroom door and he was there—he had come down stairs—he began to explain himself—he said he thought it was an empty house, and he had got in at the staircase-window for the purpose of a night's lodging—he said he had shut the window after him, and it was shut—I found no property disturbed—the prisoner was quite sober—I did not notice whether the staircase-window was shut when I went to bed, it is a sash-window—the servant is not here.
EDWIN CLEAVE (Policeman K. 221). The prisoner was given into my custody, charged with burglariously entering Mr. Sharpley's house—he said, "I went and knocked at the front door, as I found no answer I went over the back wall and got on the top of the barn, over the barn and to the back window, where I lifted the window and went in, as I saw there were no blinds up I thought it was an empty house"—he said, "Mr. Sharpley when the girl screamed did I run away, did I not say, 'Mr. Sharpley, it is all right, it is me,'"—I searched him at the station and found on him this knife.
MR. SHARPLEY (re-examined). This knife is not mine.
Prisoner. It is a knife I use at my work. I always keep it in my pocket.
GUILTY .*— Confined Twelve Months.
There was another indictment against the prisoner for feloniously threatening to accuse Henry Walker of an abominable crime, with intent to extort money, upon which MR. LEWIS for the prosecution offered no evidence.
NEW COURT.—Wednesday, March 1st, 1865.
Before Mr. Recorder.
MR. WOOD conducted the Prosecution.
JOHN HAYWARD . I am a fish-salesman of Billingsgate-market, and live at 36, Bridge-house-place, Newington-causeway—from a statement made by the prisoner same time ago, I was induced to take him into my service as clerk—his duty was to stand by me in the market and book the fish while I took the money—on 21st January I was ill and delegated him to book the money and receive it also, and to bring it to me each day as soon as the business was over, which was generally eleven or twelve o'clock—on the day previous to the 27th he brought the book and accounted to me for the money which the fish realized; but on the 27th he did not do so, though my other two young men came—in the evening my wife brought the book which had been left at a public-house—this is it (produced)—on 27th he has entered 57l. 18s. 6d., as money received for fish—there also in his writing 13l. 12s.
received by the collector Viney on the previous day—here is also 1l. 4s. in the prisoner's writing, received for packages, and 22l. borrowed of three friends of mine, 15l. of which was borrowed of Mr. Pollock—I gave him authority to borrow money—I never saw him from the 26th till he was in Custody—I have paid 7l. which he borrowed, and I have to pay 14l.
Prisoner. Q. The accounts were all right on the other days were they not? A. Yes, with the exception of one day, when you told me you had to pay 6s. 3d. for breakfast at a coffee-house, and I have had it to pay since—I have not discovered that you have received any money which you have not entered—you appeared contented and happy—I did not want a clerk and only took you out of charity—I gave you liberal wages and was endeavouring to get you a situation—you told me that you suffered very much from nervousness—Billingsgate is certainly an exciting place—I sometimes have to take a stimulant when there—it was of great importance that you should borrow money of Mr. Pollock that day—I was satisfied with your conduct up to that day, and would have given you a character—I scarcely think it possible that you would have taken this money if you had been in your senses, but I heard that the day before you were in a coffee-shop, and offered to take a man with you for a spree the next day—I do not remember whether the cheques used to be crossed.
COURT. Q. Do you keep a banker? A. No, but I pass ray cheques through the London and Westminster bank—it is not a regular habit to have crossed cheques.
JAMES BRIGHT . I am a salesman to the prosecutor—the prisoner booked the fish as I sold them—on 24th, 25th, 26th, and 27th January I sold about seventy packages of plaice, averaging from 8s. 6d. to 12s.—I gave the money to the prisoner—we finished business about twelve o'clock—and I left the prisoner at ten minutes past twelve, and left Billingsgate about a quarter past two—the prisoner had the money in his pocket-apron and said that he was going to the bank—I saw him enter each packet as I sold it, and we checked them all—I saw him go away to the bank with Mr. Pollock and he said he was going there to change the money.
Prisoner. Q. Did I appear just as anxious to do good to Mr. Hayward that morning as on the other mornings? A. Yes; but you appeared very anxious to get shillings instead of sixpences on the baskets—you said that you had no sixpenny tickets and so you issued shilling ones—I said, "Have you no more sixpenny tickets"—you said, "No, 'but afterwards I saw some.
Prisoner. I think you are mistaken.
HENRY VINEY .—I am a salesman to the prosecutor—on 27th January I paid the prisoner 13l. 12s. which I collected in for fish which I had previously sold—I saw him leave at about ten minutes past twelve with the money in his pocket-apron.
Prisoner. Q. Are we not very often obliged to give shilling tickets when we have not got sixpenny ones? A. Yes.
HENRY POLLOCK . I am a fish-salesman in Billingsgate-market—on 27th January, from five to twelve o'clock I saw the prisoner, he had a quantity of money in his pocket, silver, gold, notes, tickets, and some coppers—I asked him to go to Lombard-street bank, and as we went he turned his pocket out in a public-house and I counted 48l. 10s., and a 5l.-note and some gold—the landlady of the house gave him a cheque for the 48l. 10s.—he said, "that cheque is not crossed"—she said, "No, we are not in the habit of crossing, but I will if you wish it"—he said, "No thank you"—he asked me to lend
him 20l. on Mr. Hay ward's account—I told him I had not got it, but I lent him 15l.—I then left him to go to the Bank of England to get the cheque changed—he did not ask me to go with him.
Prisoner. Q. Have you always seen me zealous and anxious to do every-thing for Mr. Hayward's interest? A. Yes, you appeared very anxious on his behalf as he was queer.—I helped you to count the silver—we only had one little drop of gin and water—I saw nothing particular in your manner when you went to the bank.
MARY ANNE PALLETT . I live with my father, who keeps the Bull, Upper Thames-street—on 27th January the prisoner brought some silver, and I gave him this cheque for 48l. 10s., which was returned to me in the usual way—it has been paid—after I began to write it I went back to him, to ask him if I should make it payable to Mr. Hayward, or anyone else—he said, "To Mr. Hay ward, the same as usual, 'and I turned away; he called me back and put two or three questions as to crossing the cheque—I said, "I will cross it for you, or you can cross it yourself; Mr. Hayward does not generally have them crossed"—he said, "I do not want it crossed."
Prisoner. Q. Mr. Hayward never had them crossed? Witness. Never.
ROBERT BRISKLAYER . (Policeman, M 167). On 6th February I met the prisoner in Buckingham-street, Strand, I knew him before—I asked him if his name was Ryland, and he said, "Yes"—I said, "I am going to take you in custody for stealing between 90l. and 100l. of your master, Mr. Hayward, you will have to go to the station with me"—he said, "Very well, I will go"—I saw Mr. Hayward and we got into a cab—the prisoner said, "I had the money, I got drunk and found myself next morning in the Haymarket, and I only had 12l. left, I must have got picked up"—I found nothing on him—he said, "Mr. Hayward, I deserve all I get, for you have been a good master to me."
Prisoner. Q. Was I sober? A. Yes; but you were perfectly delirious before the Lord Mayor, and had to be taken back to Bow-lane—I think you had delirium tremens.
Prisoner. It was only agitation. The officer who locked me up told me it was illness.
The prisoner, in his defence, stated that he received the money for the cheque, went into a public-house for some drink, and had not the least recollection of what happened afterwards, and on his recovery, found only 12l. in silver in the bag; that he had suffered from his head from his boyhood; that, being afraid to go back, he continued to drink, and became very ill and delirious; that it was impossible for him to have spent the 80l. in a few hours, and hoped, if set at liberty, to find that some one had taken it to take care of for him; also, that he had sent a man to Mr. Hayward to say that he was to be found in Buckingham-street, Strand.
JOHN HAYWARD (re examined). A man in business close to me came and said that he had seen the prisoner in the New-cut—I got up and went after him, and while I was out, a young man came and said that he was near Buckingham-street—I went there next morning, and found him in the hands of theofficer.
COURT (to ROBERT BRISKLAYER). Q. How came you to go to Buckingham-street? A. I was ordered to go there—I do not know from whence the information came.
GUILTY .*— Confined Eighteen Months.
MR. KEMP conducted the Prosecution, and MR. DALEY the Defence.
JOHN GEORGE DAVIE . I am a seaman—the prisoner and I were shipmates in the Royal Arthur—I came to London the day before this occurrence, and was at the Cock in Upton-court—that is not a public-house—there was a man named Dalton there—the prisoner came in when I was coming down the court, but never spoke—I followed Dalton, who ran into a house; and when I was coming out again, the prisoner came behind me, and stabbed me in the right side—I had had no quarrel with him, and never exchanged words with him till an hour before that—I was taken to the London Hospital.
Cross-examined. Q. Was the prisoner a seaman on hoard the ship with you? A. Yes—we all came ashore the night before—I slept at Well-street Sailors' Home—I did not challenge Dalton to fight, he challenged me—I did not offer to fight him for 5l.; I offered to fight for love, and he agreed to do so, but he ran away—this was outside the public-house—I did not say, "Come on, man, we have been quiet a long time, 'nor did I hoar any of the other sailors say so—I think the prisoner was struck, and his nose cut after he stabbed me—another sailor, named Frederick Saunders, did that—I did not hear the prisoner say, "Do not strike me, I am not worth striking"—I did not see him till he had stabbed me—when we were in Margate Roads, the prisoner attempted to strike me with a knife—no one had used a flat-iron or any kind of weapon before this commenced—I do not know whether Dalton is here.
JACOB SANDERSON . I was second mate on board the Royal Arthur—I was higher up the court than the prosecutor, and saw the prisoner drat a white-handled knife, go behind the prosecutor, and stab him in the right side.
Cross-examined. Q. What attracted your attention? A. The crowd and the row—there was a row, and people were gathering about—the sailors all came ashore the night before—they were all sober enough to know what they were doing.
GEORGE WELLER . I am house-surgeon to the London Hospital—I examined Davie, and found a punctured wound three quarters of an inch long and an inch deep, between the seventh and eighth ribs—it was such a wound as might be caused by a penknife—I believe he had two woollen shirts on.
COURT. Q. Did you say anything about a fork when before the Magistrate? A. Yes—that was before we arrived in London, in Margate Roads—the prisoner had a pronged fork in his hand, used for taking meat out of the coppers, and I told him not to do that—I cannot say what took place in the galiey between him and Davie.
GUILTY of unlawfully wounding. — Confined Twelve Months.
(The evidence was interpreted to the prisoner.)
JOHN DEATH . I am a jeweller, of Cheapside—on the Saturday evening before 6th February, I heard a noise in the street in front of my house—I went down into the shop, and found the window open—I missed a tray containing forty-one diamond rings—I went through Bow Churchyard into Cannon-street West, and at the end of Red Lion-court I saw the prisoner
stopped—I saw this tray and some rings in an area near the prisoner—they were part of the rings taken from my window—I have recovered all but one.
JOHN WILLIAMS . I am a coach-builder, of West Smithfield—on Saturday evening, before 6th February, I was in Cheapside, and saw the prisoner smash Mr. Death's window with his elbow, and take out a tray with rings in it—he ran down Bow Churchyard and fell down and dropped the tray between the bars of an area—I stood by his side, and a man wanted to know what I wanted with the prisoner—he jumped up and ran off again—a man caught him, and he was given in charge—I did not lose sight of him.
Prisoner. I had nothing in my hand. This witness has been telling the same trumped-up He as the former one.
THOMAS RICHARD BITHRAY . I am assistant to Mr. Death—I was in his shop on the Saturday evening, heard the window broken, and saw a man with the tray in his hand run up the yard—it was the prisoner—I ran out and followed him, with Mr. Williams—I am sure he is the person.
Prisoners Defence. Mr. Death, or somebody, must have taken forty-two ounces of gold from me, because I lost it when I was passing there. It must be Mr. Death; and out of spite that I could not get it, I broke the glass, and ran away. Mr. Death owing me this money and not paying me, I broke the glass. He does not understand Spanish, and that is the whole misunderstanding.
GUILTY .— Confined Twelve Months.
PLEADED GUILTY .
MARY ANN DAVADGE . I am the wife of George Frederick Davadge, of 76, Lamb's-Conduit-street—on 11th February, between 11 and 12 in the morning, the prisoner came into the shop to look at some things—he said that he did not like them, but would come again in the afternoon—after he had gone, I missed five umbrellas, which were close to where he stood—nobody else had then been in the shop—these (produced) are two of the five umbrellas I missed.
ROBERT GEORGE STEBBINGS . I keep the Yorkshire Grey, Eagle-street—the prisoner uses my house—he came there last Saturday fortnight, and brought two umbrellas—I gave him 9s. 6d. for them—I kept one, and gave the other to a friend—I afterwards fetched it back, and gave them both to the policeman.
Prisoner's Defence. I went into the shop, and asked the price of a hat; she had not one to suit me. I went an hour afterwards, and took two umbrellas. The man who gave information against me went an hour after and took the other two, and pawned them. I only took two, and an alpaca one.
GUILTY .*— Confined Eighteen Months.
McCASEY PLEADED GUILTY .— Confined Twelve Months.
MR. COLLINS conducted the Prosecution, and MR. PATER the Defence.
—I have some slight knowledge of McCasey—I met him once in Oxford-street—on 23d January, I met him opposite the Mansion House, and walked about with him for some time—we went to Newport-street, and thence to Portugal-street, where we arrived at a quarter to 11 at night—he was by my side, and some one came and took me by my arms—McCasey then thrust his bands into my pockets and took out a pocket-book, with a great many documents and several letters—they also took my cape—Marriott is not the person who held my arms; I passed him near Drury-lane Theatre, but nothing took place between him and McCasey—last Thursday week I went, with a sergeant, to a pawnbroker's shop, and got my cape—I received two of my bills again a fortnight last Saturday—I lost three—they were given up to mo by order of the Magistrate—here is one of them (produced)—I received it from Matthews.
Cross-examined. Q. Where is the other bill? A. I have made use of it—I will undertake to say that I saw Marriott in the street near Drury-lane Theatre, but he never spoke to me or to McCasey—I am quite certain I saw him that evening, and am equally certain he is not the man who attacked me; that man had a light overcoat.
JOHN MATTHEWS (Policeman, M 13). On 11th February, about 2 o'clock in the day, I took Marriott in Bedford-court—I asked him if his name was Marriott—he said that it was—I told him I was a police-officer, and wished to ask him some questions—I asked him if he knew a young man named McCasey—he said, "No, I do not"—I asked him if he had received a pocket-book containing several bills and documents of any one"—he said, "No"—I told him I had some reason to believe he had—he said, "You are very much mistaken; I have not seen anything of the kind"—I told him I must make some further inquiry, and was about to leave the house, when he followed me out into the court, and I said, "I will ask you again if you have received any bills or papers of any one"—he said, "No"—he then said, "Where is the young man you spoke of?'—I said, 'He is in custody"—he then said, "I think I know him, and I think I know where the bills are; but I suppose if I tell you, you will take me in custody'(I was in private clothes, but I told him I was a police-officer)—I said, "That will be an after consideration"—I asked him where the papers were—he said, "I have left them with a friend"—I said, "Where does that friend live?"—he said, "I cannot tell you that"—I asked him if he would show me—he said that he could not do so, but if I would let him go he would go and fetch them—I told him I could not do that, he must come with me to the station—after we got to the station, I told the inspector the charge against him—he then said, "If you will go with me, I will show you where the papers are"—I went with him to 9, Peter-street, Golden-square—he knocked at the door—it was answered by a female—he said to her, "I want those papers and pocket-book that I left with your husband"—she went upstairs and returned with the pocket-book I now produce; and among the papers was the bill of exchange, and another for 48l. 10s., which was given up by order of the Magistrate—the pocket-book was handed to the prisoner, and he gave it to me.
Cross-examined. Q. Did he tell you he did not know the name of the person? A. Yes.
CHARLES HORNER . I am a shoemaker, of 9, Peter-street, Golden-square—I have known Montague about four years—he brought me this pocket-book and papers about a fortnight before he was taken, and asked me to
mind them, as he was not going home just then—I am sure it is the same pocket-book.
Cross-examined. Q. What time was it? A. 10 or 11 o'clock; I was just going to bed.
GUILTY .—He was further charged with having hem before convicted in November, 1854; to which he
Ten Years' Penal Servitude.
MR. DALEY conducted the Prosecution, and MR. COLLINS the Defence.
GEORGE FITZJOHN . I am an usher of the Bloomsbury County Court—on 2d February I swore the prisoner in the case of Clark v. Richards—the plaintiff was nonsuited, and I produced a certificate of the judgment; it is under the hand and seal of the registrar of the Court—I do not think the Judge took any notes.
Cross-examined. Q. Do you remember the prisoner's face? A. I do.
SAMUEL CLARK . I was twenty-six years in the Grenadier Guards, and have a pension and a medal—since I retired from the army I have become the tenant of 4, 5, and 6, Wellington-street—I became tenant of No. 5 in September last, under Mr. Inderwick—I know that the prisoner formerly occupied No. 5—I took No. 5 under this agreement (produced), and entered in September—(This was dated 21st September, 1864, and was for a term of three years)—I entered into possession on 29th September—shortly before I entered the prisoner said that he should like to have the two kitchens, and give up the house to me, and be a weekly tenant, as he would sooner pay 5s. a week than 6l. a quarter, as he was in Mr. Inderwick's debt—I agreed to that, and he gave up the house to me all but the kitchens—he turned the lodgers who were in the house over to me; one in the top-room owed him 9s., and the one on the first floor 3s. 6d.—I paid him the 9s. and the 3s. 6d., and he gave me the keys of the two empty rooms—after a few days he gave me the keys of the shop, and took his tools down into the kitchen—from 8th October he paid me six weeks' rent—he was sometimes behindhand; he paid me 5s. a week for six weeks, but he paid me two weeks in one—I gave him a book for my receipts; I never got that book from him except to put the rent down, and I gave it to him back again—when he paid me the rent I wrote something in the book—the last rent was put down for November, but I believe it was December; it was for 20th December, to the best of my knowledge; it was 5s.—on 1st December I served him with notice to to quit, but ho did not do so—this (produced) is the plaint-note that I obtained in the County-court—it is under the seal of the Court—I attended on 2d February, when the cause was heard—I gave the same evidence that I have given to-day—I heard the defendant sworn—he swore that I was no landlord, and that he never paid me any money, and I had nothing to do with the house, that he never paid me a sixpence rent in his life, nor yet 5s.—I was nonsuited, and had to pay the costs—there is something in the agreement about my doing repairs, and 1 did the seven rooms in No. 4, and at No. 5—I did two rooms up and part of another—my landlord allowed me one quarter's rent for repairs.
Cross-examined. Q. How many times do you say the prisoner paid you money? A. Six times—I made an entry of that in a book which I have hero (produced)—here is, "15th October, paid by setting a copper, 5s.'—I do not count that as money; that was for work—the other entries were made a week afterwards, because he owed a week or two back—I made the
entry at the time I received the money, but I put it down to the date when it was due—he paid me in December as well, but it was put back for November—he had been tenant to Mr. Inderwick four years—I believe previous to my taking the house I only once received rent for Mr. Inderwick; that was some time between quarter-day and Christmas, 1864—I then received nearly 6l., I gave him something out—it was in October that I gave the defendant a book, and I put down the first week's rent—I received the book back again every time he paid—there were two lodgers in the house in October—one of them paid 2s. a week and the other 3s. 6d.—the rent of the house was 20l. a year and the rates.
Q. Will you swear that if he paid you any money at all it was not for Mr. Inderwick, for whom you acted as agent, your tenancy commencing at Christmas? A. My tenancy commenced before that, and the money he paid me was not simply on account of Inderwick—the prisoner is a lock-smith and copper-setter; he also makes water-tubs—his name is on the house still, as it has not been done up yet—I did not take a note of what he said at the County-court—I have had No. 6 better than four years, and Nos. 4 and 5 I had a week or two before Christmas—I believe Mr. Inderwick is not here—this 5s. a week was paid to me in Mr. Richards' front kitchen, in money, except the two jobs—Henry Hodges was in the kitchen at one time when the prisoner paid me money—when he paid me, he said, "Here is the week's rent"—the first payment was in October—he owed me more than two weeks—when he gave up the house to me, he said that he wanted to give it up because he could not pay the rent—he paid 24l. a year—there was no writing, but I paid him the lodger's money—I was in the front kitchen with him when he gave up the house—I do not remember whether anybody else was there—no writing passed.
MR. DALEY. Q. I think you say you took two weeks' rent out in work. A. Yes.
COURT. Q. What rent was it; when did the quarter's rent become due that you received from Mr. Inderwick? A. About six or eight months before that he owed Mr. Inderwick three-quarters' rent—that was the first quarter; he still owes two quarters—he said to me, "I owe more to him than I can pay now; I would sooner be a weekly tenant, because I can pay 5s. a week better than I can 6l. a quarter."
MR. DALEY. Q. Have you ever given Mr. Inderwick any of the sums of 5s. you have received since? A. No—I have paid the poor-rates, water-rate, and house-tax since September.
HENRY HODGES . I live at 6, Strickley-place, Camden-town, I am a potman in the morning, and work at whitewashing afterwards—about the beginning of November I was waiting for Mr. Clark to come in, as I was doing his room up, and he always took the key—Clark asked the prisoner, when he came, if he had got any money for rent—the prisoner said, "Here is 5s., that is all"—Richards had not got any ink, so Clark would not sign the book, but he said he would take it in-doors, and bring it back to him when he came out again—on another occasion they were talking about a copper, over in a public-house, and Clark said to Richards, "If I give you half-a-crown, 5s. will go towards the rent"—the copper was to cost 7s. 6d.—I saw Clark give him the half-a-crown.
Cross-examined. Q. Did the prisoner refuse you leave to go through this house? A. Yes; he said he would not let Clark's men and Clark come through his house—I never asked Richards for the keys—I will not swear that I did not ask him for the key of a little room which was locked up—
when Clark was not at home I used to go into Richard's kitchen and wait till Clark came—I took no particular note of the conversation because I always understood that Mr. Richards had given up the house to him—I have been a potman six months—I was once in a leather warehouse, and left because I got into trouble—I did hard work in one of Her Majesty's gaols—I robbed my employers, and got eighteen months—I came out eighteen months ago—I told Clark I was very sorry anything had taken place, because I did not not wish the man any harm—I never had any words with him in my life.
COURT. Q. Do you say that you have been repairing the house, and that Richards has the kitchens? A. I began in October—I did the two houses together, because the lodgers wanted to come in, and sometimes Mr. Clark would take me off one house to go and work at the other—it was about a fortnight ago last Saturday that the prisoner refused me leave to go through the house; it is since Christmas—I was going through the passage.
DAVID TAYLOR . I live at 13, Eversham-road, New-cross, and am manager to Mr. Inderwick—he is unable to come to-day—the prisoner was his tenant three or four years; he owes two quarters' rent now—Mr. Clark took the house from Christmas last—I was there when the agreement was made; it was granted from the following Christmas, but Clark was to have possession on Michaelmas day.
Cross-examined. Q. Have you seen Richard's name over the door? A. No; I have not been there—he did not give up possession to me.
WILLIAM LAWFORD . I live at 26, Castle-road, Kentish-town, and am poor-rate collector for this district—I called on the prisoner in November for the poor-rates—I delivered my notice, and he followed me out and said that he had no longer the house, and that the rates would be paid by Mr. Clark—upon that I went with my notice to Mr. Clark.
Cross-examined. Q. Was not what he said that he had nothing more to do with the rates? A. No; that he had given the house up to Mr. Clark, and he would pay the rates—he did not say, "Clark has chosen to come in and take my lodgers' money, and therefore he must pay the rates"—Richards has not paid any rates for the last two years and a half.
ELIZABETH ELLISON . (Examined by MR. COLLINS.) I was called at the Police-court for the prosecution, and have given certain evidence—Richards has never remonstrated with me for paying my rent to Mr. Clark, nor has he ever cautioned me—I have seen Clark since I appeared at the Police-court—I have not talked this matter over with him or spoken to him about it.
NOT GUILTY .
THIRD COURT.—Wednesday, March 1st, 1865.
Before Mr. Common Serjeant,
MR. COLERIDGE and MR. WARTON conducted the Prosecution.
MARY JUDD . I live at 29, East-street, Manchester-square, and keep a general shop—on 15th February, about half-past seven in the evening, the prisoner came for an ounce of tea and a bundle of wood, which came to 2d. she gave me a bad shilling—it bent very easily—I told her it was a bad
one—she went off with the shilling; I don't think she said anything—she left the articles she had bought behind her.
Prisoner. I was never in the shop at all.
COURT. Q. Are you sure she is the person? A. Yes—I had never seen her before that—I next saw her in the Court, a day or two afterwards, I believe—I knew her as soon as I saw her—I am quite sure she is the person—I heard that a bad shilling had been passed next door, and I went and looked in and saw it was the same woman.
ELIZABETH STEVENS . My husband is a baker, at 27, East-street, next door but one to the last witness's—on 15th February, between seven and eight o'clock in the evening the prisoner came and asked for a French roll—I told her I had not one, and she then said she would have two buns—she gave me a shilling, I gave her the change and she went out; I then found that the shilling was bad and ran after her—I brought her back and gave her in custody with the shilling—the prisoner said she got it from her employer—I asked her where that was and she said she could not tell me—the bad shilling was not bent.
Prisoner's Defence. I had no idea it was bad—it was the only bad coin I ever had in my possession—I bear a good character.
GUILTY . **— Confined Twelve Months.
325. CHARLES BARRY (22), JOHN GRIFFIN (19), GEORGE DEAN (18), WILLIAM BARRY (20), WILLIAM HENRY MORRIS (20) , Robbery with violence on William Baggott, and stealing from his person a watch his property.
MR. KYDD conducted the Prosecution.
WILLIAM BAGGOTT . I am coachman to Captain Poynter—on February 7th, at twelve o'clock at night, I was in York-street, Westminster, in conversation with Isabella Nash—Charles Barry, Dean, Morris, and Griffin came up together, Dean struck Isabella Nash without saying anything—I said, "Why did you do that, 'and Charles Barry immediately struck me in the eye and knocked me down, and the others, Morris, Dean and Griffin, struck me while I was on the ground, I don't know in what way—I had one kick in the eye—I had my watch with me that night—I saw it about five minutes before twelve—it was on my person when the prisoners came up—I have not seen it since—I called out when I was on the ground; Nash also called for the police—the prisoners ran away—I got up and found my watch was gone—I am sure about the four prisoners I have named being the persons—I don't mention William Barry—there were six or seven men altogether—I went and found a policeman.
COURT. Q. Were you much hurt? A. Both my eyes were black and I had a bruise on my head, a little blood came from my eye.
ISABELLA NASH . I was in York-street, Westminster, talking to the last witness—I saw Charles Barry, Griffin, Dean and Morris; Dean struck me on my breast—Baggott turned round and asked them who they were striking, and they immediately turned round, struck Baggott and took his watch—Charles Barry struck the blow; I am sure about the men—I did not know Charles Barry before, but I had seen Griffin several times—I am quite sure
that these are the men—there were six or seven altogether—we both called "Police!' and they all ran away but Norris, and he turned round and abused me and said very indecent things—he went off before the police came.
William Barry. Q. Was I there? A. No, I can't recognise you.
JOHN REDFERN . I am a groom—I saw Charles Barry and Griffin together in York-road, Westminster, about twelve o'clock or a little after, on the night of 7th February—they were facing the Black Horse, where Baggott was knocked down—I did not see him knocked down.
GEORGE PERUGIA . I am a decorator—I was in York-street on the night of February 7th, about ten minutes after twelve—I saw all the prisoners there and others with them—I saw Baggott struck by one of the men—I was standing a few yards from them, I saw their faces—they passed me first before they went up to Baggott—I saw that man (William Barry) he was amongst them, both brothers were together—I did not hear the call of "Police!"—I was afraid to go up too close in case I might have been served the same—I should say there were about ten of them altogether.
ARTHUR LAYERS (Policeman B 69). I apprehended Dean on 8th February—Charles Barry and Griffin were then in custody—I put Dean with three others dressed similar to himself and the witnesses identified him.
WILLIAM MORRIS (Policeman B 125). I took Charles Barry on 8th, at about quarter to one in the morning—I took William Barry previous to that and sent him to the station by another constable—he was not clearly identified then and he was sent out again—the prisoners were brought out together in the presence of Baggott, Nash, Redfern, and Perugia—they only clearly identified Charles Barry at the time.
Charles Barry. I am innocent. I never struck the man at all.
Griffin. I was coming along on this night and saw something of a row—I had no hand in it, and the next morning I was going to work and the prosecutor came and gave me in charge. I have never been in custody before, and always worked hard for my living.
Dean. I was at home at the time this was done; the landlord told the constable so.
William Barry. I was not there. I was taken out of bed the next night and the prosecutor swore to me.
CHARLES and WILLIAM BARRY, GUILTY . *— Confined Eighteen Month each.
DEAN Confined Eighteen Months.
GRIFFIN and MORRIS Confined Twelve Months each.
MR. PATER conducted the Prosecution.
WILLIAM PARSONS . I am employed by Mr. Todd, and live at 143, Milk-street—on 20th January I was in Mitre-court, Mitre-street, Aldgate, carrying a parcel containing six dozen parasol-frames—the prisoner asked me where I was going—I told him to Bow-lane, Cannon-street, West—he said he was going up there in a cart, and I, if I liked, I could go with him, and if I had a heavy load coming back I could put it in the cart—he said he liked company, and that he generally spent 6d. or 7d.—he also said his name was William Baxter—when we got up Mitre-street he said his cart was up there, and asked me to go up to the second public-house in Fen church-street, and ask them for some glass frames for Mr. Baxter's son—I said I had no objection and I went up the street—when I had got to the corner I had some suspicion of him—I turned back and saw that he was gone—I had left the parcel with him—it consisted of six dozen parasol-frames—I saw the prisoner
again three weeks afterwards, on 9th February, outside Worship-street—he had some tobacco, waiting for the prison-van to come, to give it to some of his comrades—I gave him into custody on this charge.
Prisoner. Q. What clothes did I wear? A. The same as you have now and a red comforter—you had a cap with the upper part hooked on to the peak.
MR. PATER. Q. Are you quite certain he is the man? A. Yes, quite sure.
JAMES TODD . I am an umbrella and parasol-frame maker, at 17, Wilmot-street, Bethnal-green-road—on 20th January I sent a parcel of seventy-two frames by the last witness—the invoice price of them was 2l. 10s.—I have never seen them since—the boy went away about ten and returned about a quarter past twelve with his father, crying—he made a statement.
Prisoner's Defence. I can produce the clothes I wore on the day the robbery was committed—I wore a spotted waistcoat, a striped handkerchief and a pair of cord trousers. I know no more of it or I would plead guilty.
MR. SLEIGH conducted the Prosecution and MR. TAYLOR the Defence.
JAMES WASTALL . I am a clerk in the Alliance Bank—Messrs. Rudolph and Philip Goldschmidt keep an account with us—on Saturday, 17th December last this order for a cheque-book was presented to me—on that order I gave a cheque-book, the numbers were from 13,701 to 13,800—this cheque (produced), comes out of the book I delivered that day—I did not cash the cheque.
Cross-examined. Q. You don't know the prisoner at all I believe? A. No; I think I might know him if he had his hat on.
RUDOLPH GOLDSCHMIDT . I and my partner Mr. Philip Goldschmidt carry on business in Fenchurch-buildings—we have an account at the Alliance Bank—the prisoner was in our service from February until May of last year—this order is not in my writing or my partner's, or written by our authority—I have a very strong opinion that it is in the prisoner's writing this cheque is not in my writing, or written by my authority—I believe it is the prisoner's writing.
Cross-examined. Q. Did not you give him a written character when he left in May? A. No; I believe my partner did—I have not seen it—I don't know whether it was a good one or not—I say the whole of it is in the prisoner's writing, it does not resemble my writing very much—the signature is an attempt to imitate mine, but it does not resemble it very much—we have two other clerks, they knew the prisoner's writing—he was in our service as office boy—I don't know his age—my partner is in London.
EDWARD FUNNELL . (Detective-officer). I took the prisoner in custody on 31st January—I stopped him in Paternoster-row and asked him if his name was Dickenson—he said it was—I said, "Your father lives in Beresford-street, York-road"—he said, "Yes"—I said, "My name is Funnell, I am one of the City sergeants of the detective force and I am going to take you on a charge of forgery"—he said, "Yes, I know all about it"—I took
him to the station and charged him—on the way from there to the Mansion-house I asked if there was anyone else concerned with him—he said there were two others persuaded him to it—I said, "What part did they take in it?'—he said that he wrote the order for the book and got it himself, and he filled up a cheque and got the money; that he was persuaded by two others who had shared part of the money—I asked him their names, he said that he could not tell me their names or where they lived—he said, one was "Dick's nick-name.
Cross-examined. Q. Do you know that this lad is of respectable parents? A. Very, I think—his father is a very aged man and a cripple—he is superannuated—I don't know what the prisoner was doing in Paternoster-row—I know that he had been about the streets, living first at one coffee-shop and then at another—he has been out on the continent and he had not a farthing to live on, and has got in debt at a dozen different places where I have traced him—he said he knew I was looking for him—he did not say two others did it and he afterwards had part of the money—he told me be wrote it in some reading-rooms in Phil pot-lane—I have not said that before—I have been there to ascertain—his brother told me that he had stated there were others concerned in it, and I asked him the question—he did not say, "There were two others did it and I afterwards had part of the money;' certainly not.
MR. SLEIGH. Q. Where is it you say he told you he had written it? A. At some reading-rooms in Philpot-lane—that was a voluntary statement in the presence of his brother.
GUILTY.—Recommended to mercy by the Jury on account of hit youth.
Confined Eighteen Months.
328. HENRY SCOWEN (24) , Unlawfully obtaining 1l. 14s. from Elizabeth Wragg, 1l. 10s. from Henry Silis, 1l. from John Blake, 1l. 14s. from Mary Stock, and 3l. 9s. from Charles Wilkinson, by means of false pretences.
MR. LAWRENCE conducted the Prosecution.
ELIZABETH WRAGG . I am the wife of James Wragg, of 7, Essex-street, Bethnal-green-road—about the beginning of September last, the prisoner came to me—he said he was a ship's carpenter, and that he had come from Australia from my son—n-law's, and he wanted lodgings—he said he had valuable things aboard: monkeys, parrots, crape shawls, and other valuables, and he wished to place them under my care, as my son—n-law said they would be safe—he asked me to recommend him a carman; I did so, a man who used to bring my son—n-law's things home, and he said, "I cannot fetch them, but I will recommend him to another carman, as my horse is ill, 'and he did so—just before he went away the prisoner said, "Oh! by the bye, can't you give me some money to clear the ship?'—I said, "I have only 14s., and that is my rent-money"—I gave him that—he said, "Can't you get some more?'—I said, "I will try"—he said, "I will be back in one hour, and give you double, when I am paid at 3 o'clock"—I went to a neighbour, and got 1l., and lent him that—I let him have 1l. 14s. altogether—I lent him the money from what he told me—I should not have lent him it if he had not told me what he did—I believed he was a ship's carpenter—he saw a model of a ship in the house, and told me John had not made it cleverly.
HENRY SILIS . In October last year, the prisoner came to me for lodgings—he told me he had come in a ship called the Phoenix, lying in the East India-dock—I believed it to be so—he represented himself as the son of a
man named Porter, who kept the Star and Garter at Portsmouth—I knew that man—he is a distant relative of mine—he said he had a lot of parrots, monkeys, and other things, on board, and I procured a cart for him from a man that I knew—the prisoner jumped into the cart to drive away—I was standing by the cart at the time—he jumped out again, and asked me if I could lend him some money to clear a lot of things he had aboard the ship—I asked him how much he wanted—he said, "Ten or twelve shillings"—I took a lot of money out of my pocket, and he said, "You might as well give me a sovereign as well"—I gave him 30s. altogether—I should not have parted with it, unless he had made that statement to me, that he wanted it to clear the ship—I never saw the prisoner again till I saw him in custody—I went down to the docks to make inquiries—I first looked in the list, and could see no ship of that name, except a gentleman's yacht for sale—I went to the docks immediately afterwards, but could not see the prisoner or the Phoenix.
JOHN BLAKE . In December last the prisoner came to my house—I had never know him before—he asked me if I could do a little job for him; go and fetch some things for him from the docks; he said they were boxes, and parrots, and monkeys—he went to the dock, and then came back with a paper in his hand, and asked me if I had got a few shillings about me—I asked him how much he wanted—he said, "A few shillings"—I might lend him 10s. or 1l.—I lent him a pound, and never saw any more of him—I lent that from what he told me; I thought it was all right.
MARY STOCK . I live at 21, William-street, Stepney—on 17th January the prisoner came to me; he said the last place be sailed from was Calcutta, and he had been a long voyage round China in a ship named the Phoenix—I knew there was ship of that name; I asked him what he wanted—he said "A lodging"—I asked him where he lodged last, and he told me the house, and I knew there was such a house—I asked him what docks he was in—he said, "The East India-docks, 'and he wanted a cart to bring his things away—he said, 'I am going to be paid off to-morrow at Mr. Green's home"—I said, "You need not be in a hurry"—he said, "I want them to go; they are ready to come away"—I went and got a cart—he said he had heavy things to bring; some tools, and he said he had some birds like I had, and some shawls, and different things that he was going to have from the apprentices—I got the horse and cart ready for him, and asked him if I should go with him, or my son—he said, "I should prefer some one to go"—I said, "Let my son go"—coming out of the house he said, "Have you got a little money that I can have?"—I said, 'How much do you want?"—he said, 'Oh, not much! just to clear the things!'—I gave him a sovereign out of my pocket—he said, 'Have you got any more?"—I said, 'I have 14s., and that is all I have"—he said, "That will do, 'and I gave it him—he showed me an account of carpenter's wages, 6l. a month—I should not have lent him the money, if I had not believed that what he said was true.
CHARLES WILKINSON . I live at 69, Caledonian-road—on 2d February, I met the prisoner in the Caledonian-road with a friend of mine, coming down towards the house—he engaged me to fetch some things from a vessel in the St. Katherine's-dock—I was with my horse and cart at the time—he mentioned two shawls and other articles—going along, he said if he had a little money he could make a little, by buying things from the lads on the ship before they were paid off—I lent him all I had in my pocket, which was 29s.—he said he would pay me when he was paid off—I waited outside the dock
house gate, and from there I went to a friend of mine, and borrowed 2l. on the same errand—the prisoner went with me to get the 2l—I did not find a vessel called the Phoenix—the vessel the prisoner pointed out to me was an outward-bound vessel—there was no vessel there that he was connected with—I gave him into custody.
JOHN PASSMORE MUMFORD . I am superintendent of police at the London and St. Katherine's-Books—on the afternoon of 2d February I went after the last witness, and found him very quietly sitting in his cart in our dock—a communication was made to me; having heard a description of the prisoner before, I waited and saw the prisoner and the last witness come back together towards the cart—I heard the prisoner say to him, "You go into the main entrance, and I will go this way"—the last witness jumped up into his cart, and drove to the main entrance—the prisoner walked a little way, then came back, looked down the street where the cart had gone, and then walked in a contrary direction—I sent a policeman after him, and he was brought back to my office—after he had heard the charge, I said to him, 'Shall I make inquiries in the dock as to this ship?"—he said, "No; I have got no ship, but a mate of mine has."
GUILTY .— Confined Eighteen Months.
MR. TAYLOR conducted the Prosecution, and MR. SLEIGH the Defence.
NOT GUILTY.—The Jury stated that there was no foundation for the charge, and that Connor, the prosecutor, had got up the case, and in answer to a question by the Court, they said that they believed the prosecutor and the constable, Cornelius Teham, B 70, had arranged between them what evidence to give to get the case up, whereupon the Court ordered Connor into custody on a charge of perjury, and severely censured the police-constable.
The following prisoners PLEADED GUILTY;—
330. JOHN WYATT (24) , to six charges of embezzling money from his master, Samuel Daniel Ewens, and also to stealing 3 purses, 2 books, and other articles, the property of his said master.— Confined Twelve Months ; and [Pleaded guilty: see original trial image.]
The Jury, upon the prisoner's confession, found a verdict of
GUILTY of unlawfully wounding.
He received a good character.
Confined Two Months.
OLD COURT.—Thursday, March 2d, 1865.
Before Mr. Justice Byles and a Jury competed of six foreigners and six Englishmen.
MR. SERJEANT BALLANTINE, with MESSRS. F. H. LEWIS and OPPENHEIM, conducted the Prosecution, and MR. MONTAGUE WILLIAMS, at the request of the Court, defended the prisoner.
ELIZA HANNAH SHAW . I am the wife of Frederick Shaw, of the Golden Anchor, Saffron-hill—I recollect the evening of 26th December last, and the fatal occurrence of that evening—I recollect my husband being struck that evening—it was, I should think, as near as I can recollect, between 6 and 7 o'clock—he was struck by Gregorio, the prisoner—Michael Harrington wag not near at the time my husband was struck; I saw him it may be about ten minutes or a quarter of an hour after—I saw Harrington and Gregorio together, by the door leading from the bar into the taproom—Harrington was in the act of going into the taproom, and when he got to the taproom-door, Gregorio took hold of him, and he raised his hand as if to strike him—he was in the act of striking him, and by some means or other Harrington was got away from him, and he (Harrington) went into the bagatelle-room—I saw no more of Gregorio; I believe he was in the taproom still; I saw no more then—I saw nothing of the stabbing that evening; I heard of it—as far as I know three persons complained of being stabbed; I have heard of no more; Harrington, Rebbeck, and Bannister—I saw Harrington carried through the bar—I can't exactly tell how soon after that I saw Gregorio again; it may have been a quarter of an hour or twenty minutes, I cannot tell—he came to the bar, and asked for his hat; his brother was with him; I knew the brother by the name of John—I saw blood on John's neck at that time—he was also without a cap—upon the prisoner asking for his hat, I opened the bagatelle-room-door, and asked if there were any hats there; Gregorio told me his cap was in the bagatelle-room—some one gave me two hats from the room, and I threw them over the bar to Gregorio and his brother—they took them, and went away.
Cross-examined. Q. Were you examined at the trial of Polioni? A. I was not examined; I was here, but I was not called—my husband is here to-day, and Mrs. King is here—I do not know Richard Mellership by name—I know a man named Liddle; I have not seen him here to-day—I know William King; I have not seen him here to-day—I saw Harrington taken out of the house as I was in the bar.
Q. How long before you saw Harrington taken out of your house was it that you say you saw Gregorio and Harrington contesting the one with the other in the bar or taproom? A. It was done all like one under the other; it could not have been twenty minutes from the beginning to the end—I had seen Polioni there previously; I did not see him when Harrington was taken out; he was taken into custody before Harrington was taken out—I saw him taken into custody—I did not see Gregorio there at the time Polioni was taken into custody—I did not see him taken; I saw him brought through the bar—I saw nothing in the bagatelle-room whatever—I saw nothing of what happened there.
GIOVANNI MOGNI (interpreted). I am a brother of the prisoner—I have been in this country ten years—I am a frame-maker; we are both looking—glass frame-makers—I know the Golden Anchor in Saffron-hill—I was there on 26th December, from 6 o'clock till about half-past—I saw my brother there; he had some dispute with the landlord—I was in the bagatelle-room that was after the dispute with the landlord—my brother and a person named Marazzi were in the bagatelle-room besides myself.
COURT. Q. Were you, your brother, and Marazzi together at the same time in the bagatelle-room? A. No; first I saw Marazzi come into the bagatelle-room, after I was in—they were beating me.
MR. SERJEANT BALLANTINE. Q. Were there any English in the room? A. About sixteen or eighteen Englishmen were in the room.
Q. Who went into the room first of you three? A. Me, Marazzi, after-wards, and my brother after that—I could not count how many English there were there, but I believe form about sixteen to eighteen, according to my guess—a disturbance took place—I went first to the door of the bagatelle-room, the door opened, and they began to hit me with sticks.
COURT. Q. Do you mean that you went first to the door leading into the bagatelle-room? A. I went first to the door to keep it shut; I was outside the door at first.
MR. SERJEANT BALANTINE. Q. Did they begin striking at you before Marazzi had entered? A. Yes; they struck me before Marazzi entered—being outside and pressing against the door, I got in—directly I got into the room I received a blow on my head—I received more blows than one; blows and kicks—my face was all covered with blood; I have got a scar on my head now—I saw my brother pull out a knife, and rush up to me and begin to stab right and left—I said to him, "Brother, they kill me! 'they were beating me and I saw my brother use the knife—he used it in this way, as he could.
Q. Did you see whether he took the knife out, or whether he had it in his baud? A. I saw him put his hand in his pocket and pull out the knife—I know Harrington; he was always in the house.
Q. Did you see anything happen to Harrington? A. Harrington was standing there in the row, but I really cannot say who they were that received the blows—I know my brother's knife—this is it (produced)—I went outside by the door of the parlour—that is a different door from the one I entered; it goes into the bar, and from there you can go into the dancing-room—I left my brother behind in the bagatelle-room.
Q. Did you see Polioni there? A. I did not see him; he was not in the bagatelle-room—I left my brother and Harrington behind me in the bagatelle-room—I did not go back at all—up to the time I left, Polioni was not in the bagatelle-room—I had a hat on when I went into the room, and so had my brother—they were left in the bagatelle-room—I got mine back again about ten minutes after—I saw my brother take his hat at the same time—I saw him after that, close by the house where we used to live; at Mr. Angelinetta's, in St. John-street—that was about half-past 7 or 8—I did not know that my brother was going to leave London that night—I saw him about 8 o'clock in the morning at Mr. Manzoni's, and told him that he had used the knife—I said nothing else—I heard that he was going into the country; he did not tell me so—I afterwards received the wages that were due to him, 3l. 17s.; that was on the Thursday—I was not examined at the last trial.
Cross-examined. Q. Have you known Polioni or (Pelizzioni) for some time? A. Yes; I heard that he was charged with this murder—I did not come here at his trial—I know Rebbeck—I saw him at the bar before the disturbance began—I did not say anything to him—I did not tell him to get back, that the Italians were coming—I am at present in the employment of Mr. Gatti, the gentleman who is interpreting—I have been in his employment two weeks—at the time Harrington was stabbed I was in the employment of Mr. Angelinetta—I left him on the Friday in the week the row took place—I left London after that—I returned a fortnight last Monday—nobody fetched me back to London—I was not called when my brother was charged before the Police-Magistrate.
MR. SERJEANT BALLANTINE. Q. What is Mr. Gatti? A. A barometer and looking-glass manufacturer.
MR. WILLIAMS. Q. What was the nature of the weapons with which you were struck; what sort of sticks? A. Round sticks, as thick as that (describing it with, his hands), and about this length (about half a yard).
PIETRO MARAZZI (interpreted). I am a looking-glass silverer, and reside in Fleur-de-lis-court—I work in Bleeding Heart-yard—I was at the Golden Anchor on the 26th December; I went there between 4 and 5 o'clock—I saw Gregorio there—I did not take any notice about the time that I first saw him there; it was after I was in a little while—I recollect the landlord being struck; that was about between 6 and 7 o'clock—it was Gregorio who struck him; be took him by his chest and gave him a slap in the face—I saw the landlord after that go round the bar to go into the bagatelle-room—I saw Gregorio go into the bagatelle-room—I myself went into the bagatelle-room—I saw John Mogni, the prisoner's brother, go in—after I saw Gregorio attacking the landlord, and he went round to go in by the bagatelle-room door, Gregorio made up to the door of the bagatelle-room, and he and I got in first—when I went in the prisoner's brother was already in.
Q. Can you give any notion how many English were in the bagatelle-room when you got in? A. Altogether there might have been about twenty; three Italians, and all the rest English—I did not see any knife in the prisoner's hand when he went into the bagatelle-room—his brother was near the bagatelle-board when I went in; they were beating him with sticks—after Gregorio had been in the room two seconds I saw him with the knife in his hand—I said to him, "Gregorio, for God's sake put away that knife!'—he said, "Let me do, otherwise we will not go out of this room alive"—I saw he had the knife in his hand like this (describing), but I did not see him use it—after that some one took me by my collar at the back and pulled me out.
Q. At the time you were pulled out of the room, did you see Polioni in the bagatelle-room? A. No.
COURT. Q. Did you see him at all in the bagatelle-room? A. No.
MR. LEWIS. Q. Did you that same evening meet the prisoner in Cross-street? A. Yes; that was from a quarter to about half an hour after I had seen him with the knife in the bagatelle-room—he drew his arm round my neck and said, "My dear Marazzi, what have I done?'—I said, "You used the knife, eh?'—he said, "Yes; I stabbed three or four"—he also said, "Good-bye, I am going home; good night."
Cross-examined. Q. Are you an intimate acquaintance of Polioni's? A. Yes; I know him as a friend to speak when we meet—Rebbeck is here today, and I saw Mr. Shaw, the landlord, outside—I do not know a man by the name of Mellership—I might know him if I was to see him, but I don't know him by name—I am quite sure when I went into the bagatelle-room, that there were two other Italians in the room besides me—I did not see Gregorio's brother go out of the bagatelle-room—I think the sticks they were using were about that length (about three-quarters of a yard), but directly I got in at the door, they began to beat down upon me—when I entered the room Gregorio's brother was in this position, stooping—he was all bleeding all covered in blood; his face was covered with blood, the blood the coming rolling, streaming down his face—I would not be sure how many men were armed with sticks, but there were twelve or thirteen that had the sticks.
GIOVANNI MANZONI (or Marizzioni). I live at 1, Frances-court, Bickley-street, Clerkenwell, and am a looking-glass frame-maker—I know the prisoner very well—I saw him on the night of the 26th December—he came to
my place about a quarter to 10 o'clock at night—he asked me whether I would allow him to sleep on the shavings—I said, "Very well, 'and showed him the place—I asked him whether he had left his master—he said, "No; worse than that"—I said, 'What have you been up to?"—he said, "We were all at the Anchor, we Italians, and we had a fight with the English; they opened the door to come out with their sticks from the bagatelle-room, and they gave me a crack on the head, and I put my head down and rushed in, and they kept on knocking me about in an unmerciful manner; they were all knocking me about in an unmerciful manner, that I pulled out the knife and I stabbed three or four, and if I had not done it I should have never come out of the room alive, I should not have been here to tell you"—I said, "Do you know you will have to suffer for this?"—he said, "Well, I could not help it; if I had not done so, I should not have come out, repeating the same words again—I asked him what had been the origin of the disturbance, and he said, "I had a few words with the landlord, and I struck him in the face, and he went away, and I heard no more for a while; then they rushed out with the sticks"—he slept on the shavings that night; I left him there—I did not see him again till I saw him in custody.
Cross-examined. Q. When did you first make the statement that you have made to-day? A. I made the statement to Mr. Gatti, I believe, about 11 o'clock in the day that Seraphini was committed for trial—I was called as a witness on his trial.
MR. SERJEANT BALLANTINE. Q. And I may take it that any statement made to you by Gregorio would not be evidence on the trial of another person? A. No, I was not allowed to give my evidence; I was stopped.
ROCIO ANGELINETTA . I am a looking-glass manufacturer—the prisoner was in my service on the 26th December—I had not given him any notice to quit, nor had he given me notice—3l. 17s. was due to him at that time for wages—he ought to have come back on the 27th—he boarded and lodged at my house—I have not seen him since, only once, until I saw him at the Clerkenwell police-court—in the ordinary course of things I expected him to return to sleep at my house on the evening of the 27th December.
Cross-examined. Q. How long have you known the prisoner? A. Some five or six years altogether—he bore a good character—I never heard of any-thing against him—he was in my place for eleven months and ten days; during that time he conducted himself with propriety.
DOMINICO CETTI (interpreted) I reside at 40, Hatton-garden—I am a frame-maker—on the 26th December last I was at Bordessa's public-house, the Three Tuns, in Cross-street—that is about two and a half or three minutes walk from the Golden Anchor—I was there from three o'clock till after seven—I recollect the prisoner coming there about seven o'clock—he called me into the passage and said, "Be so kind to hold this knife"—he had a knife in his hand, and he told me to be so kind to keep it—I asked him what he had done—he said, "I have been in a row at the Anchor, and I am afraid that they will find the knife on me"—I took the knife from him and threw it in the yard, in a urinal—it was about the same shape as this (looking at the knife produced), but I did not look at it properly.
THOMAS COWLAND . I am potman at Bordessa's—I recollect finding this knife on 27th December in the yard, covered with urine—I picked it up, opened it and put it in my pocket—I afterwards saw it in the possession of Inspector Potter—there was something on it; I could not say whether it was rust or blood.
JURY to DOMINICO CETTI. Q. In what state was the knife when it was
given to you? A. I did not take any notice; it was shut—I did not take any notice whether there were marks of blood on it—I did not see any blood.
CHARLES DURRANT PEERLESS . I am a surgeon—I attended the deceased man Harrington—he had a stab in the abdomen, the knife penetrating through a portion of the intestines—the injury of which he died was an injury indicted by one blow—an instrument of this kind might have inflicted the wound.
Cross-examined. Q. Will you look at that knife (handing one to the witness) have you seen that before? A. I believe I have I cannot, without testing it tell what blood it is on the knife; I believe it to be blood, but I could not now say that it was—the point of the knife is broken off—if it had a sharp point and was in a perfect state, such a knife as that might have inflicted such a wound as Harrington suffered from.
MR. SERJEANT BALLANTINE. Q. This knife I perceive is blunt at the back and sharp in front; the first knife you saw is shaped somewhat differently is it not? A. Yes—in my judgment that would be the more likely instrument to have produced the wound, but either might have done it; that is on the assumption that this knife had a point to it; otherwise it could not have produced it.
GIOVANNI SCHIENA (interpreted). I used to live at Birmingham—I know the prisoner—I saw him at Birmingham—he told me why he came there—he said "I left London because I am in disgrace, trouble"—he said he was in the row that happened, and that it was him who killed the man who died—he said that he wanted to have his clothes sent to him—in consequence of that I wrote something—this is what I wrote (looking at a paper) I sent it to Pietro Cettoni.
Cross-examined. Q. Have you ever stated before what you have stated to-day? A. No; I have not said anything to anyone only what I have said to-day—I came to London because I had no work at Birmingham—Mr. Negretti asked me to come here to-day-last Saturday was the first time he asked me.
Q. Tell us the exact words Gregorio used when he told you he had been in the row? A. I met Gregorio in the street for the first time; I asked him how he was—he said "Very well"—I said, "Will you come and have a glass"—he said, "Yes"—I went into a public-house with him, and I asked him why he left London—he said, "I am in trouble"—at the same time he asked me if I could get him a lodging—I said, "Yes, I have a room by myself where I am lodging"—he said, "I am pleased to come with you, to bear you company, 'and when we were in the room he told me what had happened—he said, "I have been in a row, and I stabbed several and one is dead and I do not know about the others, if they are well or not"—I know Polioni—I did not communicate with the police at Birmingham after that statement was made to me—I did not say a word about it till last saturday.
MR. SERJEANT BALLANTINE. Q. Did you write about it to anybody? A. Yes; to Pietro Cettoni—this is a piece of my own letter written to Cettoni.
SERAPHINI POLIONI . (interpreted). I am now in Newgate under sentence of death—I understand English a little—I have been in this country about ten or eleven years—I know the Golden Anchor public-house on Saffron-hill—I was there on the right of the 26th December—I was not there when the row began; I was at the public-house that we call Bordessa's; I was talking
there with some Italians, and one of the Italians came and said there was a row down at the Anchor along with the English and Italians; and then he said "Your two cousins are there along with the row 'then I went down; I thought to myself to go and make it quiet, and see my two cousins and take them away; directly I went in the taproom I heard a woman scream; she was the landlady of the public-house—when she saw me she called my name 'Seraphini"—she said, "My God, don't let them make no row"—I said, "No Eliza, tell your husband to keep the English people on one aide, I shall try to take the Italians the other way"—she said to me in Italian, "Yes"—I left her, there in the taproom, in a small corner, going through the bar, and I went in the bagatelle-room where I thought the row was; directly I opened the door of the bagatelle-room, just enough to come in, I had a knock on my head and it knocked me down right on the floor.
COURT. Q. You opened the door part of the way you say? A. Just halfway to get in; and I had a knock on my head which knocked me down.
MR. SERJEANT BALLANTINE. Q. Describe what occurred in your own words? A. When half of my body was inside and half outside the door, they caught hold of my arm and dragged hold of my coat underneath, and dragged me inside the bagatelle-room.
COURT. Q. Who dragged you in? A. I don't know, there was so many people—they took me all inside of the bagatelle-room, and then they shut the door—I don't know who shut the door; there was so many people I could not see.
MR. SERJEANT BALLANTINE. Q. What happened then? A. Then I was kept down there till the policeman came—I was knocked by the sticks on my head—when the policeman came, somebody said, "I give you in charge of this man,"—I said, "Who gives me in charge?"—there was a woman there and she said, "I will give you in charge because you gave me a knock in my mouth and knocked me down by your fist."
Q. Was there any person lying there besides yourself when you were given in custody? A. There was so many I could see nothing, only a lot of sticks at my head—I saw a man across the room, but I don't know who it was; his legs were close to the door; he was lying down on the ground—I had no knife in my possession at that time—a small knife was taken from me with a white handle; that was taken from me at the police-court, from my right trousers pocket—this is not it (looking at the broken knife.)
Cross-examined. Q. Do you know a police-constable by the name of Baldock? A. No; (Baldock was called in) I know that man by the look, I don't know his name—when I was taken to the station-house I don't know whether I was charged with stabbing a man named Rebbeck—the woman said she gave me in charge for knocking her down with my fist—I don't know whether I was charged with stabbing Rebbeck; I can't say; I know he said something to me that night, but I could not hear anything because my head pained me so much—I know he read a paper to me, but I could not understand—the constable asked me if I understood English—I said a little—he examined my hands—he asked me "Where does that come from, that was the blood I had on my hands—I did not say to him, "I only protected myself"—I said I had the blood from my head; I said I put my hands up to feel my head"—I don't know whether I said, 'I only protected myself, 'I don't think I did, because I don't know what those words mean—I said to the policeman, "I put my hands on my head because my head was cut and bleeding; 'I put my hand up to my head all the time.
PIETRO GUGIANA (interpreted). I am a frame-maker, living at 15, Eyre-street-hill—I was at the Golden Anchor on 26th December last—I know Seraphini Pelizzioni (Polioni)—I also know the prisoner—I was present when a row was going on at the Golden Anchor—I saw the prisoner there—I did not see Polioni there—I went for Polioni to the public-house kept by Mr. Bordessa, and he came back with me—I did not see what occurred there, because I did not go in afterwards.
HENRY NEGRBTTI . I am in partnership with Mr. Zambra, as opticians and merchants, in Hatton-garden—I have been in this country thirty-five years—I am by birth an Italian—I heard of this unhappy affair at Saffron-hill—the paper that has been produced was given to me by Mr. Gatti, who received it from a man of the name of Cettoni—owing to receiving that paper, I went down to Birmingham—I got it about twenty minutes before the express train started for Birmingham, about twenty minutes to 10 in the morning—I can't exactly say the day; it was five or six days after the trial of Polioni—I started at once by the express train—I found Gregorio at Birmingham, in a carpenter's workshop—the very first thing I did on seeing him was merely this (putting up his finger)—I went thus, and said, "You rascal; is it possible that you could not go in a fight without using a knife?'—he seemed rather staggered at seeing me—he said in a little while, probably in three or four seconds, 'Mr. Negrettti, you would have done the same if you had been in my place"—I then said, 'Do you know that your cousin is going to be hung?"—he said, incredulously, "No!"—I said, "Yes, he is"—he then said, 'Is there no means to save him!"—I said, "Only by giving yourself up to justice"—he reflected a little, and seemed confused; and then he said, 'Mr. Negretti, I am ready"—he took his coat off a peg in the work-shop and his hat, put them on, and said, "Come along"—in coming down the stairs he was crying, and he said, 'My cousin shan't be hung for me—I took him at once to the railway—he wanted to go to his lodging to get some money that he had got; but I said, 'Never mind the money; 'I wanted to catch the train to bring him up—during the journey, I asked him to give me a description of everything, telling him that I wanted the truth and nothing else—he told me that on the evening of St. Stephen's-day he had been drinking a good deal of rum; the Italians were all treating each other, till he was rather the worse for liquor; that he went to the bar in conesquence of hearing something the landlord said, and slapped the landlord's face; presently the landlord shook hands, and he thought it was all over; after a while, he saw the bagatelle-room door open, and many English, with sticks and a poker, wore inviting or shouting to the Italians in the taproom to come on or come in; that he and several of his friends rushed in with their heads down, with a view of upseting them; that they got into the bagatelle-room, and fought their way nearly up to the chimney, with their fists and kicking; but the English were all armed with short sticks, and they were beating his brother John very much, his face and head being covered with blood, that he hardly knew him; that he went to his brother's assistance, and cleared them all off with this knife that he had pulled out of his pocket—I was very particular in asking him several times, "Now, Gregorio, don't deceive me; tell me where the fight took place;'and he said "In the bagatelle-room, and nowhere else"—Cettoni, who delivered up the letter to Mr. Gatti, was in the compartment of the train with me, and I told him to go to the other end of the compartment; and I asked the prisoner, in a confidential tone, leaning over towards him, "Now tell me one thing, where was your cousin Polioni all the time" and he unhesitatingly said he was
not there; he did not see him—he asked me the moment we got near London to be kind enough to go at once to Newgate to tell hit cousin that be bad come to deliver himself up—that was all that took place of any importance—I have been active since that time in supporting my view of the case, and am at present affording the means of conducting this prosecution.
Cross-examined. Q. Had the prisoner passports upon him? A. I asked him what induced him to go to Birmingham—he said, "The fact is, I asked so-and-so, naming a party, to lend me some money; he lent me 6l., and 3l. 17s. that my brother got from Angelinetta I had in my pocket, likewise; I obtained a passport from one of my countrymen and I might have run away"—I am sorry I forgot this, because it is a trait in the man's character—he said, "Well, to tell you the truth, the passport I tore up, for fear of being tempted to run away."
MR. SERJEANT BALLANTINE. Q. What is the name of the gentleman who gave him the passport? A. I believe he told me it was Mr. Bordessa, but I would not be sure—I have mentioned that before, but I think not in Court.
MR. WILLIAMS called the following Witnesses for the Defence:—
ALFRED REBBECK . I am potman at the Golden Anchor public-house—on 26th December, I was engaged in serving in the bagatelle-room—I remember going to the bar for a pipe—the entrance into the bar is at the end of the bagatelle-room, and there is a door which leads from the taproom to the side of the bagatelle-room—I did not pass through the taproom before I went for the pipe—I saw the prisoner in the taproom before I went for the pipe—I did not see Polioni before be came and stabbed me.
Q. Was there an uproar going on between the Italians and the English in the taproom? A. They were going on talking very loud; I don't know what it meant—I was not aware that Mr. Shaw, my master, had been struck; I heard it since—I was met in the taproom by a man we called 'John, 'I don't know his other name, and told to go back—I have since heard that he is a brother of the prisoner's—that is the man (looking at him)—he told me to go back, or else I should catch it as well as the others—I then went into the bagatelle-room—there were a good many English people there, I dare say twelve or fourteen; there might be more, or less—there were no Italians in the bagatelle-room then—after I told them there was going to be a row, I went out into the yard, after I was told to—I got out at the window—they told me to go out and get some sticks—I went into the yard and got some—there were some blind-rollers, a broom-handle, and a copper-stick; that is a round stick—I came back again into the bagatelle-room after handing the sticks up through a cupboard—it is a cupboard I: suppose that has been used to hand dinners through, I suppose the place has been something of an hotel—it is a: hole big enough for me to get through—when I came back into the bagatelle-room I was asked for a pipe, I went for it and came back with it, and then I saw an Italian enter the room—it was Seraphini—I don't know his other name—I never knew his other name until this case—it is not true that before Polioni entered the room the prisoner's brother entered; I swear he did not—it is not true that the prisoner entered the room before Polioni—the first thing I saw when I was coming in with the pipe was Mrs. King knocked down; I did not see by whom—I then ran to the door to keep the Italians out, and told them I wanted no row—at that time, there was a lot of Italians outside the door in the passage.; Seraphini was first, and another man by the side of him—I
saw Michael Harrington there—he asked me to lend him 2d. for a pot of beer, and I did so.
Q. When you say you saw Polioni enter the room first, did you see him do anything? A. I saw him, and I felt him—it was his knife, I am sorry to say—I saw him stab me in my right side, through the waistcoat that I have on now—I did not see him do anything to Harrington.
Q. At that time, was the prisoner in the room? A. No, I did not see him there;. I did not see him at all—I have known Polioni for the last four or five years, if not longer—he ran at me twice;. he stabbed me first, and then he ran again, but he missed me the second time—I afterwards saw him a-top of Harrington—I saw Harrington's body on the floor and Seraphim a-top of Harrington—I am quite sure that at the time Polioni entered the room there were no other Italians there;. I will swear that there was not.
Cross-examined by MR. SERJEANT BALLANTINE. Q. How long have you been pot-boy at this house? A. I have lived there only about eighteen months;. but I was born in the house;. my father kept it for twenty-two years—I don't know what the hole in the bagatelle-room had been used for, but I suppose it was to hand dinners up—it led out to the top of the kitchen-stairs, and then down into the kitchen—you can't get out from the kitchen unless you get through a piece of paneling into the next house—I handed up the sticks through this hole, because we heard there was going to be a row with the Italians with their knives—I told the English of it—I did not arm them—I said there was going to be a row, and they said, what were they to do if the Italians came in with their knives—when they asked me for the sticks, I gave them to them—there was no poker—there were blind-rollers, a copper-stick, and a broom-handle;. one broom-handle—there was but one copper-stick—that is what they stir up the copper with on washing-days—it is a thing about two feet long—I don't know the thickness, I never measured it;. it might be about the same thickness as the broom-handle—it did not occur to me that it would have been better to have gone for the police;. by that time there might have been more happen—there is dancing going on in the taproom—that is where they dance, girls and men—this happened on Boxing-night—there had been a good many persons there all that evening;. the Italians in one room and the English in the other, playing bagatelle—I don't know who it was struck Mrs. King, I daren't say—I can't say whether it was the prisoner;. I can't say whether it was or not—I don't know whether it was Polioni—I am not sure who it was—this is my deposition (looking at it).
Q. I will read you what you said there: "I saw one of the party knock Mrs. King down; it was not Seraphini that did that?' A. So I say now, as I said before, I don't believe it was Seraphini;. I say so now—I am not sure whether it was or not—I did at first say it was not, when I was brought out of the hospital;. I believe I did say so;. I don't know—they told me so—I don't know whether it was so or not—when I was up here before Mr. Ribton said I did—he asked me the same question—I say now, I don't know whether it was Seraphini or not;. I don't know who it was—at the time I was stabbed I was at the door leading to the taproom, not in the passage, in the bagatelle-room—I came in with the pipe—it was not before Polioni had entered the room—he was in the passage, at the door—I fainted afterwards—I was on the top of Seraphini while he was a-top of Harrington—I last my senses—I was before the Magistrate, and have been bound over to come here—I have not seen the constables lately;. not any of them that I am aware of—I have seen them up here this week.
COURT. Q. You say seraphini was on the top of Harrington? A. He was—I don't know who it was that pulled him off—I lost my senses, and when I looked up I saw him standing there with the two police-constables—I saw a knife in Polioni's right hand when he ran in the room at me—after he had stabbed me I saw him pull the knife out of me—I only saw the blade, as he drew it out of me.
MARIA KING . I am the wife of William King—I now reside at Hackney-wick—at the time of this occurrence I live in Leather lane—on the night of 26th December, I was with my husband at the Golden Anchor public-house—I was in the bagatelle-room, and my husband with me—Michael Harrington was there—before the door was opened there was not Italians in the room—I got up for the purpose of leaving the room; that was from about 6 to half-past—I opened the bagatelle-room door to go out, and as soon as I opened the door I was knocked down—it was Seraphini that knocked me down—I had not known him previously—I saw him here at his trial—he had not entered the room when he knocked me down—I do not know the prisoner's brother (looking at him)—that was not the man that came in first; that was not the man that knocked down—Seraphini was the man that knocked me down when I opened the door—I did not see that man there—I did not see the prisoner there—I was knocked down by Seraphini's fist, and stunned—I saw nothing at all after that.
Cross-examined. Q. There was a great rush was there not, that finished knocking you down? A. I don't know; I was half stunned.
Q. I wish to call your attention to what you have sworn before—"he knocked me backwards; he struck me with his fist; there was a rush just then when I was struck, and partly knocked down by the prisoner"—is that true? A. Yes; I saw no more—there was a rush towards the room—I never saw the prisoner before I saw him at the police-court—I had not seen Polioni before the evening that he struck me—the place was not dark—there was a light from the bagatelle-room showing a good light between the doors—it was quite light; light enough to see anybody distinctly—I had a sufficient time to see Seraphini before he struck the blow—I was taken by surprise, for I did not expect to have a blow—he did not hit me in the forehead; it was on the month—I can't tell with which hand it was.
GEORGE BALDOCK (Police-sergeant G, 1). On 26th December, Polioni was brought to the station by two policemen, named Fawell and Elliott—he was charged in my presence with stabbing Rebbeck—I put some questions to him—(MR. WILLIAMS proposed to ask the witness what the questions were, but MR. JUSTICE BYLES considered the evidence inadmissable)—I took that small knife with a white handle from Polioni—I had this other knife given to me (the one with the broken point)—I was not present when it was found.
Cross-examined. Q. From whom did you receive it? A. From a police-constable—I was not present when he received it—he told me where it came from—that was G 78, McMann—he is not here—the white-handled knife I found in Polioni's pocket—at the time I took it it had no appearance of having been used for days—there were appearances that showed it had not—the other knife has never been made evidence; it was at the police-court and also the constable, but never spoken of—McMann was not examined.
COURT to ALFRED REBBECK. Q. What were the Italians and English quarrelling about? A. I don't know; I believe the first beginning of it was my master turning a man out on the Saturday night.
GUILTY.—Strongly recommended to mercy by the Jury on account of the provocation he received, and the injury done to hit brother. — Five Years' Penal Servitude.
NEW COURT.—Thursday, March 2d, 1865.
Before Mr. Recorder.
334. CHARLES ADAMS (22), SAMUEL DOUGALL (26), ARTHUR PINKNEY (19), JOHN GORDON (21), and WILLIAM BROOKS (22) , Burglariously breaking and entering the dwelling-house of Timothy Tyrrell, and stealing therein a piece of linsey cloth, his property.
MR. LILLEY conducted the Prosecution, MR. PATER defended Dougall, and MR. BAIRD defended Adams.
MORRIS RATHE . I am manager to Timothy' Tyrrell, a draper of the White-chapel-road—I live on the premises with my family—on 24th January, about half-past 11 o'clock, I went to bed, leaving the premises secure—I was called up by the police about half-past 1, went down and found Dougall in custody—I examined the premises with a policeman, and found they had been broken into, and some linsey cloths and fancy dresses stolen—I afterwards missed other goods of the same kind—I saw them safe when I closed the shop at 9 o'clock—these are them (produced)—the total value of them is 10l.—they were safe when I went to bed—they could be reached by putting an arm through the window.
Cross-examined by MR. PATER. Q. Can you tell us how the place was entered? A. By breaking through the bars, and breaking the shutters and the plate-glass window.
HENRY WARD (Policeman, K 353). On the morning of 24th January, about half-past 1 o'clock, I was on duty in the Whitechapel-road, and Adams came up and spoke to mo, about ten yards from the prosecutor's shop—I had seen him previous to that with Dougall, about fifty yards from the prosecutor's shop—he was alone—he said, "It is a cold night, policeman"—I said, "It is"—he said that he thought there was something on over the way, as he had seen several persons loitering about near the pawnbroker's shop—I asked him what he was doing out so late himself—he said he did not think it any harm speaking to me to put me on my guard—I passed by on the other side, and spoke to another constable—there was no one by the pawnbroker's—that is on the opposite side to Mr. Tyrrel's, and 100 yards further up, I should say—Adams went in the opposite direction away from the pawnbroker's, and the prisoner and I lost sight of him—there is a street, and two or three passages close by, by which a person having gone in that direction could come round again—I afterwards heard glass break, and saw Dougall, Brooks, and Adams running away, and two others who I cannot identify—I ran and caught Dougall—Parrott brought Adams back; Dougall pretended to be drunk—I took him to the prosecutors, knocked at the door, called the manager up, and made a search of the premises—the shutters were down, and the window broken—I produce part of the plate-glass.
Cross-examined by MR. PATER. Q. Was it a dark night? A. Yes—the constable I spoke to was not the one who came up shortly afterwards—I first saw Dougall fifty or a hundred yards from the prosecutor's shop, and I stopped him ten or fifteen yards from it, running away from it—he was not very much the worse for drink, but he pretended to be—he lay down
in the shop, and put his fingers to his face—directly the shop door was opened he pretended to fall down—I had not left the street when I heard the sound of glass breaking; I was about forty yards from it—Dougall was on the same side of the way—he made no resistance—I saw Dougall with Adams.
MR. LILLET. Q. How far were you from Brooks? A. When I was taking Adams, Brooks was three yards from me.
Brooks. Q. How can you say it was me? A. Because I have seen you about Baker's-row before—I did not see you with any parcel.
ENOS PARROTT (Policeman, H 56). On the morning of 24th January, about half-past 1 o'clock, I went in pursuit of Adams, and overtook him close to Whitechapel church, about five minutes run from Mr. Tyrrell's—he was running—I told him I should take him in custody for being concerned in a burglary a little farther up in the Whitechapel-road—I took him back to the shop—he said that he would come back, he was innocent—Ward identified him.
Crow-examined by MR. BAIRD. Q. Did he make any resistance? A. No—he went perfectly quiet.
COURT. Q. How near to the prosecutor's did you first see him? A. About 200 yards; he passed me running before I gained any information—some persons ran away before that who I could not identify—they turned up Baker's-row as I went up—there is a street between where I was and the prosecutor's shop.
JOHN LAW (Policeman, 205H). On 25th January, shortly after 2 in the morning; I was on duty in Old standing in a doorway to listen—I saw four men coming towards me; Brooks, Gordon, Pinkney and a man not in custody—Pinkney was about a dozen yards in advance—he did not see me—he made a stop, and I flourished my light in his face—he cried, 'Hold hard' directly, and the other three came to a stand still about a dozen yards off—I went towards them and they all ran away—I pursued them some distance—Brooks was carrying a bundle—I got very close to them—Brooks dropped the bundle—I stopped to pick it up, and Brooks stopped—it contained a quantity of linsey cloths—I took it to Chapel-yard station, and gave a description of the four men—I knew Pinkney, Brooks, and Gordon by sight very well—this is the bundle; it was wrapped up in this way—this was on Wednesday morning, and I saw Pinkney again next night, Thursday, 26th—I took him in custody, and told him the charge—he said, 'Well, I shall not make a mess of it; I shall say nothing"—on Tuesday, the 31st, I took Gordon in Flower and Dean-street, Spitalfields—I told him the charge; he said he was quite innocent—I have no doubt whatever that he is one of the three—I identified Brooks on the Monday morning at the station, among six others—he said, 'I wish I had changed coats with one of the other men; you would not have identified me then"—I identified him by his features, and not by his, coat.
GORDON. Q. How was it you did not take me in custody four or five days previous? A. Because I never saw you if you passed it was unknown to me—I took you when I did see you.
BROOKS. A. On the Monday night before I was taken, why did not you and the other constable take me when you saw me standing at the corner of Dover-court? A. I never saw you—I did not see you come out of a public-house; if you did you went back again, that I should not see you—I have never said that perhaps it did not suit us to take you.
WILLIAM KENNY (Policeman, K 390). About half-past 11, on 24th January, I was on duty in the Whitechapel-road, and saw the five prisoners, and a man who is not in custody, but who I can swear to if I see him again—Dougall, Adams, and Pinkney were standing by the prosecutor's door, and Gordon followed me round the beat—Brooks was standing about three yards away from Dougall and Adams, and he went back to them—I asked Dougall, Adams, and Finkney what they were doing there—Dougall and Adams said that they were waiting for their wives; Pinkney said that he was no thief, he wanted the workhouse—I told him I should give him the station-house if he did not get away—I saw them go and sit upon a stand near the prosecutor's door, and when I got to the top of my beat, Queen Ann-street, I saw Gordon peeping round the corner, watching me, and when I came round again they were all five together very near the door—I went round again to get another constable to take them for loitering, and when I came back the third time the job was done—I asked Gordon what he was following me about for—he said that he was not, he was following his own business—I asked him what he was—he said he should not tell me—I helped H 205 to take Pinkney next night—I followed Brooks—I saw him standing at the top of a bye-street, 100 or 120 yards from the prosecutor's, about half-past 1, or rather later, and when he saw me he ran through Queen Ann-street, and in by the front door, and out by the back door of No. 9—they are working men's houses, which are left open at night—he went across the back-wall, and I lost him.
BROOKS. Q. When I ran past you, did I have that parcel? A. You did not run past me; I did not say at the police-court that you did—I do not know what you had; it was dark.
GORDON. Q. Were you not in company with the other constable three or four days previous to taking me, and did not you both see me? A. No—you did not pass me with a brush in your hand two or three minutes previous to my taking you—you were brushing your clothes when I took you.
WILLIAM THOMAS (Policeman, H 141). I received from Law a description of Brooks, and took him on 2d February, about 3 o'clock, at 3, Bell-court, Princes-street, Whitechapel—I told him I wanted him for being concerned, with others, in a burglary in Whitechapel-road—he said that he knew nothing at all about it—I took him to the station, placed him with six or seven others, before Law came in, and when he came in he picked him out directly—I did not hear another constable say that it was not convenient to catch him.
Pinkney (to JOHN LAW). Q. Are you quite sure you saw me that night? A. Quite; I said I did not take you because I had nothing to take you for—I did not know there was anything wrong till I saw Brown with a bundle—I went into the public-house, and directly I saw you, K 390 called for a pint of beer, you directly stepped to the door, but I stopped you and told you the charge.
Gordon's Defence. I am innocent I was in bed at the time the burglary was committed This policeman saw me several times, and never attempted to lay hands on me.
Brook's Defence. These constables passed me twice on the night they took me, in a court a yard and a half wide. They saw me twice on Monday night, and did not take me, and since he has been on duty in Princes-street he saw me twice. I was always in bed by half-past 11, and am quite innocent.
EDWIN PINKNEY . I am Pinkney's brother—he was at home at a quarter to 11 o'clock on a Tuesday night two months ago—it was the Tuesday night before he was taken in custody—I went on an errand, and came home at a quarter to 11, and my brother was sitting with my father by the fire—I went to bed at about a quarter-past 11, and he went up to bed with me-we sleep in the same room—I saw him next morning—I got up at half-past 7, and he remained in bed after me.
Cross-examined by MR. LILLEY. Q. Did you attend before the Magistrate to give evidence when he was examined? A. No-my father asked me to come, and two nights afterwards a policeman caught my brother in the Whitechapel-road, and my other brother came home and told it—I do not recollect the date at all-my brother was always at home about 11 or half-past—I am quite sure that never by any accident he was out later than that I work at 200, Brick-lane I begin at half-past 7 in the morning, and leave off at 11 at night-when I come home I am pretty tired, and go to bed soon afterwards-my brother the prisoner works at home with my father at weaving, and if he has not got anything to do he goes down to the docks and to Billingsgate, to see if he can get anything to do there-when he is at Billingsgate he comes home to his dinner, and goes out again, and comes home about 11—I am fifteen years old I am quite sure he has never been out later than 11 o'clock, nor have I have always been in work since I was eight years old up to the present time, in different places, except when I was laid up—I am a fishmonger at present.
COURT. Q. When was it that your father asked you whether you remembered seeing your brother? A. On Friday morning-that was when I heard my brother had been taken—he told me that he was going before the Magistrate, but I did not go—I do not remember my brother being absent from home—he has been home at night ever since I remember—I am quite sure I never knew him away from home-my younger brother winds cotton—he was at home on this Tuesday night before me, and went up to bed with me.
THOMAS PINKNET . I am thirteen years old, and am a brother of Pinkney's I remember his being taken in custody on Thursday night—he was at home on the Wednesday night before that, and on Tuesday night and Monday night; no not on Monday night—he came home very sick on Monday night and went to bed; on Tuesday night he was at home, and was sitting by the fire at about a quarter to 11, when Ted, Arthur, and I went up to bed, leaving him sitting before the fire I was in at 10 o'clock; he had not come in then, but he came in a little after, and I left him sitting by the fire when we went to bed.
Cross-examined. Q. How is it that you are able to recollect this particular night? Q. Because he came home sick on Monday, and I know Tuesday night came next—he was not in on Thursday night; he got locked up—he has not always lived at home; he has been absent a good long while—he was at home about March last—he has been away from home for three or four months—he was also away for several weeks in the autumn, about September, but all I know is he was at home on the Tuesday night—I did not give evidence before the Magistrate—I did not go to the police-court.
COURT to EDWIN PINKNEY. Q. What did you mean by saying that your brother has not been away from home at all? A. I do not remember it—I do not recollect his being away for some weeks last September, because the last place I was at, I was away for three or four nights—was not at home
last September; I was living at a fishmonger's shop—I have been living at home nine months; no six months—I was not at home in March last.
JOSEPH PINKNEY . I am Pinkney's father—I saw him up to a quarter-past 10 on Tuesday night, after which he went out again, and his youngest brother came in afterwards—I had been very ill for three months, and I went to bed—I have no clock, but I think it was about half-past 10—he had not come in at that time, and after they went up stairs they got quarrelling, and my wife asked me to get up and keep the boys from fighting, but I did not—I sleep down stairs.
Cross-examined. Q. Do you know anything about his being absent from home about March last? A. He left my home about that time—I cannot say whether he was absent three months; I am scarcely competent to recollect anything—he was absent about September for three weeks, I think.
Adams and Dougall received good characters.
GUILTY .—BROOKS was further charged with having been before convicted in December, 1861.
JAMES CORBETT . I am a jailor of the House of Correction—I produce a certificate; it refers to the prisoner Brooks—I received him when he got his sentence—he had six months hard labour, and I saw him fifteen or twenty times a day—I am positive of him—I receive all prisoners after conviction, and convey them away in the prison-van.
GUILTY.— Seven Year's Penal Servitude.
ADAMS and DOUGALL— Confined Twelve Months each.
PINKNEY** and GORDON**— Seven Year's Penal Servitude.
MR. LILLEY conducted the Prosecution, and MR. PATER defended Dougall.
WILLIAM SWALLOW (Policeman, H 170). About half-past 1 o'clock on the morning of 19th January, I was on duty in the Bethnal-green-road, and met the three prisoners at the corner of White-street—I requested them to move on, not liking their appearance—Dougall said, 'I am going, 'and went on—from the way the others moved I suspected something—there was some ground glass on one side, and clear glass on the other, where a fire-engine is kept, and the lamp shone through the clear glass right on their faces—I went down White-street, and when at the corner of Sale-street, I saw them walk back across the road—I went into Abbey-street, took off my light, and saw the two women standing side by side against the door of Mr. Hall, the jeweller, 63, Bethnal-green-road—I ran, and when within a few yards of them, one of the women said, "Blind me here is a slop" which is a nick-name for a policeman—I could not see the man, but he jumped up and ran across the road—I could not then say that he was the same man as I had seen before, but after he moved I could see that his dress was the same as that of the man I had spoken to before, but I could not see his face—I took the two women in custody, and sprang my rattle, but it broke—this was on the morning of Friday the 20th—I saw the man again on the Wednesday following at Worship-street in a room with several other prisoners, and inquired who had him in custody—when I had taken the women to the station I called the prosecutor up, and examined the house door—I found seven dents just by the lock, which seemed to have been made by an instrument which my brother constable found—we had heard something drop—(An iron holdfast produced)—I have compared this with the marks, and found they fit exactly.
Cross-examined. Q. Was it very dark? A. No; there was a lamp or else it would have been—I do not know that I ever saw the man before.
WILLIAM FARMISH (Policeman, K 168). I went to 60, Bethnal-green-road on the morning of the 20th, and found this piece of iron on the footpath—I was on duty that morning near the prosecutor's shop, heard the Springing of a policeman's rattle, and saw the male prisoner running away from the direction of Mr. Hall's shop towards Quarry-street—he passed about ten yards from me—I saw him again on the following Wednesday at the station with a civilian, and identified him—I had not been told to look at him.
Cross-examined. Q. Had you heard any one of the constables at the station say "This man will do for the Bethnal-green job? A. No—he was in the charge-room with another person—I had not told anybody I knew him—I said, "That is the man I ran after for Mr. Hall's job in the Bethnal-green-road, and who escaped"—I did not hear him say anything—I was about ten yards from him when he crossed the road—there was a lamp at the corner of the street—he was a stranger to me up to that time.
JOHN KILLINGWORTH HALL . I am a jeweller of the Bethnal-green-road—on 19th January, I returned home shortly before 12 o'clock, and was let in by my servant—I saw no marks on the door then—I was called up about half-past 1 o'clock, and found seven distinct marks on the door, by the lock—this piece of iron fits them; there was a piece of wood on the point of the iron—I live in the house—it is in the parish of Si Matthew, Bethnal-green.
SUSAN HALL . I am a daughter of the last witness, and live with him—he came home at a little after 12 o'clock on 19th January—I had gone to bed—I was awoke about 3 o'clock in the morning by his going out—I heard talking, went to the door, and saw Hicks sitting on the step, and a man standing at the next door steps—I shut the door again—I heard a noise again, opened the door, and the man was against the shutters—I saw him twice—Dougall is the man—this was on Tuesday, when I returned home; my father was in bed—the attempt on the house was on Thursday—I recognized Dougall as soon as he came out of the prison-van.
Cross-examined. Q. Where were you when he came out of the prison-van? A. Standing in the crowd, with my father and the policeman—I did not see him on the 19th—when I saw him on the 17th, I was at the door for about three minutes—I should not have seen him at all if he had not peeked at me—I saw him again when he was at the shutters, about half-past 12—we had a lamp in the shop, and there was a lamp on the opposite side of the way—it was very light where he was standing—I am quite sure he is the man.
MR. LILLEY. Q. Does the door open into the shop? A. There is an-other little door with about two steps, which you have to open—it is a glass door, and is always left open—when the man was standing by the shutters, the gas enabled me to see his face, because the reflection shone outside.
Hicks. The prosecutrix came to the left of the witness-box, and then went to the other side of the Court; the police went outside and pointed me out; if she had seen me outside, would not she have told her father?
Hicks. Q. Did not the policeman come to the back of the Court and say something to you, and point me out? A. No, I saw you when you were coming out of the van with the other prisoners.
Lanes's Defence. I left my children both ill with a fever in Drury-lane; I had to go to Shoreditch to my sister, and coming home, she went to show
me the way; the constable was standing at the corner of White-street, and my sister said, 'I think I have mistaken the turning; 'he made use of an offensive expression and said he would lock us up; I never spoke to him; he gave my sister a shove, and a man said, 'Do not lock the woman up, governor, 'he said, "I will, and you too; 'he whistled to another constable, who took the man; we were there about three quarters of an hour before he came to the station, and then he brought the piece of iron, and said he had picked it up; and that the door was marked; the inspector said he thought the man had had nothing to do with it, and let him go; next morning the other constable came forward and said that he had picked up a piece of iron, whereas, Swallow said he picked it up the night before; we had witnesses before the Magistrate, but they were not called. I never saw this man before.
Hick's Defence. My mother was taken ill in the country, and my sister came to tell me; we went to a public-house, and when we got to the Bethnal-green-road, I said to my sister, "I think I have taken a wrong turning; 'the policeman came up and called us names; I said, "Who are you calling those names to? 'he said, 'To you; 'he took hold of my sister, and whistled, another policeman came, and we were taken; then they brought this man into it, but he proved who he was, and he had money in his pocket; I saw the policeman go into Court and point me out to the girl; I should have gone home if the police had not interfered with me. I have a witness to prove I was in bed at the time.
COURT to WILLIAM FARMISH. Q. Was there any man taken to the police-station that night? A. Yes, on 20th January—he was not charged—his name was not entered—he was taken because he was close by the women—the constable told me, I was not there—I was fetched to the station, and found a man there who was suspected of being one of the lot—he stated where he resided, he had a loan-book, and, apparently speaking the truth, he was discharged—I am acquainted with his employer, and knew that he worked there.
COURT to WILLIAM SWALLOW. You have not told us about any man? A. When I took the two women in custody, the man was at the corner of White-street, and he said "Let the women go"—I said, "Do you know them? 'he said,' Well, I do not know"—I said, 'You had better come to the station"—the inspector spoke to him and he said he was very sorry for interfering with the police, and he was allowed to depart—I told the inspector that the man who was in company with the women had escaped—the inspector is not here.
Mary Ann Hicks called
MARTHA WATKINS . I live at 2, Devonshire-place—on Tuesday, 17th January, between 1 and 2 in the afternoon I went into Mary Ann Hicks's room—she was sitting half undressed, and I said, 'Are you not up?'she said, 'No, I feel so ill"—I said, "Go to bed again, and I will make you a cup of tea"—I saw her again between 7 and 8, and said, "I think a basin of gruel will do you good—she said, "I have not the money"—I made a basin of gruel and took it to her, and saw no more of her till 10, when she said that her head was better—I bade her good night, and saw no more of her till next morning.
Cross-examined. Q. Where do you live? A. In Devonshire-place, Old Nichol-street, exactly opposite to her.
COURT. Q. When was your attention first called to this? A. On 17th January—I heard no more till Thursday, when I heard she was in custody—might be late then—I go to bed early—it was not before I went to bed—my husband knocked at the door, and said, "Mary is in custody—that might
be about twelve or later—I was not asked then anything about the Tuesday—I was not asked about the Tuesday till now.
Q. Then why do you come here? A. I have come here with a good clear conscience in the presence of God to speak the truth—I went to Worship Street—I was not asked about Tuesday there—I went there to see if I should be wanted to tell the truth—I had the same to tell then that I have now.
CATHERINE SINGLETON . I live in Old-street, Stepney—the female prisoners are sisters—on Thursday morning, January 19th, when Mary Ann Hicks was locked up, she was very bad, and was going to the Devonshire hospital, and when I went to her on Friday morning to go with me to see my mother—I saw her taken to the station.
NOT GUILTY .
MR. DALEY conducted His Prosecution, and MR. PATER—the Defence,
THOMAS JOHN WORSOM . I am a tailor, and live at West-street, Soho—on 5th February, about half past 12 at night, I was going down Castle-street, Long-acre, and at the corner of King-street, I saw a female, who said she wanted a penny to make up her lodging—I was immediately seized by two females, one put her hand in my pocket, the other put her arm round my waist—I rushed across the road, and into a dark passage, intending to wait for a policeman—I waited there several minutes—I was in the shade—I heard the two females call the prisoner, and the gas-light was reflected on his face clearly at the door of the passage—one of them said, "The old b----has gone in there, go and see what he is made of"—the prisoner came into the passage, and I retired a little "back, he caught hold of me, and said, "Halloa, what do you want with this woman?"he put his hand in my pocket, and extracted the whole of the contents, amounting to 5s. 7d.—I seized him directly, and went out of the passage—he struck me on the right ear—I did not go willingly, we were struggling, and he was trying to escape—I kept hold of him till a policeman came.
Cross-examined. Q. Were the women pelting you with mud? A. Yes there were not two men in their company—no one but myself—there was not a soul near them—I had come from Brownlow-street—I had left off work about 9 o'clock—I had been to Markham-street, Chelsea, to receive a bill of 3l. 4s. but was too late, and only received 10s.,—I had nothing to drink—I gave one of the three women a penny—I do not know whether the one who asked me for a penny was an accomplice or not—my money consisted of seven pence, and, I think, a florin, and three shillings.
WILLIAM MCKAY (Policeman, A. 313). At ten minutes to 1 on this morning, I was on duty in King-street, Long-acre, and heard cries of "Police!"—I went in the direction, and at the corner of Queen-street, Seven Dials, I met the prisoner and stopped him—the last witness was close behind him—the prisoner was walking when I stopped him, but was making off—the prosecutor said, "Stop him! he has robbed me of about 5s. in a passage in Great Earl-street"—I seized him, he said, "Wait till the women come up"—I took him to the station, and found 5s. in silver, and 1s. 7 1/2 d. in copper, and a duplicate—there were two sixpences, two shillings, and a florin.
Cross-examined. Q. Did you hear the prosecutor say at the station that his money consisted of about 4s.? A. He said he thought it was four single shillings and some copper—he gave a correct address—he lived in the neighbourhood.
The Prisoner's statement before the Magistrate:—"I was going home, and (be prosecutor dropped on me, and said I had robbed him. I had never seen him."
The Prisoner received a good character.
GUILTY — Confined Four Months.
MESSRS. DALEY and SNAGG conducted the Prosecution, and MR. SHARPE the Defence.
NOT GUILTY .
Cross-examined by MR. SHARPE. Q. How soon before you saw the three men had you the money safe? A. I had it safe when I was up the court—I did not pull it out to see—I am sure that I had my pocket there—I do not know who took it.
CHARLES DENTON (Policeman, S 168). I went up the court and found the prosecutrix crying—she charged the prisoners with robbing her—I found a pocket-handkerchief in the court about three yards off, flung in a garden going out of Pleasant-row—I gave it to the prosecutrix—I searched Redding at the station, and found 6d. in silver, and 4d. in copper, but no key or pocket or purse.
NOT GUILTY .
THIRD COURT.—Thursday, March 3d, 1865.
Before Mr. Common Serjeant.
MR. THOMPSON conducted the Prosecution, MR. WARTON defended Wright and MR. SLEIGH with MR. LANGFORD defended Levi.
MARY ANN WYBROW . I am the wife of Benjamin Wybrow, a chair-maker, of 8, Kingsland-road—on the night of the 3rd of February, about a quarter-past 8, as near as I can remember, the two prisoners came into our shop together—they stood side by side—Wright asked to look at some chairs—I showed them to him as they stood—he would not let me move away—he looked at those that stood in front of him—I was from five to seven minutes showing them the chairs—I had a reasonable opportunity of looking at the men—I always look at people when I am serving them—after Wright had examined the chairs, Levi held one up in his hand—Wright said to me, "Have you any cheaper"—I said "Oh, yes"—I was going to get the cheaper pattern and he said, 'Oh, no, there is no occasion for that, we will send a young woman to-morrow to look at them and buy for herself—then Levi said, "Yes, we will send a young woman to-morrow to look and buy for herself"—they then moved to go away—I felt in my pocket and found my purse was gone—I had felt it safe in my pocket just as they
were coming in at the door; I was then placing it in my pocket—when I found my purse was gone, Levi had got down the two steps from the shop, but Wright had scarcely got down when I missed it—I instantly exclaimed, "You rascal, you have got my purse"—I seized Wright by the coat just as he got down the steps, but he was too strong for me and got away—they both ran up the Kingsland-road—Wright turned towards Hackney-road, and Levi crossed the road to a cab-stand into Shoreditch—my husband was in the back part of the shop at the time they were there, and my two daughters were looking at them through the parlour door; I saw them there—I saw Wright again about five minutes after, when he was in custody—I preferred the charge against Wright at the station-house, and was returning towards my own home and met Levi just this side of the station-house, not far from it—he then had another coat on over the one he had on when he was in my shop—my daughter was with me—I got in front of Levi, and said to her, "That is the other man"—I looked him well over to make myself certain he was the man—I noticed his general appearance, and I was confident he was the man, and then a constable came and took him into custody—I had never any doubt about his being the man from the first moment I saw him, and I knew his voice—I heard him speak in the shop, and when he spoke in the station-house that quite confirmed me.
Cross-examined by MR. WARTON. Q. You have no doubt as to either of the prisoners? A. No, I am quite sure it was Levi, the more I look at him the more I am certain—I am quite as certain that Wright was there as I am that Levi was there—if it should turn out that I am wrong as regards Levi I should not think I was wrong as regards Wright—I should still state in my opinion that he was the man—there were hundreds of persons passing to and fro at this time.
Cross-examined by MR. SLEIGH. Q. Even if it should turn out that you were mistaken about Levi, you would be perfectly certain about Wright? A. I am perfectly certain about both—any one might make a mistake and speak to a person in the street who they thought was a friend and who turned out to be a stranger—I cannot say whether it was a quarter or twenty minutes past 8—the communication between our shop and the rear of the house is by a glass door—my husband was at the back part of the shop when I called out that I had lost my purse, with a candle in his hand—my daughters were looking through the window noticing how much Levi was like a young man they knew—when I met Levi after I had been to the police-station I did not notice that there were several other persons with him—there were a lot of people in the road but I did not notice them—he was not alone, there were other people passing to and fro—it was my daughter Elizabeth who was with me, nobody else—when I said to her "That is the other man' she did not at first say, "No mother, it ain't"—I don't remember her saying, "Are you sure, mother, 'or, "Do you really think so"—she said, "It is, I think so"—the words were, "So it is, I think it is, mother,"—I don't remember saying then, 'Do you really think so, 'and then saying, "I an quite certain—I took hold of his coat and said, 'Let me look'—when I saw him, his features struck me as being the man who was in the shop, but I thought it would be a pity for me to be mistaken, and I looked at him again and saw his features were the same—I thought to myself he had not that coat on when he was in my shop—I don't remember saying, "Let me look, let me look, 'twice or thrice—Wright said in the shop 'I will send a young woman to-morrow to buy for herself, 'and Levi repeated the same words—I think I am positive they said a young woman—Levi
was walking towards the station when I met him—he did not say he was perfectly innocent and that he had nothing to do with it—he said, "What is it"—I said, "You have picked my pocket"—he said, "I know nothing about it"—my husband did not say in discussing this case, "It will be a pretty mess for us if we have locked up the wrong man, there will be an action against us"—we received a letter to say that all they wanted was money out of us—we have not been threatened with an action—I don't know a person named Thomason—my husband did not say to Mrs. Thomason, "If we have locked up the wrong man it will be a bad job"—several witnesses were examined on behalf of Levi at the police-court to prove where he was that evening—I heard four examined—it was not after that that we had a conversation with Mrs. Thomason about the matter—we were examined on the Saturday, and she came to us on Wednesday.
MR. WARTON. Q. Did Wright ask you at the police-court if you were sure he was the man? A. Yes, he denied being the man.
BENJAMIN WYBROW . I am the husband of the last witness—on the night of 3rd February, about a quarter or twenty minutes past eight I came into my shop, when two men were there—I had an opportunity of observing those two men—the prisoners are the men—they were looking at some chairs my wife was showing them—I remained in the shop some time, and I went down stairs again—soon after I heard my wife call out, "They have robbed me, they have stolen my purse"—I instantly came up stairs and pursued, but did not see them then—I afterwards saw Wright, about 100 yards from my shop—my daughter Elizabeth had hold of him—I seized him by the coat-collar and said, 'You rascal, you have robbed my wife of her purse"—he said, 'Now, governor, hear me, I know where the purse is, and if you will come with me I will get it for you"—I said, 'I won't do so,' and called "Police" as loud as I could—a man had got hold of him then—he was surrounded by a mob—I caught hold of him, and he became very restive—he asked me once or twice to let him go, and I would not, and some one called out, "Slip your coat, slip your coat"—I found then we were surrounded by a great many persons of this kind—in trying to slip his coat it came open—I still held on fast, and the coat tore in my hands—it was torn almost to ribbons in trying to get it off—I then seized him by the back of the cravat, that gave way and I lost my hold again—I then seized him by the neck, and he got ray finger in his mouth, bit it right across, and made a large wound—I still struggled with him—I should think it was five or six minutes before a policeman came—some people in the mob pulled me by the legs away from Wright—the policeman came up and I said, "There he is, there he is, take him quick or else he will escape, 'and be took him—I have not the slightest doubt about the prisoners being the persons who came into the shop.
Cross-examined by MR. SLEIGH. Q. Were you doing something in your business? A. Yes; I was holding a candle, looking at the two men in the shop—it is always my custom to stand near my wife when there is anybody in the shop—I dare say I might have made mistakes at times—the policeman came and told me I was wanted at the station-house, as they had taken the other man—when I went they did not point Levi out to me—he was in the dock—several witnesses were examined at the police-court to prove that they were in company with Levi—I was told there might be an action brought against me—I did not say, I will be a bad job if we have
taken up the wrong man"—I did not say anything of the kind—I am certain of that—I was so perfectly certain we had the right man.
Cross-examined by MR. WARTON. Q. You are quite certain now about both, I suppose? A. I am quite certain both those men were in my shop at the time my wife was showing the chairs—no amount of evidence on the other side would shake my opinion in the least—when I saw Wright held by my daughter, I knew from the look of him that he was one of the men—I said, "You rascal you have got my wife's purse"—I don't know that I did not say "scoundrel"—it might have been scoundrel—I won't undertake to say which of the two I said—he said, "Let me go, I know where the purse is, I will get it you"—those were the words as near as I can recollect—I understood him to say 'I will get it you"—I charged him with an assault.
ELIZABETH WYBROW . I am the daughter of the last witness—on the evening of 3rd February, I was in the parlour adjoining our shop when two men came in—the prisoners are the men—there is a glass partition between the parlour and the shop; two glass windows and a glass-door—I should think they were in the shop about ten minutes or a quarter of an hour—my attention was called to them by my sister, and I noticed them more particularly—Levi was leaning against the shop door-post, and Wright was standing close to my mother—I heard my mother call out that she had lost her purse, and I ran out and caught Wright about eight houses up—I said to him, "You rascal, you have got my mother's purse"—he said, "No I have not got it; there goes the thief, run, follow me!"—I said, "No; you are the thief, you rascal! 'and I held him—he got away from me and got across the road, and I caught him Again, and held him till my father came up—I went to the police-station behind him, and then returned with my mother—on our way we met Levi—my mother said, "There is the other man"—I said, 'Mother, do you really think it is; are you quite sure?"—I only saw the back of him then—when I got in front of him I said, "That is the man"—I am quite sure he is the man now—he had not the same coat on as when he was in the shop; my mother pulled his coat on one side, and I saw the grey coat he was in our shop in.
Cross-examined by MR. WARTON. Q. Did Wright attempt to hurt you at all? A. Yes; he fought with me—he did not leave any bruises or scratches because I held my head down—when my father came up, I said, 'This is the man; I have got him, hold him."
Cross-examined by MR. SLEIGH. Q. About what was the time? A. As near as I can remember it was about a quarter-past 8, because the Shoreditch bells had done ringing—I could not be positive to a few minutes, the bells begin at 8 and leave off at a quarter-past—they were still ringing when the men came into the shop—I should know the grey-coat if I saw it now in a moment—we met Levi near the station, but I was near the houses, and he was walking on the kerb—there were several other people walking with him—I did not at first say, "No, it ain't the man"—I am quite sure of that—I don't remember what he said when he was charged—another man came in front of him and said, "That is my brother, leave him alone; if you want to search him, I will search him"—I was at the police-court when several witnesses were examined—the young man who came up was not one of the witnesses examined that I remember.
MATILDA WYBROW . I am the sister of the last witness—on the night of 3rd February, I was in the parlour at the back of the shop with her, and saw two men come in just after 8—the prisoners are the men—I observed then
and made an observation to my sister while they were there—have no doubt about the prisoners being the men.
Cross-examined by MR. WARTON. Q. you are equally sure about both? A. Oh, yes, quite-nothing would persuade me to the contrary.
Cross-examined by MR. SLEIGH. Q. Your mother and sister took, you to the station to see Levi, I think? A. No; I was not far behind them when they took him in they did not tell me they had the other man—went in and saw him and said, "That is the other-man" he was in the dock.
JAMES GRIMLEY (Policeman, A 90). I took Wright into custody on 3d February about half-past 8 in the evening in Austin-street, Hackney-road—I told him he was charged with picking a lady's pocket—he said, "I know nothing about it he went very quietly to the station-his coat was torn off his back—he had no coat at all-Levi was afterwards given into my custody—he said, "I am quite innocent; I do not know what I am being taken for"—found nothing on Wright, on Levi I found a shilling, two threepenny pieces, and 2 1/2 d. in copper and a handkerchief.
Cross-examined by MR. WARTON. Q. You have not seen any purse or any gold rings? A. No.
Cross-examined by MR. SLEIGH. Q. Just look at this charge-sheet (produced), and tell me the time the charge was booked against Wright? A. 8.20 we have a clock in the station the charge against Levi was booked about a quarter to 9—saw witnesses called at the police-court on behalf of Levi, to prove that they were with him—think two of them were the same persons I saw in his company when he was taken into custody.
CHARLES BUSHELL . I am a cabinet-maker at 3, Edward-street—on the night of 3d February I was about fifty yards from Wybrow's shop, and saw a crowd of persons running and calling out, "Stop thief!"—ran with the crowd, and saw Wright running in front of the crowd with his bat in his hand—saw two men run up a street alongside of Shoreditch Church, and Wright said, "There go the thieves in front"—ran with Wright up Austin-street, and the female who lost the purse said, "That is the thief; stop Him, young man 'and I stopped Wright.
Cross-examined by MR. WARTON. Q. Were you examined before the Magistrate? A. No; I was not called upon—was called upon last Saturday; I was told to come here by the constable N 90—he knew where I lived because my name and address were taken down at the station by the sergeant he is not here—gave my address,'3, Edward-street, Kingsland-road."
Cross-examined by MR. SLEIGH. Q. I suppose it was after the examination before the Magistrate that you were called upon? A. Yes-Levi was shown to me at the police-station—did not recognise him there was nobody at all with Wright.
MR. SLEIGH to JAMES GRIMLEY. Q. In going from the Blue Anchor in Middlesex-street, to Essex-street, Kingsland-road, is not the direct route past the police-station? A. Yes.
MR. LANGFORD called the following witnesses for Levi.
SIMON JONES . I live at 8, Coxen-square, Bell-lane, Spitalfields—know Levi—on the night of 3d February, I was at Mr. Green's, the Blue Anchor, Middlesex-street there is a billiard-room there—saw Levi there—sat next to him for about three-quarters of an hour—saw him first at 7 o'clock in the parlour—he was there about five or six minutes, and then went up into the billiard-room—left the house with him and others—believe they were Davis, Cohen, Moses, and one or two others; that must have been
about tea minutes past 8—I am sure it was half-past 8—we were going to the Champion dancing-rooms in Essex-street, Kingsland-road—while we were going there Levi was taken into custody—I was with him then—he was never one minute out of my sight till he was taken—I was examined at the police-court on Saturday, 4th February.
Cross-examined by MR. THOMPSON. Q. How long have you known Levi? A. From twelve to fifteen months—I can't exactly tell the month—I first saw him in Coxen-square, where I live—I have worked for Mr. Jackson, six years, since I have been journeyman—we generally meet at Mr. Green's—we did not meet that evening by appointment—it is a public billiard-room—the Champion is another public-house—it was a casual thing going from the billiard-room there—I believe Levi lives in Hebrew-place, about five or ten minutes walk from where I live—I should think there went from twenty to twenty-five persons in the billiard-room—they have a proper marker in the room, Mr. Jacobs—he has been there six or eight years—I believe he is here today—I went to the billiard-room by myself.
MR. LANGFORD. Q. Do you work on Friday evenings? A. No; we work till the sun sets.
COURT. Q. What is Levi? A. I believe he is a butcher—I know he is a butcher—we meet at Green's every Friday evening, most Fridays, or once a fortnight—I met Levi at Green's and asked him if he was going up to the Champion Saloon—I believe Levi has been out of employment for the last few weeks—I can't exactly tell you how long; a few weeks—I think he has been working at a pickle warehouse.
MR. LANGFORD. Q. Is there a clothes club held at Green's every Friday? A. Yes; a young man attends there to receive the money for our clothes—this is the first time I have appeared in a Court of justice.
SAMUEL DAVIS . I live at 1, Bull-court, Middlesex-street—on the night of Friday, 3d February, I was at Mr. Green's billiard-room—there were about twenty or twenty-five persons there—Levi was there; I spoke to him—I first saw him at half-past 6—he came up into the billiard-room at a quarter-past 7, and left with me and several others at 8 o'clock, or it might have been two or three minutes after—there were six of us with Levi—the last witness, Lewis Moses, Wolf Cohen, Michael Josephs, myself; and Levi—we were going to the Champion—as we were going along, coming near the station-house, a female stopped us, and Mr. Levi was taken into custody—I had not lost sight of him from a quarter-past 7 till he was taken—I swear that; I can take my oath—I was walking arm—n-arm with him at the time he was taken.
Cross-examined. Q. Who do you work for? A. Mr. L Davis, my brother—I went to the billiard-room at half-past 6—I don't know who keeps the Champion—we pay 3d. to go in—I have been there twice before—Ralph Jacobs is the billiard marker's name, one of the same persuasion as myself—Mr. Green is also—I have known Levi three or four months—we had agreed previously to that evening to go to the dancing-rooms—six of us had agreed to go; those I have mentioned—the agreement was made the same night when we left Green's—I have never been a witness before; only in this case.
MR. LANGFORD. Q. Do you work on Friday night? A. No; it was a suggestion to go to the dancing-rooms, not an agreement—I never saw Wright before in my life.
COURT. Q. What is Levi? A. A butcher—he was in work up to the time he was taken, for Mr. Nathan, of Middlesex-street—Mr. Nathan is
there now—I was playing billiards that night with a young man who came up there—I don't know his name—there were several others playing—Levi did not play.
MICHAEL JOSEPHS . I live at 15, Middlesex-street—I was never examined as a witness in Court before this case—I have known Levi about six months I have seen him carrying out meat at a butcher's place—on the night of Friday, February 3d—I was at Mr. Green's billiard-room—I saw Levi and all the other young men there, Mr. Moss and Mr. Cohen—I was there about 7 o'clock—I saw Levi standing just by the marker, next to Samuel Davis—I left about 8 or five minutes past, with Cohen, Moss, Levi, and Jones—I pledge my oath that Levi was there from half-past 7, till the time we left—we were going to the Champion dancing-rooms in Essex-street—I did not leave Levi till he was taken into custody—he was walking with Samuel Davis—I was just behind—I know nothing at all about the other prisoner Wright—I was examined at the police-court.
Cross-examined. Q. What business are you? A. A general dealer—I deal in clothes, and go to Government sales and buy leather or anything—I am seventeen years old—Green's is a public-house—I believe the Champion is a beer-shop—I formed Levi's acquaintance one day when we went to the Rye House for a day's pleasure—we all made up our minds to go to the Champion that night—we go generally—we have nothing doing on Friday night—I have seen Levi carrying meat out—there were twenty-five or thirty people at Mr. Green's—I did not notice whether they were all Jews; it is a house frequented by Jews; any one can come up into the billiard-room—I was not in Austin-street—I don't know Austin-street—the street where Levi was token I call Kingsland-road—I don't know that it is called Austin-street—I don't know Wright—he was not in the billiard-room that night—he was not among the twenty-five—the attorney appeared the next day at the Police-court.
MR. LANGFORD. Q. You all went back to the billiard-room and told Jacobs the marker? A. Yes, and he suggested the attorney—I have no father—I work at this business for my mother—don't know the business of all the people who go to Mr. Green's public-house; only my own friends.
COURT. Q. Did you play at billiards that night? A. No; there were two parties playing—I did not take much notice; I can't say who they were—Levi was not playing.
RALPH JACOBS . I live at New-court, Middlesex-street, and am billiard marker to Mr. Green—on the evening of Friday, 3d February, I was engaged there—I saw Joseph Levi there—he came as near as possible about half-past 6, and did not leave till somewhere as near as possible 8 o'clock—I can't exactly say whether he was in the billiard-room the whole of the time—I had to keep score, and did not notice everybody—there must have been about twenty or thirty there at the time—Levi left at 8 o'clock with five or six of his friends—one of them said, "Well, Joe, are you going; we are going to the Champion dancing-rooms, 'and they did—I saw them leave together—Davis was one of them—between 9 and 10 he came back, and told me something—Mr. Green became bail for Levi, and a young man named Hyams, who keeps a clothes shop, in Shoreditch—I was at the Police-court the next day, Saturday, but was not called—I never saw Wright in my life to my knowledge—I never was in a place of this description before.
Cross-examined. Q. Did you employ the attorney? A. No—I have been at this billiard-room between 9 and 10 years—in the day-time I travel with a china and glass basket, and in the evening I have got the care of the
billiard-room—I generally get up there about, 6, and then I have to light the fires, and brush the table, and get the room together—Levi might have left the room for a few minutes; I can't say that exactly—probably he might have gone down for a few minutes into the parlour.
MR. LANGFORD. Q. Are you more busy on Friday night than any other? A. Yes; Friday and Saturday—Levi was mostly these nightly; pretty near every night.
LEWIS MOSES I live at 29, Middlesex-street, and am a general dealer in clothing—I know Levi—on Friday, 3d February, I was in his company at Mr. Green's billiard-room—I saw him at 7, when I arrived there—I went out at a quarter-past to supper, and came back at a few minutes to 8—he was then in the billiard-room—I left with him and the others at a few minutes after 8—we were all going to the Champion when he was taken into custody—he was not out of our sight all the way.
Cross-examined. Q. How long have you known Levi? A. About four months—I have seen him several times at this public-house—I have seen him in a butcher's smock—I don't know for whom he worked—I had been with him to the dancing-rooms before.
COURT. Q. How far is it from Green's to the station? A. About a mile; just on a mile—the station is in the way to the Champion.
MR. LANGFORD. Q. Did you walk along tolerably leisurely? A. Yes; we took our time in walking.
WOLF COHEN . I deal in clothes, and live in Hebrew-place, Middlesex-street—on the night of Friday, 3d February, I went to Green's billiard-room—I was there in company with Levi, and left there with him and four or five others at 8 or a few minutes after—I did not lose sight of him till he was taken into custody—I saw him first at 7 o'clock—I pledge my oath he was in Green's place from 7 till 8—I never saw Wright.
ELIZABETH GREEN . I am the wife of Judah Green who keeps this billiard room—on the night of 3d February, very close to 8 o'clock, I saw Levi there—I saw him leave with Davis and the others—I am quite certain I saw him in the room with all of them.
Cross-examined. Q. Did you see Levi come? A. No—I saw him in the room—I was serving in the bar that evening—my sister also attends to the bar—my husband was in the house that evening—I have known Levi some-time; I can't exactly say; I dare say it is two or three years, coming in and out of the house, that is all I know about him—I and my husband were going to the Cambridge Music-hall when I saw him.
LEWIS SIMONS . I am a master tailor—it is part of my business to attend every Friday evening at Mr. Green's—on 3d February was there at a quarter to 8—I left at full 8 o'clock—at that time I left Joseph Levi there; I am certain of that.
Cross-examined. Q. Where do you hold your situation? A. I go there for the purpose of collecting instalments from persons I make clothes for—I go into the billiard-room to collect.
Cross-examined. Q. Did you employ the attorney in this case? A. Yes; from the moment that Levi was taken, because I knew he was innocent—I paid the money out of my own pocket for having him defended on the first two occasions at the Police-court—I have never employed this attorney before—I have known Levi fourteen or fifteen months, no more; my wife might have known him for ten years—I never instructed the attorney to write a letter threatening an action.
MR. LANGFORD. Q. Did you on this night see Levi at your place? A. Yes—I saw him at 8 as nigh as possible—I had occasion to go through the billiard-room as I went up stairs, and I saw him—I bailed him.
Elizabeth Wybrow identified Simon Jones and Samuel Davis as two of the men with Levi when he was taken.
COURT to MARY ANN WYBKOW. Q. When you and your mother went up to Levi, was he walking arm in arm with anybody? A. I saw two together—it was a much taller man than Davis, and much taller than Levi himself—I don't think he was arm in arm with anybody; certainly not with Davis.
—They both PLEADED GUILTY to former convictions of felony. Michael Nathan, a butcher, stated that Levi was in his service for five years, and that he always found him honest and industrious.
LEVI.— Confined Eighteen Months.
WRIGHT.**— Seven Years' Penal Servitude.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. R. N. PHILIPPS conducted the Prosecution.
CHARLES PYEMANT . I am shop-boy in the service of Mr. Davies, a clothier of Eveline-street, Deptford—on Friday evening, 17th February, I was watching a bundle of about a dozen coats which were placed outside the door—about half-past 8, a lady came and said something to me—I looked for the coats, and they were gone—I had seen them safe about two minutes before—I ran down the road about twelve yards, and saw three men standing up against some railings they had some coats with them—the prisoner was one of them—he had two coats, one dark and one light—I asked him where the coats were, and said, "Give them to me"—he said, 'We've got no coats, 'and crossed the road with the other men, and went down on the right hand side—I followed them, and saw the prisoner chuck one coat over a wall, and throw the other one down, which I picked up—the prisoner ran round a turning—one of the other men ran away, and one followed the prisoner—I saw the prisoner brought back by two men, and taken to my master's shop—I afterwards went with the policeman, and saw him pull a coat off the wall where the prisoner threw it—it hung on to the wall.
THOMAS WATKINS . I live at Albert-street, Deptford, and am a blacksmith I was at my brother's house in Eveline-street, Deptford, on Friday, 17th February—I heard somebody calling out, "Give me my coat or coats"—I could not hear who it was—I went outside my brother's shop, and saw the prisoner walking on the path, and the last witness walking in the road, asking the question—I followed them—they went round a turning—there were two
of them; the prisoner and another man—I went to lay hold of them, they slipped through my hands—the prisoner fan, I followed him, caught him some distance down the turning, and brought him back—he said that he bad not taken the coats, that he saw some other men take them, and he went over to where they were to apprehend one of them—I asked him why he ran away—he said being in a strange place, knowing nobody, he knew he should have been locked up if he had not run away—I took him back to the shop, sent for a constable, and he was taken to the station.
WILLIAM HENRY MELLOWS . I am foreman to Mr. James Jackson Davies—on Friday evening, 17th February, about half-past 8, I was in his shop, and heard an alarm outside—I went to the door, and shortly after the prisoner was brought to the shop by a man—the shop-boy was also with him with a light coat on his arm—the prisoner said that he was not the man—that he saw four men outside the door take a bundle of coats, and fall down with them, and that he ran to apprehend them—there were about a dozen coats taken, worth between 3l. and 4l.—another coat was afterwards brought by the constable, that was my employer's property, and also the one brought back by the boy—I am quite certain they formed part of the handle that was taken—four out of the dozen have been brought back—these are two of the coats (produced)—they have our private mark on them, and the card is pinned on.
JAMES CHEESEMAN (Policeman, R 168). I received the prisoner in charge, and got this light coat from the boy—I then went with him about 150 yards down a turning, and found this other coat on a wall—I charged the prisoner, and took him to the station, and then went and made a further search, and found two more coats about fifteen yards from the one that was on the wall—the prisoner said he was innocent—I found a knife and a farthing on him—he gave no address.
Prisoner. Q. Did not I say I was a tramp? A. Yes; and that you had no address—you did not offer to show me where you saw the man and the clothes.
Prisoner's Defence. I was travelling through Deptford, and saw four men standing at the corner of the shop, two and two arm in arm; the behind two took the coats off a few yards, and then dropped them down; there were three females in front of them; I followed them across the road, and followed one of them down the turning, and said to the boy, "This man has taken some coats;" he said, "Give me my clothes, 'and came after me instead of going after the man with the coats, and I was taken back to the shop, and given in charge.
GUILTY .**— Confined Twelve Months ,
The following prisoners PLEADED GUILTY:—
343. WILLIAM HAMBLY (21) , to a burglary in the dwelling-house of John Buchanan Smith, and stealing therein; also, to breaking and entering the shop of Alexander Batturs Luck, and stealing therein; also, to breaking into the shop of John Buchanan Smith, and stealing therein, and also to breaking into the shop of Henry Stoneham, and stealing therein— Seven Years' Penal Servitude. [Pleaded guilty: see original trial image.] (Before Mr. Recorder.)—
345. EDWARD WILLIAM HOLFORD (30) , to feloniously forging and uttering 3 requests for 3l. 14s., 12s., and 1l. 10s., and to embezzling 15s. 2d., 13s. 6d., of Henry Gamble, and others, his masters, and 6s. the moneys of Frederick Blostock, and others. Five Years' Penal Servitude , [Pleaded guilty: see original trial image.]
Before Mr. Common Serjeant
MESSES. COLERIDGE and CRAUFURD conducted the Prosecution, and MR. KEMP the Defence.
SUSAN PRATT . I live with my brother Mr. Gilbertson at the Star, at Woolwich, and help him in the business—on Friday evening, February 3d, about half-past five o'clock, the prisoner came in for a quartern of rum, it came to sixpence; he brought his own bottle and tendered me a bad florin—I bent it, and said to my sister in his hearing, This is a bad florin"—I put it on one side; he produced a good half-crown—I gave him the change and he left—I kept the florin and gave it to the policeman about six o'clock—I had kept it in my hand from the time I put it on the box to that time I spoke to Alfred Dawston.
Cross-examined. Q. Did not he ask you to return the florin? A. No; I did not put it in the till, the boy was present and other customers; the gas was lighted.
SELINA SINCLAIR . I live with my father a fruiterer and greengrocer, at Woolwich—on 3d February about half-past five o'clock the prisoner came in for an article which came to sixpence, and gave me half-a-crown—I gave him the change and he left—I gave it to my mother directly from the till, there was only three shillings there.
Cross-examined. Q. Did you put it in the till? A. No.
HENRY BREWER . I am a grocer of Woolwich, my shop is about five minutes walk from Mr. Sinclair's—on, 3d February, about half-past three o'clock, the prisoner came in for a small piece of bacon which came to ten-pence—he gave me a half-crown—I told him it was bad—he said, "Indeed, is it fortunately I know where I took it; I have just taken it, I will go back and get it changed"—I gave it to him—he pulled out a number of sovereigns and silver, and gave me another half-crown—I gave him the change and sent my boy to follow him.
Cross-examined. Q. Will you pledge your oath that he said, 'I have only just taken it?' A. No; he did not say that, he said, "I know where I had it, and I will return and get it changed."
ALFRED DAWSTON . I was in the service of Mr. Gilbertson, of the Star Inn, Woolwich—on 3d February, after the prisoner went out, I followed him—he went into the Fortune of War, about five minutes walk off, and then to Mr. Sinclair's, about ten yards further, and then to Mr. Brewer's, about five minutes walk off—I went to the station, fetched a policeman out, and saw him take the prisoner to the station—I lost sight of him while I went into the station.
Dawston pointed out the prisoner to me in William-street, Woolwich—I told him I should take him in custody for uttering counterfeit coin—he said "Very well"—I took him to the station, searched him, and found eight sovereigns, seven shillings, two half-crowns, two florins, thirteenpence half-penny in copper, two watches, one pencil-case, a cross and ring, a locket, thirteen duplicates, four packets of sweetstuff, eight lemons, a pocket-book, a knife, a piece of bacon and part of a bottle of rum—he said he did not know the coin was bad, and that he was a travelling jeweller—I found no bad money on him.
GUILTY . Confined Nine Months.
Before Robert Malcolm Kerr, Esq.
MR. COLERIDGE conducted the Prosecution.
ELIZABETH SARAH HALFPENNY . I am thirteen years old, and am servant to Mrs. Clark, of 9, Coldbath, Greenwich, who keeps a fruiterer's shop—on 24th January, about eight o'clock, the prisoner Henry came in for a penny-worth of lolly pops—he gave me a shilling—I took it to my mistress, who gave me elevenpence change for it which I gave to him—my mistress then bent the shilling, and told him it was bad—he took it up, put it into his breast-pocket, took another shilling out and paid her—the prisoner Thomas was looking through the window—he came in and asked for an ounce of tobacco and a lucifer—we do not sell it, but I gave him a lucifer and he left—I did not see that he had a pipe.
Thomas. Q. Is the landlord of your house the brother of this man? A. No.
EMILY CLARKE . Neither of the prisoners are related to my husband—on Tuesday evening, 24th January my servant brought me a shilling—I gave her the change for it, sixpence and fivepence—the shilling looked rather dark—I tried it and it bent like a piece of lead—I went into the shop and said to the prisoner Henry, 'This is a bad shilling, give me my change?"—he picked it up, put it into his breast-pocket and gave me another—Thomas afterwards came in for a quarter of an ounce of tobacco—I said, "I do not sell it"—he asked for a lucifer and I gave him one—I had seen a man looking through the window, but cannot swear to him.
Thomas. Q. Do your husband and this man work in one iron-foundry? A. No; my husband is a labourer at Mr. Kingston's; he has worked at brass-works.
Henry. Q. Why did you not come to the first hearing before the Magistrate? A. Because the policeman said he only wanted the girl to come—I came the next week—I put the coin in a pocket by itself so that I should not pass it again.
CHARLES HALFPENNY . I am the father of the first witness—on 24th January I was passing the shop and saw Thomas Clark looking through the window, and Henry inside—I went two doors lower down and watched them—Thomas did not see me for a minute or so, and then he walked a little way and came and asked me for a lucifer—I said I had not got one, and then he went into the shop—Thomas came out first, and two or three minutes afterwards Henry came out—they joined one another about three hundred yards from the shop—I followed them into the Blackheath-road, till they came opposite the station—they were in conversation all the way I knocked at the gate of the station, spoke to an officer and pointed them out.
CHARLES CRASKE . I keep a baker's-shop in Church-street, Deptford—on 24th January Thomas came in for a penny loaf, I served him, he gave me a shilling—I told him it was bad, and said, "You are the man who passed a bad half-crown on me on Christmas-eve"—he said, "I am not"—I said, "I can swear to you"—I laid the shilling on the shelf and afterwards gave it to the policeman.
Thomas. You are quite correct about the shilling, but you are wrong about the half-crown; I was in Lambeth that evening and can prove it; I should not have come to your shop, but I rent a house down this street, No. 19, and have lived there these four years; He said he did not like going into the baker's shop as he owed money there, so he sent me in, and when I brought the shilling he said it was not bad.
Henry. It is all false what he is saying, I deny it all; he did not see me on the day in question, Witness. Not till he was at the station.
HARRIET ACKFIELD . I keep a tobacconist's shop at 5, South-street Greenwich—on the evening of 24th January the prisoner Henry came in for half an ounce of tobacco—he gave me a shilling—I thought it looked dark and shiny—I sounded it and put it in the till—there were other shillings there—the policeman afterwards came in—I went to the till and found this dark shiny shilling (produced)—I cannot swear who gave it to me, but I observed no other dark shiny shilling that night—I gave him the tobacco in a paper with my name on it, "H. T. Acfield, 5, South-street"
Henry. Q. Had you suspicion of the shilling? A. I had not discovered it till the policeman came—I did not come up on the 25th because I did not wish to appear in a police-court—there were two shillings in the till when I put that there.
HANNAH DYE . I attend in the shop of Mr. Cox, a fruiterer, of 5, Dept-ford-bridge—on 24th January, between 9 and 10 in the evening, Thomas Clark came in and asked for two oranges for three halfpence—I told him to take two—he gave me a shilling—I gave him 10 1/2 d. change, and he left—I kept the shilling in my hand—a little boy came in and spoke to me—I then bent it, and went out and gave it to the policeman Davison.
ROBERT DAVISON (Policeman, R 248). On the evening of 24th January, I was on duty at the station—Halfpenny pointed out the prisoners to me on the other side of the road, apparently talking—they walked towards Dept-ford-bridge—I followed them—Thomas went to Mr. Cox's and bought two oranges—he then went after Henry, who had gone on before—I sent the little boy into the shop—the last witness came out and gave me this shilling—I went after the prisoners, took Thomas, and charged him with passing a counterfeit shilling—he said that if he had it was unknown to him, he had taken it in change—I searched him at the station, and found on him eleven sixpences, three shillings, two fourpenny-pieces, a half-crown, 3s. 5 1/2 d. in copper, two half-ounces of tobacco, a tobacco-box, and two oranges—I saw Margetson take the other prisoner.
Thomas. Q., Was I going towards Church-street? A. Yes; you said you had been to Woolwich to seek for employment, and met this man, who asked you to have a pot of beer; that you lived in Old Pye-street, but did not know the number.
JAMES MAUGETSON (Policeman, R 122). On 24th January, a little before 9 o'clock, I took the prisoner, Henry Clark, in the Broadway—I said, "I want to speak to you; consider yourself in custody, for being concerned, with another, for passing counterfeit shillings"—he said nothing—I took
him to the station—just before I searched him, he put his hand inside his left breast-pocket—I said, "What is the matter with you?"—he said nothing—I put my hand in and Hound a bad shilling—I found in his trousers-pocket this bag containing two half-crowns, seven florins, six shillings, six sixpences, and two fourpenny-pieces, all good money; also a half-sovereign, 2s. 8d. in copper, and half an ounce of tobacco, bearing the name of "H. T. Ackfield, 5, South-street, Greenwich, 'two tobacco-boxes, a second paper of tobacco, and some lollypops.
Thomas. I thought this man was my friend, but now I find he is my enemy.
Henry. Q. Was there anybody with me when you apprehended me? A. No—you were walking by yourself in the direction of London—another constable identified you as well as me.
Thomas Clark's Defence. About 6 o'clock one morning, I was going over Westminster-bridge, and picked up 23s. 4d. all in silver. My wife has employed this man, who belongs to a gang of smashers, because she wants to get rid of me, to live with one of them. I was in perfect darkness about the money being bad. This man asked me if I was a policeman. I said, "No. 'He said, 'You are a policeman, and a spy for the Mint 'I told the Serjeant this man was a perfect stranger to me, and was employed by the smashers to do this.
Henry Clark's Defence, It is all false what he has been saying. On 24th January I came up from Hull I had not a halfpenny, or any coin about me, but I had a partner with me who had a 51. note between us, as we had been working together. We changed the note and divided the money. We parted there, as I had some friends living in London. I went to Dept-ford and Greenwich, went into a shop for some cough-drops, and tendered this shilling. I did not know it was bad till the woman said so. I gave her another. I put it into my pocket, intending to destroy it I then went to get some tobacco, and was given in charge. This man is an entire stranger to me, and all that he has been saying about me is false.
THOMAS CLARK.— GUILTY .
HENRY CLARK— GUILTY . He was further charged with having been before convicted.
ROBERT STEPHENSON (policeman, V 315). I produce a certificate—(Read: William Revell, convicted at this Court of uttering counterfeit coin, in May, 1863; Confined one year")—I was present—Henry Clark is the man—I had him, with another man named Woodhurst.
GUILTY.— Five Years' Penal Servitude.
Before Mr. Recorder.
MR. OPPENHEIM conducted the Prosecution, and MR. LEWIS the Defence.
THOMAS BROWN . I am booking-clerk at the Forest-hill station of the London, Brighton, and South Coast Railway, for the down-line—the prisoner was clerk on the other side of the line—on 16th August be came to me and said that he had been sent by Mr. Spearpoint, the station-master to
receive the cash from me, to take to his house—I counted him out 5l. 10s. in gold, and 10s. in silver, which I had received that day—he counted it after me, and I entered it in this book (produced) at the time; here is the entry—he said that he thought I should want the 10s. to work the till for change next morning, and returned it to me—he never returned to the office—I saw him again at Greenwich police-station the week before last.
Cross-examined. Q. When did you make this entry? A. On the night I paid the money to him at my office—it was my duty to pay him the money I had received, if he had previous orders from the station-master—it was not in the ordinary course of my duty—another clerk worked in the same capacity as the prisoner in the earlier part of the day; he would pay his money to the prisoner—each clerk balances when he leaves duty, and the prisoner would have to account to the station-master at the end of the day fur his fellow-clerk's money as well as his own.
MR. OPPENHEIM. Q. Was there a clerk at the station that day besides the prisoner? A. Yes—there was no clerk with me—I was working the whole of the day.
DAVID SPEARPOINT . I am station-master at the Forest-hill station of the London and Brighton Railway—the prisoner was booking-clerk on the up-line and Brown on the down-line—on the evening of 16th August I took the money from the prisoner which he had received during the day, and asked him if the money from the down-office had been brought over—he replied, "No"—I told him it was time it had, as it was getting late, and I wanted to leave—I did not receive it that night, I left—I went to my office next morning, and found that the prisoner was not on duty—I made inquiries, but have never received the money—I did not see the prisoner till he was in custody a fortnight ago.
Cross-examined. Q. Had the prisoner any authority from you to receive the money? A. No—I have been station-master two years to-day—the prisoner was in the office before me—his father has been in the Company's service twenty years, and I have known him about fifteen years; his wages were 12s. 6d. a week—it was my duty to pay them—I received them from the Company to pay him—I have not paid him his full wages for the last nine months—I have paid him as little as 2s. 6d. and 5s. a week—there had been deficiencies in his accounts, and I had had to pay money for him—it was ray duty to report it—I have withheld considerably more than 5l. 10s. from him—he did not complain of it, and tell me that he would not stop any longer—his father did not come to me and complain of my withholding money—I gave the prisoner leave of absence for four days four or five months ago, and he came back—his father did not come and complain of my stopping his son's wages on the representation that there were deficiencies, nor did he say, "If there are deficiencies in my son's accounts, report them'—I did not say that after so long I dare not do it—I mean to say that I paid every farthing of the deficiencies out of my own pocket—I. deducted them out of his wages—he was not responsible for the work of the clerk who precedes him, only for what the clerk pays over—I check the whole of the accounts in the morning, and the returns are sent to London—when the prisoner left he left about 30s. in the till—the accounts which he left on the up-side were correct; those were his own accounts—two other clerks named Graves and Watts, resigned; that was not because I stopped from their wages on the representation that there were deficiencies, nor did I threaten to do so—I never stopped any other clerk's wages—when the prisoner's accounts were made up, if they came to 5l. 10s., and he had not enough
money to pay it, I had to pay the Whole amount to the Company in the morning—I stopped half-a-crown from his wages some weeks, and some weeks 7s. 6d., sometimes 5s.—he has sometimes come and asked me to let him have half-a-crown more, and I have done so.
MR. OPPENHEIM. Q. Was it of your own accord that you stopped the money? A. It was at his own suggestion, and with his authority—these deficiencies have been going on about nine months; they amounted to 12l.—I did not give information, from the friendship and respect I had for his father—I threatened to report him several times, and he has asked me not to do so, when I have been getting into the train for the purpose of seeing his father—he gave me no notice of his going to leave.
JAMES CROFT . I am head clerk at the Forest-hill station—on 7th August the prisoner did not come back to his place—he had given me no notice that he intended to leave—I never saw him afterwards till he was at the Police-court.
Cross-examined. Q. Do you know of the prisoner's writing to the Inspector to change his place? A. No.
JOHN CARPENTER (Police—Inspector, R). I am attached to the London and Brighton-railway, and also belong to the Metropolitan Police—I found the prisoner on 8th January at Norwich, and charged him with stealing 5l. 10s., the money of the Company on 16th August—I told him he would also be charged with embezzling 17s. 8d., 16s. 8d., and 15s. 4d.—he said, "I admit the 5l. 10d., but the other amounts I deny."
MR. LEWIS submitted that the money was obtained by false pretences, which was not the offence charged in the Indictment. MR. OPPENHEIM contended that the prisoner received the money as a bailee for the Company. THE COURT considered that the case must go to the Jury.
GUILTY .— Confined Twelve Months.
Confined Eighteen Months ,
Before Mr. Justice Byles.
350. WILLIAM HENRY LANCASTER (47) , was charged upon the Coroner's inquisition only, with feloniously killing and slaying Joseph Hunt, and also, on other inquisitions, with killing and slaying several other persons.
The Grand Jury having in these cases thrown out the bills, MR. METCALFE for the prosecution offered no evidence against the prisoner on the inquisitions.
NOT GUILTY .
Before Mr. Recorder.
NOT GUILTY .
352. JOHN JOSEPH WHIFFEN (25), JOHN WHIFFEN (52), and MARY WHIFFEN (51) , Burglariously breaking and entering the dwelling-house of William Webb, and stealing therein 2 coats, 1 pair of sugar-tongs, and other articles, his property, to which
JOHN JOSEPH WHIFFEN PLEADED GUILTY ,
MR. LILLEY conducted the Prosecution, and MR. HOUSTON the Defence.
WILLIAM WEBB . I live at 12, St. George's-road, Commercial-road, Peckham, and am a tailor's foreman—my house is in the parish of St. Giles, Camberwell—on the evening of 9th January, I went to bed at quarter-past 12 o'clock; the house was then secure—the front parlour-door was fastened by a catch—I was called up from 2 o'clock to a quarter-past and on coming down found that the house had been entered by the parlour window—I missed two coats, a pair of sugar-tongs, two spoons, and a bird from a cage—this coat (produced) belongs to my boy; he was wearing it the day previously—it is my own manufacture, and I know it well—the value of the property I lost is between 4l. and 5l.
JAMES HAM (Police-sergeant, P 45). I took the prisoners on the 4th February, at 9, Smith-street, Commercial-road, Peckham—John Whiffen was sitting up in bed, and the female prisoner was following me behind—on opening the drawer in the front room, where John Whiffen was lying, I found this coat—both the elder prisoners were present—I held it up, and said, "Here is a small coat here; I think I will take that also"—the male prisoner said, "Do not take that away; that is my little boy's coat"—the female prisoner said, "Oh, yes! that is my dear little boy's coat; do not take that away for I can show you the receipt"—she pointed to the little boy, who was in the room, and said, "That is the little boy the coat belongs to—I put it back; but afterwards, I believe it was on the Monday night, in consequence of information, I went back to the house, found it in the same race where I had put it, and I took it to Mr. Webb, who identified it.
Cross-examined. Q. How soon after you went to the prisoner's house did you see Mary Ann Whiffen? A. About two days—I did not go before, because so many robberies had been committed that I had not time—I am, aware that the prisoner's son was living in the house, but he was not sleeping in that room—there was no attempt made to hide the the coat when I went the second time—the prisoners where all in custody then.
ROBERT WEBB (Police-sergeant, P 41). I was with Hum on 4th February, and saw him find a coat in a drawer—he said, "Here is a little coat; we will take that"—the elder male prisoner said, "That is my little boy's coat. Do not take that; for I bought it, and paid for it"—the female prisoner said, "Yes, that is my little boy's coat. I bought it, and paid for it, and can show the receipt"—I examined the prosecutor's house, and found that some sharp instruments had been put between the sashes, and the catch had been forced back—I found this knife in the younger male prisoner's pocket, which the elder said was his; it has "J. J. W." on the handle—here are some notches in it—a knife like this, if used between the sashes of the window, would open the catch—the mark on the sash was just about the width of this knife.
Cross-examined. Q. Were you aware that the young man was living in the house at the time? A. Yes; that was the cause of our going there.
MR. LILLEY. Q. After the prisoners were taken to the station, who remained in the house? A. We left two or three constables in it, to see that no one went out, and nothing was touched, till we returned—they did not remain in charge till the coat was fetched away again—we did not fetch the coat away till Monday.
John Whiffen received a good character.
— NOT GUILTY .
The prisoners were also indicted for burglariously breaking and entering the dwelling-house of John James King at Camberwell, and stealing 1 lamp and other articles, his property; also for burglariously breaking and entering the dwelling-house of Charles Webb at Camberwell, and stealing 2 coats and other articles, his property; also for burglariously breaking and entering the dwelling-house of Thomas Gwinnett at Camberwell, and stealing 2 table-cloths, and other articles, his property; also for burglariously breaking and entering the dwelling-house of Frederick Powell at Camberwell, and stealing 2 coats, and other articles, his property; also for burglariously breaking and entering the dwelling-house of William Barry, at Camberwell, and stealing 1 cloak, and other articles, his property, to all of which
JOHN JOSEPH WHIFFEN PLEADED GUILTY (see next case), and no evidence was offered against JOHN WHIFFEN and MARY ANN WHIFFEN.
NOT GUILTY .
353. WALTER DAVIS (26), was indicted with the said JOHN JOSEPH WHIFFEN for burglariously breaking and entering the dwelling-house of Thomas Oakley Moss at Camberwell, and stealing therein I time-piece, 3 spoons, and 1 thimble, his property. Second Count, charging Davis with receiving the said property.
JOHN JOSEPH WHIFFEN PLEADED GUILTY , **— Fifteen Years' Penal Servitude.
MR. LILLEY conducted the Prosecution, and MR. DALEY the Defence.
JAMES OAKLEY MOSS . I live at 3, Leyden-terrace, Peckham—on 3d February I went to bed about 10 o'clock, leaving the house safe, and the front parlour-window also—I was aroused between 3 or 4 o'clock by the catch being put back, but I did not think it was that—I struck a light; I vent down-stairs between 7 and 8, and found the front parlour had been entered—I missed two silver table-spoons, a clock, and a silver thimble—the window was wide open—there was some tallow on the cill, and a match partly burnt upon the carpet—I gave information, and the clock was afterwards brought to me—this is it (produced), to the best of my belief—here are a few scratches at the place where it is wound up, and I have the key in my pocket, which fits it.
Cross-examined. Q. Was there another clock very like it produced at the Police-court? A. Yes, but I said that it was not mine—there were, I believe no scratches on it.
ROBERT WEBB (Police-sergeant, P 41). I examined the prosecutor's premises on 4th February, and found footmarks in the garden, also on a sofa in the room—the window-frame was marked as if by some sharp instrument being put up between the sashes—this knife would do it—I found it in Whiffin's pocket, although it does not close—on Sunday evening, the 5th, I went to Davis's house—Sergeant Hann asked him if he had a time-piece in the house—he denied having one—he asked if he had any duplicates in, his possession—he denied having any—Hann took him in custody, and I searched the place, and in the back room, on the mantel-piece, I found this time-piece—I then searched a cupboard, and found twenty-one duplicates, an iron chisel, and this short stick (produced).
Cross-examined. Q. Did you call the clock a time-piece? A. Yes—there was a female in the house—some of the duplicates are in the name of Davis—they relate to different articles of wearing apparel and silver spoons—Davis told me he bought the clock of Whiffin for 9s., but I will not be positive whether he said of Whiffin'at the time—he has said so since.
COURT. Q. Over what dates do the duplicates extend? A. Up to 24th January, 1865—I can hardly read some of them—here is one for a ring for 3s., some petticoats, silver spoons and sheets.
JAMES HANN (Police-sergeant, P 45). On 4th February I went to Davis's residence, Albion-place, Walworth, knowing him to be a companion of Whiffin's—I looked in at the window to see if I could see him, and I saw this time-piece standing on the mantel-piece in the front room—on Sunday, the next day, I went again with Webb—the woman Davis was living with came to the door, and I said, "Is Walter at home?"—I walked in and saw Davis standing at the middle door of the room—I said, "Walter you know Jack Whiffin!"—he said, "Yes"—I said, "I have him in custody for burglary, have you any time-piece in the house?"—he said, "Time-piece, no; I have no time-piece"—I said, 'Have you any duplicates by you?'—he said, "No, I have not"—I said, I should take him in custody for being concerned with Whiffin in breaking into a house in Hill-street, Peckham, and we should search the house before we took him away—Webb commenced searching, and took this time-piece from the mantel-piece in the middle room, which was empty—I said, "Halloa, there is a time-piece"—Davis said, "Yes"—I said, "How do you account for the possession of that time-piece!"—he said, "I bought it of Whiffin, I gave him 9s. for it"—I said he must produce a receipt for that as I could not take his word—I took him to the station, and in his trousers-pocket found this purse and ten more duplicates—they are in the name of John and Ann Davis, and are for pipes, linen and coats, a pin and a table-cover—the latest is 19th January—I have known Davis twelve months, and have seen him in company with the other prisoner a great many times.
Cross-examined. Q. Who does he live with? A. With an unfortunate woman—it is a five-roomed house—they sleep in one room and let the rest—I call her unfortunate because I have seen her walking the streets and taking gentlemen home to this house—I am quite sure of that—I called it a time-piece also before the Magistrate, but they have put it down "clock"
MR. DALEY called
ANNIE HOWARD . I live with the prisoner Davis—I have private means of my own, left me by my friends—I am supported by my friends now—it is not true that I go out on the streets as a prostitute, or that I bring home men—I do not get a regular income, my friends allow me what they like, and I have shared it with Davis—these duplicates are my property—I had the things long before I knew him.
Cross-examined by MR. LILLET. Q. How long have you been living with him? A. About eight months—I can tell you everything that is in these duplicates—they are all mine except a coat and pair of trousers—I had the things before the eight months, but not the duplicates—I have taken them out and renewed them again—I had not lived with any one before Davis—I have not an annual sum left me from any source whatever; my friends allow me what they please—some of the rooms in the house are not furnished.,
Davis received a good character up to April, 1864.
DAVIS— GUILTY † on the Second Count. — Confined Twelve Months.
Before Robert Malcolm Kerr, Esq.
MESSRS. POLAND and BESLEY conducted the Prosecution.
HENRY MANNING . I am manager of the Terminus Tap, Southwark—on 1st February the prisoner came for a pint of porter, and gave me a bad florin—I gave him in custody, with the florin—I do not think he had been drinking—he swallowed the porter as if he was very thirsty.
Prisoner. Q. After you sent for the constable did I try to get away? A. No.
JOHN HIGGINBOTHAM (Policeman, M 145). The prisoner was given into my custody—I took him to the station, and received this florin—I searched him, and found a bad florin in his right-hand trousers-pocket, also two sixpences and a halfpenny—he appeared to have been drinking.
Prisoner. Q. Did I go quietly to the station with you? A. Yes—you did not try to throw away the piece you had in your pocket.
Prisoners Defence. On the morning I was taken I was not very busy and we commenced gambling. I won 13s. or 14s., and among it were these two florins.
NOT GUILTY .
MESSRS. POLAND and BESLEY conducted the Prosecution.
EMILY READ . I am the wife of John Read of the Windmill, Deptford—on 31st January Collins came for half-a-pint of beer, which came to 1d.—he gave me a florin, which I threw into the till, and gave him the change for a shilling—he said, "It is a two shilling piece"—I opened the till and looked at the florin—there was no other florin there—I corrected the mistake and gave him the right change—about a quarter of an hour after he left I went to the till again—no one else had been serving, and there was no other florin there—I took it out, found it was bad, and laid it on one side—a week afterwards he came again with Preston—I am sure he is the man—my husband was present—I gave my husband the florin I took from Collins on the 24th.
JOHN READ . On 31st January, the prisoners came to my house together—Collins asked for a pint of sixpenny ale, and gave me a bad florin—I sent for a constable directly—Collins said, "What is the matter!"—I said, "You know what is the matter; I shall lock you up for it"—he said, "If it is a bad one, give it me back"—Preston said that he knew nothing of Collins, who asked him to have half-a-pint of beer, and he had it—he said at the station that he had never been in the house before—my wife gave me a bad florin on the 24th—I cut a piece out of it, put it in the fire, and it melted very easily.
JOHN CAREY (Policeman, L 162). I was called by Mr. Read, and took the prisoners—I found a penny and a pocket-knife on Collins, and 1s. 6d. in silver on Preston—Preston said to the landlord, "Give me a pint of beer; I have money to pay for it, I did not know that this man's money was bad; he asked me to have a pint of beer"—Collins said, that on the night of the fire at the Surrey Theatre he changed a half-sovereign at a shop, and he supposed he got the bad florin in change—the fire was on 31st January.
WILLIAM ODELL (Policeman, L 15). I was on duty at the station—Preston said that he had known Collins for about eleven months, and had met him that night in Lambeth-walk, not having seen him for eleven months—Collins said that he knew nothing of Preston till the previous night, when be saw him at the fire.
The prisoners' statement before the Magistrate:—Collins says: "I was not aware I had the florin. I changed half a-sovereign the night of the fire, and this was part of the change. I met Preston the night after the fire, and gave him some beer. 'Preston says: "I was walking up Lambeth-walk and met Collins; we got into conversation. He took me to get some drink, and
I believe he put down the counterfeit two-shilling piece. If he was not aware it was bad, what could 1 know about it?"
COLLINS— GUILTY .— Confined Twelve Months.
PRESTON— NOT GUILTY .
MESSRS. POLAND and BESLEY conducted the Prosecution.
ALBERT COURT . I serve at the Anchor and Hope beer-shop, Star-corner, Bermondsey—on Thursday, 16th February, the prisoner came for a glass of wild ale—he gave me a shilling—I put it in the till—there was no other shilling there—I gave him his change, and he left—in a quarter of an hour, my sister showed me the shilling—I found it was bad, and put it away by itself.
ANNIE COURT . I am the wife of Edward Court, who keeps the Anchor and Hope—I was present when the prisoner was served—I afterwards went to the till, took out the shilling, and put it by itself—I had been present in the bar from the time he was served—I put no other shilling into the till—no one else had gone to the till in the meantime—the prisoner came again on the 18th, and I recognized him—he asked for a glass of ale, and gave me a bad shilling—I took it, and sent for a constable—I then charged him with having been there on the Thursday before, and gave the shillings to the constable.
JOSEPH DODBUN (Policeman, M 266). I took the prisoner on 18th February, and received these two bad shillings (produced)—I searched him, and found one florin, five shillings, and a half-crown, all good.
The prisoner's statement before the Magistrate: "I am innocent of the charge. I was not there on Thursday; I can prove it by a witness."
Prisoner's Defence. I have respectable friends here to prove that I was not out on Thursday, and likewise to my former good character.
The prisoner received a good character.
— GUILTY .**— Confined Two Years.
MESSRS. POLAND and ORRIDGE conducted the Prosecution.
THOMAS WALLACE . I am a draper, of 183, High-street, Newington—on 14th January, the prisoner came for a scarf, and gave me what seemed to be a half-crown—I tried it in the detector, and broke it in half—he said that he did not know it was bad—I sent for a constable, and the prisoner ran away—the policeman caught him, and I gave him in custody, with the half-crown.
GEORGE MILLER (Policeman, L 20). On 14th January, I saw the prisoner running—I ran after him, and took him—he said his name was Richard Thompson—he was taken before the Magistrate, and remanded—he gave a ft false address, for I went there—he was discharged on the 18th—I received this portion of a bad half-crown from Mr. Wallace.
JULIA LONGHURST . I was on a visit at the Cheshire Cheese, Fleet-street—the prisoner came to the bar on 22d January for two-pennyworth of rum—he offered me a five-shilling piece—I broke it, and told him it was bad—a constable was sent for, and Mr. Moore gave the prisoner in custody, with the crown.
THOMAS GOODMAN (City-policeman, 345). The prisoner was given into my custody at the Cheshire Cheese, with this crown—ho gave his name, Arthur Pope—he was taken before the Magistrate at Guildhall, remanded till the 25th, and then discharged.
SARAH MORGAN . I live with my grandmother, who keeps the Coopers' Arms, Bermondsey—on 8th February, the prisoner came for a pint of beer, and gave me a half-crown—I told him it was bad, and gave him in custody, with the half-crown.
Prisoners Defence. I had asked for the loan of ten shillings, and got a post-office order, which I got changed, and received this half-crown.
GUILTY .*— Confined Two Years.
Before Mr. Common Serjeant
MR. POLAND conducted the Prosecution and MR. PATER defended Lovell,
MARY BLYTH . I live with my son, who keeps the Dog and Stile public-house, Market-street, Southwark—I know Lovell—on the afternoon of the 9th February, between four and five, he came in with the female prisoner and another man—Fowler asked for three-halfpath of gin—I served her, she did not drink it, she gave it to Lovell—she gave me a two-shilling piece in payment, which I put in the till—there was no change there then—I after-wards took it out and found it was bad—Lovell remained there after he drank the gin—Fowler went away directly—I gave her the change out of the two-shilling piece—I lost sight of the other man—directly after Fowler left I went to the till, and the lad at the bar found the florin was bad; that is Henry Taylor—I gave it to him and he went after Fowler and brought her back—I told her she had given me a bad two-shilling piece—I don't know what answer she made—she gave the lad Taylor 1s. 6d. and then I let her go—directly after that Lovell asked me for half an ounce of tobacco, which was 2d. and gave me a two-shilling piece—I saw it was exactly like the other one—I told him it was bad and kept it, and be went out of the house—I took the tobacco away—I afterwards gave information to the police, and gave the florins to a constable.
Cross-examined. Q. Were there a great number of people in the house? A. There might be five or six, I can't say—they certainly all came in together—I would pledge my oath that Lovell came in at the same time as the woman and the other man—I don't remember that Lovell was in the public-house before Yarmouth and the woman came in—Lovell could hear what I said to Taylor about the florin being bad, he was in front of the counter, quite close—I know Lovell very well—I have seen him two or three times, but I did not know him before that day; it was not the other man and the female who had the gin—Lovell had it and drank it—I had never seen the other man before that I am aware of—I did not take particular notice of him.
Fowler. Q. Was I not in the house long before that man came in, was I not drinking there all the morning long? A. I did not see you.
MR. POLAND. Q. I understand, when Lovell gave you the florin, Taylor bad left and gone after the woman? A. Yes—I was alone at the bar.
HENRY TAYLOR . I am assistant at the Dog and Stile—on the 9th February I was at the bar with the last witness—I saw the prisoners and another man; they all three came in together—the other man goes by the name of "Chris Yarmouth"—he called for a quartern of gin and I served him, he gave me a florin—I put it in the till and gave him the change—there was
no other money there—I got the change out of a glass—they all three drank of the gin—after that I saw Mrs. Blyth serve Fowler with some gin, and she gave a florin—Mrs. Blyth put it in the till and gave Fowler change, that was the same till that I put mine into; it is all one box—the till had just been cleared I believe—there are three divisions in it—Lovell drank the gin that Mrs. Blyth served Fowler with—I believe Yarmouth and the woman then left—Mrs. Blyth afterwards called my attention to a florin, it was a bad one—I went after the woman, and found her standing at the corner opposite with Yarmouth—I brought her back and told her she had given my mother a bad florin—she made some reply, but I did not notice what it was—she gave me 1s. 6d. and she was allowed to go—after that I went to the till and found another bad florin—I took it out, Lovell was there then, he called for half an ounce of tobacco, and paid a two-shilling piece—Mrs. Blyth immediately found it was bad, and he went away—a constable was then sent for, and I gave the florins to him—I found four altogether.
Fowler. Q. Was I not in the bar long before these men came in? A. Yes, about an hour before—you were drinking with your companions in front of the bar.
COURT. Q. Did she leave then and come back? A. She left there and came round to the other two, in their box—I did not notice the men ask her to have something to drink—Lovell drank the gin.
Cross-examined. Q. Do you know Lovell as a customer at the house? A. Yes, he has been in our house several times—he was in liquor at this time, but not much—he knew what he was doing—there was nobody behind the bar but Mrs. Blyth and myself.
COURT. Q. Did you find four florins in the till all at once? A. No; one was taken out before that, the fourth was taken out, my mother cleared the till—it was found amongst the other money that had been taken out of the till—Lovell drank the gin, I am certain of that.
WILLIAM ELDRED (Policeman M. 294). From information I received I took Lovell—I found 1s. 2d. good money on him—I charged him with uttering counterfeit coin, and likewise being concerned with others at the Dog and Stile—after we got out of the public-house he said, "Where is Mr. Blyth!'—I said, "He was at the station just now, I don't know whether he is there now"—I took him to the station—Taylor gave me these four florins (produced)—I afterwards got a warrant against the woman and took her on 22d February—I charged her with uttering bad money and likewise being concerned with others at the Dog and Stile in uttering—she said, "I uttered the two-shilling piece, but I did not know it was bad, I am innocent of it."
Cross-examined. Q. Did she say anything about anybody else uttering it? A. No; she admitted drinking with Lovell and Yarmouth—I took Lovell about half-past eight in the evening at the Two Brewers' public house.
Fowler's statement before the Magistrate: "I was in the house before the others, and I joined them when they asked me to drink; I did not know the two-shilling piece I gave was bad."
Fowler's Defence. On the morning that this happened I was in the public-house before the men came in, in the front compartment, they were in the side; I was larking and joking with my companions, and Mr. Yarmouth
looked over and said to me, "I say, have something to drink. 'I said' "Well, I don't mind; 'he called for some gin and I drank it I said, "I hate some companions in the front, will you treat them! 'he said, "Yes you can call for what you like to drink, 'and he gave me this florin in my hand. I called for three halfpenny-worth of gin, gave the florin, and gave him back 1s. 10 1/2 d. I said, "I am getting too tight, I must go home; he said, "Wait a minute, 'and after that I had some more drink, and then went out across the road. Yarmouth followed me, and was asking me some questions, being an unfortunate girl; and Henry the young man came across the road, and said, "Emma, do you know what you have given me" I said, "It was 2s. was it not!" he said, "Yes, it was bad. 'I only had 1s. 6d. in my pocket, and I said, "Take that if you like;'he said, 'I must not do that. 'I then went home; the next day I went back and apologized, and the landlord said he had no doubt I had made a mistake. He knows all my family; they live in the street. I was taken a week afterwards; I did not keep out of the way of the police; it is a shame that a man should lead me into the disgrace this man has led me into.
LOVELL— GUILTY .— Confined Nine Months.
FOWLER— NOT GUILTY .
MESSRS, BAIRD and SNAGG conducted the Prosecution, MR. WARNKR SLUGS defended Enderson, MR. THOMPSON defended Gubby and Upton.
WILLIAM NATION . I am an engineer, and work at Messrs. Easton and Arnor's, of the Grove, Great Guildford-street, Bridge-road—on Saturday, 4th February, I left work at 1 o'clock—about half-past 11 or a quarter to 12 that night I was in Mint-street—I was perfectly sober—Enderson pounced upon me, and the other two rushed round me, threw me down, and picked my pockets of 10s. 6d. and a door key, and took a cap that was on my head—I have not the least doubt whatever as to the identity of these three men—I swear to them—when they came and collared me, I said, "For God's sake don't rob a poor man who has been hard at work all the week, 'and I shouted "Murder!" and "Police!"—I received an injury on my shoulder when I was on the ground—I believe it was from a blow, and 1 fell on my head also; I was thrown down—when I shouted, the prisoners ran round the corner of the street as hard as they could run—I lost sight of them, and made away to find a policeman—I went to the station, gave information to the inspector, and then went home—about 3 o'clock, I was going to the station again and met a policeman coming for me—six men were shown to me then, and I picked the prisoners out from them—they had been apprehended on that afternoon—I have now no doubt whatever of their identity.
Cross-examined by MR. W. SLEIGH. Q. Where did you go to after you left work? A. To my house, and did not leave before 6—I then went to Wands-worth-terrace, opposite Horsemonger-lane where my wife was—I did not go into any public-house then—I had a pint of beer at a public-house just before I was assaulted—that was the only public-house I went into—that might have happened a few minutes later than a quarter to 12—I had not a watch in my pocket—when I came out of the public-house it was half-past 11—it was about 200 yards from the public-house that I was assaulted—
there was a clock in the public-house—I looked Enderson full in the face when he pounced on me—I could not help looking at them all three full in the face—they were not many seconds bringing me to the ground—it was wet under foot that night; it did not rain; I think it was very clear—we were not far off a lamp; quite near enough—the street is not very wide—the lamp was on the other side—I was in the middle of the street—it is a thoroughfare—Enderson was dressed nearly as he is now; he had a cap on—it was half-past 11 when I was drinking the pint of beer—I took my time about it—I smoked a pipe—sometimes it takes me an hour to smoke a pipe, And sometimes only five minutes.
Cross-examined by MR. THOMPSON. Q. I suppose this was over in a very short time? A. Yes, there was no time consumed—I was knocked down and robbed, and they disappeared—my wife was down at her son in-law's—I know Mr. Edwin, the solicitor; he cross-examined me at the police-court—I did not tell him that I drank six half-pints of ale—I did not say I left my work at 3—I am not given to drink; I call myself a sober man—sometimes I don't drink a pint of beer in a week for months together—I remember once having three months' imprisonment; that was for assaulting my wife while in a state of drunkenness—I received 30s. wages on this Saturday—I gave all but the 10s. 6d. I was robbed of to my wife, and that I was going marketing with—I live in Bridge-road, South-wark—I don't pretend to say I ever saw the prisoners before that night.
MR. W. SLEIGH. Q. Did you, in the scuffle, hit Enderson at all? A. No, I did not; I could not, because I was held—I had both my hands in my pockets, and I could not strike him.
MR. BAIRD. Q. How long ago is it that you were convicted of assaulting your wife? A. I think it is six years ago.
WILLIAM ENDACOTT (Policeman, M 63). On Sunday morning, 5th February, at 3 o'clock, I apprehended Enderson in Queen-street—I had seen him twice previous to that, first at a quarter to 12—I have never seen the three prisoners together—I took Enderson from a description given by the prosecutor—others were placed with him, and the prosecutor identified him at once, without the least hesitation.
Cross-examined by MR. W. SLEIGH. Q. You apprehended him at the door of his own lodgings? A. Yes; he was knocking at the door to get in—I saw Enderson at a quarter to 12, in Redcross-street—I had seen him before that many a time; he was alone—in fact, he was following two others, a young man and a young woman—I saw them come out of the Duke's Head public-house—Enderson did not make the least resistance—I was in uniform—I told him I charged him with being concerned, with others not in custody, in robbing a man in Mint-street, and he said, "Very well, I'll go with you"—I found 1s. 3d. on him—I saw him in Mint-street perhaps three or four minutes before 12; a young woman was with him—I spoke to him on both occasions that I saw him—he spoke to me on the first occasion—I did not see either of the other prisoners with him—he seemed sober—I never saw the other prisoners before I saw them at the station—it was a nice night; I don't remember whether it was wet under foot—the prosecutor first spoke to me about the robbery.
Cross-examined by MR. THOMPSON. Q. I believe the case was remanded for the purpose of your making inquiries? A. Yes—I found Gubby to be a hard-working young man—I could not find the address Upton gave.
MR. BAIRD. Q. Was the prosecutor sober? A. Yes, I think so; he appeared excited, but appeared to know what he was doing—my beat is round Redcross street and Mint-street.
JOHN BARTON (Policeman, M 57). On Sunday morning, 5th February, about half-past 1, I was in Rodney's Head-yard, near Mint-street—I saw Upton there and two others—about half an hour afterwards, I saw them again together—when they saw me coming, they walked away—I followed them—the prisoners Gubby and Upton then joined them—that made a party of five—they went up Blackman-street, towards Suffolk-street—with the assistance of another constable, I took all five of them to the station—I had not known the prisoners before—I did not know anything of the robbery—my brother-constable told me—I was present when the prosecutor identified them.
MR. W. SLEIGH called
WILLIAM WOODHOUSE . I am pot-boy at the Duke's Head public-house—I was present at a raffle there from 8 to 12 on Saturday, 4th February—I think it was 4th February—I was out of the room every five minutes—I was not out more than five minutes—I saw George Enderson there—he was chairman of the club—he was continually giving me orders—some of the people left at a quarter to 12—I was putting up the shutters at 12 o'clock—I know it was 12, because I heard the clock strike—it is the usual hour for closing on Saturday night—Enderson was the last man out; he came out as I had finished putting up the shutters—I said to him, "You are the last man out, 'and he said, "Yes, I am'—I saw him once before that night, about five weeks before—he was not out of the room where this meeting was during the evening at all—he might have gone down to the yard once, but he was not out of the house—he did not go out' between 11 o'clock and the time I put up the shutters—he was quite sober—we always found him to be a hard-working chap, and honest.
Cross-examined by MR. SNAGG. Q. Are you a "Son of Labour?" A. I work hard for my living—the prisoner is the president of the Society—it had been a special meeting of the "Sons of Labour" that night—I was not in the raffles—I took up the refreshments—I put the last shutter up just as it was striking 12—I can't tell you a single person who left the house at that time last night.
JURY. Q. How do you know it was 4th February? A. It was the 11th, I think.
MR. W. SLEIGH. Q. Do you remember how many weeks ago it was? A. I should think about three weeks ago, going on for four weeks this week.
COURT. Q. When did you hear that Enderson had got into trouble! A. On Sunday morning, the next morning; I heard some people talking about it, outside the public-house—I first knew his name about five or six weeks ago, no names were mentioned, but 1 knew the man.
ENDERSON PLEADED GUILTY to a former conviction of felony at. St. Mary's, Newington, in December, 1863, in the name of Adam Enderson, sentence Twelve Months, and UPTON to a former conviction of felony at Clerkenwell, in February, 1863, sentence Twelve Months.
ENDERSON and UPTON— Seven Years' Penal Servitude each.
GUBBY.— Confined Twelve Months.
ADJOURNED TO MONDAY, APRIL 10TH, 1865.