CENTRAL CRIMINAL COURT
SEVENTH SESSION, HELD MAY 8TH, 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.
SESSION VII TO XII.
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, May 8th, 1865, and following days.
BEFORE THE RIGHT HON. WARREN STORMES HALE, LORD MAYOR of the City of London; the Hon. SIR GEORGE WILLIAM WILSHERE BRAMWELL, Knt., one of the Barons of Her Majesty's Court of Exchequer; THOMAS SIDNEY , Esq., M.P.; Sir FRANCIS GRAHAM MOON , Bart, F.S.A.; Sir ROBERT WALTER GARDEN , Knt.; Aldermen of the said City; RUSSELL GURNET , Esq., Q.C., Recorder of the said City; BENJAMIN SAMUEL PHILLIPS , Esq.; THOMAS GABRIEL , Esq.; SILLS JOHN GIBBONS, Esq.; and ANDREW LUSK , 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 Sheriff's 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.
CENTRAL CRIMINAL COURT.
HALE, MAYOR SEVENTH 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, May 8th 1865.
Before Mr. Recorder.
494. WILLIAM VESEY (37), and CHARLES DAVIS (27), were indicted for a burglary in the dwelling-house of Nathan Wolf Jacobson, and stealing 80 watches, 150 rings, and other jewellery, value 800l. his property.
MR. KEMP conducted the Prosecution.
JAMES LAMB . I am foreman to Nathan Wolf Jacobson, jeweller, 312, Oxford-street—on the night of 24th February, I shut up the premises, about half-past 10, quite secure, and about half-past 11 my attention was attracted by an unusual noise, which I could not understand—I was in an underground room at the time—I immediately went into the shop—I saw the reflection of the gas from the street—I then distinctly saw the shop-door open; the glass-cases were open, and the window in great disorder—I missed a quantity of watches and other things—no property has been found since—they were quite safe at the time I fastened up the shop—I did not see any persons that caused me any suspicion.
JAMES FURNESS . I am now in the House of Correction, under sentence—I know the prisoners—I know the shop of Mr. Jacobson, 312, Oxford-street—I was there on the night of 24th February, when this burglary was committed—I did not steal the things—I was one of the persona that went inside with Charles Davis—Davis, Vesey, and Dan McCarthy were with me—I saw both Davis and Vesey in the place—I afterwards saw Vesey come out, and Dan McCarthy went in—it was about half-past 11 or a quarter to 12—I did not see anything in Vesey's hand when he came out—next day I saw Vesey; he came to me in Drury-lane—he told me to come on—he took me to a public-house in Long-acre, where there was Dan McCarthy and Charley Davis—McCarthy gave me 3l. of the money—first of all they said they had only got a little—when McCarthy gave me the 3l. he told me to say nothing about it—the others were present.
Vesey. Q. Where did you go when you saw me come out, did you go home? A. No—I slept in Short's-gardens that night, in the next bed to you—I left at half-past 10—it was about a quarter-past 9 when we first went to the jeweller's shop, and to the public-house—you went inside, and left me outside, and I came away;
Davis. Q. You say you went into the house with me? A. Tea—I don't know what your object was in going there—yon took me in; you went in first, and said "follow me"—I suppose it was to commit the robbery—I don't know when you came out; I was not there when you came out—I next saw you next day, in the after part—the 3l. was given me to say nothing about it—I knew you about a fortnight previous to the robbery—I have not seen you above twice since the robbery—I had seen you about seven or eight times previous to the night of the robbery—I saw nothing of the proceeds of the robbery.
COURT. Q. Was not the 3l. given you as your share? A. They told me to say nothing about it—I went in with Davis for the purpose of assisting him in the robbery; he told me to go in with him—I was taken up for something else—I am in the House of Correction for being with two Other men pushing a truck—it was for stealing cloth; they did—I had six months for it—I first spoke about this about five weeks ago—I told Sergeant Cole about it—it was not for the sake of escaping punishment—my father told me to tell the truth; my parents are very respectable.
WILLIAM LOOSELEY (Policeman, C 46). On 24th February, I was on duty in Oxford-street, where Mr. Jacobson's shop is—I know both the prisoners and the last witness—I have seen the three together at the Duke of York public-house—I saw them there every night for a fortnight before the 24th—I saw them there on the night of the 24th, about half-past 10—the Duke of York is about 150 yards from the prosecutor's.
Vesey. Q. Had I anything remarkable then that I have not got now? A. You are dressed differently; you had no lame foot as you had when I saw you at the station—you had no crutches that night; you had no stick in your hand—you walked lame with a stick.
SARAH HARRIS . I live at 25, King's-road, Chelsea—on the night of 24th February, about twenty minutes or half-past 10, I was in Oxford-street, near Mr. Jacobson's shop—I saw Vesey standing at the kerb opposite the private door—he went towards two others who were standing at the corner of the street—I could not swear to the other two—the three then went towards the door—Vesey and another went in, the other walked about the street with a stick—the two remained in the house I should think more than an hour—when they came out the third man was still there—he went to the door, and stood with his back to the door, and immediately after the other two came out—they went three doors past Union-street with something, and looked at it—they then turned back again, passed the door again, arm-in-arm laughing—they went straight on, and I saw no more—I did not know them before.
Vesey. Q. Had you any thought of a robbery being committed? A. Yes—I did not give information because you were so much like the man that shuts up there—I followed you, and I noticed you; your coat was white behind—I went home about my business when you came out—I gave information when I heard of the robbery.
COURT. Q. How do you get your living? A. I do needle-work—I had been to my sister's in Tottenham Court-road—I go there three times a week—my attention was attracted to Vesey by a female speaking to him, and he made her a nasty answer, and I kept looking at him—he was walking about with a stick watching the door; promenading backwards and forwards, that made me notice him.
in King-street, Soho—I said, "Bill, I want you for being concerned frith others in a robbery in Oxford-street, at a jeweller's shop, on the 24th of last month"—he made no answer for some time—he then said, "I don't know what you mean"—I said, "You understand me perfectly well, I am a police-officer, my name is Cole, you will have to go to the station-house with me"—before the Magistrate the officer Looseley mentioned the Duke of York public-house, and Vesey said, "I never was there in my life"—at the next examination he wished to call a witness to prove that he was at the Duke of York all that evening, and was not out of it—I apprehended Vesey from the description given by the last witness—she came to the station and stated what she had seen—I know the witness Furness—I hare seen him with the prisoners, perhaps for a fortnight before 23d February; I think about four times, about the neighbourhood of the Seven Dials, and once in the Red Lion, in Portland-street, Soho, where they held a raffle for one of them—Vesey was put with five or six others, when he was picked out by the last witness, and also by the constable.
JOHN DAFTERS (Police-inspector, S). I took Davis into custody on 23d April, about half-past 5 in the evening, at 26, Bell-street, Edgeware-road—I found him standing on the first-floor landing—I said, "I am come Charley to apprehend you for being concerned, with another man in custody, for stealing a quantity of jewellery and watches from a shop in Oxford-street, about six weeks ago"—he said, "I don't understand what you mean"—I said, "Am I to understand that you don't know me; I am Inspector Dafters of the 8 division" (I had know the prisoner for years)—he said, "Is it from Walker's shop in Oxford-street?"—I said, "No, it is from Mr. Jacobson's"—he said, "I don't know anything about it; why do you suspect me?"—I said, "You are circulated in the information as being wanted for being concerned in it"—he said, "I don't know any thing about it; I will go with you."
NOT GUILTY .
MESSRS. M. J. O'CONNELL and CLARK conducted the Prosecution, and MR. COOPER the Defence.
MARGARET LEGG . I am the wife of Robert James Legg, of the French Horn public-house, Crutched-friars—on 17th April, about 8 o'clock, the prisoner came in and asked for half a quartern of gin—she gave me a half-crown—I saw that it was bad—I said nothing till I bad tried it in the detector, and I then asked her to wait a few minutes, and I would show her another bad one which she had passed about a fortnight previous—she said, "Are you prepared to swear to that"—I said of course not, but I would call the barmaid, who would no doubt recognize her—I called her and said, "Is this the young person you served with a half-quartern of rum, and who tendered you the half-crown," and she said, "Yes"—I then produced the second half-crown—the prisoner immediately run out of the house, and the potman ran after her, overtook her, and she was brought back in charge of a policeman—she left her bottle on the counter, with the gin in it—the half-crowns were given to the policeman.
Cross-examined. Q. What sort of bottle was it? A. A medicine-bottle—I don't always put half-crowns in the detector, only those I have suspicion of—we have a good many people come into our house.
FANNY O'BRIEN . I am barmaid at Mrs. Legg's—I remember the prisoner coming in a fortnight before this, about 8 in the evening, for half a quartern of rum—she gave me a bad half-crown—I gave her the change, and put the
half-crown in the till—there was no other there—Mr. and Mrs. Legg went to the till, about an hour afterwards, and saw the bad half-crown—they called my attention to it, and it was placed on a shelf—on the evening of the 17th, Mrs. Legg called me into the bar, about 8 o'clock—the prisoner was there—Mrs. Legg asked me if she was the person who I had taken the bad half-crown of, and I said "Yes" directly—I am certain she is the person—I gave a description of her to Mr. and Mrs. Legg.
Cross-examined. Q. You serve a good many women do you not? A. Yes, but we have very few women come and take things away in a bottle—she came with the same bottle before—it was a fortnight before the 17th that she came, not three weeks—we did not find any bad money in that fortnight—Mr. and Mrs. Legg and myself serve in the bar—sometimes the potman does—he is not here.
JOHN CROSSLEY (City-policeman, 551). Between 8 and 9 on the evening, of 17th April, I saw the prisoner in Crutched-friars running—the potman from the French Horn was running after her—she ran against me, and I stopped her—the potman said, "She has been passing bad money at our house, you had better bring her back"—she said, "I have never been in the house"—I took her back, and she was given in charge—while the charge was being taken she gave me a good half-crown—no other money was found on her—she refused her name and address, and afterwards gave the name of Ellis—these are the two coins I received from Mr. Legg (produced.)
Cross-examined. Q. Did the prisoner say "I passed only one?" A. Yes; she said she did not pass two.
Cross-examined. Q. Are they from different dies? A. Yes.
GUILTY .— Confined Six Months.
ALFRED HERBERT WILLIAMS . I am a seaman, at 5, Providence-alley, Aldgate—on the Friday before the 26th April, I was in Rosemary-lane, about half-past 11—I had had three glasses of stout—I do not consider I was the worse for liquor, because I knew what I was about—the prisoner came up to me just by the wall of the Mint and began to hustle me about, and 1 felt queer as if something came across me; I am certain something came across my nose—he asked me for some drink after knocking me about—I took him into a public-house to get rid of him—I went into the Blackamoor's Head, and gave him a glass of beer there; he then followed me out, and pulled me down a street, and tried to push me further down the street—my wife then came up to me—the prisoner asked her what she wanted with me—we came up to the door and we thought he had left altogether—a girl then came up to the door and turned my wife round, and the prisoner made a snatch at my waistcoat-pocket and took a purse containing 2l. 12s. 3d.—in the force of pulling it, I fell down and he ran away—I did not see him again till the Tuesday evening; there was a policeman present on the Friday, and a complaint was made at the time—he came in to see me after I was taken indoors—I did not complain to the police on the Sunday, I was insensible at the time—I next saw the prisoner at Leman-street police-station—the policeman came and told me the prisoner was taken, and I was to pick him out—the prisoner was placed with five or six others, and I identified him.
ELLEN WILLIAMS . I am the wife of the last witness—on this Friday night I was called down by my landlady—I went down the street—my husband was at the top of the street with the prisoner—I recognised him again when I saw him at the police-station—my husband was pulling his left arm from him—I went towards them, the prisoner asked me what I wanted with the man—I told him he was my husband—he then left and we thought he was gone—we walked to our own door, 'about the middle of the street, and just as we were entering the door a girl pulled me round by the arm—I turned round and asked what the wanted, and with that the prisoner snatched the purse from my husband's waistcoat pocket; the violence of the snatch threw my husband down, about a yard from me, he remained insensible for some time.
MARY WILSON . The last witness and her husband lodged with me in Providence-alley—on Friday night, in consequence of hearing some voices outside, I looked out, and saw the prosecutor and the prisoner—the prisoner was jostling him—I went and told Mrs. Williams, and she went out—I saw the prisoner snatch the purse just by the door—Mrs. Williams went out—I saw the prisoner coming down the street with him, and when he came as far as the door this man turned round and slewed Mr. Williams round and snatched his purse—I am sure he is the person—I saw him again on the Tuesday night in Leman-street—I cannot recognise him for I was not many minutes at the door—I pointed out some other man—the prisoner is the size of the man.
BENJAMIN ARCHER (Policeman, H 101). I received an account of this robbery, and had some description of the person; in consequence of which I apprehended the prisoner in Castle-street, St. George's—I told him I should take him in custody for assaulting and robbing a man on Friday evening last, at the corner of Providence-alley—he said, "I know nothing about it"—I afterwards placed him with five other persons—I sent for the prosecutor and he identified him—the last witness did not, she pointed to another man.
CAROLINE FREEMAN . I keep the Blackamoor's Head—I know the prosecutor by sight—I remember him being in our house on this Friday night—he was accompanied by a man—I do not recognise the prisoner as the man—I did not take any notice of him, I was speaking to Williams during the time—they stayed two or three minutes—there were more people there.
THOMAS PAYNE (Policeman, H 198). On Friday, 21st April, I was called to Turner-street, about 12 at night—that is on one side of Providence-alley—I saw the prosecutor lying on his back with a wound on the side of his face, bleeding—I received a description of a person from his wife.
GUILTY .**— Five Years' Penal Servitude.
HENRY RUSSELL . I am a warehouseman, at 39, Aldermanbury—on 21st April I was in the warehouse on the ground-floor—I saw a person of the name of Paddon running towards the door calling out—I went to the door, and saw lying there this bundle of jackets (produced)—they are my property—they had been on the counter; I could not say how recently before I had seen them—I had not seen either of the prisoners in the shop that I recollect—several boys had been in inquiring for situations, but I did not take any notice of them myself.
FREDERICK PADDON . I am in the employment of the last witness—on 21st April I saw Smith in my master's warehouse—he came in to know if we wanted a boy—I told him no—as he was going away I saw the bundle of jackets at the end of the warehouse move—I did not see what caused them to move—on seeing that I went close up to Smith and shut the door after him—he came in again in about three-quarters of an hour or an hour afterwards, and as soon as he came to the door I saw the bundle of jackets disappear—I ran to the door, passed him and saw Ward and another one putting them in a bag, and as soon as they saw me they ran away—they were in the passage—the door of the warehouse goes into a short passage, which goes up stairs—there is a way out by the passage—you come in by the street door into the passage, and then turn into the warehouse—I saw Ward and another boy, not in custody, in the passage putting the jackets into a bag—not Smith, and when they saw me they ran away—I ran after them, Smith ran away as well—he seems to have followed me, running the same way as the others did—I had run past him—he came a little way into the warehouse—the door was kept open by somebody outside—the jackets were behind the door on a counter—Smith remained in our warehouse as I ran out.
Smith. I never went into his place. Witness. I am quite certain of him.
SAMUEL KNIGHT (City-policeman, 159). I was in Philpot-lane on 21st April, which is about forty yards from Aldermanbury—it turns out of Addle-street—I saw Ward there, Mr. Russell had hold of him—Smith saw walking away, and he pointed him out to me—I pursued him, brought him back, and he was given into custody.
COURT to MR. RUSSELL. Q. It seems you had hold of Ward. A. No, I do not recollect that I did—I may possibly have done so—I did not see either of the prisoners when I ran out—I followed my lad—the two prisoners seemed to have been stopped by some gentleman.
Smith's Defence. He did not point me out; I was in a public-house having a pint of beer, and when I came out some man said, "There is the other man," so the policeman came and took me, and I did not know what it was for.
Ward's Defence. I say the same. I was in a public-house and some man came and took me out, and said I was charged with stealing the coats.
SMITH, GUILTY .**— Five Years' Penal Servitude ,
WARD, GUILTY .*— Confined Eighteen Months.
MR. COOPER conducted the Prosecution, and MR. LANGFORD the Defence.
GEORGE HEALING . I live at 13, Brittania-road, Islington, and am an errand-boy—about twenty minutes past 12, on the night of the 1st of April, I was in Brittania-road, with my cousin—as we Were looking at a play-bill I saw the prisoner and another named Odell coming up on the other side of the street—they ran across the road—Odell caught hold of me by my coat and said, "That is the b----your money or your life, or you shall not go," and he knocked my head against some boards of a hoarding—I said I had not got any money—he said, "take that," and hit me in the eye and
knocked my head against the boards Again—my cousin tried to pull the prisoner off me—he was catching hold of me by the breast—he knocked my cousin down and assaulted him—I ran across the road, they came after me and hit me on the head, and knocked me down, and one of them put his knee on my breast and caught bold of me by my throat and knocked my head against the stones—Odell put his hand in my right-hand pocket to get my money, but my money was in my left pocket—some persons were looking out of a window—they halloaed out, and both men ran away—I knew the prisoner by sight, but never spoke to him—I am quite sore he is one of the men—I picked him out from several others on Saturday night.
Cross-examined. Q. Was there a light near where that happened? A. Yes, one on the opposite side of the way—we had net been reading the bill above a minute before the men came up to us—they came along knocking up against the wall and singing—I did not lose anything—I should think this occupied about quarter of an hour—I was trying to get away—I gave a description of the prisoner to the policeman—I think it was the third Saturday night afterwards that I saw him at the station—I had 3s. in my pocket and 3d.
WILLIAM HALLS . I am cousin of the last witness—I was with him on this night—as we were looking at the play-bill I saw two men coming up—the prisoner is one of them—they rushed across the road, caught hold of my cousin by the neck, and said, "this is the b----I went up to the prisoner and caught him by the collar and said, "Leave him go"—he would not and used a bad expression—he turned my band and the other kicked me in the leg—the prisoner hit me over the nose and knocked me down—he hit me several times as I was getting up and cut my lip in two places—he then ran after my cousin—I went for my uncle and when we came back they were gone—I saw the prisoner again on 15th April at the station—I could not say whether he was drunk or not on this occasion—I have no doubt that he was one of the men—I did not see the other man do anything to my cousin.
Cross-examined. Q. How long was this taking place? A. About five minutes.
JAMES TAYLOR (Policeman N 33). I took the prisoner into custody on 15th April—I told him the charge—he said, "I am quite innocent, I can prove that I was in the country at the time"—I took him to the station and placed him amongst several others about the same age and appearance and the two lads picked him out.
Cross-examined. Q. Do you know where the prisoner lives? A. Yes, about five minutes' walk from the prosecutor—J have known him about eight years—I never knew him to be in custody—I have frequently seen him with Odell—they are first cousins.
NOT GUILTY .
(The prisoner-subsequently PLEADED GUILTY to a common assault— Confined One Month ).
JOSEPH WILLIAM MAIRE . I am a cheesemonger at 16, Langley-place, Commercial-road—on the night of 1st May I was in Little George-street, between half-past ten and eleven, when the prisoner came up to me snatched my watch, and ran away—I ran after her, and as I ran I was knocked down by a man; I got up again and still followed her—I overtook her in one of the streets, I don't know the neighbourhood—I said, "Give me my watch,"
she said she had not got it—I understood she had let it fall or thrown it—down—I caught hold of her hand and took the watch from her—shortly afterwards I saw a policeman and gave her in charge, this is my watch (produced), it is a valuable watch, a key was attached to it at the time, that was produced by another constable, this is it, when I took the watch from the prisoner, the key was not with it.
Prisoner. I never saw the gentleman. Witness. I am positive of her—she is the person I afterwards found with the watch—I had lost sight of her—after I got the watch from her and gave information to the police, and saw her again in a very few minutes, at the most three or four.
JAMES THREADGOLD (City-policeman 559.) I received a description from another officer on the night of 2d May, and in consequence took the prisoner into custody about two minutes after—I said I should take her on suspicion of robbing a gentleman a few minutes ago in Little George-street, she said, "Oh dear me, don't take me, it is not me"—I said, "I will take you round to the next street and if it is not you, you shall go"—I took her round there and saw the constable and the prosecutor together—he said, "That is the woman that robbed me of my watch"—I said, "Give me the watch"—he said, "No, I shall take care of it myself"—she said, "Pray don't give him the watch, pray don't give him the watch"—she said that she was innocent.
Prisoner. Q. Was I not walking very slowly along the Minories when you tapped me on the shoulder? A. You were hurrying by Moses and Sons, and as soon as you saw me half way across, you took a steady step—I said you had a reddish shawl on, by gaslight you could scarcely tell the colour of it.
JOHN WILLIAM GARDNER (City-policeman, 545). I received information from the prosecutor—he pointed out the direction in which the prisoner had gone—I saw the prisoner at the time running up Little George-street—I went round Jewry-street and thought I should meet her, but I missed her—I afterwards saw her in the custody of the last witness—I picked up this key at four o'clock on the following morning in Little George-street—the prosecutor was quite sober.
Prisoner's Defence. I left Thames-street at half-past ten, and walked very slowly and passed several policemen; when I came to the corner this policeman caught hold of me and said, "I want you for being concerned in stealing a watch,"—I said, "I have got no watch, "I bad a piece of steel in my hand which I picked up; the prosecutor was tipsy; there are several unfortunate women who wear shawls the same as mine.
GUILTY *— Confined Eighteen Months.
JOHN JONES . I am a shoemaker, living at 8, Artillery-square—on the night of 10th April I was going down Dacre-street and saw the prisoner and a young man, the young man said to me, "You offended this young woman," I said, "No, I did not,"—I had not done or said anything to her, she said I did, and I said it was a lie, they then both struck me—the young man struck me first with his fist, and then the prisoner struck me—I could not tell what she struck me with at first, whether it was the knife or her fist—she struck me on the face, and cut me on the eye, through the eyelash and over the eye—I could not say how many times she struck me, there was
only one cut on my face—a policeman came up and I gave the prisoner into custody—a woman went back and brought a young man who was with me, or she would have killed me dead on the spot, that was John O'Brien.
Prisoner. He came up and insulted me first, he was drank and struck me in the mouth, I forgot that I had a knife in my hand and it struck him in the mouth. Witness, I was not sober—I had some liquor taken—I had been drinking about two hours—I can't remember how much I had taken—O'Brien was in company with me before, but not at that time.
JOHN O'BRIEN . I was with the last witness at a public-house on this night—we were drinking our share of half a gallon of beer—I was not to say sober and I Was not drunk—I left him outside the public-house, and in consequence of something I heard I went back to Dacre-street and saw Jones and another man fighting against the wall and the prisoner was standing in the middle of the road about four yards away, and he then ran up to Jones and struck him in the face with the knife—I saw the blood and caught hold of the girl and kept her and left the other two fighting—Jones struck the prisoner after she stabbed him.
COURT. Q. Did you take hold of her before she stabbed him or after? A. After; I held both her hands.
SIMON MASTERS (Policeman A 244). I heard a disturbance in Dacre-street on this night, and went there and found the last witness holding the prisoner—the prosecutor charged her with stabbing him in the eye with a knife—I saw this knife in her hand, she dropped it and I picked it up—a person asked the prisoner if she had stabbed the man and she said, "Yes, I stabbed the bloke and would anyone else, he hit me"—going to the station she said, "I will do it, if it is for twenty years to come—I hare carried the knife all day, but somebody else has got it"—I understood her to mean that she had carried the knife to stab some one else—the prosecutor was drunk, O'Brien was sober.
CHARLES ST. AUBIN HAWKINS . I am house-surgeon at Westminster hospital—the prosecutor was brought there on 11th April, at half-past twelve in the morning—he was suffering from an incised wound of the left upper and lower eyelid—I should say it was done with more than one stab, such a knife as this would inflict the wound—it was a very narrow escape from the eye, the lower lid was completely divided,. but the eye was untouched.
CATHERINE CALLAGHAN . I am the wife of Thomas callaghan, a shoemaker—I was coming up Dacre-street on this night and saw Jones and the prisoner—Jones said to the prisoner, "Have I insulted you?"—and she said, "Yes, you have"—the young man who was with her also said he had insulted the young woman—Jones said he was a liar, he had not, and they both struck Jones—I said something to O'Brien and he went towards the spot—I came with him and saw Jones with a cut on his face—O'Brien caught the prisoner in his arms, and caught hold of her hands.
Prisoners Defence. I did not know that I did it.
GUILTY of unlawfully wounding — Confined Eight Months.
The following prisoners Pleaded Guilty:—
502. CHARLES WILLIAMS (29), and CHARLOTTE WILLIAMS (27) , to a Burglary in the dwelling-house of Margaret Bruce and stealing therein one timepiece, value 30s. and other goods, value together 15l. 7s.—Charles,
Confined Twelve Months, Charlotte, Six Months. [Pleaded guilty: See original trial image.]
503. EDWARD HERBERT SOPWITH (23) to Stealing 3 pairs of boots, 27 yards of chene and 36 pairs of gloves, of William Richard Sutton, his master.—* Confined Eighteen Months. [Pleaded guilty: See original trial image.]
504. WILLIAM HENRY PRICE (28) , to Embezzling and stealing on 17th January, 5l., on 2d February, 5l. and on 7th February 5l. of the United Kingdom Electric Telegraph Company Limited, his masters. The prisoner received a good character. Recommended to mercy by the prosecutors.— Confined Twelve Months. [Pleaded guilty: See original trial image.]
506. JOHN RATTENBURY (28) , to Feloniously forging a request for the delivery of goods, also to a previous conviction in October, 1863.— Confined Two Years. [Pleaded guilty: See original trial image.]
507. GEORGE AUSTIN (21) , to Stealing a shawl, the property of John Sadler, also to a former conviction in January, 1864, sentence, twelve months.— Confined Eighteen Months. [Pleaded guilty: See original trial image.]
COLLINS also PLEADED GUILTY to a former conviction, in October, 1863.— Confined Twelve Months ,
FELSTEAD Six Months. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, May 8th, 1865.
Before Mr. Common-Serjeant.
MESSRS. CRAUFURD and GOUGH conducted the Prosecution.
JAMES BRANNAN . On 6th April, from information I received, I went with Inspector Potter and other officers to Lichfield-street, St. Martin's-lane, and placed myself in a house which commands a view of Porter-street—the prisoner passed me, and I followed him into West-street—he frequently looked round, and when I was very close to him, he stooped down and then attempted to run away—I seized him by the cuff and collar—he resisted very much, but Inspectors Brennan and Potter came to my assistance—I said to the prisoner, "You are suspected of having counterfeit coin in your possession, what have you got about you?"—he said, "Nothing"—Potter took from his coat this packet (produced)—I opened it and found four small parcels—I said in the prisoner's hearing, "This is bad," he said, "I picked it up, I was going to take it to the station"—I found thirty-four bad shillings.
Prisoner's Defence. I picked them up in Butler-street, and was going to take them to the police-station when Mr. Brannan laid hold of me.
GUILTY .*— Confined Fifteen Months.
MR. CRAUFURD conducted the Prosecution.
George's-street—she sells tobacco—the prisoner came in that day, and I served him with half an ounce of tobacco, which came to three halfpence—he gave me a half-crown—I put it in the till—there was no other half-crown there—I gave him his change—I went to the till in half an hour, and found it was bad—he came again on 24th April, and I recognised him directly.
ESTHER WISEMAN . My husband is a tobacconist—I am a sister of the last witness—on 24th of April the prisoner came for half an ounce of tobacco, and gave me half a crown—I saw it was bad directly—he asked me to give it back to him, but I said, "I shall keep this"—he turned to go—I followed him, he took me by the arm at the door, and said, "Will you give me the half-brown?"—I said, "No"—I followed him to Mr. Girton's shop, where he said, "I am only looking for my partner"—I said to Mr. Girton, "This villain has passed three bad half-crowns in my shop in a fortnight" (I had taken three)—he ran away—Mr. Girton ran after him, and I saw him in custody ten minutes afterwards—I gave the half-crown to the constable—I found a bad half-crown in the till on 17th April, which I gave to my sister.
Prisoner. I plead guilty to that.
PHILIP BRADLEY (Policeman, H 59). I saw the prisoner running, followed by Mr. Girton—I stopped him and took him to the station, but found no money on him—I received this half-crown from Sarah Edis, and this other from Mrs. Wiseman.
MR. WEBSTER These two half-crowns are bad, and from the same mould.
GUILTY .— Confined Nine Months ,
MESSRS. CRAUFURD and GOUGH conducted the Prosecution.
EMMA SUTTON . I am the wife of Cornelius Sutton, who keeps the Royal Cricketers, Old Ford-road—on 5th April, West came, about noon, for half a quartern of rum, which came to threepence—I put it into her bottle—she gave me a florin—I found it was bad, called my husband, and pointed out the prisoner to him.
CORNELIUS SUTTON . On 15th April, my wife called me and I found West at the bar—I asked her where she took the florin—she said, "In the Mile-end-road, I will be more careful in future. I have only three halfpence, and cannot pay"—she gave me back the rum, and I broke the florin in two, and let her go—I watched, and she joined Sale, I think it was, about 150 yards off—I missed her a few minutes, and then saw her with him—I followed them and overtook them about 300 yards from the house—they stood talking together at the end of Bonner-street and Green-street—they separated about fifty yards down William-street—Sale then stopped while West went into the Lion, when she got in, he went right opposite the house—before I got to the house West came out—I then went in, and Mr. Shaw showed me a bad florin—Mr. Shaw sent Ellis out with me—I pointed Sale out to Ellis—I overtook West, tapped her on the shoulder, and said, "You passed a bad florin to me just now, and said you had no money but three halfpence, and now you have just passed another one"—she said that a gentleman had just given it to her—I took her to Mr. Shaw's, and charged her—she gave Mr. Shaw some change, and a bottle with some liquor in it—Ellis came in while I was there without Sale—but in consequence of something, I saw, he went out again, and returned with Sale, who I gave into custody—I handed two out of the three pieces of the florin to the constable—I told Sale that he had been in West's
company—he said, "I have never seen her before, but I have been in company with two or three females this morning"—he then said that he had just wished her good morning—I said, "I watched you down Green-street to Mr. Shaw's house—he said that he knew nothing about the woman—he left her in the middle of the square—she said that she did not know him, and never saw him before—he afterwards admitted being in her company.
Sale. It is false.
JESSIE SHAW . I am the wife of Joseph Shaw, who keeps the Lion public-house, Globe-fields—on 15th April, about 12 o'clock, West came and asked for a glass of porter, and half a quartern of rum, which came to fourpence—she brought a bottle—she gave me a florin, I gave her 1s. 8d. change—I put the florin in the till—there was no other florin there—as soon as she left, Mr. Sutton came in, and I went to the till, and found the florin was bad—Mr. Sutton and the barman left the house, and shortly afterwards Ellis came back with Sale—I said, "No, that is not the party, it was a female" and Sale was allowed to go—shortly afterwards Mr. Sutton returned with West, and I recognised her, and said, "You have given me a bad florin, you must give me the change back, and the rum"—I took the rum out of the bottle—my husband gave the coin to the inspector.
HENRY ELLIS . I am potman at the Lion—Mr. Sutton pointed out Sale to me, and I went and said that he must come back with me, as he had passed a bad florin—he said, "Me! you do not mean me"—I said, "Yes"—he said, "It is a mistake"—I took him back—Mrs. Shaw said that she did not know him, and I let him go—Mr. Shaw then came in with West, and sent me after Sale again—I found him Alderney-road, about 150 yards from the house, walking slowly—he went back with me.
JOHN PIERMAYNE (Policeman). I was fetched to Mr. Shaw's, and the prisoners were given into my custody with these coins and this bottle, which has had rum in it—I searched Sale, and found a bottle, a purse, a good shilling, and two pence—he said at the station that he knew nothing of West, though he had seen her and been in her company—I found on West a purse, three halfpence, some postage-stamps, and a knife—she said, "The man is a stranger to me, I was not aware that the florins were bad, I took them of a gentleman the night previous."
Sale's Defence. I met this woman accidentally, she spoke to me; I walked a short distance with her, and she bade me good morning; I never saw her before.
West's Defence. This young man is a perfect stranger to me; I had the two florins given me on Friday evening.
SALE GUILTY .—** Confined Eighteen Months ;
WEST GUILTY .— Confined Twelve Months.
MR. CRAUFURD conducted the Prosecution.
ANDREW SIDILL . I keep the Swiss-stores, Cranbourne-street—on 12th April the prisoner came in with a man, they asked for half a quartern of gin and peppermint, which came to twopence halfpenny—the prisoner gave me a half-crown—I put it in the detector and broke it—she said that she was not aware that it was bad and tendered another half-crown, for which I gave her the change, and sent for a constable.
half-crown—she gave her name Elizabeth Allen—she was examined before a magistrate next day and discharged.
WILLIAM JOHN BENNETT . I am shopman to Priest and Co., outlets, 235, Oxford street—on 22d April, the prisoner came and asked me for a knife, it came to 1s. she gave me a crown—I looked at it, and told her it was bad—she said, "Is it? a gentleman gave it me in the park"—I gave her in custody.
ABRAHAM HAWKS (Policeman, D 285). I took the prisoner—she said that she took the half-crown of a gentleman in the park, and twopence besides—I found twopence on her—she said that she was very hungry, and had had nothing all day.
The Prisoner's statement before the Magistrate:—There was a young woman with me when I got the crown piece, and she saw the gentleman put it into my hand; he walked with us to Quebec-street; she said she wanted a pen-knife, and asked me to buy one, and she would pay me when I got home, 1 bought one.
Prisoner's Defence. A gentleman in the park asked me to go with him, and I did; he gave me the crown.
NOT GUILTY .
MESSRS. CRAUFURD and GOUGH conducted the Prosecution.
RUTH HODGES . I am the wife of Henry Hodges, of the Plough, Mill-hill—on 7th April, a little after 5 o'clock, Brown came in for a pint of porter, which came to 2d.—he gave me a half-crown—I put it in my pocket, where I had no other half-crown, and gave him a florin and fourpence in change—he left, and I shortly afterwards found the half-crown was bad—I put it by itself and gave it to the policeman Layton—I had seen Brown a short time before, when he offered a bad sovereign at my house, but I did not take it—Layton brought the half-crown back, and I gave it to Layton.
HARRIETT YOUNG . I live next door to Mr. Hodges—on 27th April, a little before 5 o'clock, I looked out and saw Callaghan sitting on a log of wood about three yards from my house—a short time afterwards, Brown came from Hodges' I believe, and spoke to Callaghan—they went away together then towards Mr. Anstey's.
HENRY THORNTON . I am a plumber, of Friern Barnet, and work for Mr. Anstey—I was at work for him at Mill Hill on 27th April, about 5 o'clock, and met the prisoners together coming from the direction of Highwood-hill towards Mr. Anstey's house—they parted about thirty yards before meeting me—Brown turned down to Mr. Anstey's and Callaghan passed me—I went to put away my tools, and saw Brown in charge—I said to Mr. Anstey, "There is a pal up at the corner"—he went and brought Callaghan back.
ANN ANSTEY . I live with my son, who keeps the Three Hammers, Mill-hill, Hendon—on 27th April, about 5 o'clock, Brown came in for a glass of ale, which came to 1 1/2 d.—I gave it to my daughter-in-law as there was not sufficient change, and called my son.
JOHN ANSTEY . My wife gave me a bad half-crown—I took it back to where Brown was standing and asked him if he was aware it was bad, and where he got it—he hesitated some time, and then said that he had taken it at Stan more, and knew the man he had taken it of, and he had no money to pay for the ale—I bit the half-crown and pitched it on the counter—I fetched a constable who lives opposite, and who waited outside, and came back and found the prisoner with the half-crown in his hand—I asked him to give it to me to compare it with a good one—he gave it to me, and I gave it to the constable, and gave him in charge—soon afterwards I met Thornton, who described a man, and said in Brown's presence, "Why, he has a pal there, who has gone towards the Grammar-school"—I then went past the Grammar-school, found Callaghan, and gave him in custody—I saw him go to the corner of a wall there where there is a bank—I did not see him stoop down.
CHARLES BARRETT . I am a baker, of Little Stanmore—I was in the Three Hammers, and Brown came in for a glass of ale—I saw Mr. Anstey throw a half-crown on the counter and go out—Brown turned it over and handled it the whole time as if he was surprised to see that it was bad—I went with Mr. Anstey in pursuit of Callaghan—he was reeling across the road, and I saw him stooping—he went on twenty yards, picked up a piece of firewood, and came up biting it towards us—I said to him, "Mate, you must come back with us"—he said, "For why?"—I said, "Your mate says that he is waiting to see you"—he said, "I am going to take the stile to Barnet"—he came back, and was given in custody—next day I pointed out to Loach and Savage the place where I had seen him stooping.
WILLIAM SAVAGE (Policeman, S 297). On the morning of 28th April, in consequence of information, I went to this bank, and found this bad half-crown under a sod, wrapped up in a bit of rag—there was a little hole scraped in the bank, and the sod was on top of it—I afterwards went with Barrett, who pointed out the spot to me.
JOHN LOACH (Policeman, S 219). I took Brown, and received a bad half-crown from Mrs. Anstey, and another from Mrs. Hodges—I searched Brown and found a purse, but no money—I found on Callaghan two florins, a shilling, four sixpences, and 10 1/2 d. in copper, all good.
Brown's Defence. I was never in Mrs. Hodges' house. I went into Mr. Anstey's, but I told him where I got the half-crown from. I had plenty of time to make away with it if I had been inclined; I was there a quarter of an hour by myself I took it of a man I know by sight.
Callaghan's Defence. I was at the Buck and Doe public-house, and this chap spoke to me. I went to Mr. Anstey's, and Brown came in five minutes. I went out, and he came after me.
GUILTY .— Confined Fifteen Month each.
MESSRS. CRAUFURD and GOUGH conducted the Prosecution.
SARAH WILSON . I am the wife of George Wilson, who keeps a general shop in Enfield Highway—on 4th April the prisoner came for an ounce of tea and half a pound of sugar—they came to 5 1/4 d.—she gave me a florin—I gave her 1s. 5 1/4 d. change—I put the florin in a drawer—it was the only one there—I found it was bad in the evening, and gave it to a policeman.
ounce of tea—she gave me a florin—I gave her the change, two six-penny pieces, and threepence, and she left—I then found the florin was bad, and sent my little girl after her—she said she had not been in the shop—I sent for my husband, and gave him the florin.
THOMAS OCTAVIUS PARRY . I received information, and followed the prisoner—there was a man with her—when I got up to her, she said, "Here are your goods, and here is your money," giving me 1s. and 3d., whereas she had received two sixpences, and 3d—she took the stamps and the tea—I had not made any charge against her—I asked the man to stop—he had got a stone in his hand, but I was prepared with another—he ran away—I received, this florin from my wife, and gave it to the policeman.
EDWARD RADWELL (Policeman, N 27). Mr. Parry gave the prisoner into my custody, with the florin—I also received that other florin from Mrs. Wilson—the prisoner was searched, and an ounce of tea and 17d. in copper was found in her basket.
Prisoner's Defence. The man overtook me, and asked me to go into the shops; he did not like to go into them himself He went on before, and I kept the tea, the stamps, and the money.
GUILTY .— Confined Nine Months.
516. WILLIAM DAVIS (39) , PLEADED GUILTY ** to three indictments for Stealing a knife, the property of— Fullagar; a pair of opera-glasses, the property of Josiah Lyons; and a breast-pin and a chain, the property of Walter Mannering, having been before convicted.
Seven Years' Penal Servitude ,
OLD COURT.—Tuesday, May 9th, 1865.
Before Mr. Recorder.
HENRY HICKS . (Policeman, N 37). About twenty-five minutes after six on 10th April I was going home along Kingsland-road, my duty was over—I met the prisoner carrying this clock under his left arm, he was on the opposite side of the way—I followed him, stopped him and asked him what he was carrying, he said, "I have got a clock—I have been to fetch it for my father from a gentleman's house in Kingsland"—I did not feel satisfied and took him to the station, he gave me the address of a gentleman at 7, Ockfield-terrace, Kingsland—I made enquiry; there is no such place as No. 7, Ockfield-terrace.
Prisoner. Q. How far was I when you first saw me? A. I noticed you some little distance before you came to me, perhaps forty yards—I let you get twenty or thirty yards past me perhaps, before I turned back—it was between 300 and 400 yards from the Kingsland police-station where I saw you, exactly opposite the Ironmongers' Alms Houses, you were walking about a usual pace—it was two or three minutes perhaps from the time I first saw you till I came up to you.
HERBERT GEORGE MAYNARD . I have the care of the chapel and schools in Southgate-road—on the evening of 9th April I locked up the school about nine or a little after—I saw it a little before seven next morning, and observed that the ventilator of the window had been taken out and a door unlocked on the inside, the ventilator being taken out would give the means
of some getting in—I missed this clock, and this green baize—Mr. Spong is one of the trustees of the school, he has care of it—I am employed by him to take care of it.
Prisoner's Defence. I was walking along the Kingsland-road on the morning in question, quite by chance I met an old friend, he appeared very ill; I asked him what was the matter, he said he was in great pain; he did not think he should be able to get home with this clock. I offered to assist him and carried it; he said he could not get any further, he would wait and get something at a chemist's shop. I was not aware I had fallen into a trap till the constable came to me.
518. FRANK BURNETT was again indicted with GEORGE BERWICK (19) , for breaking and entering the church of St. Thomas, Upper Clapton, and stealing 4 surplices, 5 hoods, and other articles the property of Frederick William Kingsford.
WILLIAM PAULEN . I am verger of the church of St. Thomas, Upper Clapton—on 5th April I left the church at twelve o'clock, after morning service—I was by the church after that, but not to notice anything wrong—I left it at twelve quite secure in every way—I passed it in the evening, but could not see the windows—next morning I was called into the church about twenty minutes before eight—I found everything in confusion, books strewed about the floor, and all the gentlemen's robes gone out of the vestry, surplices, gowns and hoods and table linen and other articles—I had left them secure in a cupboard locked, anyone could get access to the church by climbing the wall and getting in at the window, that was the way it was done—three of the alms boxes were broken open and the contents taken out, I do not know what was in them.
THOMAS MORRIS (Police-Inspector N). I examined the walls adjoining he church the morning after I received information of the robbery—I found that access had been obtained by a side window which they had got to by two walls in a passage that leads to the back of the incumbent's house.
THOMAS COLLINGWOOD . I am a gardener, living at Spring-hill, Upper Clapton—on 6th April I was going to my work at five minutes to six in the morning—I had to pass by St. Thomas' Church and I saw three men come out at Mr. Kingsford's side door, he is the incumbent, his house is next to the church—the two prisoners are two of the men—I recognised Burnett as the first man who came out—I recognised him at Clerkenwell on the 10th, he was with about fourteen others and I picked him out, the other prisoner was also there—I picked him out, I knew him in a moment by the mole on the side of his face—he was standing alone, and I was told to go and look at him to see whether he was the person—they had no bundles with them, but they were bulky round the waist.
Burnett. Q. What morning was it you say you saw me leave the church? A. On the Thursday morning, 6th April, I was about three yards from you, on the same side, there was no one else passing at the time—I could not swear to the third man—you came out from the door at the corner of the street, looked round to see if any one was coming and then went back and pushed the door back and let the others out—it was a door leading to the side of the church, into the church, it belongs to the church—I thought you were workmen because they have had a lot of repairs there lately, it did strike me as rather singular—but I thought you were painters or carpenters—there was not 10l. reward offered for the apprehension and conviction of the thieves until after I had given information—I gave information the same day as the robbery, to the inspector—I met him in Hill-street close to the
church and mentioned him to him—I live about a quarter of a mile from the church.
Burnett's Defence. The witness must be mistaken, there are hundreds of people about early in the morning; if he had seen us leaving the church he would have followed us and given us in charge. The reason I am unable to call a witness is, that my sister was nurse to an invalid lady, and the very morning this happened she was sent away into the country with this lady, and I don't know where she has gone to. I don't know why he should not be able to swear to the other one if ha saw us all leave the place together.
Berwick's Defence. I have a man where I sleep down in Clerkenwell, but I could not write to him; I am a stranger in London, I came up from Cambridge on 1st April, and lodged at a coffee-shop in front of Clerkenwell police-court.
BURNETT GUILTY .— Five Years' Penal Servitude.
BERWICK GUILTY .— Confined Twelve Months.
MR. METCALFE conducted the Prosecution, MR. SHARPE defended Hoffman, and MR. WARNER SLEIGH defended Gauron, HENRY DIGGS. I live at 7, Horford-street, Mile-end.—I am a foreman at the London Docks—I know Hoffman—on 10th April he was driving a van belonging to Messrs. Jones and Candler—he brought it to the docks for a, load of tea—another van of theirs came at the same time—the whole consignment was 300 packages of tea—I delivered them myself—I checked every one of them—150 were delivered into his van and 150 into the other van—Hoffman helped to load the van—he was on the box part of the time, not the whole of the time—he had a man assisting him—the other man took in some of the tea—I have not seen that man since—the chests were all addressed to Her Majesty's Customs, Belfast, F. G. and Co., (Foster, Green and Co.) there was a van of Pickford's there at the time—I gave Pickford's some goods as well—in consequence of some information I received, I followed Hoffman in about five minutes—I saw the van drawn up at a public-house, Hoffman was at the horses' heads—I saw a man with a chest of tea on his back in the act of bringing it round the side of the van and he put it in an empty cart which Gauron was in—I did not see it come from the van—I did not see the man until he made his appearance round the van, the van hid him from my view—he was coming off the pavement round the van and then put it in the cart—the cart was drawn up I should think about a yard from the van, at the tail of it—I directly went over and examined it I recognised it as one of the 150 which I had put in Hoffman's van—I asked Gauron how he came by it and he said a man put it into the cart and wished him to take it to a certain place—I asked him what place and he said, "Up there," pointing up a turning opposite Sparrow-corner—he did not know where it was to go to, but the man was coming to let him know—he like-wise said that the man had told him to cover it over with a sack which he had in the cart, but he would not do that because he thought there might he something wrong—he had time to cover it over before I went up—I did not go up while the man was speaking to him—the man put it in the van without saying a word—I did not make myself known to Hoffman—I told Gauron he had better bring it with me which he did very willingly—I went with him to Messrs. Jones and Candler—we arrived there before Hoffman—when Hoffman came Mr. Candler asked him how it was that one of the
chests had got off into a cart—he said he did not know he had got his right number, he knew that—I told him "I know you have got the right number but you have got one that you ought not to have," and on examining them I found one—that had not the same marks on it as the rest, quite different—the card had been torn off and was found next morning in the dock where the van had stood—the nails were left in the piece of card at each of the four corners—I left it with Mr. Candler—the two prisoners were given in charge—that chest that I spoke of came from another warehouse, not from mine—it ought to have been delivered to Pickford and Co—to the best of my belief the man who was assisting him in the dock was the man who was carrying the chest of tea—that man we have not been able to find.
Cross-examined by MR. SHARPE. Q. You say Hoffman drove this van into the London Docks? A. Yes, it was about three o'clock in the afternoon—Hoffman was there part of the time—he left the van shortly after he came in, he was there when we were loading the van, he was in the van putting the goods in, the other man was loading part of the time and then the two of them were loading part of the time—part of the time Hoffman was there and part of the time he was away—I did not see him all the time—I checked the goods off as they came down, by warrants, the number and weights are called out to me and I see if it agrees with the warrants—I have not got the warrants here—they were half chests, the public generally call them chests—it was a half packet that we found on Pickford's van, exactly the same with the card torn off—it had not the same mark on it as those loaded into Hoffman's van, nothing like it, quite a different mark, a different letter on the chest—Hoffman was at the horses' heads, he was not on the box when I first saw him, he afterwards got up on the box and drove away—I did not see the man who put the packet into Gauron's cart, till he made his appearance at the tail of the cart—I saw him at the docks—there is no witness from the Woolpack here—Hoffman told his master that he went in there to get a pint of beer.
Cross-examined by MR. WARNER SLEIGH. Q. You say you had seen the other man, who is not in custody, before this transaction at the docks? A. Yes—he had been talking to Hoffman several times—I asked Hoffman myself the name of the man he had assisting him, and he refused to tell me—he said he had no one—Gauron did not attempt to go away with the cart when I spoke to him—he did not hesitate at all in the account he gave me of the transaction—there was no attempt to get away—he came with me very willingly when I spoke to him—he pointed to a street and said, "He wanted me to take it up there"—he did not know where it was himself; the man was coming to tell him.
JOSIAH SLATER . I am a labourer in the docks, and live at 10, Charles-street, Bethnal-green-road—I was at work on 10th April as loop-hole man—I saw Jones and Candler's van driven by the prisoner there—I saw a van of Pickford's drive up by the side of the warehouse, and back in by the side of Jones and Candler's van—I saw another man besides Hoffman attending to the van that Hoffman had charge of, and saw that man lift a half packet of tea off the load on Pickford's van and place it on the rail of Jones and Candler's van—it remained there as long as I was at my position—I communicated what I saw to my foreman, Mr. Neville, and took no further steps—I left at the time, and Mr. Neville remained—I did not see where Hoffman was at the time the tea was put on his van.
Cross-examined by MR. SHARPE. Q. Do I understand you to say you did not see him at the time the chest was placed on the rail? A. I did not.
SAMUEL SPURGEON . I am a carman in the service of Messrs. Pickford—I had a Tan of theirs, on 10th April, at the London Docks—my Van stood by the side of Jones and Candler's—my load was different packages of tea—I have seen a chest of tea that was afterwards taken from the prisoner's van—that was one that I ought to have received into my load.
Cross-examined by MR. SHARPE. Q. Did you see how many chests were loaded into Pickford's van? A. I loaded it myself—they were different sized chests; half packets and boxes—a chest is a full-size package—there were four different sizes—there were ninety-nine packages altogether on that van—that was the number I saw loaded on—I did not see one taken off—I did not know till they told me that one had been taken off—I found I bad ninety-nine when I got to the end, I wanted a hundred—when I had loaded them I checked them, and afterwards we counted them altogether—we fill the bottom of the van first and then count them—after I had loaded I went for my pass, and said I had ninety-nine on the van—they said I was wrong—I counted them in layers.
ALFRED THOMAS KURSELL . I am a carman, in partnership with Mr. Kemp, Sparrow-corner, Minories—at half-past 4 o'clock, on 10th April, I was standing at my door, and saw Jones and Candler's van pull up at the Wool pack public-house—I saw a cart driven up behind it, by the prisoner Gauron—I saw a man bring half a packet of tea round from behind Jones and Candler's van, and put it into Gauron's cart—I saw Hoffman there; he was at the horses heads—I am quite sure of that—I was going across to take notice, and I saw Mr. Diggs follow up, so I did not interfere.
Cross-examined by MR. SHARPE. Q. Were you on the opposite side? A. Yes; right opposite the van; the Van was between me and the Woolpack—I was straight opposite the middle of the van—there were two carts there—they were both behind the van—it was a place where the horses stop to get water.
COURT. Q. On which side of the horse was Hoffman, was he on the pavement side? A. Yes—I can't say whether he was holding the horses—he was there—the cart was not there before the van drove up—I saw the van drive up, and afterwards saw the cart drive up—the van might have been there perhaps five or ten minutes, I suppose—the horses would not start at the minute be wanted them to—I do not think the cart was there the whole of the time—he was not trying to start the horses till after I saw the cart there.
MR. METCALFE. Q. About how long was he there before the cart was there? A. I should say not a minute or two.
ALFRED THOMPSON (City-policeman, 516). The prisoner Gauron was given into my custody by Mr. Candler—he told me the man asked him to do a job for him, and he would give him something for doing it—he said he then placed the tea in his cart, and then after it was in his cart he told him to cover it over with a sack—he thought something was wrong, and was very sorry he had anything to do with it, he did it unknowingly, thinking to get a drop of beer—Hoffman was given in custody at the same time—he said he went into the Woolpack public-house to get some beer, during the time he was in there, the tea was taken from the van and placed into Gauron's cart—he knew nothing about it.
van—no other man was employed by me with him to my knowledge—I know nothing of this other man.
COURT. Q. Has he been in your employ ten years, and you know nothing wrong of him? A. No; another employer present will speak for him.
THE COURT considered that there was no evidence against Gauron.
Hoffman received a good character.
NOT GUILTY .
NOT GUILTY .
MR. POLAND conducted the Prosecution, and MR. WARNER SLEIGH the Defence.
MARY METCALFE . I live at 1, Crown-court, Portpool-lane—on the night of 20th April, I was at the Coach and Horses in Eyre-street-hill—Mrs. Silman was there—Mr. Silman was outside—I saw the prisoner—she pushed open the front door, and rushed up to the bar, and made a blow at Mrs. Silman—I put up my hand to protect her, and got my finger cut—Mrs. Silman was behind the bar—she is the landlady—she was standing up with her elbow on the counter—I did not see that the prisoner had a knife until I was cut—it cut three of my fingers—the blow was aimed towards Mrs. Silman's neck—there was a cry that she had got a knife—Mr. Silman came in and seized hold of the prisoner—I did not see what took place then—I had not seen her before that night—this is the knife (produced)—it is a common penknife.
Cross-examined. Q. Are you the wife of James Metcalfe? A. Yes—I have been married to him—we were married down in Yorkshire—my name is not Mary Ann West—I never married a man of the name of West—the prisoner came into the house before Mr. Silman—she came in by herself—he came in a few minutes afterwards; as soon as he heard the cry about the knife—he did not follow her in immediately—he did not push her in through the door; I swear that—I saw her push open the door, and rush up to the counter—I think she would have stabbed any one that night; she looked in an excited state—she struck at Mrs. Silman—I know a man of the name of Franks by sight—I believe he is a witness here—I have not been talking with the other witnesses in the case—I was behind the bar—it is not a very large one—it was not crowded that evening.
MR. POLAND. Q. Were you on a visit to the landlady? A. I had been working there—Franks was there at the time the blow was struck, sitting behind the door—there were three people between him and Mrs. Silman—he was in the private bar; outside the bar.
MARY ANN SILMAN . I am landlady at the Coach and Horses—on the night in question I was at the counter when the prisoner came in about five minutes past 10—she came with a double handful of mud and threw it at Franks—she intended it to go over Franks—it went over another gentleman instead—she then ran away—she came back in about three-quarters of an hour—I was then on the private side of the counter, leaning on my elbow—the prisoner rushed up to the counter with her hand closed—I did not see
that she had got anything in it—Mrs. Metcalfe was standing by the side of me, and she sent the prisoner's hand on one side—the knife was within a few inches of my neck—Mrs. Metcalfe caught hold of her hand, and the prisoner drew the knife between her fingers, and nearly cut three of them off—I saw the blood on her hand—my husband came in to catch hold of the prisoner, and she turned round and cut his little finger—after striking at me she stabbed Mr. Franks in the shoulder—she went deliberately up to him, as he sat in the seat—when my husband caught hold of her, she fell on the ground, and he held her until a policeman came.
Cross-examined. Q. How long have you been married to Mr. Silman? A. About three years—I am perfectly certain the prisoner rushed in—it must have been five minutes between the time of her coming in and in cutting Mrs. Metcalfe's hand and the entrance of my husband—my husband did not say anything at the time she threw the mud; he had not got time, because she only ran in and ran out again—he did not go outside the public-house and stay for nearly three-quarters of an hour waiting for her—he was not in the bar all the time—he was in the bar when she threw the dirt, and when she came back again he was outside looking at the lamps—he was not out more then ten minutes; prior to that ten minutes he had been in the bar—I could swear most positively that he did not push the prisoner into the house—he was not near her—she made use of a very bad expression when she used the knife—it was meant for Franks—she said she had not done for Franks yet, but she intended to do so, and intended to do for three of us that night—she rushed up very wildly at him—she went deliberately from me to him after cutting Mr. Silman's fingers—Franks was not drinking with anybody in the bar at the time—I have beard of a woman named Hewitt—I have seen her in the house—I only know her as coming to the house as a customer.
JAMES SILMAN . I am landlord of the Coach and Horses—I was there on the night of 26th April when the prisoner threw this mud at Franks—I ran outside to see whether I could see her to give her in charge, but could not—I saw her again at ten minutes before 11; I was standing outside looking at my lamps, and saw the prisoner rush into my house hastily—I followed her in, and I heard Mrs. Metcalfe cry out, "She has got a knife, she has stabbed me"—I went towards her, but before I could reach her she stabbed Franks in the shoulder—I caught hold of her left hand, and in attempting to catch hold of her other hand she jobbed me deliberately on the hand with the knife—I secured her other hand, and in the scuffle we both went down, and she said to me, "I will put the knife in your b----belly"—I held her down till the knife was taken from her—this is the knife, it cut my knuckle down to the end; it was a very bad deep wound—I believe the prisoner had been drinking during the day, but she was sufficiently sober to know anything and do anything—she was sober at the time she came to my house.
Cross-examined. Q. When she threw the dirt, did you make use of any expression? A. No, Franks was in the bar sitting down—I might have said, "If she comes again, I will give her in charge"—I know Martha Hewitt—she was sitting there, not drinking particularly with Franks; with the person she was lodging with, and Franks was in company with them—I went out directly the mud was thrown, and staid out perhaps two or three minutes—I had only been out two or three minutes when the prisoner rushed in again—I did not push her into the house—I was not within three yards of her when she entered the house; I did not lay a hand on
her—I followed her in immediately, and as I came in, I heard the cry of "a knife."
CHARLES FRANKS . I live at 15, Gloucester-street, Clerkenwell, and am a basket-maker—I know the prisoner, I lived with her between five and six years, as my wife—I had left her about six weeks before this affair took place, as near as I can judge—I was not living with anybody else, but I was very often in company with a young woman named Hewitt, through whom the whole of this affair has taken place—I was at the Coach and Horses on this night, drinking with her; the prisoner came in, threw some mud at me, and ran away—when she came in the second time I was looking through the door, and I saw Mr. Silman deliberately push her into the place—I was next to the doors—she was in Mr. Silman's arms inside—of course I was a great deal affected at the time—I own she struck at me, but after she struck at me I sat down—where I was hit I don't know—I was cut very slightly indeed, on my shoulder.
Cross-examined. Q. When you and the prisoner lived together, were you very happy? A. We were for a long time—she had seen me with Hewitt—Mr. Silman pushed her in, and as soon as she got inside the doors were bolted—I recollect hearing some one say that there was a knife somewhere—after she threw the dirt Mr. Silman went out of the house and remained out upwards of three-quarters of an hour; if he swears he only staid out two minutes that is false, his hat was sent out to him by Mrs. Silman after he had been out ten minutes or quarter of an hour—I did not see him come into the house again before the prisoner came in—I did not see the prisoner stab at Mrs. Silman; I did not see her cut Mary Metcalfe—when she struck at me she was in Mr. Silman's arms, he did not let her go at all—when I passed out he had hold of both her hands.
COURT. Q. Did he leave go of her till after they were down on the ground? A. I would not swear whether she flung out her arms, but I don't believe he ever let her go at all—I don't know how a person on the other side of the counter could have had her hand cut.
MR. SLEIGH. Q. When she came in did she not strike wildly about as if she was striking at anybody? A. When she came in her arms were thrown out, and Mr. Silman put her on the ground close under the bar.
GEORGE EDGAR . I was present when the prisoner came in, I called out that she had a knife—I saw her make a blow at the counter with the knife, but I can't say who she struck or who she meant to strike, but after that she turned round and stabbed Franks in the shoulder—Mr. Silman then seized her, they struggled and fell on the floor—I caught hold of her hand and she let the knife drop.
Cross-examined. Q. Was she very much excited? A. She was—I did not see Mr. Silman push her in; he did not push her in—I noticed her when she came in—I should say it was about half-a-minute between her coming in and Mr. Silman coming in.
DONALD STEWART (Policeman, G 76). The prisoner was given into my custody at the Coach and Horses—she said she was sorry she had hurt them, she meant it for Frank; she was apparently sober, she might have been drinking, but she appeared to me to know what she was about—she seemed very wild and excited.
The Prisoners statement before the Magistrate. "I can prove that Mr. Silman pushed me into the house; I borrowed the knife to cut a cane off my crinoline, of Henry Bullock."
GUILTY of unlawfully wounding.—Recommended to mercy by the Jury. — Confined Three Months.
MR. ORRIDGE conducted the Prosecution.
CHARLES JAMES CONWAY (Policeman, N 110). On the morning of 11th April I was on duty in Stoke Newington—between a quarter and half-past 12, I saw the prisoner and another man in a narrow lane at the back of St. Matthias Church—I hid and watched them, but had not an opportunity of seeing them—I came out again and saw them come down off a wall at the back of the church, and hide under the hedge—about five minutes afterwards they came down very silently, watching and listening, trying to find where I was hiding—I then walked out and met them, and asked them what they were doing at the back of the church—the other man had a pair of these carpet mufflers in his hand—I said, "What are these," and he said, "That is what they are," giving me a push, "go about your business"—I laid hold of him, he had some heavy lumber about him, up his waist-coat—I then asked him where they lived, and he said, "At the back of Shoreditch Church"—I said, "You have no business at the back of this church then, I must take you to the station"—they said, "Come on then," and I made a grab at them—I was in the act of taking hold of them when I received a frightful blow on the top of the head from the prisoner—I looked round, it was a very bright night, and then saw that he had this jemmy (produced) in his hand—he struck at me again; I received altogether about three blows on the head, the last one knocked me down on my face, and he then struck me with something under the shoulder when I was down—I asked him not to murder me, because I had got nothing to protect myself—he said that he would, and swore something or other, after striking me again he ran off up the lane; I was nearly blinded with blood—I followed him up this lane—when he found I was after him, he turned into some fields—I followed him over some hedges till he came to a low wall, which he attempted to get over—I caught hold of him, and he struck at me with this jemmy again—I closed with him, caught hold of his hands, and after a desperate struggle succeeded in getting the jemmy out of his hands—he then made a rush at me, drove his head between my legs and tried to throw me on my back—I then hit him with the jemmy on the head, and he said that he would give in, I had basted him—I asked him to come to the station, but he swore he would not go a foot—all this time he kept calling out for "Bill," his companion—I was then in the act of taking out my rattle, and I threatened to blow his brains out if he stirred—he said he would not stir and I sprang my rattle—the fire-engine keeper and N 144, came up—I have been confined to my room a month to day, and was in bed three weeks of that time—I still suffer very much in my head—this other jimmy (produced) was found where the first struggle took place.
JOHN BALAAM . I am engine-keeper at Shakespear-road, Hornsey New Town—between 12 and 1 on this morning I heard some cries—I went to the spot and detained the prisoner till another constable came and took him in custody—I saw Conway there—he was covered in blood.
JOHN DAVEY (Policeman, N 144). On the morning of 11th April I heard a rattle sprung and went to the spot—I found N 110, and the prisoner both covered with blood—I took the constable to a doctor and took the prisoner to the station—I found this pair of mufflers upon him, they are made of carpet, made to go over the boot and tie round the boot to prevent noise—I also found a box of silent matches on him—I went back to the spot where the first struggle took place, and found this other pair of mufflers—this jemmy was picked up by some workpeople the same morning.
WILLIAM ROBERT WOODMAN , M. R. C. S. I live at Victoria Villas, Stoke Newington—on the morning of 11th April I was called to attend Conway—he had a very severe angular wound on the forehead, which might have been inflicted by one blow or two; it penetrated to the bone, through all the membranes and scalp, laying open the bone; he had another deep wound on the head, penetrating to the bone—he was covered with blood, and appeared in a very excited state—I have attended him ever since; he was in danger during the first two or three weeks, I consider—I found no external marks of violence on his shoulder—the wounds could have been inflicted by this jemmy; I measured them carefully, and found they adapted themselves to it; the nobbed end seems to be the end with which the wounds on the head were inflicted; his finger was also cut to the bone.
Prisoner's Defence.—I had been to Barnet that afternoon to take some horses there; I was coming home and saw the policeman standing in this lane; he caught hold of my neck and we had a scuffle. I picked that iron up coming through a brick-field.
—He also PLEADED GUILTY to having housebreaking implements in his possession, and to a former conviction.— Fifteen Years' Penal Servitude
MR. SHARPE conducted the Prosecution.
MARGARET SULLIVAN . I am a tailoress at 31 Sophia-street, Poplar, and am single—on Monday, 10th April, I went to bed at a quarter-past 11—I sleep in a room on the ground-floor, with my mother—my brother sleeps in another bed in the same room—I fastened the door of the room; the shutters were not bolted, they were closed—about a quarter before 2 o'clock I was awoke by hearing a noise in the room—I saw the window open and a man standing in the room—I called out, "Mother, mother, there is a man in the room"—he turned round, got on the window-sill, and jumped down—my brother hearing the noise got out of bed and went after him in his drawers—I saw the prisoner the next afternoon, between four and five, at the top of Dolphin-lane—I called a policeman and gave him in custody—I am sure he is the man—I did not exactly see his face, but I can swear to his build and to his cap and jacket—before I went to bed there was a shift and jacket and shawl on the table—I missed them between 11 and 12 o'clock the next day—I afterwards saw the publican give them to the policeman—I can swear to the things—they are all mine.
JAMES SULLIVAN . I am the brother of the last witness, and am a sea-man—on the morning of 10th April I was in bed, and was awoke by my sister screaming out, "Mother there is a man in the room"—I jumped up, he had just cleared the window-sill and I jumped after him in my drawers—I followed him, and he ran into a doorway—I made a grab at him, but he had bolted the door, and was too quick for me, that was at 3, Dolphin-court—I did not catch him—I did not see his face, I saw his dress; he had an old brown reefing jacket on and corduroy trowsers—I stopped outside the house twenty minutes, but he did not come out—I went back, met a policeman, and asked him if he would open the door, and he said could not open it as he did not see the man go in—I was at work the day the prisoner was taken—I went to the station on Thursday morning, and recognised him as the person who had been in our room—I had seen him several times before, I knew him by sight.
JESSIE TODD . I am servant at the Black Horse public-house, High-street, Poplar—I found these things lying loose in our yard, as if they had been thrown over the wall—I think it was Tuesday morning, between 8 and 9; I took them to my mistress, they were afterwards given to the policeman—I know where Dolphin-court is; only a wall separates it from our place.
WILLIAM BUTLER (Policeman, K 80). On Wednesday, 12th April, Margaret Sullivan gave the prisoner into my custody for stealing a shift a shawl, and a boy's jacket, from 31, Sophia-street, Poplar—the prisoner said, "I can prove that I did not have them, and I was a-bed at a quarter to 11 o'clock"—going to the station he said he was in bed about a quarter to 12, and be could bring witnesses to prove it—I received these things from Jessie Todd.
COURT. Q. Are your instructions that you are not to try and get admittance to a house where a witness says a prisoner has gone in because you did not see him go in? A. No, if I had been there I should have followed him in—I was not the policeman—I know the prisoner well and he knows me; he lives at 3, Dolphin Court.
Prisoner's Defence. I was in bed at half-past 11 that night. I heard a noise, and somebody outside asked me to let them in, and I would not. He could have captured me, he knew where I lived, why did he not come and take me the day afterwards.
NOT GUILTY .
WALDEMAR KRETSYSCHMAR . I am a jeweller at 9, Duke-street, Bloomsbury—on 31st of June last, about half past 12 at night, I was coming out of Cremorne Gardens, when somebody struck me and robbed me of this watch (produced).
ABRAHAM SWINDON . I am assistant to Mr. Roberts, a pawnbroker—this watch was pledged with me on 21st December, I don't know by whom—I had had it before, it was first pledged on 8th August by the prisoner—she redeemed it on 15th, and then repledged it on 3d September—it was redeemed on 26th, pledged again on 17th October, and redeemed the same day by the prisoner—three times it was pledged by the prisoner, and the fourth time by somebody else—she pledged it in the name of Webb every time.
The prisoner's statement before the Magistrate: "I had them given to me, I did not knew they were stolen, and I wore them for some months; I took them to pledge several times; if I had then known that they had been stolen I should not have done so."
Prisoner's Defence. I had them given to me at different times by the father of my children.
NOT GUILTY .
EDWIN COATHUPE (Police-sergeant, A 31). About 8 on the night of 10th April, I was in Old-street-road, and saw the prisoner carrying a parcel—I followed her to 17, Catherine-street, Vinegar-ground—I went in and found
her in a room on the ground floor—I asked her what she had brought into the house—she said, "A hat belonging to Charley"—noticing that she was rather bulky, I moved her cloak on one side, and she had a box in one hand, and a bag over her shoulder under the other arm—I asked her what it contained—she said, only a few tickets relating to some clothes of her own, which were given to her by a boy—I afterwards opened it, and found seventy-five duplicates—I also found a jewel-case, and five empty purses—these are the duplicates (produced).
ABRAHAM SWINDON . I produce a brooch and an engine-turned locket, pledged on 17th September, I do not know by whom, also a pearl cross, pledged on 22d October, by the prisoner, in the name of Ann Webb, a turquoise and gold cross pledged on 28th October by the prisoner in the name of Ann Webb, and a gold locket, pledged on 1st November, by the prisoner in the name of Ann Webb, 40, Baldwin's-buildings—she used to wear that I believe—there was also a gold necklet, pledged on 29th November—she had pledged that before—she also pledged a gold and turquoise locket and other things on 14th December, for two guineas—these duplicates produced by the police are what I gave for these different articles.
WILLIAM JOHNSON . I am a chronometer-maker and jeweller at 54, Thread-needle-street—on Monday 4th July I came to my premises about twenty minutes past 9, and discovered that the shop had been broken into, and the whole of the stock stolen to the value of 4,000l.—I recognise all the articles produced here as forming part of my stock—the private marks are partially rubbed out on some, and on some they are quite perfect—the cost price of these articles is from 15l. to 20l.
Prisoner's Defence. I had them given to me at different times, and wore them for several months, and took them to pledge several times.
GUILTY .— Confined Nine Months.
The following Prisoners PLEADED GUILTY:
527. JOHN SAMUELSON (56) , to stealing 60 Bank of England notes, the property of the Governor and Company of the Bank of England.— Five Years Penal Servitude. [Pleaded guilty: See original trial image.]
529. THOMAS POWELL (37) , to stealing 1 refrigerator, and other articles, the property of George Kent, his master; also, to embezzlement.— Confined Eighteen Months. [Pleaded guilty: See original trial image.]
NEW COURT.—Tuesday, May 9th, 1865.
Before Mr. Common Serjeant.
MESSRS. O'CONNELL and GOUGH conducted the Prosecution.
ALFRED VALLON . I am a licensed victualler, of College-street, City—on 20th April, about a quarter to 8 in the morning, the prisoner came for three halfpennyworth of rum and shrub, and gave me a bad shilling—I said to my potman in the prisoner's hearing, "Look here, is this a bad shilling? for this is the man that gave me a bad shilling before"—I said to the prisoner, "This is a bad shilling"—he said, "Is it? then I must give you another"—he took it up and pulled out a good one—I said, "Stop a minute, we will have a policeman over this affair; it is not the first one you have given me; I have the other in my pocket, and have been waiting
for you some time"—he said that he had never been in the house before—(I remember his being there on 20th March; he ordered three halfpennyworth of rum and shrub, and tendered a shilling; I found it was bad when he was gone, and kept it in my waistcoat pocket till he came again). I have no doubt be is the same man—I sent my son for a policeman—the prisoner ran out, and ran into his arms—I gave the first shilling to the policeman.
Prisoner. You said at the station that it was somewhere about a fortnight or three weeks before; if I had known you would fix 20th March, I could have proved I was in Bedfordshire at the time. Witness. I said that I could not exactly say to a week—I never gave any definite time; I said a month of three weeks—I did not say four or five weeks.
COURT. Q. Had you seen him before the first time? A. Yes—I knew him as well as my own brother the second time he came—I had seen him more then once before—I thought he worked at Red Lion Wharf, and went there to see.
HENRY ESMOND . I am potman to Mr. Vallon—I remember the prisoner being at the house on 20th April—a bad shilling was shown to me, and my master sent me for a policeman—I was standing at the bottom of the street looking for one, when the prisoner ran out, and I stopped him—he ran into my arms—he offered me a good shilling—I do not remember having seen him in the house before.
Prisoner. Q. Was I near you when your master showed you the shilling? A. Only six yards off—I fancy you could hear what he said.
JOHN SCRAGG (City-policeman, 406). On the morning of 20th April, the prisoner was given into my charge—he said that he did not know the shilling was bad, and be could not believe it—I took him to the station, and found a good shilling and five farthings—on him—he said that he picked the shilling up, and ran away with it to get it changed, as he knew where he took it—he first declined his address, but afterwards gave it to me—Mr. Vallon gave me the first shilling—this is it (produced).
Prisoner's Defence. I did not know that I had such a thing about me; and as to giving that gentleman the shilling four or five weeks before, I know no more about it than a child. I have respectable people to give me a character.
The prisoner received a good character.—
NOT GUILTY .
531. SAMUEL JOHN PHILLIPS (46), JOSEPH POPE (31), JOHN GREEN (35) and WILLIAM MAILE (55) , Stealing, on 22d April, 30 loaves of sugar. Second Count, 8 cwt. of sugar on 8th September. Third court, 4 barrels and 6 cwt. of sugar, the property of Robert H. Carew Hunt and others, the masters of Phillips and Green.
MESSRS. GIFEARD and POLAND conducted the Prosecution. MR. DALY appeared for Phillips; MR. LEWIS for Pope; MR. COLLINS for Green, and MR. WILLIAMS for Maile.
PETER BOWEN . I am a carman, of 4, Heneage-street, Spitalfields—I know all the prisoner by sight—I do not know Green by name—I have known Pope three or four years by his calling at warehouses which I cart for in the City to collect bags and empty hogsheads—he used to call at Hazeldine's—in 1862, he told me that a party he was in the habit of buying hogsheads and packages of at King's-cross or Pentonville, had been in the habit of having suger from Brewer's Quay, and a party named Boreham had been in the habit of carting it for them, but had disappointed them two or
three times, and a party asked him if he knew any one who could cart some, and he thought of me—he asked me if I could do so—I said, "Yes,"and asked where the things were going to—he said "To Pentonville, what time will you have a cart ready to go?"—I said, "In about an hour or an hour and a half"—I asked for the delivery-order—he said that if I would have cart then, he would send a party to go with me to the wharf—I do not know whether he took the note with him, or whether it had been lodged previously—this was at about 9.30 in the morning—Maile, who was a perfect stranger to me, afterwards came—he said that he came from Pope about the cart to go to Brewers' Quay—nothing was said about a delivery-order—I went with the cart and Maile—I have been in the habit of fetching goods from these quays—it is usual to take a delivery-order from the owner of the sugar, and to get it marked in the office, and take it up to the foreman, and then a cart-note issues—we get a weight-note at the place where they are consigned to—we leave the order with the man who delivers the goods—I take the cart note to my employer—here is an entry in my book, "April 22d, 1862, thirty loaves from Brewers' Quay to Pentonville, three shillings cartage"—that was to a person named Child—Maile went down on the wharf and soon afterwards they shouted out, "Bowen, Bowen, what do you want?"—I said, "I believe there are some sugars"—they said, "It is under here"—I drew my cart under the loop-hole, and thirty loaves of sugar were lowered into it—I got this cart note (produced)—it is so long ago I cannot say who gave it to mo, but I know it is the note, because the name is on it—I know the faces of all the prisoners, but I cannot recognise either of them as having seen him at the warehouse, as I cart for so many people—I had to take the note into Phillips' warehouse, and give it to him, and he gives it to the other foreman to deliver—the cart-notes are always delivered after the goods are delivered into the cart by the foreman—Moule went home after the sugar was in the cart—he told me to take them to York-road, eight doors round by King's-cross, leading up to Battle-bridge, and Pope told me so also—I had a little bit of a note to take them to Mr. Child, at a confectioner's shop—I carted the thirty loaves of sugar there, delivered them to Mr. Child, and received 3s. cartage from him—I put this note on my file, and afterwards found it there—(Read: "Brewers' Quay, Mr. Child, received 30 los. sugar, ex. Diana, 4c. 3q. 20 lbs. cart Bowen.—Joseph Barber & Co. J. Green, 22d April, 1862")—on 9th September I have this entry: "Mr. Child, self 8 cwt. refined from Brewer's Quay, Exeme 3s."—on that occasion I went with Maile to Brewer's-quay with my cart—Mr. Pope told me to go—lie used to come down to my place in the morning—sometimes I was there, and sometimes not—I never saw a delivery order—I stopped with the cart on the hill till I was called, and then went under the loop-hole, got the 8 cwt. and took them to Child's—Maile did not go with me, he went away home when the goods were loaded—I got a cart-note, which I must have left there—they are all alike—on 2d Oct., here is an entry: "Mr. Childs, 4 barrels from Brewers'-quay to Pentonville, 7s. 6d." there is no description of them, but I think they were flour barrels—Pope told me to go on that occasion—Moule went with me, and left me as before—the weight was 1 cwt. and a half, to three quarters each—I took them to Child's—I am rather in a fog about one delivery, as to Maile going—I have a very strong idea about Pope going once—I never went without a cart-note—I saw nothing of a delivery order on any occasion—I always understood that it was lodged or taken down by some party with the cart.
Cross-examined by MR. DALEY. Q. Were those three the only occasions on
which you carted sugar? A. No; hundreds—I dare say I cart for twenty different grocers—I did not know that there was anything wrong at the time I conveyed these goods—two policemen came to my place on a Sunday morning, and asked if I had carted goods from Brewers'-quay twelve months ago—I asked them what name—they could not give me that, but said that it was in the neighbourhood of Clerkenwell or Pentonville—I referred to my book, and found the entries—though I remember the conversation! it is impossible to remember who it was that called out—I should not like to say that, on any particular occasion, Phillips delivered these goods—a man comes down and hires the cart—I do not know that I ever spoke to him six times before—I got a cart-note on one occasion—I did not give it up; very likely they did not pay the cartage—we often keep notes when they are forgotten to be delivered up—Phillips used to receive delivery-orders—I never saw him on these transactions, but I always saw him when I went for my regular customers with orders.
Cross-examined by MR. LEWIS. Q. Will you pledge your oath that on one of these occasions, three years ago, Pope went with you in the cart? A. I will—Pope went down with me once, I am certain; I have a very strong recollection of it—I firmly believe he went with me once.
WILLIAM CHARLES CHILD . I am a confectioner and manufacturer, at 192, Pentouville-road—in 1862 I lived at York-place, King's-cross—I know Pope; and Maile's father-in-law—I have had frequent transactions with Pope; he used to come to me—I have no memory of the dates—this paper is not signed by me—I have received cart-notes similar to this, with sugar; I do not know what has become of them—I have looked for them; I cannot find them—I have purchased sugar from Pope—I keep no books—Mr. Bowen, the carman, delivered the cart-notes to me—I paid Pope by instalments, sometimes 5l., and sometimes 20l.—I have purchased 46 or 48 cwt. to the best of my recollection—I have seen nobody but Pope in these transactions, and I have paid him for all the sugar received through Bowen.
Cross-examined by MR. LEWIS. Q. Are you a very careful man in business? A. Yes—there has been a complaint against me lately about some tea which was lost; it was supposed to have been stolen, and was found on my premises—that was the first complaint made against me—I was indicted for stealing it, and was acquitted—there are three more charges against me; one for buying old boots, and another for buying a tarpaulin—there are three indictments against me, charging me with stealing articles from three different persons, but I do not know whether I am indicted for stealing them, or having them in my place—I am out on my own recognizances; my trial stands for the next Middlesex Sessions—I sometimes paid for the carting, and sometimes Pope did—I have paid Mr. Bowen, and sometimes Pope has paid him, but I always deducted the cartage—I did not always pay the carting money—I keep no books, because I have always paid ready money for the goods—I think the first purchase was something like 70l. or 80l. altogether; I cannot exactly recollect—there were 6 or 7 cwt.; you can easily get it—I received invoices; Pope would have them—there was some dispute between us; there was 20l. mistake, and we had his books and bills there; I went over them—I think twelve months elapsed, and we could not find it out, but he still said there was 20l. mistake, and he took the bills away, and never brought them back—Pope gave me a receipt on the invoices—I have not a single receipt to show, or an entry in any book—I have tried to find them—I mean to represent that there being a dispute between us, I gave up to him all the receipts I had, and the bills with them—I did not write out the orders for the sugar, which was afterwards delivered by Bowen
—I live nearly four miles from Bowen—Pope did not live close to him; he lived at Stepney.
Cross-examined by MR. COLLINS. Q. Had you invoices for all the transactions you had with Pope? A. Yes.
MR. GIFFARD. Q. Have you had them on other transactions besides these? A. Yes.
EDWARD SAYRE . I am clerk to Robert Carew Hunt, and Thomas Turnbull, the prosecutors—they trade under the name of Joseph Barber and Co., as wharfingers, at Brewers'-quay, and among other things store refined sugars—Phillips was in their employ up to about November last as warehouse-foreman—his duties were the general supervision of the warehouse—it was called Phillips' warehouse—Green was under foreman, assistant foreman, and was employed in the same warehouse—Pope and Maile are not connected with our place—if a merchant requires 50 loaves of sugar, he sends a delivery-order for them the form of which varies—if anybody applies for blank orders we supply them; if not, they write on blank paper—it is first taken by the carman, or the person applying for the delivery of the goods to the counting-house at Brewer's-quay—I know the routine, but the head clerk can give it to you as well or better than I can—the clerk signs or initials the delivery-order—he already has an entry of it—he has 1000 loaves of sugar on one side, and on the other he shows how it is disposed of—he takes that from the delivery—order after the goods are delivered—no entry is taken of it till it passes to the carman—it is given up in exchange for the goods by the foreman—supposing the delivery to have taken place at Phillips' warehouse, the order would be returned to the counting-house by the foreman next morning, and written off—the order is copied by the foreman into this book at the time of the delivery of the sugar into the warehouse—the book is kept in the warehouse—Green's writing appears in the books at that time, as keeping them under Phillips' superintendence—I have here the original book, into which the order was copied, and sent into the counting-house with the delivery-orders—the order would then be marked off—we credit the prosecutors, and debit the customers—when the order is marked in the counting-house, the foreman takes it to the person who delivered the goods, and a cart-note would be given—these (produced) are the counterfoils—the foreman would give the delivery-order to another foreman, or to anybody who was disengaged—Green appears to have written most of the counterfoils; he was the delivery foreman—in the ordinary course the counterfoil would show what was the substance of the cart-note—it would be very irregular to give a cart-note without entering the particulars on the counterfoil—this which has been produced by Bowen, bears Green's signature, and I believe the whole of it is his—I can find no record in the delivery-book of any order of 22d April, 1862, to Child or Pope, of 30 loaves of sugar, ex Diana, to Bowen's cart, but this is the cart-note; it is in Green's writing, on one of our forms—this is not the first occasion I have looked for it—you will see at the end of this book that some counterfoils are blank, though the cart-notes are gone—we do not number them—I have looked in the place where the delivery-orders of that date are kept, but cannot find one applicable to this transaction—I have looked at 9th September, 1862, and the same answer applies—there is no trace of the transaction, nor of 4 barrels on 2d October—a very considerable quantity, 24 tons, of loaves of sugar has been missed from the warehouse.
Cross-examined by MR. DALEY. Q. What is the greatest amount of sugar in the warehouse, 1,000 tons? A. No; I made a mistake last time; I confounded loaves with tons—in 1862 there were 126,000 loaves, or 1262 tons,
in Phillips' warehouse—there was that quantity, on an average, all the year round, with the exception of last year—it is all foreign sugar—Phillips was perhaps fifteen or twenty years foreman; he has been in the employment thirty years, I think—he was discharged about last October—he was remanded ten times—he was tried here in February on part of the charges, and acquitted—he was afterwards arrested at his home on a new charge, not on this charge—he was not supposed to keep the books; he sometimes gave cart-notes—he had a general superintendence—he knew what orders went into the establishment—he was supposed to take all delivery-orders, and see them executed—he would give them to the delivery foreman, or the other foreman, Green.
Cross-examined by MR. COLLINS. Q. How long have the prosecutors been in business? A. Our late principal was in the business from seventy years ago—stock was last taken in October or November, I believe—stock is taken every five years, of all goods in bond—if goods came in in 1859, stock would be taken of them in 1864; it is taken every five years back, but last year we had a general stock-taking, on account of these deficiencies—all sugar is in bond—it is not our place to take stock like a merchant—I cannot tell you when there was a general stock-taking before; we have never been plundered to this extent—goods are taken from the ship into a barge, and sometimes to the quay, and then to the first floor of the warehouse—there are four or five floors—sugar-loaves are generally placed on the first or second floor; they might be placed on the fifth floor on a press—the waste in getting them to the top floor depends on the quality of the sugar—there is sometimes considerable waste—I have never sworn that there was half per cent. of waste; I said that if the loss did not exceed a quarter per cent. the merchant did not complain—his Lordship made a calculation, but that was upon this fabulous quantity—a quarter per cent. is 5 lbs in the ton—1,262 tons pass through Phillips' warehouse in the year—if it is handled roughly there is more waste, and the waste also depends on the quality, to a certain extent—Phillips Was the head of the warehouse, and had two under foremen, Green and Holman—he had also a great many men under him, thirty men a day on an average, and sixty or eighty if it was a very busy time—these counterfoils in the delivery-order book should be filled up first as if you were writing a cheque—this "J. F." is James Foley's writing; he is a sort of assistant man—"W. F. C." is another assistant on a press; his name is Cave—other people besides Phillips, Green, and Holman wrote counterfoils of cart-notes—this book has the appearance of having bad some counterfoils torn out on 22d April, 1862, and the back is broken or torn—the counterfoil of this cart-note might be torn out on 22d April—the counterfoils both before and after this are dated 22d April—the number of leaves in the books is very irregular—Green had charge of the sugar-floor under Phillips; he was justified in obeying Phillips if he had the delivery-order, and if he saw the goods laden himself—not without, and if he saw the goods delivered he would naturally do it without being told—he has been in the service, I think, seven or eight years—I have been there twelve or thirteen years—there are fifteen or twenty clerks in the counting-house, but it is divided into departments—one clerk principally takes the sugar-books; he is assisted sometimes, if we are pressed—I attended the whole of the remands at the Mansion-house—Pope was first given in custody, and was put into the witness-box—the men were acquitted, but not on the whole of the charges, and then Pope was given in custody again.
MR. GIFFARD. Q. Was that a charge of having appropriated sweepings in the warehouse and sweepings only? A. Yes, and they were acquitted—
your learned friend suggested that it was the privilege of the workmen to take them, but that is matter of opinion—it was Phillips' duty as superinendent to see that no loaves went out without a delivery-order, and if he found it was being done to stop it, and call the attention of his principals to the fact—Phillips and Green have been there some time; they bore high characters, and my employers had great confidence in them.
COURT to R. SAYRE. Q. Would a delivery-order be signed by or on behalf of the person who had goods at the wharf? A. Yes; it would be, "Deliver to So-and-So's cart"—if the goods stood in the name of John Smith, then John Smith would order us to deliver to a certain person's cart so many Cwt.; if it was to Bowen's cart the order would say so, or we should not deliver it, we should know nothing of the person to whom he was to take it—the man who delivered them at our wharf would not ask the carman to whom they were going, it would be specified on the delivery-order—this delivery-order ought to be signed by Child—the cart-note would be in the same name as the signer of the delivery-order—if Mr. Smith has one hundred loaves of sugar, and sells fifty to Brown, the delivery-order would be, "Deliver fifty loaves to Mr. Brown, who would endorse on the back of the order, "Deliver to So-and-So's cart"—supposing Brown endorsed the delivery-order, the cart-note would be made out in his name.
Pope and Maile received good characters.
PHILLIPS— NOT GUILTY .
POPE— GUILTY . Confined 18 months.
GREEN— GUILTY . (See page 58). [See page 85 for punishment.]
MAILE— GUILTY . Confined 18 months.
MR. TAYLOR conducted the Prosecution.
CHARLES CRAWLEY . I am a starch-manufacturer, of Ludgate-hill—the prisoner was my traveller to obtain orders on commission—I knew him as George Phillips—I had some watchmaker's and jeweller's stock in my hands, and on 15th or 16th August, the prisoner said that Mr. Oliff, of the Star and Garter hotel, Copenhagen-street, was in want of a barometer, such as I had to sell—I permitted him to take one to show Mr. Oliff—he said next day that the barometer requited adjusting, which would cost one shilling, and Mr. Oliff would then take it and pay for it—the price was twenty-five shillings—I have never received the barometer or the money—a day or two previous to 19th August, the prisoner said that Mr. Watson, of the Cranbourne Hotel, St. Martin's-lane, wanted to purchase a gold watch, such as I had to sell, to present to his daughter, who was going to be married, and was content to pay the price I fixed upon, ten guineas, if it suited him—I took the precaution of seeing that there was such a person before parting with it, and went and saw Mr. Watson's name over the door, so on 19th August I entrusted the prisoner with the watch to take to Mr. Watson—he was to return it or the money the same evening—I should not have parted with it if he had not told me that—I never saw it again, and never saw the prisoner till 22d April, when I gave him in custody.
Prisoner. Q. How did I enter your service? A. For the purpose of serving a writ on a person named Joseph, who my assistant was unable to meet with—you swore that you had served the writ—I have a memorandum here on an envelope of engaging you as George Phillips—it says, "Gave him writ and copy for service"—there is no date to it—I did not pay you for doing it, but my solicitor did—you made the affidavit of service in the ordinary way—I entrusted you with a watch the day previous, which strengthened my opinion that you were honest; but I entrusted you with one the same day to take to Aldridge's Repository, and I understand you
went in a different direction and offered it to my solicitor's clerks—I cannot undertake to say that you did not go to Aldridge's—it was a silver lever stop-watch, and was easily convertible into money—you brought it back to me saying that it required being adjusted and put in going order, and then the person at Aldridge's would purchase it at the additional price—it had stopped when you brought it to me, because you did not understand the stop—I am not able to say whether any one was present when I handed you the gold watch and chain—I did not say at Westminster that it was on 10th August, I said that I was unable to say the date until I went to my office—I bad given orders to my travellers to take you in custody wherever they saw you—your commission was 5l. per cent.—I employed you to serve a writ, and asked you if you were in a position to effect sales for me.
SAMUEL OLIEF . I keep the Star and Garter—I have seen the prisoner before—he did not come to me about 10th August, in reference to purchasing a barometer, nor did I send any message by him in reference to one.
INGLE WATSON . I live at 21, Lloyd's-road, St. John's-wood-road—in August last I kept the Cranbourn Tavern, St. Martin's-lane—I never saw the prisoner to my knowledge till last week at Guildhall—I never saw him about a watch and chain—I had no daughter about to be married; my eldest daughter is only ten years old—he brought no watch and chain to me.
Prisoner. Q. Is there a gentleman at the Cranbourn very similar to you? A. No; there is only myself and my old uncle, who is a little man—I have not been with him at Mrs. Walker's in Holborn—I have been there with Mr. Jones, a traveller for the Burton Brewery Company—he may have been in my bar.
RICHARD PARSONS , (Examined by the Prisoner). About two or three months after 19th August, I met you by the Elephant and Castle, but did not give you in custody as Mr. Crawley had told me, because there was no policeman near—a policeman was about twice as far off as the length of this Court; but it was more through kindness to you that I did not call him—I told you to go to Mr. Crawley, as I had orders to take you up, but would not say anything about it—I advised you to see him, and settle with him—I did not tell him that I had met you—I met you again about a month afterwards, but did not give you in custody, because you promised to come to Mr. Crawley and settle it—you said that you would do so, but that you did not like to go to the office because of the clerks—you asked me for his private address, and I told you he did not like to see persons there.
Prisoner. Q. Were you at the police-station at Westminster on Saturday? A. Yes—the date the prosecutor gave was the 11th or 12th; he was not certain which, but said be could refer to his book at home—you were afterwards taken to Fleet-street station—the prosecutor gave the date there as the 19th.
Prisoner's Defence. I submit that the case of the barometer falls to the ground, as the landlord of the Star and Garter, Copenhagen-street, is not called. There is a difference of two miles between Copenhagen-street and Caledonian-road. The fact is, Mr. Crawley wanted a writ served, and I served it, which occupied me two days and a night, and I have never been paid. He also employed me to get rid of some shares, and for that I have never been paid. He told me he had several watches, chains, and rings to dispose of, and asked me to find him a purchaser. I found a gentleman who wanted a good lever watch, and took it to him, but unfortanately it
stopped, and I took it back to Mr. Crawley, who sent it to the watchmaker. A gentleman in Mr. Watson's bar wanted a watch and chain like one which Mrs. Walker had, which I had sold her. I took the watch to him and showed it to him, and when I returned to Mr. Crawley's the place was closed; and wishing to make myself smart, I put it on, got drunk, and was robbed of it, and of a purse containing 3l. or 4l., and got locked up in Clerkenwell station-house. I was so bad in the night, that I was obliged to be taken to the hospital through delirium tremens, and was discharged by the Magistrate next morning. A week and a day afterwards, I met the prosecutor's clerk, and told him all the circumstances.
GUILTY .— Confined Six Months.
THIRD COURT.—Tuesday, May 9th, 1865.
Before Robert Malcolm Kerr, Esq.
MR. SLEIGH conducted the Prosecution, and MR. COOPER the Defence.
GEORGE CATE . My father is a dairyman and farmer at Wolston, near Coventry—in February last we had a cow which calved, she fell sick, was attended by a veterinary surgeon, and soon afterwards died, we sent for the defendant to skin her, my father met him in the street—he is a jobbing butcher—he came on 27th February and offered to buy the cow, my father sold the carcase and the calf to him for 30s.—he skinned it on our premises—I saw it after it was skinned, it looked a dark colour, and smelt bad—two days afterwards, it was removed by the defendant in a wheelbarrow—it smelt worse then—the calf lived.
Cross-examined. Q. Is it not necessary that the skin should be taken off as quickly as possible after the animal dies? A. Yes; a good judge of meat would see at once what state it was in; packing it up and sending it to London would make it smell worse.
RICHARD ELKINGTON . I am a veterinary surgeon, residing at Wolston, near Coventry—I was called in to attend this cow which had calved—the cow died of milkfever—I did not see the calf—when a cow dies from milk-fever the flesh is certainly not fit for human food, this cow died in a high state of disease—I saw her both alive and dead—I did not see her after she was skinned.
EDWARD MATTHEWS . I am a meat salesman in Newgate-market—on the morning of 3d March a packet of 3 quarters of beef arrived at my establishment by the London and North-Western Railway, it was labelled and directed to me, this is the label, (Read: "Timothy Hancox, Wolston, Warwickshire, to Edward Matthews")—I believe it was dressed in the ordinary way in which meat sent up for human food is dressed, and packed in the usual way in cloths—it had a peculiar appearance, but I could not decidedly say it was totally unfit, of course if we have anything doubtful we call the attention of the inspectors to it—Mr. Newman had been to me about the beef two or three times that morning in consequence of a telegram he had received—I received this note (Read: "Sir, I have sent you some beef, I
should have sent oftener but some of yours or others have kept my cloths—Yours, &c., Timothy Hancox")—I had received meat from the defendant about two years ago; middling meat.
Cross-examined. Q. Do not you know that he always put the weight on the ticket before this occasion? A. Yes; there is no weight on this label—I have been in my business the whole of my life.
MR. SLEIGH. Q. Do you deal in anything else, except in meat for human food? A. No; we don't sell bad meat, we sell human food.
Mr. COOPER. Q. Do not you know that sometimes meat has come to you for other purposes? A. Sometimes farmers or butchers have a misfortune with their cows, and they will occasionally say, "Mr. Matthews, will you send this to the boilers' as it is not fit for human food; I shall leave it to your judgment."
MR. SLEIGH. Q. Was there any such suggestion made to you by this man, that you should send it to be boiled down? A. No.
JAMES NEWMAN . I am one of the inspectors of the Corporation, appointed by the Commissioners of Sewers—my attention was called on 3d March to three quarters of beef—I received a telegram on the evening before and waited at Mr. Matthews' till it came—I saw the label; I saw the hamper opened, I examined the meat, it was dressed in the usual manner as beef is, it was very red and inflamed, I could see that it was part of a cow that had died: to an experienced eye it was decidedly obvious that the meat was diseased and unfit for human food—I afterwards went down to Wolston and saw the defendant, he is a jobbing butcher there—I took the sergeant of police with me to his house—I told him I had come down to make some enquiries about three quarters of beef he had sent to London, that I was an officer and what he told me I should have to repeat to the authorities—he said he had sent three quarters of beef to Mr. Matthews—I asked him if that was the meat he had from Mr. Cate, he said, "Yes"—I asked him if this note was his writing, he said yes, but he had not sent it up for human food—he said he had boiled the other quarter down and given it to his pigs—I showed him the label and he said it was in his writing.
GUILTY .— Confined Six Months , and fined 20l.
OLD COURT.—Wednesday, May 10th, 1865.
Before Mr. Baron Bramwell.
MR. SLEIGH conducted the Prosecution, and MR. METCALFE the Defence.
MATILDA SUTER . I live at 9, North-street, Brompton—the prisoner is my sister-in-law—in March or April last she came to my house from the work-house, she remained there three weeks with the child—on Thursday, 20th April she went away with the child at three o'clock in the afternoon—she said she was going to take it to the workhouse where she was confined—I never saw the child again alive—I saw the prisoner again on the Friday—she said she had taken the child to the workhouse—I afterwards saw its dead body.
Cross-examined. Q. Did she appear to be kind to the child? A. Yes she appeared so while she was with me.
child—she left on the Friday fortnight of her own accord, taking the child with her—I nursed and washed the child while it was there, it seemed in good health when she left—I never saw it alive afterwards; I never heard that she brought it to the workhouse afterwards—I have since seen the dead body and recognized it as the child of which she was delivered.
Cross-examined. Q. Did she appear to be kind to the child? A. As far as I could see she did.
CHARLES LLOYD (Policeman, A 97). On Friday, 22d April, I saw the dead body of a child at the Mount-street station, it had some clothing on and a napkin marked "E. Suter" in ink—on the Monday following the 25th, I saw the prisoner at No. 9, North-place, Brompton—I asked her if her name was Elizabeth Suter, she said, "Yes"—I asked if she ever lived at No. 12, North wood-terrace, St. John's-wood—she said, "Yes"—I told her I was a police-constable and I should take her into custody on suspicion of murdering her child—I cautioned her and told her she bad no need to say anything without she liked, but whatever she did say would be taken down and used in evidence against her on the trial—she sat down in a chair and began crying, and said, "I know that I have made away with the child, and as much as I could keep from throwing myself into the water as everyone is against me"—her sister-in-law said to her, "You don't mean to say that you have made away with the child?"—she said, "I have, I took it to the woman that was going to have it, and when I got there she would not have it, so I made away with it."
WILLIAM GOLDING . I live at 95, Eaton-place mews—I was in the park on Friday morning and saw something floating in the water—I pulled it to the water's edge and found it was a dead body—I called the park keeper.
Cross-examined. Q. Was it wrapped in anything? A. No; it had on its bed-gown and a flannel.
RICHARD HENRY LACEY . I am a park-keeper—in consequence of what the little boy (Golding) said to me I took the body of a female child out of the water—it was dressed in the ordinary way it would be in doors, or rather in its bed-clothes, and there was a napkin round its body in the usual way marked, "E. Suter"—I took it to the workhouse.
JAMES STANLEY CHRISTIAN . I am a physician and surgeon of Thurloe-place, Brompton—I was called on to inspect the body of this child at the Mount-street workhouse on 21st April—I made a post mortem examination on the 25th—I was quite unable to form an opinion of the cause of death—the appearances were consistent with death by suffocation or drowning, what was the actual cause I cannot say—it was quite bloodless.
Cross-examined. Q. Suffocation and drowning would be the same thing would it not? A. Yes; if there was drowning there would be suffocation—there were no symptoms to lead to that conclusion—there was an absence of symptoms of all kind; when I say the child was bloodless I mean that the organs were so bloodless that I could come to no conclusion—there was blood, but in such a small quantity—the child was scarcely emaciated enough to say that it died of inanition, with a scarcity of blood there would be other symptoms—I don't think the other circumstances in connexion would warrant me in saying the child was about five or six weeks old—if it had been thrown into the water alive, the water would have been absorbed in the meantime—if the lungs were full of water in twenty-four or forty-eight hours it would disappear, and leave no traces of suffocation—I should have expected to find traces of suffocation, but those traces were lost because
there was no blood to be congested, the lungs were as white as paper—I examined the brain—in ordinary cases of drowning the vessels of the brain are full of blood—the stomach in this case was perfectly empty—I should not expect to find water there, it is not the rule—I did not find any one of those symptoms which are generally to be observed in a case of drowning—there was no external injury of any kind.
COURT. Q. Where did you see the body? A. About an hour after it was taken out of the water, from half-past eleven to twelve on Friday, 21st April, it appeared to me not to have been above one or two hours in the water—I did not get the Coroner's order to make the post mortem examination until five days afterwards; so that there was time enough for all the appearances to disperse—externally, the skin had not the appearance of having been in the water above one or two hours—if it had an ordinary quantity of blood in its body when it was thrown in the water—I could not account for the blood leaving it—there was no wound from which it could have escaped—I believe it must have been in that comparatively bloodless condition when thrown in—if it was alive at the time it was in a very weak condition from want of blood.
NOT GUILTY .
535. WILLIAM AMOS (27), was indicted for, and charged on the Coroner's inquisition with, feloniously killing and slaying Daniel John Keenan. MR. LILLEY conducted the Prosecution, and MR. SLEIGH and MR. F. H. LEWIS the Defence.
RICHARD MOON (Policeman, K 166). On 14th April I was on duty in the Mile-end road, about twenty minutes past five, and saw the prisoner driving a light cart; there were two other persons in the cart with him—when I first saw him he was coming over the Globe-bridge over the Regent's canal, that was about three quarters of a mile from where I afterwards heard the child was run over—he was driving a very high-spirited horse; he was going I should say about ten miles an hour—he was holding the horse very tight by the reins, the horse appeared to be out of control when he was crossing the bridge—when he got to the King of Sardinia beer-shop he loosened the reins, and the horse went off at the rate of thirteen or fourteen miles an hour—I watched him for nearly quarter of a mile, as far as I could see him—he appeared to be going about the same speed; it went off into a gallop at first, I can't say whether it kept up the gallop or not.
Cross-examined by MR. SLEIGH. Q. Is there a railway-bridge between the canal-bridge and where the accident occurred? A. Yes; about half-a-mile from the canal-bridge—he was coming towards me over the bridge, and when he passed I turned and followed him; he had one rein in each hand, pulling them very hard to hold the horse in.
COURT. Q. Is it not a very broad road there? A. Yes; there was a great deal of traffic on that day.
JAMES WHITE (Policeman, K 63). About half-past five on Friday afternoon, 14th April, I was on duty in front of the railway-station, Bow-road, and saw the prisoner driving a horse and light cart, coming from the Globe bridge—there was another cart almost close to it trying to pass it and when the prisoner got in front of me he said to the man who was driving the other cart, "Come on, "then when they were about twenty-five yards past me, they both drove off at a very furious rate, both horses breaking into a gallop several different times—I followed them for three or four minutes, I kept sight of them for about 100 yards or rather more perhaps—I then went as far as the police-station when I saw a man bringing the child covered with
blood—I went with them to Dr. Gills, then to the dead-house and then to the station—I saw the prisoner there standing in the crowd with his friend Mr. Wynn who was with him in the cart—they went into the station, I followed them in and told the prisoner he must consider himself in custody for furiously driving a horse and cart and killing a child—he said, "I could not help it as my horse took fright at a train that had just passed"—I said "That could not be, as there was no train passed at the time you passed"—no train had passed, I was standing right over where they would have to pass underneath, and I could see the steam if a train passed—at the time the accident happened the cart had passed the railway nearly 300 yards—I also said to the prisoner more than that, you pulled up your horse and said to the other man, "Come on"—he made no reply to that.
Cross-examined by MR. LEWIS. Q. Did you not say "You slackened your horse's speed for the other horse to get up?" A. Yes; he did not reply, "No, there was no other cart with us"—I don't remember those words—(The witness's deposition being read contained that expression)—I don't remember the words—I would not undertake to say it was not said—the first increase of speed was by the railway-bridge—I had been standing there about ten minutes—there was no whistling of a train while I was there—I would not say that no train passed, but there was no whistling—the words I heard the prisoner use were "Come on" not "hold on"—I was about five yards off at the time.
JURY. Q. What state was the horse in when it was stopped? A. All in a white foam and perspiration, from sweating.
MARY KEENAN . I am the wife of Daniel Keenan, of 15, Stewart-buildings, Bromley—on the afternoon in question between five and six o'clock I was going down High-street, Bow, opposite Bow church—I had three of my children with me; one of them was the deceased boy, between five and six years of age, named Daniel John Keenan—I saw the prisoner's cart coming along—the child had run away from me, going across the road—the prisoner was about a couple of yards from me when I first saw him—the pathway where the child got on to is narrow, the road is wide—I think the child had got across the road on to the kerb and the horse knocked him down, he was going to get up on to the kerb; he bad left me, I was on the opposite side of the road to the cart—I was going to follow him when I saw the horse—it was going rather fast—I saw the child ran over; the horse knocked him down—I called out, "My child" loudly, the prisoner pulled up directly—I have no idea at what pace he was going—I followed the child when it was taken to Dr. Gill.
Cross-examined by MR. SLEIGH. Q. You had two or three other children with you? A. Yes, one at my side and one in my arms—I did not hear any one call out to the child—I was attending to the other children—I think the child stopped just before it was knocked down, as if undecided whether to go backwards or forwards, and instead of stepping back it went forwards—before it stopped I saw its danger, and called out to it—at that time the cart was not four or five yards from it—the prisoner pulled up as quickly as he could, got down, and expressed his deep sorrow for what had occurred—he was very kind—he paid the expenses of the funeral—as far as I could see he was trying to get the horse under control and to stop it—I think he pulled one of the reins to turn the horse away from the child—I think it was quite an accident.
SAMUEL SMEETON . I am a baker at 13, High-street, Bow—on the afternoon of 14th April, between 5 and 6, I was in my shop, behind the counter—I heard a horse coming along the road in a cart—it appeared to make
more noise than usual—it was not exactly trotting, but as if it had broken out of a trot and was being pulled up into a trot again—I looked through my window and saw the horse's head, and at the same moment I saw a child in the road, and I saw the child knocked down and killed—all that I saw scarcely occupied a moment—I did not notice in what condition the horse was—it was pulled up immediately—my vision did not extend above ten or twelve yards from the position of my shop window—the horse stopped within a yard or a yard and a half of the child—I had no opportunity of seeing at what pace it was going—I imagined it to be about twelve miles an hour—he pulled up within twelve yards of where I first saw him.
Cross-examined by MR. SLEIGH. Q. When you first saw him was be apparently trying to pull the horse up? A. Yes; that was before the child was struck—he pulled up very suddenly—it appeared to me that the child made a pause in the road as if it had lost its presence of mind; if it had stepped back it would have been safe—I first saw it about a yard from the kerb, and the moment I saw it it was knocked down—it appeared to me to have stepped back from the kerb—I did not see it do so—that is my impression—it had no time to move; it was so momentary—there is a curve in the road, some distance up, in the direction from which the hone and cart was coming—there is a church, and a road on each side—as far as I could see the prisoner was doing all he could to avoid the accident—he was on his right side of the road.
MR. LILLEY. Q. How long did you actually see the cart and the child? A. Not a second.
JOHN FITZGERALD (Policeman, K 102). On 14th April, between 5 and 6 o'clock, I saw the prisoner driving a horse and cart in the Bow-road, about thirty yards before he got to the spot where the accident happened—he was driving at the rate of about thirteen or fourteen miles an hour—the horse looked as if it had been lathered over with soap, from perspiration—I observed another cart, as if they were racing—the prisoner appeared to be driving with a free rein—I went up directly the accident occurred—I was up a turning at the time.
SAMUEL LAURENCE GILL . I am a surgeon, of 4, Campbell-terrace, Bow-road—on 14th April, between 5 and 6, the deceased child was brought to me—it was insensible, bleeding from the nose, mouth, and ears, and there was a large wound on the left temple, exposing the skull; that, connected with a fracture of the skull, was the cause of death.
Witnesses for the Defence.
JAMES WYNN . I am a cowkeeper, of Green-bank, St. George's—I was in the cart with the prisoner—I had sold the horse to him, that he was driving, on the Wednesday, as this happened on the Friday—we started that day from King-street, St. George's—we went at a very gentle pace till we came in the Mile-end-road—a little before we came to the railway the mare seemed a little bit startled, and the prisoner twisted the reins round his hand, and put his feet against the front of the board to hold her in—we were not racing with any other persons—there were two other carts coming down the road, and they startled the mare—I did not hear the prisoner say, "Come on," to any one in the other carts—I saw the child about five or six yards before it was knocked down—at that time the prisoner was holding in the mare as hard as he could—as soon as he saw the child he called to it—the child seemed to run across much as usual, and in the middle it made a bit of a stop—no sooner did the hone knock the child down than the prisoner pulled
up, within two yards of it—he had been trying to pull her in for some distance; she is very hard in the mouth—this is the first time he had driven the mare, and he has never driven her since.
Cross-examined. Q. Do you remember passing over the Globe-bridge? A. Yes; the prisoner was holding the mare hard in then—she never galloped—she first began to go fast when the other carts came up—she had been accustomed to the road, but not much—I had driven her—I have had her five years; from two years old—I did not take her out much—I had another one, which my Misses liked to drive behind best, and I very rarely used this one; sometimes she did not go out of the stable for months—I have three horses; one heavy one and two light ones—the mare did not quicken her pace after passing over the Globe-bridge—she was going about ten miles an hour, not more—she went faster when she got by the railway-railway-bridge bridge, because the two carts startled her more—he did not pull up near the—I swear that he did not slacken her pace; he could not, she would not stop.
COURT. Q. Had the prisoner ever seen the mare go before that day? A. I don't think he had—I merely went with him to have a last ride behind her—we did not try her paces to see how fast she would trot—he only wanted to see if she was quiet in harness—I had been paid 2l. 10s. for her—the prisoner had a receipt for it—he has not paid the rest of the purchase-money—he has not refused to do so on account of the accident.
THOMAS FITZGERALD . I am A lighterman—I was riding with the prisoner and the last witness on this occasion—we were not racing with any other cart—at the time we got to the Globe-bridge we were not going more than ten miles an hour—the mare went at about that speed till we came near the railway-arch, when she was startled by two carte rattling down the road, and coming alongside—the prisoner did all he could to stop her till we got near Bow church, when he had got her well in hand—after she was startled she went faster then ten miles an hour; it might have been eleven—I believe the child was five or six yards off when the prisoner first saw it—he hallooed to it, and did all that man could do to stop the mare—the child made a slight pause in the road, and started again to run—it ran as fur as the mare's head—the prisoner tried all he could to avoid the child—he pulled the left rein, and threw the mare on one side, against the railings of Bow church, but the child ran right against the mare's chest—he pulled up within two yards of the child—I assisted in carrying the child to the doctors.
Cross-examined. Q. May not the mare have been going thirteen or four teen miles an hour? A. No, not so fast as that.
COURT. Q. Did you beat the two carts that were behind you? A. I don't recollect; I took no notice.
WILLIAM ENGLISH . I live at Tredegar-place, Bow-road—I saw the prisoner in the Bow-road—he was in the act of pulling up as hard as he could—that was about thirty or forty yards from the child—when he came to the child he pulled across the road in the same direction as the child ran—he did that to avoid the child—he was pulling up to stop the horse—I was standing at the top of a gateway, about a hundred yards off.
WILLIAM BARBER . I am a dairyman, in London-road, Rotherhithe—I saw the prisoner driving this horse, about 300 yards from the accident—he had got the reins bound round his hands and his feet on the foot-board, pulling the mare as hard as he could, and she was dragging the cart entirely by her mouth—she had not got the traces tightened at all; they were hanging
half-way on the ground, so that the reins were acting as traces—that was the state of things all the way along.
Cross-examined. Q. Are you an acquaintance or friend of the prisoner's? A. No; I never saw him before that day—I first observed him as he left the railway arch, coming down the hill—I was standing at my door watching the things going down—it was Good Friday—I was not examined before the Magistrate—the distance from the railway to where the accident happened is about 250 or 300 yards—there is a curve near where the accident happened—there was a large number of persons passing along the road, and a considerable amount of traffic; more than usual, being Good Friday.
COURT. Q. Was the horse trotting or galloping? A. Trotting the whole way; what I should call a runaway trot, drawing the cart entirely by the mouth.
NOT GUILTY .
NEW COURT—Wednesday, May 10th, 1865.
Before Mr. Recorder.
MR. POLAND conducted the Prosecution, and MR. METCALFE the Defence.
EDWIN WADE SOMER . I am cashier to Messrs. Robarts and Co. 15, Lombard-street—Mr. Edward Jackson, of New-cross, keeps an account there—on 4th March, I paid this cheque for 25l. in gold to the prisoner; it is dated 1st March—on 25th March I paid the prisoner this cheque for 20l. in gold, and on Saturday, 3d April, she presented this third cheque for 20l.—she was shown into a private room, and Mr. Mullens, the solicitor, and an officer were sent for—the three cheques purport to be signed by Mr. Jackson—they are on blank forms issued by our bank, and I thought they were genuine.
Cross-examined. Q. Did you know her previously, while her husband had an account there? A. No—it is four or five mouths since he had his account there.
CHARLES ELLS . I am a clerk in Roberts, Lubbock and Co.'s bank—on 18th June, 1863, I delivered this cheque-book (produced) to Benjamin William Jackson, who keeps an account at the bank—the cheques produced are from this cheque-book.
RICHARD MULLENS . I am solicitor to the London Bankers' Association—on 8th April, I was sent for to Messrs. Robarts, and found the prisoner in a private room—I had the third cheque in my hand, and asked her if she was the person who presented it—she said, "Yes"—I asked her from whom she received it—she said, "From Mr. Edward Jackson"—I showed her the other two cheques, and said that Mr. Jackson had declared that they were forgeries, and that the third appeared to me to be in the same writing—she said that she knew nothing about them, but she had received the third cheque from Mr. Jackson's own hand—either then or at a second interview I said, "I believe he is your brother-in-law, "and asked whether she was willing to go to him—she said, "Certainly"—I left the room in order to get some one to go with her—Sergeant Webb shortly afterwards arrived,"
and then she asked to speak with me alone, and said that it was of no use her going to Mr. Jackson, as she had not received the cheque from him, but had written it herself; that she had been in great distress, which had driven her to do it, and she had hoped that Mr. Jackson, for his brother's sake, would honour the cheques, and wished to assure me that her husband knew nothing at all about it—Webb was called in, and in his presence I told her that she would be charged with forging and uttering a cheque for 20l.—she said that it was quite true; she had done it herself, and her husband knew nothing about it—she was taken in custody, and I attended the examination at the Mansion-house, on 13th April, when Mr. Edward Jackson was examined—I did not see him sign his depositions—the prisoner was asked if she had any question to put, and she made a statement in answer to part of the depositions—the cheques were produced.
Cross-examined. Q. Are you a detective? A. No, a solicitor—two detectives were examined at the police-court—I was not examined, because I conducted the examination as attorney—I did not give notice to Mr. Forsyth that I made this statement; I did not know that she had any attorney—I put into the brief instructions to examine me in consequence of Mr. Edward Jackson having suddenly died—I asked her all these questions without cautioning her; I simply said, "From whom did you have the cheque," and that gave rise to the rest of the conversation.
HENRY WEBB (City-policeman). I am a detective—I was sent for to Robart's bank, and found the prisoner there—Mr. Mullins said, "This woman is charged with forging and uttering this cheque," which he had in his hand, "I give her in custody"—she said, "Yes, I presented the cheque"—I took her to Bow-lane police-station, and on the road she gave me this cheque-book (produced), which she said was her husband's, and that he had kept an account at Robart's bank, and she had signed this cheque and two others, and thought her husband's brother-in-law, Mr. Jackson, would not mind it, as he had lent her money on several occasions before, and that no one knew anything at all about it but herself, that they had managed her brother-in-law's affairs for him, and when she signed the cheques she thought her brother-in-law would honour them, that her family and herself had been in great distress, which caused her to do it, and it was entirely through that that she had done it.
MARIA DOLLING . I am the wife of William Dolling of Mason-street, New Cross—I knew Edward Jackson, who used to live at 112, New Cross-road—I was present at his death, and last Saturday I attended his funeral; he was the person who I saw examined at the Mansion-house.
Cross-examined. Q. On his statement, did the prisoner say anything? A. I think she said "I hope you will forgive me."
JOHN MARK BULL (City-policeman) I was at the Mansion-house, and saw Mr. Edward Jackson sign his deposition—this is his signature, (Read, "Edward Jackson upon his oath saith, 'I reside at No. 112, New Cross-road, Deptford, in the county of Kent, and am out of business. I keep an account with Messrs. Kobart' a, Lubbock and Co., bankers, of Lombard-street—I have looked at the three cheques produced, for 25l. 20l. and 20l.; the signature "E. Jackson" to each is not in my handwriting, nor did I authorise any person to put my name to either of them. The prisoner is the wife of my brother. Nothing whatever has taken place between us which could cause her to suppose that she had my authority to put in my name to these cheques. She did not manage my affairs at all at any time.'")
The Prisoner's Statement "Only what I have to say is, it was difficulties between my husband and my sons drove me to do this, and I thought my brother-in-law would honour the cheques for me."
GUILTY.—Recommended to mercy by the Jury and Prosecutor. — Confined. Three Months.
MESSRS. ORRIDGE and OPPENHEIM conducted the Prosecution, and MR. WILLIAMS the Defence.
HENRY STOKES . I am a bootmaker, at 29, Coventry-street; I lived at 27, Coventry-street in December, 1863—I came down one morning early, and found the shop-door open, and the look cut away; it was soaped so as to make no noise—I missed twenty-seven odd boots, six dozen half-fronts, and upwards of thirty pairs of boots, eighteen pairs of which I have recovered from the pawnbrokers—the value of what I missed was between 40l. and 80l.—we have no stock-book, and I cannot tell exactly how many I lost—I saw them safe the evening previous, between 8 and 9 o'clock—I came in at 11 o'clock and found the shop-door safe—a man named Callaghan worked for me in 1862, but I cannot swear to the prisoner—some boots were afterwards given up to me in this Court.
Cross-examined. Q. Is the prisoner the person? A. I think I know his features; his father is a bootmaker too—Mr. Leet is my attorney, my clerk instructed him, a policeman did not tell me of him.
WILLIAM ACKRILL (Police-sergeant, F 15). On 3rd December, 1863, about 3 o'clock in the afternoon, I was in Newton-street, Holborn, and saw the prisoner with two men, named Hill and Thompson, who have been tried here for the burglary at Mr. Stokes' (See Vol. 59, page 212)—I was present when they were convicted—the prisoner was carrying some boots under his arm, and so was Hill—they went into 14, Newton-street, which is a lodging-house—I waited for assistance, and then entered the house, and found that they had left the property there and escaped at the back—I afterwards received information and arrested the prisoner at Liverpool last Tuesday—the property left behind was given up to Mr. Stokes.
JURY. Q. How far were you from the prisoner? A. Just crossing the street—I could distinctly see who it was—the boots were uncovered—I knew the prisoner by sight previously.
WILLIAM NORDON (Policeman, C 33). I remember the burglary at Mr. Stokes' house on the morning of 2nd December, 1863—I examined the premises that morning, and found the wood-work cut away, so as to make an entrance, and there were marks of thieves having been in the place—on the evening of the 4th of the same month I saw the prisoner on the Five Dials with Hill, who rushed away, I ran and fell down, and they both ran away.
NOT GUILTY .
MR. BESLEY conducted the Prosecution.
MARY ANN DOWNEY . I am the wife of William Downey, who keeps the Temperance coffee-house, Golden-lane—my nephew married the defendant—I saw her and her aunt last Easter Tuesday, in Whitecross-street, and her mother struck me and spat in my face in her presence—I saw the
defendant standing at the corner of the court between 3 and 4 o'clock in the afternoon—I went up to her and asked her the reason they hit me in Whitecross-street—she went up the court some short distance and I followed her, her mother and aunt were with her—I asked them the reason, and they beat me again—the prisoner struck me first, and then her aunt knocked me down, and her mother also gave me a blow while I was lying in the gutter—the prisoner got my thumb in her mouth, and took it off at the first joint—it was hanging by the skin when I got up—I had not struck her—I went to the hospital for five days, mortification took place and I had to have the thumb amputated at the socket—I am still an out patient.
Prisoner. Q. What was the cause of your breaking my door open? A. I did not do so, nor did I have to pay for it—I am sure you are the woman who bit my thumb off.
MARY FINNEREN . I am single, and live at 3, Sun-court, Golden-lane—I followed Mrs. Downey across the road, and saw the defendant's aunt and mother beating her—I then saw her underneath them, and saw the pro secutrix's right thumb in the defendant's mouth—the defendant then got up and spat the blood out of her mouth—I did not see the prosecutrix strike the prisoner, and I must have seen it if she did.
CHARLES DURRANT PEERLESS I am house-surgeon to St. Bartholomew's Hospital—on Easter Tuesday the prosecutrix was brought there—I examined her thumb, and there was a compound dislocation of the lower joint—the thumb was about half severed—that might have been produced by a severe bite—mortification set in, she became an in-patient, and I took her thumb out of the socket.
Prisoner's Defence. I did not bite her.
GUILTY .**— Confined Eight Months.
MR. WILLIAMS conducted the Prosecution.
JOHN PEMAN (Policeman, A 490). On 3rd April I took the prisoner in custody at the London Hospital on a charge of attempting suicide—I took him before a Magistrate, by whose directions he was taken to Bethnal Green workhouse—he said in the hospital, "Do not move me, let me stay here and die, where is Polly."
JOHN WILLIAM WORRALL . I am a net-maker, of 20, Wellington-street, Stepney—the prisoner is my son—he will be twenty years old on the 24th of this month—he partially resided at my house, but did not sleep there—on Sunday, 2nd April, I was sent for to the London Hospital, and found I him there—I asked him how he came there, and what he had been doing—he said, "My mind is fully made up, I shall die, or some one else will"—I do not know any cause for his conduct, but he has been subject to epileptic fits, and Dr. Orton attended him last summer, and said that he was an epileptic subject, which caused his mind to be affected at times.
WILLIAM HENRY COLLINS . I am a mathematical instrument-maker, of 6, Cudworth-street, Bethnal Green—on Sunday, 2d April I returned home between 6 and 7 in the evening, and found the prisoner in my house in a state of insensibility—I sent for a surgeon, and by his directions took the prisoner to the London Hospital—I went there next day with the prisoner's sister, she had some conversation with him about my daughter in my presence, and he said, "Pray for me Rosa, pray that I may die, to save me from the gallows"—he had been courting my daughter, and he proposed to
marry her—she would have done so, but I did not sanction the match, and she refused to marry him without my consent—on 15th December, after Borne conversation with me, he brought a pistol and fired it in the back-yard—I was about to give him in charge, but he said that the conversation I had had with him had saved his doing some injury to himself or to my daughter, and it should never occur again.
Prisoner. Q. What did I say? A. You said you were thankful that the conversation I had had with you over at the Vicar's had altered your mind, as you had intended it for another purpose—you wished my daughter to marry you without my consent, and she refused.
WILLIAM HENRY COLLINS . I am the son of the last witness—I assisted him in taking the prisoner to the hospital—when he was there lying on a couch, he beckoned to me, and I asked him what he had been taking—he replied, "Chloroform"—I went to the hospital next morning, and asked him why he did such a thing, and said, "You were not satisfied in coming to our house, and bringing disgrace upon our house, but I believe you have threatened my sister"—he said, "No, I have not"—I said, "You have"—he said, "What did I say?"—I said, "You said rather than see her the wife of another man you would shoot her"—he said, "No; I said rather than see her the wife of another man, I would put a bullet through her"—he said afterwards, "I would not hurt a hair of her head, or any of the family"—I should not have said anything about it, but I believed his mind was affected, and that he was likely to carry out his intent.
Prisoner. Q. Did you hear me say I would put a bullet through her? A. Yes, distinctly—my sister has not said that you have threatened her, or that she goes in fear of you.
WILLIAM BATTERS WOODMAN . I am resident medical officer at the London Hospital—on the evening of 2d of April, the prisoner was brought to me in a state of partial intoxication, such as may have been produced by chloroform—I smelt his breath, and could not smell anything; but I gave him an emetic, and he vomited matter which smelt of chloroform—he was kept there till the following morning—he was then in a very wild and excited state, and said that he would do it again; he would destroy himself in some way or other.
The prisoner produced a written defence, stating that he was in the habit of carrying chloroform linament for toothache, but had no recollection of taking any, that he had been ill with fever and epileptic fits, and requested that his mother might be examined as to the state of his mind.
MARGARET SARAH WORRALL . I am the prisoner's mother; I was away from home when this happened—he was ill from June to September suffering from fits the whole of that time—the doctor said that his recovery would depend upon the action of his brain—he sometimes laid the whole day without asking for, anything but a little water, and before I could give it to him he has gone off in a fit—he has been subject to epileptic fits ever since—the doctor told me that he was an epileptic subject, and that his mind was not quite right—I thought he seemed much better, but he was taken ill again, seven weeks ago, at Mr. Collins's, and I sent for the doctor'—my husband's father died deranged, and I have been afraid to cross the prisoner in any way.
Prisoner to WILLIAM BATTERS WOODMAN. Q. Did you not say before the Magistrate at Worship-street that you conceived I was of unsound mind? A. I said that I thought so at the time—I had never seen you before.
COURT. Q. Would the chloroform produce this effect, or if he was of
unsound mind then would he have been of unsound mind before taking it? A. Yes; he was not quite insensible, but breathed slowly.
NOT GUILTY, being of unsound mind at the time.
MR. OPPENHEIM conducted the Prosecution, and MR. RIBTON the Defence.
MARY ANN POOLE . I live at 65, Warwick-street, Pimlico, and keep a school—my husband is a clerk at Mudie's Library—I remember the fire—I spoke to the prisoner about it on 19th April—I first spoke to her about taking some money from the pocket of my sister's dress, which she admitted—I then said, "Well, it is well for you that you have confessed that; it is forgiven concerning the money, but if you have caused the house to burn make so reply; if not, tell me so, and I will believe you"—she said, "I have not done so"—I wished her "Good night," and we each retired to rest.
MR. RIBTON. Q. Do you mean to say that that was all you said to her in reference to the fire? A. On several occasions during the week I said that it was a mystery, and asked her if there was any smoke or fire in the room when she fetched the little girl, and she said, "No."
Q. Here are your depositions; have not you said this, "On the following Saturday she made a statement I had told her previously that it would be better for her to tell the truth, and I had said, 'Do not add sin to sin; it will only make the matter worse!'" A. I never said that it would make the matter worse—I have said that if she had done anything wrong, it would be better to tell the truth—I told the Magistrate that I said she had better tell the truth on every subject—I have said so perhaps thirty times, and after she had confessed it I said, "Mary you had better tell"—I had not said on the Saturday that it would be better for her to tell the truth about the fire; I had about the money, but it was all within a few minutes—I did not tell the Magistrate that those words applied to the fire.
MR. OPPENHEIM. Q. Were the words, "Do not add sin to sin by telling a falsehood, used on Friday or Saturday? A. On Friday, relative to taking some money, and it was at the same time that the subject of the fire was brought up—on the Saturday she spoke to me first; she came into the room; I had my infant asleep, and I raised my finger, that she might not make a noise—she said, "You have forgiven me a great deal;" I said, "Yes;" she said, "You have forgiven me so much; it is all forgiven, I did set the house on fire"—I made no reply, but left the room to relieve my feelings, and some little time afterwards, when I had recovered, I said in my sister's presence, "Well, Mary, I must acquaint your father of this, and lest I should misrepresent you, give me a note for him"—she said, "What shall I put in it, will you tell me how to write it?"—I said, "No; that would be my note, not yours;" and I went to the other side of the room, and left her to complete her note—she then gave me this paper, (Read: "Mary Ann Pallister. I set the house on fire on Wednesday at ten minutes past 2, when I took Mary down. I am sorry for it. I like Mr. and Mrs. Poole; they paid me each week; they are kind and good. I done it because I lost my name. I stole things, that I did. Miss Poole keep me on account of my father's good character. Saturday, 22d.")—there are two rooms at the top of our house; the back one was my sister's bedroom, and my little girl, three years and a half old, slept in the room—the front-room had been my bedroom, but in consequence of my delicate health it bad not been
used for some time, but it was fitted as a bedroom, and a considerable quantity of my husband's clothes were kept there—on Wednesday, 19th April, about twenty minutes' past 2, an alarm of fire was given; a policeman came and went upstairs—I went up a few stairs, but he desired me to return—the prisoner was then in the breakfast-room on the ground-floor—I spoke to her about the fire, and she said that she knew nothing about it—she was the only servant I kept then—I had not been in the top room since the Saturday night previous; I do not think there had been a fire there all the winter—there might have been once, but I think not—some firemen came, and after the fire was extinguished, about 4 or 6 o'clock, I went into the room, and found the things a heap of ruins—there were a great quantity of things on the floor, which the firemen had pulled off the bed—the bed was ashes, and a loo-table was split and blistered; the walls were burnt in three or four places—there was a great quantity of clothing in the room which was burnt with the exception of what was in the drawers—it was an iron bedstead—my school-room is the front-parlour—I did not allow any child to go up stairs that day—I was in the school-room until 1 o'clock, when I took a cup of tea with my sister—I gave a music lesson to a lady, and sat with the door open—the school children retire from 1 to 2—if they left the school-room to go up stairs, they must have passed the back-parlour door, which was open, and I was sitting opposite it—I did not see them.
Cross-examined. Was the house insured? A. Yes; in the Westminster office, and the furniture in the Union—the firemen gave notice, and the surveyor came next day—we made a claim of 43l. the same day—they did not demur to pay it—they paid it on Tuesday or Wednesday last; the cheque was dated 2d May—we had not applied to them frequently in the mean time—I went to the surveyor's office on the Wednesday after, and took a more correct list—they paid us after the prisoner's committal—there were not two quarters' rent due to the landlord—my husband paid two quarters' rent yesterday, but that was up to Midsummer in advance, which he very often does—March quarter was due, and he did not pay that till May—I never told the prisoner that it would be better to tell the truth with reference to the fire, I swear that; we should be too happy for her to be acquitted, we have no harsh feeling towards her, but we have to redeem our repu tation—I referred to falsehood generally; she was addicted to falsehood—she admitted taking the little girl to look in the large dressing-glass—I said, "Was there any smoke?"—she said, "No"—I said, "Ten minutes after wards the fire broke out, do not tell me any stories, if you have been in the room tell me so"—I did not say that it would be best for her to confess that she had set fire to it, as we could not get our money from the Insurance-office till she did; I said, "I should not wonder but we shall lose the in surance, and if people ask you about it, tell them to mind their own business; no, do not be rude to them; tell them to ask me"—I did not dictate this statement to her, I was sitting on the other side of the room—I did not charge her with stealing before the Magistrate, till after her committal for this—I had promised if she told the truth not to do so—our house has never been on fire before; there were reports that the chimney was on fire, but Policeman, 128, came and said that there was no fire; that was two years ago in September, I think—the first alarm was about July two years ago—the kitchen chimney was not on fire in July, 1863, but a person next door said that it was—the engines did not come on that occasion—I am not aware that there was a chimney on fire next door—I was ill in bed at the time, and my sister was reproving the servant that there was not sufficient
fire to get me a cup of tea—I left my bedroom, and heard the sweep say, "The old woman next door says your chimney is on fire"—I saw no fire—in September, 1863, there was a very great alarm, and I think two engines came, but the firemen came in, and said that there was no fire; Policeman, 128, also said that there was no fire, and he has since said that be believed the fire was next door—in October it was again alleged to be on fire at 11 o'clock at night—that was three times in ten weeks, but there was no fire to put out, and the firemen said, "You should bring an action against these people for these continual annoyances; there is no fire in the house, and has not been any"—the prisoner's mother called on me the day after the fire, and I said that no one had been into the room but Mary for some hours, and that it was a mystery—I never said that it would be better for her to con fess, and that I would protect her—I did not say to the prisoner on Saturday morning, "I am going to the Insurance-office, and if you will confess it I will forgive you; but if you do not I will prosecute you—my husband gave her in custody on the Friday following—I did not do so at once, be cause I did not consider it was my place to do do so—I waited the issue of the insurance—I did not call in a constable at once, because I thought it was the business of the office—I did not go to the office till Wednesday; I was waiting for the clerk to come—I retained the prisoner in the house on Sunday, Monday, and Tuesday, knowing that she had set fire to the house—I showed them this paper at the office, and they said that it was our place to prosecute—I did not give her in custody then, because I did not usurp my husband's power; we went to the station on Thursday and the sergeant implored Mr. Poole not to let her be in the station all night—she was taken on Friday; I gave my evidence, and she was remanded till Tuesday I think—my sister was in the house all day on the day of the fire—I had ten or twelve scholars that morning, but only about four at the time the fire was discovered—they left as soon as they could get through the crowd—the morning pupils had left about 1 o'clock—one gentleman occupies the drawing-room floor—his brother come to see him occasionally, and slept once—neither of those gentlemen were at home that day to my knowledge, but I know nothing about the house; I have nothing do with it—one of them smokes of an evening.
MR. OPPENHEIM. Q. Have they any right to go up stairs to the upper floor? A. No; we were told that it was a person next door, who used to give the alarms of fire—it is not a fact that on three occasions there was a fire in our house—we afterwards had a lawsuit with the lady next door, and the fire was one of the counts of the indictment—the Assurance-office did not state that they would not pay unless I prosecuted; they made no demur at all; they behaved most genteelly to us—the action was brought for slander.
MR. RIBTON. Q. Did you not go to the prisoner's father, and suggest that he should not engage a solicitor for the defence? A. No; I said, "Do not you waste too much money, for you know nothing about the law, and no doubt they will find a counsel for her"—I went to him to see if by any chance a ring and purse, which we had missed, had been put into the prisoner's box—I complained that Mrs. Blinkworth was a very great drunkard, and that she drank the officer's wine.
ANNIE GREEN . I am single and live with my sister Mrs. Poole, at 65, warwick-street—I was in the house on 19th April—my bed-room is on the 2d floor, and one of Mrs. Poole's children sleeps in the same room—I left the front room at eleven o'clock, but I had not been in my own room for a quarter
of an hour—the front room was where the furniture was burnt—there had been no fire in the grate for at least four months—there were no matches there to my knowledge—I dusted the room and watered the plants—I then went down stairs to the drawing-room floor—I did not go into the room again till twenty minutes past two—I did not see any of my sister's school children go up stairs that morning; I should not have done so because I was down stairs below the school-room—about ten minutes past two I sent the prisoner up into my bed-room to fetch Mrs. Poole's little girl who I had left in bed—she was up stairs I should think under five minutes and brought the child down—a policeman came about twenty minutes past two, and I heard an alarm of fire given—he ran up stairs alone and sent me down—I had placed some of Mrs. Poole's clothes on the bed when I dusted the room—the school children are not allowed to go up stairs, and they are absent from one till two o'clock, excepting on wet days—when the alarm of fire was given the prisoner was down stairs with me and after the policeman knocked at the door she said, "There is a smell of fire"—I said, "I do not smell it, run into the scullery"—she said, "It cannot be there, it is upstairs"—I think the policeman was going up then—the child who sleeps in the room could not get at the matches which were kept on the mantel-piece; it is too high, and when I went into the room I saw the box precisely where I left it in the morning—a young man lodges in the house who is studying, I cannot say whether he was at home, his brother generally went out at one and came in at two—the gentleman went out at half-past nine in the morning till the evening.
Cross-examined. Q. Was his brother there that day? A. Not in the day time; the lodger breakfasted at home and left his brother at home—I did not see him go out but I heard him—the prisoner was not up stairs that I am aware of till I sent her up with the child—it was crying, and I said, "Mary, the child is crying, fetch her down"—I thought she was rather quick in coming back—it was then twenty minutes past two, because Mrs. Poole was standing at the back-parlour door with her watch in her hand, and said that it was ten minutes past two, and that a lady had promised to be there at two for her lesson—I saw the prisoner write this paper, it was, I think, at the police-court, but I do not think it was shown.
GEORGE SILAS POOLE . I live at 65, Warwick-street, Pimlico—on the 19th April the prisoner was in my service, I am an assistant at Mudie's—I leave home at quarter past seven in the morning and return at half-past seven in the evening—about an hour after my return home I went to the top of the house and found a room there in utter confusion, and everything but the bed and bed furniture was burnt.
Cross-examined. Q. Were a quantity of clothes burnt? A. Yes; I was at the police-court'—I was excluded while my wife gave her evidence—I think I heard the first examination but not the second, but I am not quite sure—I did not hear her tell the Magistrate that she told the girl it would be better to tell the truth with regard to the fire, she did with regard to stealing the sixpence—I was not present but the door was open—there is a trap-door at the top of my house which fastens from the inside—it was fastened on that day—I was the last person who was outside and fastened it myself which was three or four nights before—I did not examine it till a week afterwards.
MR. OPPENHEIM. Q. Was it fastened then? A. Yes; I made it a point to keep it fast.
from the window of the up stairs front-room—I saw Benson, another policeman, knocking at the door—Mrs. Poole opened it to us—I went in and saw the prisoner, Mrs. Poole and her sister and some little children—I said in the prisoner's presence, "Your house is on fire,"Mrs. Poole said, "Where,"I said, "Up stairs," she said, "That it cannot be," I said, "It is," she said, "Go down and see" I said, "The fire is upstairs" and went up—when I got to the top of the landing I found such a body of smoke that I was obliged to retreat for a minute to get my breath—I then went into the room and was obliged to go back—I went in again on my hands and knees, found the window open and shut it, before which I called the other constable to go for the engines, the bed was on fire, nearest the fire-place, it was extinguished with buckets of water—I asked the prisoner who was the last person in the room, she said that she was in the room a few minutes previously for the baby—I could find no trace of matches in the room—I saw burnt clothes two or three coats, a waistcoat or two, and trousers—the bed was burnt sideways—I did not notice the glass.
Cross-examined. Q. Were the clothes burnt? A. Yes, so that they could not be worn again—it was, I believe, a feather bed—it did not take two or three hours to burn them—the room was very soon full of smoke—it would not take considerably more than an hour to fill the room with smoke—the girl did not say she was in the room, she said, "I was the last up stairs to fetch the baby.
" MR. OPPENHEIM. Q. Was there a draught through the room—Yes; the window and door was open but I shut them—it was about an hour before the fire was extinguished—there were five engines there.
WALTER PURCHASE (Policeman, B 10). On 28th April I took the prisoner at the prosecutor's house—I told her the charge, she made no reply, not a sentence—the charge was read over to her at the station, and I asked her if she understood it—she said, "Yes.
" Witnesses for the Defence.
MARY BLINKWORTH . I keep a lodging-house at 63, Warwick-street, next door to Mr. Poole's—my husband is butler to Stephen Kay, Esq.—I hare known Mrs. Poole all the time she has been there, which is four years last March, and from what I have known of her, I would not believe her on her oath.
Cross-examined. Q. Did Mrs. Poole or her husband bring an action against you in the Court of Queen's Bench some few months back? A. On 28th June: they recovered a verdict against me of 40s.
MR. RIBTON. Q. Did you hear her give her evidence when she brought the action? A. No, I have no other reasons for not believing her on her cath, than what I was told that she swore on that action—she has spoken very falsely, and she hat told many untruths not connected with that trial.
COURT. Q. Did you give evidence on that trial? A. Yes, on a different side to her, and the jury found a verdict against me—three parties besides me can say the same thing.
Cross-examined. Q. Last March twelve months did Mrs. Poole sue you in the County Court for 1l. 16s.? A. Yes, that was paid—I did not give evidence, Mrs. Poole did—my daughter was not dismissed from Mrs. Poole's
school—my husband is steward in a nobleman's family-only a, lady and gentleman and one child lodge in my house at present.
MR. RIBTON. Q. Did Mrs. Poole dismiss your daughter from school? A. No, I took my child away—I did not hear Mrs. Poole swear that she dismissed her—she wished me to send the child back to school, and I said, "No"—I think she did say at the trial at the Queen's Bench that she dismissed the child, but not in my hearing—I have other serious reasons for not believing her on her oath.
The Prisoner received a good character.
Recommended to mercy by the Jury.— Confined Twelve Months.
THIRD COURT.—Wednesday, May 10th, 1865.
Before Mr. Common Serjeant.
MR. THOMPSON conducted the Prosecution, and MR. PATER the Defence.
WILLIAM BUSS . I reside at Blackstol, Kent—on 21st April between two and four o'clock in the afternoon I was in Gracechurch-street, endeavouring to get through a crowd—I saw the prisoner near me—I felt him close by my side and then felt a twitch, and saw my chain hanging down—the prisoner bolted across the road and I followed him—the chain was through my waistcoat, it was not broken, but the watch was twisted off the ring,—I did not see the prisoner caught, but I was close on bis heels—this is the watch (produced).
Cross-examined. Q. Where had you come from? A. I had been to Mr. Greave's office in Fen-court—I had seen my watch not five minutes before, I looked at it in Fenchurch-street, before I went to Fen-court.
JOHN RADMORE (City-policeman, 596). On the afternoon of 21st April, I was on duty at the corner of Fenchurch-street, I saw the prisoner running between the traffic, he crossed and re-crossed the road—I stepped on to the footway and caught him in my arms and asked him what he was funning for—he said, "Nothing, it is all rightn—the prosecutor came up and said, "That is the man who has taken my watch,"—the prisoner made no reply—on on rway to the station in Tower-street by Mincing-lane he tried to get away, and in the scuffle we got to the other side of the way; I was there surrounded by a lot of thieves—I saw something shining in the prisoner's hand which he was trying to pass—I took hold of his hand and at the same time I saw this watch pass from his hand into a wine-cellar—it was picked up and handed to me.
MR. COOPER conducted the Prosecution.
JOHN CHERRY . I live at 1, Railway-street, Bromtey, and keep the "Byron's Head" beer-house—on the night of 3d April when I went to bed" about twelve o'clock, all the doors and fastenings were secure—the next morning about seven, I found that the kitchen window had been forced open, it had been nailed down before that—I missed lib of cigars from the looby, I went
into the bar and found the till empty, I had left 5s. in it—I also missed a clasp pocket-knife and my over-coat, in the pocket of which was a pair of worsted gloves and a key—on 26th April I saw the key and knife in Sergeant Pullen's possession—I gave information the same day.
GEORGE PULLEN (Policeman, K 10). On 26th April I took the prisoner on another charge—I found this knife (produced) in his right hand coat pocket, he refused his address, he said he came from Portsmouth—I afterwards went to 8, Croucher-place, Railway-street, Bromley—I found the prisoner lived there and that his name was Hill; I found the prosecutor's key on a bunch there.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
ELIZABETH RICHARDS . I am the wife of William Richards, of 13, Sharp's-terrace, Isle of Dogs, boot and shoe maker—on the night of 4th April I went to bed at half-past ten—as far as I can remember all the windows and doors were fastened—next morning I found the back parlour window open—it was closed the night before—I missed my work-box, containing a pair of bracelets, three foreign coins, a gold brooch, a gold ring, a marriage certificate and several other things—I gave information to the police the same day, this is my work-box (produced), it contains some of the articles I lost.
GEORGE PULLEN (Policeman, K 10). on 26th April I went with Sergeant Briden to 8, Croucher-place, Bromley, where the prisoner lived—I searched the place and found this work-box with the things in it—the prisoner said nothing about it.
Prisoners Defence. I bought the box coming home from work, I have three or four witnesses to prove it; I did not know what it contained till I got home, there was no ring and no brooch, I told my Missus not to disturb the things and I put it up behind a model.
He also PLEADED GUILTY to another charge of burglary. — Confined Eighteen Months.
MR. DALEY conducted the Prosecution, and MR. PATER the Defence.
HARRIET HARRIS . I am the wife of Charles Harris, a labourer, of 6, Osborn-place, Goswell-road—about half-past twelve on Sunday morning 8th April I was going down Arthur-street, St. Luke's, with my husband, I dropped a penny and went to pick it up—I had my purse in my hand with 1l. 15s. and two duplicates in it, as I stooped the prisoner Kenny shoved up against me—I asked her who she was shoving against—she said, "You "and made use of bad language, struck me in the face and knocked me down, she then seized my purse from my left hand—I tried to hold her and she bit my hand, Shea then told her to go—I saw him strike my husband in the mouth and saw him lying on the pavement insensible—the man said to the woman, "Take your hook, Nell"—I did not get the puree again, I found 15s. and one duplicate on the pavement close by, the prisoners both got away—Shea struck me several times in the breast and side, Kenny got away before him—he called me very bad names—I lost a sovereign, there was
nobody else near—I helped my husband up and wiped his face, he has a scar on his nose now—I afterwards saw a constable and gave information.
Cross-examined. Q. Where had you come from? A. From my sister's—I had not been drinking at all, I had been nursing my sister—I met my husband outside her door, I did not expect to find him there, it was not by appointment, we were going home when this occurred, we had no drink on the road—my husband was quite sober—the duplicate I lost related to a shirt and two bed gowns—I have made enquiries about it, the things are still in pledge—it was a fine night, it was not darker than it generally is at twelve o'clock—I had not seen the prisoner before to my knowledge.
CHARLES HARRIS . I am a labourer on the Underground railway—between 12 and 1 on the morning of 10th April, I was going home down Arthur-street with my wife—I was struck a violent blow in the face, and knocked down insensible by a man—when I recovered, I found I had lost my watch—I could not tell who struck me.
Cross-examined. Q. Where had you been that night? A. I had worked up till half past 8, and I was waiting for my wife, who was nursing her sister—I had had a glass of something to drink while I was waiting for my wife, but not much—I did not have anything to drink with her—we went to one place, and they would not serve us, because it was too late—they did not say we had had enough—I gave 2l. 10s. for the watch—it was not a very light night,—there was a lamp just before the place.
WILLIAM POWELL (Policeman, G 67). I was on duty in Arthur-street—about 12 or a little after I met the prisoners going towards Golden-lane—they were close together—I shortly afterwards heard of the robbery.
Cross-examined. Q. Did you take them in custody? A. No—I saw the man and woman who were robbed in the Goswell-road, at twenty-five minutes past 12—I directed them to the station—the woman appeared quite sober.
CHARLES CLAY (Policeman, G 268). I took the prisoners on Sunday morning, 9th April, about 11 o'clock—I knew their residence—I had received a description from Mrs. Harris—I found the prisoners in bed—I told them I should take them into custody on suspicion of being the persons who had committed a robbery with violence—I took them to the station—they said they knew nothing about it.
Cross-examined. Q. I suppose you searched the place? A. Yes—I found some money there, but no watch—I found some duplicates, but not relating to this affair.
COURT. Q. You received a description from Mrs. Harris? A. Yes—she said the female prisoner had a black eye, and at the time she was apprehended she had a severe black eye.
SHEA.**— Ten Years' Penal Servitude.
KENNY.— Eight Years' Penal Servitude.
MR. DALEY conducted the Prosecution, and MR. METCALFE the Defence.
EDWARD LONSDALE BECKWITH . I am a distiller in Bartholomew-close—I have two partners, and trade under the firm of Board, Son, and Beckwith—in March last we had two men in our employ named Parry and Harris—. Parry was a carman, and Harris a racker—they used to go out to deliver
goods—on 23d March they had to deliver goods to Mr. Brading of Hoxton—they bad no authority to deliver goods to the prisoner upon that day—the prisoner had been a customer, but we had closed his account the Christmas previous—we bad personally informed him that we had closed his account—since that we have had no dealings whatever with him—on 23d March, Underwood, the officer, brought the prisoner and Parry to my warehouse—I had given Underwood some directions before that—he had a two-gallon bottle with him—it was sealed with our seal, and it contained our gin—Underwood said, "I saw that gin delivered at Capes', and knowing that they had no right to deliver goods there, I requested them to come down here with me"—he said he asked Parry for the permit and the delivery-note, and that he said that the landlord had it, and the landlord denied all knowledge of it—I then said to Capes, "What have you got to say?"—he said, "I knew nothing about it, I thought perhaps they had come for empties."
Cross-examined. Q. Messrs. Richards and Co. went on with the prisoner's account, I think they paid you off, did they not? A. A portion only, the prisoner paid us 300 l. and then went on with them—I heard Capes say on the trial of Parry and Harris, "I did not authorise the prisoners to bring any gin: I did not see it brought in, and knew nothing of it,"or something to that effect (See Vol LXI. p. 538).
CHARLES UNDERWOOD (City-detective). On 23d March I was watching Parry and Harris—I saw them leave Mr. Brading's public-house in Eagle-wharf-road, Hoxton—they had a van and two horses—they drove to the prisoner's house, the Prince of Wales, Hyde-place, which is about a quarter of a mile from Mr. Brading's, and in an opposite direction to the prosecutor's—Parry got out of the van, and went into the house—he came out in a moment, and received a bottle from Harris from the van, and took it into the house—this is the bottle (produced)—it is full of gin—I sent in a lad named Mansfield, who was with me, and followed in myself in about two minutes—Harris had also gone into the public-house then—when I got in I saw Parry talking to Capes, and Harris just behind him—Capes was in the bar, he could see the door through which the gin was taken; it was just in front of him—I asked Parry for the delivery-note and permit for the bottle that I had just seen him bring in—he said, "The landlord has it"—I then asked the prisoner for it, and told him I had seen a bottle brought into his house—he said he knew nothing of it, if there had been a bottle brought in X had better find it—Parry then went towards the passage at the end of the bar, where the bottle was standing, and attempted to take hold of it—I prevented him, and took the bottle back to the front of the bar, and said in the prisoner's hearing, that I knew they had no business to leave the bottle there—the prisoner said he knew nothing of it—I told him he had better go with me to the distillery, and explain the matter there—he went with me and Parry in a cab, and saw Mr. Beckwith—Mr. Beckwith's account of what passed is correct.
Cross-examined. Q. After that he was not charged, was he? A. No, he was at tire police-court as a witness, but was not called—he gave his evidence here—he was opposite the door when I got in—the bar parlour is just at the back of the bar—it is a circular bar—I don't remember that he said he was in the bar parlour when they first came in—I saw some empties there—I could not swear whose they were, I did not notice them.
MR. DALEY. Q. You were examined at the last trial? A. Yes—I heard the Judge direct the prosecution of the prisoner.
ROBERT MANSFIELD . I live at 58, Leman-street, Whitechapel, and am sixteen years old—about half-past 10 on the morning of 23d March, I was with Underwood—I saw a van driven up by Parry and Harris to Mr. Binding's, and afterwards saw them drive to the Prince of Wales—we followed them—Parry got out and went into the house, and returned in about a minute, and received a bottle from Harris, and then they both went in—I followed in, and Parry was just coming from the passage, Harris was standing in front of the bar, and the prisoner was behind the bar; he could see the door, Parry then came to the bar and spoke to the prisoner—I did not hour what was said—Underwood then came in.
Cross-examined. Q. How long was it from the time you first saw Parry go in till the time when Underwood came in? A. About three or four minutes, it might be five—I went in about a minute or two after Parry, not at the same door, the other side of the bar—there was a partition between—when I went in, Gapes was in the bar, coming across from the direction of the bar parlour, and Parry was returning from the passage—I am not a policeman, I am not going to be one—the policeman pays me—he pays me by the job, somewhere about 3s. a day—I don't know how much I had for this—I keep about with him all day—I go with other policemen sometimes that is the only occupation I have at present—I don't know where the money comes from.
MR. DALEY. Q. Whether a man is punished or not, do you take your 3s. a day when the job is over? A. Yes.
THOMAS BROOKS . I am a warehouseman in the employ of Messrs. Board, Son, and Beckwith—it is my duty to check the goods when they are placed in the vans—the permit and delivery-note are put inside, and the quantity and address outside—on 23d March, I sent a pipe of 150 gallons of gin and three bottles? to Mr. Brading, of Eagle-wharf-road—I delivered them to Parry and Harris—the van should not have contained anything else—that was the only order they had that morning—I called over the goods—I have here the delivery-note signed by Mr. Brading.
EDWARD LONSDALE BECKWITH (re-examined). We should not send such a small quantity as two gallons to a London customer, only to a private customer in the country—there were some empties at the prisoner's house at this time that had belonged to us, but he had paid for them, they ware his own.
The Prisoner received a good character.
— NOT GUILTY .
MR. DALEY conducted the Prosecution, and MR. METCALFE the Defence
GEORE BLANCHARD . I live at 3, Orchard-cettages-kingsland-road—I have occasionally assisted the police—on 15th December I accompanied Underwood to Messrs. Board's distillery—I saw a van leave there driven by Parry and Harris, they delivered thirteen gallons of gin in Great Chadwell street, and then they drove to the prisoner's house, the Prince of Wal 3s.—Parry went in with some papers, and showed them to the prisoner, and Parry and Harris then opened the doors of the public-house, and opened, a hole in the public parlour—I saw Parry draw off some gin by means of a syphon from two casks that were in the van—he had a measure in his hand—he took twenty-six measures out of the first cask, and twenty-eight and a part of one out of the other cask—Harris carried it in—I think I saw thirteen measure of rum go in—I won't be certain—I saw two four-gallon bottles in baskets
go in—after they had finished, a female in the bar said to Parry, "I suppose you want to see the governor"—he said, "Yes"—she called the prisoner—I won't swear whether he came out of the bar parlour, or out of the passage—I saw him sign a paper or book, he then took from his pocket a shilling, and then searched in his purse, and put down what I believe to be a half-sovereign—it was gold—I would not swear whether it was a half-sovereign or a sovereign—I believe it was gold—Parry took the shilling, and put it into a; bag, and pushed the other coin to Harris, who put it in his pocket—they remained about two hours in the public-house—Parry had a cigar, and Harris had some gin-and-water—they were talking with Capes—the conversation was about his children coming home for the holidays, and Parry said he should like to send his children down to the same school as Caps' children when they went back again.
Cross-examined. Q. You are not quite sure whether this was gold or silver, are you? A. I believe it was gold—I would almost swear it—I counted the gin more particularly than the rum—I took it down—I tallied it underneath the counter with blue chalk as it came in and made a memorandum afterwards—this is it (produced)—"G. Russell" means Sergeant Russell—he employed me, not Underwood—I was asked for that memorandum at the police-court, but could not find it then—I wrote it when I came out of the public-house—Parry drew the measures off as he would for anybody else—I could not swear that they were full—I went in at the same door that he did—he might have been about four or 6ve feet from me when he brought the gin in—there was nothing between us—Underwood was there outside—I told him when I came out—I get 5s. a day and my expenses—I am not often employed—sometimes I do cooking—I have been a witness four or five times before.
JURY. Q. What part of the counter did you make the marks on? A. Under the counter—I marked them down in fives.
CHARLES UNDERWOOD (City-policeman). I accompanied the last witness on 15th December and saw some gin delivered by Parry and Harris at the Prince of Wales—I was on the opposite side of the way, but I could not be positive as to the number of measures drawn off—I made it fifty-five in all—I also saw some rum delivered in stone jars—I did not go into the bar—I afterwards saw this invoice taken from Capes' file.
EDWARD LONSDALE BECKWITH . We send out measures for the men to deliver the gin in, they hold four gallons—we allow half a gallon in every hundred gallons—Parry and Harris would have been entitled to deliver 20l. gallons on this occasion—I do not know the quantity that went out in the casks that day.
Cross-examined. Q. The casks vary, do they not? A. Yes—this is our invoice, the goods are paid for—we have books by which we can tell what we send out—the Excise keep books—we have a man to fill thec asks with a fifty-gallon measure, but he happened not to fill these two casks on this occasion.
MR. PATER conducted the Prosecution.
GEORGE PARSONS . I am a solicitor of 11 King's Bench-walk, Temple—about four weeks before 11th April, I met the prisoner—he came up to me in St. Martin's-lane, and said, "I hope you are quite well, Mr. Parsons"—I replied, "You have the advantage of me, I have not the pleasure of knowing
you"—he said, "I have met you several times some years back,"and he named several parties whose names I knew—he said, "I can get you plenty of business, where are your offices?"—I gave him my card, saying that I had recently taken offices, and I could not see him in them for a day or two, as they were unfurnished—he said, "I can get you plenty of furniture, I am an agent for Messrs. Atkinson, and get furniture for parties from their warehouse"—I told him what furniture I required, and on Monday, 10th April, I saw it at my office—it consisted of a table, an easy chair, three mahogany chairs, a what-not, a wash-stand, a rug and a carpet—I missed those things on Saturday the 15th.
Prisoner. Q. Did not you ask me if I could get you an advance of 30l.? A. No—I saw you on Easter Monday, after the removal of the furniture, and said, "What have you done with the furniture?"—your reply was, "Oh, it is quite safe"—I asked you what business you had to remove it, and all the reply I could get was, that it was quite safe—I then said I should give you in charge, and you promised faithfully to return it by 11 the following morning, and I allowed you to go—you did not bring it back, and I have not seen the furniture since.
MR. PATER. Q. Did you give the prisoner any authority to remove the property from your office? A. Never—this is Messrs. Atkinson's invoice. George Weight. I am a salesman, in the employ of Messrs. Atkinson, cabinet makers, Westminster-bridge-road—the prisoner called at our shop on 6th, 7th, and 8th of April last—I saw him—he said he wanted to select some furniture—I showed him some, and be selected the things in this invoice—he said they were to be sent to Mr. Parsons', King's-bench-walk, Temple, with the account—the price of the goods was 21l. 1s. 1d.—we look to Mr. Parsons for payment—he is-debited with the amount—the goods are not paid for.
THOMAS ARTHUR BOLT . I am clerk in the chambers occupied by Mr. Parsons, in King's-bench-walk—I saw this furniture brought to his office—it was taken away on Wednesday, April 12th, between 3 and 4, by two men—the prisoner was there—it was taken away in a cart—the prisoner told me that Mr. Parsons was going to keep the carpet and rug, but the other furniture was too dear, and Mr. Parsons had told him to get some cheaper, and then he said, "They take them away quicker than they brought them"—they were taken away quick—he said that he was coming on the Thursday—he left me behind with the rug and carpet—he said he was going to give me something for myself on Thursday—I believed his statement to be true—a person named Rogers was there at the time—I never saw the prisoner afterwards.
WILLIAM ROGERS . I am a second-hand furniture dealer, at 15 and 33, Chalton-terrace, Lambeth—on 12th April, I went to King's-bench-walk—I found the prisoner in a room there—I saw some furniture, which he pointed out—he said he was pressed for money, and he wished to dispose of it—I asked him if it was his own property, and he said "Yes"—I asked whether he had got a bill of sale on them, and he said "No"—I asked him if there was any rent due—ha said, "No"—he said I need not be afraid of buying them; they were all his own, and he had the invoice in his pocket—I believe the invoice was produced, but I did not look at it—I was satisfied then—I did not ask him his name—I gave him 6l. for the furniture, and he gave me this receipt (produced)—he wrote that at my shop; it bears his signature—(Head: "London, 12th April, 1865, Received from Mr. Rogers the sum of 6l. for goods bought. G. Britton, 13/4/65")—I have the furniture
still, except the chairs—I took it away in a cart from King's-bench-walk.
Prisoner. Q. Who sent you to the Temple? A. A neighbour of mine named Dungate—I believe I inquired for the name of Britton at the Temple—I agreed to return the goods if you paid me 7l. in a fortnight, and 30s. for expenses.
OLD COURT.—Thursday, May 11th, 1865.
Before Mr. Baron Bramwell.
MR. SERJEANT TINDAL ATKINSON with MR. POLAND conducted the Prosecution, and MESSRS. SLEIGH and BESLEY the Defence.
THOMAS SMITH . I am clerk in the office of the chief registrar of the Court of Bankruptcy—I produce two affidavits of Josiah Arrowsmith, dated 23d June, 1864; attached to one of them is a copy of a deed marked A, and also a copy of an account—I produce them from the Court of Bankruptcy—the original deed is not there—we gave that back; in the ordinary course it would be taken away after having remained a certain time in the office for registration—I produce an examination of a person named Frost, dated 7th November, also an examination of Josiah Arrow-smith, dated 14th November—all these documents bear the seal of the Court of Bankruptcy.
Cross-examined by MR. SLEIGH. Q. Some deed is spoken about, was that deed registered? A. This is a copy certified by the solicitor—I never saw the original deed—I am in another department—I only produce the papers.
PHILIP HENRY PEPYS, ESQ . I am one of the registrars of the Court of Bankruptcy—these affidavits were sworn before me—this account, containing a list of creditors, is the one referred to in one of the affidavits—it is certified by me—this purports to be a copy of a deed—I have no personal knowledge of it; it bears the seal of the Court.
Cross-examined by MR. BESLEY. Q. Do you know when the seal was put on it? A. No; it is on each sheet—deeds are taken to Quality Court to be registered—the affidavit specially refers to a deed, and I should not have marked it without seeing that there was a deed—I have no recollection in this particular instance of seeing a deed, but I know I should not have sworn an affidavit of that kind without having the deed before me—I look through the affidavits for the purpose of seeing what documents they refer to.
JOHN WHITE . I know the defendant's handwriting—I lived in his service for five years—the signature to this affidavit is his writing; also, the signature to this account, and the signature of "W. Frost" to the examination of 14th November.
Cross-examined by MR. SLEIGH. Q. Do you say that the "W. Frost" is
his writing? A. Yes; I can swear to it—I have not been shown these papers until just now—I was examined at the Police-court, but I did not see these papers there—(Looking at another paper) I cannot say whether the signature of "William Frost" here is the defendant's writing—I cannot swear to it either way—I have known the defendant nine years, and worked for him five—I had no idea that I was coming here for the purpose of giving an opinion in respect of some handwriting which I had never seen before—(The affidavits and account were put in and read, alto the defendant's examination in Bankruptcy; their substance being that Frost was a creditor, to the amount of 650l. 10s. 6d., and that other persons named were also creditors for various amounts, referred to in the evidence).
WILLIAM FROST . I am a carpenter by trade, but I cannot do anything at present—the prisoner is my son-in-law, to my regret—I saw from a paper before me that he owed me 650l. 10s. 6d. in June last, but I know nothing about it—Amos gave me a piece of paper with some figures on it to copy—this is it (produced)—that is what the lawyer or whoever he was, copied; that was what I was to write from—I believe I signed my name to a deed—I put the paper by, but I could not find it when I went first to the Court; I found it afterwards, and gave it to Mr. Morley—when I signed the parchment Amos did not owe me a farthing—I lent him money afterwards altogether 4l. 17s. 6d. I think—I was examined at the Court of Bankruptcy—I don't recollect seeing the prisoner there—I did not sign this statement; mine is a bolder hand than that—this is my signature. (Looking at a paper)—I signed both these sheets.
Cross-examined by MR. SLEIGH. Q. After your daughter married the prisoner, did you not occasionally lend him money? A. No; only during his trial at the Court; not before that, nor him me, a farthing—I don't remember the year in which my daughter married the prisoner; my recollection has got very bad—my wife was present at the time I was shown this paper—Mr. Leek, an attorney's clerk, was not there—it was in the counting-house, where I live, about dinner-time—there was a lawyer there; the one that wrote this—it was an elderly man—I don't know his name—I did not see him at the Bankruptcy Court—I never saw him since I signed this.
CHARLES EDWARD MORLEY . I am solicitor for the creditors' assignee under the prisoner's bankruptcy—he has become bankrupt, but not under this deed—this examination of the prisoner is in my writing—I was present the whole time he was examined—without my day-book, I could hardly under-take to say whether Frost was there on that day, but I believe he was—I was not aware that the prisoner's examination was signed "W. Frost,"instead of" Josiah Arrowsmith,"until a few days after it was done—I saw him sign it at the time, but I did not see what he wrote—I can say that Frost did not sign it—the prisoner was subsequently asked, either by me or by the Court, at my request, how it was that he came to sign this name, and the answer was he thought he was to sign it in that name.
Cross-examined by MR. SLEIGH. Q. The defendant was sued by you, I think, several months before the bankruptcy for a client? A. Yes, for some thing like 70l.—he was not taken in execution, he paid the debt upon proceedings in the Bankruptcy Court on a trader-debtor's summons—he paid it under compulsion, by order of the Commissioner—I can't remember when; I think in November—it might have been October last year—I think be paid the costs 6f the writ, 3l. or 4l., but not the costs of the trader-debtor's summons—they were costs chargeable against my clients in default of the defendant paying—they amounted to about 60l., for the recovery of which
I obtained the process of the Court—the prisoner then petitioned for protection—I believe he was acting under the advice of a great many different solicitors or clerks—I don't know under whose advice he was acting when these affidavits were filed—I knew nothing of him until these proceedings were taken—I am not aware that he was acting under the advice and direction of Leek—I know the person you allude to—I know that Leek was taken to the police-court when criminal proceedings were originally instituted—he came to my office in the first instance—I placed the matter in the hands of Messrs. Humphreys and Morgan—the prisoner has never given us any account of his assets—we have had no information of any kind—the assets I have in hand as solicitor for the assignee is a sum of 115l., handed over by Mr. Prevost, the auctioneer—at the prisoner's request, a sum of 17l. and there is 50l. worth of goods in the hands of Cutten and Davis, seized about a week ago—the debts proved amount to about 120l. or 130l. since the bankruptcy—I do not know that all the other debts nave been satisfied—I only know from the information of Mr. Solomon, the prisoner's solicitor, that they have been either satisfied or compounded for.
MR. POLAND. Q. Were you endeavouring, in the middle of last year, to enforce that debt from your client? A. Yes—I then learnt that this deed of assignment had been registered—in consequence of that, I summoned Frost to the Court of Bankruptcy on 7th November, and had him examined with reference to that deed—it was at ray instance that the defendant was also summoned and examined on 14th November—I am responsible for the whole proceedings in bankruptcy—I discovered that the name over the prisoner's shop in Whitechapel was changed from Arrowsmith to Blackman, and upon that I issued a fifa—I believe it was on 1st February that the prisoner was made a bankrupt, on his own petition—I found out the change of name after I recovered my judgment—the 115l. that I got from Mr. Prevost was from the sale of the property at those premises in Whitechapel—the property now in possession of Cutten and Davis has been discovered within the last week.
JOSEPH PROUDMAN . I am a sadler, in Whitechapel—I have known the prisoner for some time—he was not indebted to me in June last—he came to me with another party, who I supposed to be an attorney, and told me in the course of conversation that he was sued unjustly for a sum of money, and he had drawn up a deed, by which he wished to pay his creditors 2s. 6d. in the pound, and he asked me to sign that deed for a certain amount—I think for 17l. odd—that was mentioned either by the prisoner or by the party who was with him—I objected to sign it because he did not owe me any money; but after some conversation, from his saying it would oblige him, and that he should feel bound, if I thought proper, to pay me the 2s. 6d. in the pound—I thoughtlessly, after some considerable persuasion, signed the deed—I thought it was for 17l., but I understood afterwards that it was 27l.—an attorney afterwards called upon me about it, and I went to the prisoner to ask him the amount, as I bad forgotten it—he said he would ascertain it, but I never saw him afterwards—the other party said in his presence that the deed had been destroyed.
Cross-examined. Q. Was that a person named Leek? A. No, I do not know his name—he appeared to be advising the prisoner; and the prisoner told me if ever I got myself into trouble, he was the man to get me out of it.
he said he wanted me to sell off the things by auction—he showed me an assignment, and said he had made it to one Mr. Frost for the benefit of his creditors—I told him I must have Frost's authority to sell—I went over the stock in the morning—a paper purporting to be an authority from Frost to sell was left, dated 24th June—I got the bills ready—this (produced) is one of them—they were ready on the Saturday, and I was to commence on the Monday morning—the prisoner came on Sunday, and left word that I was not to print the bills till he saw me—the sale was to be on the following Friday—he called on the Monday morning, and said, "Do not print the-bills yet awhile, till I see you again"—he came in the evening with Mr. Leek, and said that Frost, his father-in law, had made a mess of it, and I must stop the sale—the nature of the mess was not explained—he said he had been up to a Court, or something of that sort, and Frost had said that no debt was owing—I stopped the sale, and the bills were never put up.
Cross-examined by MR. SLEIGH. Q. This Mr. Leek was the lawyer, was be not? A. I suppose so; he talked a good deal—he was a stout man—I never saw him before or since—I could not say exactly which spoke about the mess, but they said they had made a complete mess of it.
COURT. Q. Did you learn from either of them how the mess had been made; was it by making a mistake, or by letting the cat out of the bag? A. I should say by letting the cat out of the bag—I could not say.
GEORGE RUSSELL . I am a detective officer—I have endeavoured to find Mr. John Wilson, of Sanford-road South, stated to be one of the assented creditors to the amount of 156l. 6s. 5d.—I cannot find Sanford-road at all—I have made diligent inquiries—I have also made inquiries for James Marque, of 16, Stonecutter-street, E.C.—I could find no such person; and I have endeavoured to find A. Smith, of East-road, Hoxton, but could find no such person (The amount for which Marque was stated to be a creditor was 54l. 18s. 6d., and Smith 18l. 5s. 9d.).
EDWARD MERRY . I am assistant to the messenger to the Court of Bankruptcy—I produce the proceedings in bankruptcy of Josiah Arrowsmith—the petition is dated February 1st, by the bankrupt himself and the adjudication the same day—there is a list of creditors, and a preliminary statement.
JOHN L LOYD . I am clerk to Messrs. Humphreys and Morgan—I served upon the defendant on the 12th April, at this Court, a notice to produce a deed dated 20th June, 1864. (It was not produced, and the copy was taken as read).
GUILTY .— Confined Two Years.
MR. BARNARD conducted the Prosecution, and MR. MOIR the Defence.
MARY JANE CORDUROY . I am the prisoner's wife, and live in Sawyer's-place, Chiswell-street—on Saturday night, the 15th April, I was in the parlour—my husband came in and asked if I was going to bed—I said, "Yes, in a few minutes, as soon as my little boy comes back, and I have had some supper"—I was in the act of turning a shirt that was at the fire, when he told me to look—I turned, and he presented a pistol to me, and fired it—what was in it I do not know—there was only powder in my face—I Fell down and was stunned for some minutes; I then recovered and got outside—I fell into the arms of a constable—I was taken to the hospital—my husband was not sober—he had been drinking very much all day, and I think he did not know what he was doing—he was not two yards from me—
he was at the door, and I was at the fire-place—nothing had occurred between us to provoke it—we were on very good terms—he is a good husband—I have six children—I beg to recommend him to mercy.
Cross-examined. Q. Was he very tipsy? A. Yes; he was not capable of doing work all day from drink—I had never seen the pistol before.
COURT. Q. Were you hurt? A. I do not feel any effects from it now—I was hurt at the time—there was no wound—he fired it at my forehead—I held the chair up when I saw the pistol—we had not had any words—he had been in and out the house all day—he was sitting by the fire smoking his pipe—I did not know that he had the pistol.
WILLIAM POLE (Policeman, G 67). On the night of 15th April, I met the prosecutor in Church-court crying that she was shot—I went to the house and found the prisoner sitting in a chair, with his feet on another chair—I said, "Well, governor, where is the pistol you have been using"—he said he had not used a pistol—he then said the old pistol he had got was in a box in the other room—I went and found an old pistol there, which had not been used—I said, "Look here governor, it is no use telling me this, you have not used this, you have been using one"—he said it was only ft bone he had used; he had not done any harm—there was a frightful smell of sulphur and powder in the room—I took the prisoner to the station, and returned to search the place—I found this box containing six caps—the constable in my absence had found the stock of the pistol.
Cross-examined. Q. Did you find the prisoner very drunk? A. He had been drinking heavily, but appeared to be getting the better of it—I looked at the chair; there were marks on it, but I cannot say whether they were marks of shot or what they were.
SAMUEL BROWN (Policeman, G 119). I was in Sawyer-place, and was called to go to the prisoner's house—I found, in the water-closet, part of a pistol, which I produce—the barrel had been screwed off it—it had been let off recently; the powder on the nipple was quite fresh.
CHARLES DURANT PEERLESS . I am house-surgeon at St. Bartholomew's Hospital—the prosecutrix came there on 15th March; she was scalded about the forehead and eyelids, and there was a considerable quantity of powder underneath the skin—the eyes were not touched, only the lids—I attended her for about a fortnight—she is perfectly well now, but she will probably have the marks all her life.
Cross-examined. Q. I believe you could not find the trace of anything but gunpowder? A. Nothing at all; no shot or wadding.
NOT GUILTY .
The evidence given in the last case was read over.
GUILTY of a common assault. — Confined One Year.
MR. BARNARD conducted the Prosecution.
MR. CATHERINE. On Saturday night last, I was out with my husband—Dickenson came up to me, and asked me if I was going to treat her—I said I was not, and she struck me a very violent blow in the face, and the other prisoner then struck me, and two more not in custody—Williams struck me several times, while Dickenson was trying to get a bundle from
me; all four of the women fell on me, and the prisoner got the bundle—my husband came up at the time, and took the bundle from her and prevented me from being hurt—he was a little way behind me; he had occasion to leave me for a moment—he is a labourer—we lire in Paul's-alley, Jacob's-well, Barbican—this happened in Holborn, about half-past 12 at night—it was dark—a policeman came up, and I gave Dickenson into custody—the other one went away, but when I got to the station she assaulted me again, and I gave her into custody for helping the other—I have never seen them before to my knowledge.
Dickenson. She insulted us first; I know her to have been convicted in 1851, at the Middlesex Sessions, and I called her by the name she was convicted in; she never had the bundle in her possession; she hit me, and gave me a black eye.
COURT. Q. Were you convicted in 1851? A. Not in 1851; I have been convicted, but for three years I have got an honest living—my name was Catherine French—I had nothing but the bundle in my hand.
Williams. I have known her for years; I know her to be a prostitute, and convicted several times; I have been in prison with her.
PHILIP HUNT . I am the husband of the last witness—I was a short distance behind her on this night, when this occurred—I was carrying a small dog under my arm—I saw Dickenson trying to take a bundle from my wife—I caught hold of it, and held it tight till the constable came up—the prisoners both struck my. missus, and insulted her—I took the bundle from Dickenson—she and my missus both had hold of it—I got it away—I did not know the prisoners before—my wife had the bundle wad I had the dog.
THOMAS ADAMSON (Policeman, E 129). I was on duty in Holborn, about this time, and heard a cry of "Police!"—I went to the spot, and saw the prosecutrix and Dickenson close together—I could not see whether Dickenson had hold of the bundle or not; the husband was pulling it away at the time—I took the prisoner into custody—there were two or three move women there—I did not see them interfering—I did not take Williams at the time; the prosecutrix pointed her out afterwards.
COURT. Q. What was the charge the prosecutrix made? A. An assault and attempting to steal a bundle—this was opposite Day and Martin's—there are a great many of those sort of people about there—Dickenson had a black eye, but I saw her previous to this disturbance up in Holborn, at 10 o'clock, with the other prisoner, and her eye was black then.
Dickenson's Defence. I am quite innocent of stealing the bundle; I am quite innocent of the assault.
Williams's Defence. I am innocent of it; I stood by, but I never said a word to the woman.
MR. COLLINS conducted the Prosecution, and MR. GOUGH defended Lewer.
MARIA HEWITT . I live at 37, Vere-street, Clare-market—on 7th May, about I in the morning, I was in Bedford-street, Strand—I saw the prisoners and two or three more; the soldier (Andrews) tustled with me while the
other one picked my pocket of 4s. 1d.—Andrews said they had been looking for me two or three nights—I had never seen them before—they ran through a court leading into the Strand—I followed calling "Stop thief!"—they stopped at the end of the court, and I gave them in charge—I know I had my money safe two or three minutes before I saw the prisoners, because I put it in my pocket—the two or three other persons took no part in it; they were on the other side of the road—I saw the prisoners' faces, and am quite sure of them.
Cross-examined. Q. Are you on the town? A. Yes—it was not very light at this time—I followed close behind them when they ran away—I did not lose sight of them at all—there was no crowd where I gave them in charge; there were one or two standing there—I did not bee a cabman; I saw a cab standing, and two or three people round it—it was very close to the cab where I gave them in charge—I was carrying my money in my hand, in my purse, before I met the prisoners—I generally do so—I put it in my pocket, because I saw the soldier approaching—I was going towards home; they were going the other way—they were walking close together—Andrews pulled hold of my right arm, and was pushing me about very roughly—he did not take any liberties with me—the other prisoner was behind me, and I caught his hand in my pocket—I said, "You have taken my purse," and as soon as I said that they both ran away.
DAVID BURT . I was a waiter at the Tavistock Hotel, Covent-garden—on this Sunday morning, shortly after 1, I was coming off duty down Bedford-street, going home, and saw the two prisoners and the prosecutrix having a struggle at the corner of Bedford-street—Andrews appeared to have tight hold of her arm, whilst the other got between them and was picking her pocket—I was about three yards from them—they then round the corner, and the prosecutrix after them, down a court into the Strand—I went straight down Bedford-street and met them at the corner of the court, in the Strand, and told a constable—the prosecutrix came up calling "Police" or "Thief!"—I am quite sure the prisoners are the two men.
Cross-examined. Q. Had you ever seen them before? A. Never—I noticed both of them—I saw their faces just as I see them now—there was a third person, with a small round hat on, with them; he disappeared—I did not see any other persons there—I lost sight of them for about a minute, when they went down the court—I did not notice any cab or cabman standing in the Strand—there were some persons talking to a policeman—I should say fourteen or fifteen—I did not see the prisoners come out of the court; they were there when I got into the Strand—I saw nothing taken out of the woman's pocket—she called out something as they ran away.
JOSIAH HAUCHETT (Policeman, F 93). I was on duty in the Strand on the morning of 7th May, between Bedford-street and the Adelphi theatre—I was holding a conversation with a cabman, a few yards from Exchange court, which runs from Maiden-lane into the Strand, when I heard cries of "Police!"—I went to the end of the court and saw Lewer come down the court—he went and stood against a post, directly afterwards Andrews came down and the prosecutrix—she directly went up to Lewer and said, "That is the man that has been robbing me of my purse and 4s. 1d., along with the soldier"—they said it was not them—I took them both into custody—I saw Charles Ward there; he was leaning against some shutters, drunk—he was two or three yards from the corner of the court.
Cross-examined. Q. Did you see the cab come up? A. I did, and three gentlemen were going to get into it, but they declined going in, and went
away—my face was towards the court, while I was holding the conversation with the cabman—I had not seen Lewer previously—I found on him 4d., a duplicate, and a pass, from the militia, belonging to Richmond in Surrey—Andrews belongs to the Third Middlesex—the prosecutrix charged them immediately she came up—the place where Lewer was standing might be eight or ten yards from the cab—Ward was nearer the cab than Lewer—I did not see the cabman speaking to them—I must have seen if any one had got off the cab when it came up—I am sure neither of the prisoners got off.
Witnesses for the Defence.
HENRY LEWER . I am the prisoner's brother, and live at 39, New-street, Kensington—I am a horse-keeper, in the service of Mr. King—on Saturday, 6th May, my brother came to tea with me and stayed till half-past 12 at night; we went from my house in the forepart of the evening to the eagle with some of my fellow-servants—I left my brother against the Anchor and Hope in Park-street—he went away from me by himself.
Cross-examined. Q. Where does he live? A. In Mille's-lane, Vauxhall; when he left me he went towards the Westminster-road—I went home—we, passed my eldest brother as we went along, going to take his cab home—I did not see him get into a cab; I was told so, but I did not see him—he was a cab driver, and is in the militia; I was out on pass that day.
COURT. Q. Do you know Andrews at all? A. No, I never saw him.
CHARLES WARD . I am a cab-driver of 13, Eokett-street, York-road; Lambeth—on this Saturday morning, about half-past 12, 1 met Lewer in the Westminster road, at the side of a cab-rank; we had a little drop to drink; I had a little more than he—a voting friend of mine come by with his cab and said, "Will you have a ride, I am only going home," he jumped up on the spring behind, and going along he took up a fare—we set the fare down in the Strand, just before you get to the Adelphi theatre, I got down to the fare—my friend, a woman, come running along crying out, Police, stop him"—I was then leaning against some shutters, and Lewer was standing by the side of a lamp-post, and she gave him in charge—I did not tell the policeman he had just got down from the cab, I had had too much to drink, and hardly knew what I was about.
Cross-examined. Q. Was the cabman drunk or sober? A. Sober, I believe—I did not know that he told the policeman that we had just got down from the cab, nobody said anything about it in' my bearing—he was taken as soon as he got down; he did not run down any court—I never saw Andrews in my life; I went before the magistrate on the Monday, and gave evidence.
THOMAS CARTER . I am a cabman, and live at 20, regent's-street, Lambeth Walk—on this Sunday morning, about half-past 12, I was coming along with my cab; I saw the last witness and Lewer, they got up on my cab to ride home with me; I picked up a fare, and we all rode together to the Strand—they there got down, and I let my fare out and Lewer stayed against a post—a constable came up and spoke to me about my badge being broken, and while I was talking to him the prosecutrix came along crying out, "Police," and she accused Lewer of picking her pocket—I am quite sure that he did not leave the spot, I kept my eye on him all the time.
Cross-examined. Q. Were you in liquor? A. No, quite sober—I am quite certain Lewer did not leave me a moment—I did not speak to the policeman at the moment for I was so surprised at the occurrence—I went up to a police-court.
NOT GUILTY .
Lewer received a qood character.
MR. HARRIS conducted the Prosecution, and MR. SHARPE the Defence.
WALTER HOLMES . I am a potman at the Old King's Head, 282, euston-road; Mr. Rhodes is the master—about a quarter-past 5 on the morning of 20th April I was in bed, the prisoner came to my window and opened it; when he saw me lying in bed he made his escape as soon as be could, I saw his face distinctly—he ran across the leads, and jumped over some pales and I heard a loud crash of glass; I did not see him any more.
Cross-examined. Q. Were you asleep when you heard something at the window? A. Yes, that woke me up, and I saw the prisoner looking in—I had seen him before, and spoken to him in the yard belonging to the public-house—he did not remain at the window a moment.
WILLIAM MAYBANK (Policeman, S 270). On the morning of 20th April, about a quarter-past 5, I was on duty in the Hampstead-road—from information I received I went to the Grafton-yard, and saw the prisoner there endeavouring to make his escape from the premises of Mr. Ells, a ladde-maker—he saw me; I got up on to the ladders and on the leads, and pursued him across the leads past Mr. Young's and past the King's Head—he there turned round and got over a low fence, and I there lost sight of him—I went back to the low fence and found this coat, ten collars, two boxes and a halfpenny lying on the leads by the side of Mr. Young's window in the route the prisoner had taken—I found Mr. Young's window open, and also the window of the King's Head—I took the prisoner into custody about a quarter-past 10 the same morning; I told him the charge—he said, "I know nothing about it"—on the way to the police-court be said, "It is got up for me, they are trying to put me away, but I will put some of them away."
Cross-examined. Q. Did you ever remember that expression before to-day? A. I never mentioned it at the police-court—I have known the prisoner seven or eight years; he has never been in custody before that I am aware of—these leads are on shops projecting beyond the backs of the houses—when I first saw the prisoner he was about twenty yards from me, endeavouring to come down—I got closer to him—the leads are fifteen or twenty feet high, they are level with the first floor windows.
HENRY BENDALL . I live at 280, Euston-road, and am a clothier's assistant—about ten minutes past 5, on the morning of 20th April, I was lying awake, and heard a loud crash of glass, on looking up I saw the sky-light broken—I looked across the leads to another sky-light and saw the prisoner making over a wall between some ladders—I heard the witness Holmes call out, "There is somebody going across the leads"—I got up and met the constable, and went with him, and just saw a head and hat disappearing across the wall—I afterwards saw the prisoner at the station and picked him out from seven or eight—he is the man.
Cross-examined. Q. Were the others dressed in a totally different manner? A. Yes, the policeman told me that a party had been apprehended who was on the leads; he did not point the prisoner out to me; they were standing in a circle—I turned him round to have a good look at his side face, that I should not be mistaken, but I was certain of him at first.
GUILTY .— Confined Six Months.
NEW COURT.—Thursday, May 11th, 1865.
Before Mr. Recorder,
MR. GRANTUAM conducted the Prosecution, and MR. PATER defended.
WILLIAM HOWARD DALTON . I am a watch-maker, of Dudley, in Warwick—on 7th March my shop was broken open and robbed—I identify some of these watch-cases and movements (produced)—this watch number 136,841 was originally 13,684, the figure "I" has been added since—I have no doubt of its being mine, and one of those I lost; here is another, 452,571, the original number of this was 15,257; the first "I" has been altered to a "4" and "" has been added—here are others which I identify in the same way; this one, 490861I was originally 49, 086, the two "1's" have been added since—here are six or seven altogether which I identify, and in which the names of supposed makers have been inserted, but in this one here is the name of an original maker in Coventry, under the dial, who manufactures for me—they have also been re-gilt—I never knew a watchmaker to alter the number—this paper (produced) was found with the watches—I do not identify it, but I identify the numbers, it is not in my writing.
Cross-examined. Q. Do the numbers on that paper correspond with the numbers which you have in your pocket-book? A. Yes—I swear to these seven cases and movements.
THOMAS EVANS (Policeman, G 22). On 22d March, about 3 o'clock in the afternoon, I saw the prisoner running very fast in Spencer-street, coming from Northampton-square—I followed him to a pawnbroker's shop in Goswell-road—I went in and asked him what he had got; he said, "Nothing"—I said to the pawnbroker, "What is this man pawning here"—he handed me this silver watch, which is one of those which the prosecutor identified—I took him in custody, and found two cases on him—he said he lived at 15, Gibraltar-row, St. George's-road, Southwark—I said, "Well, I am going to search your address, have you anything that does not belong to you"—he said, "No, all that is there belongs to me"—I went there and found seven watch movements and three watch-cases, which the prosecutor identifies—I also found three or four watch movements, and one metal watch, which are not identified—I went back and asked the prisoner if he could account for them; he picked out four watch movements, not four of these, and said, "I had them from a man in the New Cut, and also one metal watch"—I said, "Here are a quantity of movements and cases, who did you get them of"—he said, "Of a man named Bacon"—I asked him where he lived—he said he did not know—he did not tell me the name of the man in the New Cut—I said, "Cannot you give me any particulars"—he said, "No, all I know is I met him in a public-house in the London-road"—I said "There is a quantity more movements than there are cases, can you account for that;" he made no answer—I afterwards went to 5, Little Northampton-street, Clerkenwell, where Hicks lives, who gave me four watch-oases—I also searched the prisoner's room, and found this piece of paper with six out of seven of the original numbers of the watches on it—I then went to a gilder in Queen-street, who gave me the plates of seven watches with names and numbers of them, which had been fresh gilded; they were the names of different makers in London.
Cross-examined. Q. Was it from what he told you that you went to the engravers and the gilders? A. No, the gilder is here—the four watch movements and the metal watch, which he said he had from a man in the New Cut, were identified at the police-court by a man from the New Cut—I understood the prisoner's English very well; after I brought the things from his house I do not remember his saying, "These are all the things I have got, and all that are there belong to me"—I found the address he gave correct—here are three or four movements here which are not identified by any one; four movements and a metal watch were identified at the police-court by the prisoner's customers.
HARRY SHORT (Policeman, G 77). Cross-examined. Q. Did the prisoner give you the information to go to the engraver? A. I watched him there, and when I asked him if he had left anything at little Northampton-street he said, "Yes, it is no use my denying it, I left some cases there, and you will find them"—that is Mr. Hicks, the engraver's, who altered the numbers—he also said that the gilder lived in King-street; I found some of the plates there—I saw Hicks on Tuesday lying in bed in Clerkenwell work-house; he could not move head or foot; he was obliged to be fed, and could not even raise his hands—I was present when his deposition was taken before the Magistrate, and saw him sign it; this is his signature. (Read): GEORGE JOSEPH HICKS on oath says, "I live at No. 5, Little Northampton-street, Clerkenwell—I am an engraver of watches, I know the seven watch cases and seven watch movements produced, the prisoner brought them to me towards the latter end of March last, and he asked me to put names on them and alter the numbers—I put names on all and added the figure "1" to each number, and in one case I altered "" into "4"—the numbers are generally stamped on the cases and plates—I did not think it was suspicious in the prisoner asking me to add names and alter numbers."
Cross-examined. Q. Had he done so for some time? A. For three or four months—I have known him for several years as a jobbing working jeweller.
Cross-examined. Q. I suppose there was nothing unusual in that? A. Certainly not, it is done every minute in the day—the numbers were the same when they were brought to me as they are now.
GUILTY .**†— Five Years'Penal Servitude.
MR. COOPER conducted the Prosecution, and the evidence was interpreted to the prisoner.
VARLOUR ROSENOFF . I Live at 11, Adam and Eve-court, Oxford-street and am a valet—about the middle of June I was seeking a situation and was introduced to the prisoner, he asked me if I could go to St. Petersburg to take his master's, the Count de Medoc's money, 12,000 roubles, and asked me to come and see his master at Brompton-square—I did so and the Count spoke Russian to me in the prisoner's presence, and showed me a document, I read it all and said, "The document is right enough"—he said, "I will give you an answer to morrow by my courier," pointing to the prisoner, and
they both said that I had better leave my place as soon as I could—the prisoner came to my place next day and asked me how much I wanted for the job, I said that I did not know, he said "The banker, Mr. Spielman, was to take 500 for the job, but 1 suppose if you have half that it will be enough," said, "Oh, yes"—the same day the Count came to me at New Bond-street, and asked me if I could lend him 25l.—I said that I could not but I gave him 10., the prisoner was not present—next day I saw the Count at St. James's hotel, and he asked me to leave my place and go to him next day at St. James's hotel and I did so—the prisoner was there with him—the Count said, "I am not ready yet, but I will try and prepare all my papers for you to go to Russia"—next day he asked me for more money and I think I gave him 4l. and 6l. in the prisoner's presence, who said, "It is quite right, you are very lucky that my master trusts you for 12,000, he is a regular gentleman and he will pay you everything," he told me that three or four times—after that the Count asked me for 14l., I said I cannot give it to you—the prisoner swore at me, and said, "How is it that you do not believe my master when he shows you the document which is right enough"—I lent him altogether about 45l.—I asked the prisoner for it three or four times and he said, "It is quite safe enough, do not you trouble yourself at all."
Prisoner. Q. Was I introduced to you by a M. Dennison? A. Yes, he called himself Count Demidoff—he did not bring you to me—you spoke of your master as M. Foking, not as Count de Medoc—I went to a Casino with Foking and drank champagne there, he asked me to treat him—I did not give you 5l. to pay the landlady, nor did I see the receipt—you asked me for 1l. to send to your wife in France and I lent it to you on the security of a ticket of your watch which M. Foking gave me—M. Foking said that he would pay me my 30l. and send me off next morning—I swear I did not take the watch out of pawn nor did I pawn it for 5l., it was in for 6l.—Foking said to you that he might give me 12l. for it but he never did—I tried to sell it, I have the ticket now.
ANN HUTCHINSON . I let apartments at 22, Brompton-square—about the end of January the prisoner came there with a person calling himself Foking, they stayed about twelve weeks—the prisoner told me that Foking rode with the Emperor in Russia, and that his wife was Countess Demidoff in her own right—they were recommended to me by a respectable tradesman and came as master and servant, but they did not appear so at all, they lived together, ate together, went out together, and came home together, and if they were out all night they were out together, and they lived very disreputable lives—the prisoner said that his master was very rich and had plenty of money, and Mr. Spielman was his banker in England—I was not paid my rent or anything else.
Prisoner. Q. Did not I tell your brother that my master was an officer in Russia? A. A Russian officer and the first man in the Court.
WILLIAM GORDON (Policeman, C 33). I took the prisoner on 2d April in Burton-street, Pimlico, I had been looking for him some time—I had a warrant for him and Foking as well, he understood English very well—I told him the charge was obtaining several sums of money from Rosenoff—he shook his shoulders, and said something about Count Demidoff, and commenced to swear in English.
Prisoner. Q. Did not somebody interpret the charge to me? A. No; four Frenchmen and one lady were present—there was not a police-officer there who spoke German and French, but at the station there was—it was
the landlord of No. 34, in the opposite street who was with me, as I did not like to go into your house alone—I took your pocket-book from you—I do not know whether there was a 1,000 franc-note in it; the papers are all in it now, I can't read them, they are in French; and here is a French duplicate (One of these was a receipt for 1,000 francs, signed "Soria Foking").
Prisoner's Defence. I came from Paris with M. Foking and his children, and governess and lady's-maid, he owed me a thousand francs for a year's service and gave me this bill instead, he sent away his family and came to London with me. He made the acquaintance of M. Dennison, a chemist, who advanced him money, M. Dennison said that he knew a Russian valet who had about 300l. of his own who would, no doubt, advance some money to another Russian. My master said that if he was a respectable man he would send him to Russia with some documents to deposit at the bankers there. M. Dennison took me to Rosenoff, who afterwards saw Foking, they spoke Russian together, but there was no mention of Demidof—I have three witnesses to prove that Rosenoff has said that Dennison was the cause of his lending the money to the Count. I was only paid 18 francs altogether, and had to pawn ray clothes to send money to my children; Foking has gone away leaving me entirely destitute—he owes me 1,600 francs.
GUILTY .— Confined Twelve Months.
GUILTY. Recommended to mercy by the Jury, believing him to be touched with imbecility, though not actually of unsound mind. Confined Nine Months.
THIRD COURT.—Thursday, May 11th, 1865.
Before Mr. Common Serjeant.
558. SAMUEL JOHN PHILLIPS (46), and JOHN GREEN (35) , Stealing on 28th May, 113 loaves of sugar and 3,343 lbs. of sugar, and on 28th June, 112 loaves and 2,310 lbs. of sugar of Robert Holdsworth Carew Hunt and others, their masters, and WILLIAM IVERMEE (40) , feloniously receiving the same, knowing it to have been stolen.
MESSRS. GIFFARD and POLAND conducted the Prosecution, MR. COLLINS defended Green, MR. DALEY defended Phillips, and MESSRS. DIGBY, SEYMOUR and KEMP defended Ivermee.
HENRY JOSEPH EVANS . I live at 14, Lamb's-gardens and was a carman's driver—about 1863 I was carman to Mr. John Coles a carman, of 22, John-street, Crutched-friars—I was about two years in his service—I don't remember exactly when I left—it was part of my duty to deliver goods, I have occasionally delivered sugars at Ivermee's; he keeps a grocer's shop in the Caledonian-road, Islington—they were loaves of sugar, I brought them from Brewere'-quay—I saw Phillips there when I went, and told him I wanted some loaves for Mr. Ivermee, he said, "We will attend on you directly"—he sent me upstairs and I gave the order into a little window, at least I went up to a little window where they give the orders in, I had no order, I received a cart-note with the loaves, they always send the cart-note down with the loaves, from Brewers'-quay I went to Mr. Cole's office and he wrote me out one of our cart-notes to take with me to Mr. Ivermee's, it was a similar one to this—I can't read it myself, I can't remember the quantity
I took, it was a good lot, somewhere about 20 cwt. I think—the cart-note was a little square piece of paper and I think it had some printed letters upon it—Ivermee signed the one my master gave me, and gave it me back—I then took it back to my master's, we have to give them all in at night—I can't say that I saw Green when I went to Brewers'-quay.
Cross-examined by MR. DALEY. Q. Are you in any employment now? A. Not at present—I can't say the date I went to Brewers'-quay, or the day of the week, it was such a while ago, it was a fine day, I recollect that, it was between eleven and twelve—I asked for Phillips at the warehouse and some labouring men directed me the way to go, I told him the order was lodged—I did not think there was anything wrong—I was first spoken to about this about a month ago—I could not remember about taking the sugar then, I remember it now.
Cross-examined by MR. SEYMOUR. Q. Can you swear to the year that this matter occurred? A. I think it was about,1864, I can't swear to the year, I can't swear whether it was 1863 or 1864—I saw a good many men at the warehouse, there were several young men sitting at the window—I went in and signed for the sugar; I can write my own name and that is all—I got what they call a delivery-note from Brewers'-quay, you can call it a cart-note if you like—the cart-note I took to Mr. Ivermee I got from Mr. Coles, I got the square paper from Brewers'-quay, one of the labouring men gave it me out at the loophole.
MR. GIFFARD. Q. Did you take that also to Mr. Ivermee's? A. Yes, I took them both, he keeps the one from Brewers'-quay—it is something like this one (produced), I left it whatever it was with Mr. Ivermee.
COURT. Q. Did you sign any book? Q. Yes, I signed where they tear the paper off.
Cross-examined by MR. SEYMOUR. Q. He was in custody at the time I believe? A. Yes; I heard that the police had been to his place and got a number of papers.
JAMES REEVE . I am a carman's driver—last year I was in the service of Mr. John Coles—I remember taking some sugar from Brewers'-quay to Ivermee's—as near as I can recollect it was about last May—as near as I can recollect I got about 10 or 20 cwt.—I saw a man of the name of Green at Brewers'-quay—I believe the prisoner Green is the man—I had no written order—when I got the last loaf the cart-note was attached to it, underneath the string—it was exactly like this—I took it back to Mr. Coles and he gave me one of his own cart-notes—I took the cart-note that was on the sugar, with the goods, to Ivermee—I cannot recollect whether he signed it or Mrs. Ivermee—I can read—to the best of my recollection this is the note—I left the one I got from Brewers'-quay at Mr. Ivermee's and the other one I took back to Cole.
Cross-examined by MR. COLLINS. Q. When did you leave Mr. Coles? A. About two months before last Christmas, about October—I had a few words with him—I gave him warning to go—he could not pay my wages regularly—I had been working for him rather better than a twelvemonth—I believe it was in the middle of the day that I went to Brewers'-quay—I cannot tell you how many men I saw there, there were men running about all over the warehouse—the sugar was delivered in Thames-street out of the loophole which is the usual place—I had been there before—there are three or four entrances to Brewers'-qnay—when I went down I saw Mr. Green at
the loophole—he asked me what I wanted, I told him I wanted some goods for Mr. Ivermee, he said, "All right, here they are ready on the scales, pull under and I will load you"—the sugar was in loavos or tittlers—I cannot recollect the day of the week, it was about May—I was spoken to by the officer about this about three weeks ago I think—I did not remember all this directly, the policeman asked me if I ever went to Mr. Ivermee's and I said "Yes"—I recollected all I have told you to-day—Mr. Coles had about seven or eight carmen at that time he was in a large way of business—I generally have one cart a day and sometimes a van—I went to different places—I cannot remember where I went the day after or the day before.
Cross-examined by MR. SEYMOUR. Q. Will you swear that you did not take a written order on the day you say you went to get sugar? A. I can swear on one day that I did not take an order, but on this day I noticed the sugar was loaded so quickly—I went two or throe times to Brewers'-quay and two or three times to Mr. Ivermee's—I remember on one occasion I did not take any order; 1 cannot say what day in the month it was—I did not sign a book that I recollect, after my cart was loaded—I can almost swear I did not, but I am not certain.
COURT. Q. Do you mean that you did not sign any book on any occasion? A. I can almost swear that I did not sign any book at all on any occasion.
WILLIAM COLES . I have got the book in which I make entries for my father sometimes, I wrote that entry, "112 loaves from Brewers'-quay, 1 ton 2 qr. 14 lb., to Mr. Ivermee, Evans, "Evans is the carman—the date is 28th June, 1864—the writing on this paper is George Williams'—this is what they write in the book at the time they give these notes to the carman—we take the carman's name as well as where they are going to.
Cross-examined by MR. SEYMOUR. Q. Can you always tell by that book where the particular goods are gone? A. Yes, that is the usual course—we can tell who get the goods.
MR. GIFFARD. Q. That is to enable your father to make his charge for the delivery? A. Yes.
JOHN COLES . I am a licensed carman at 22, John-street, Minories—I remember Evans and Rogers being in my service—I have known Ivermee from ten to twelve years—one of these signatures, "Wm. Ivermee,"is in his writing, I should say, but the other one I cannot speak to—the top one is Mr. Ivermee's writing (Read: "Received by John Coles, licensed carman, 113 loaves, 20 cwt. 3 qrs. 19 lbs. B Quay. Wm. Ivermee. 28/5/64")—when one of my carmen brings a cart-note with the goods I copy it off on to one of my own cart-notes, I send the original on the goods—they are the vouchers, and they are signed and brought back to me—this other entry in May, 1864, is in the writing of a person named White, who was in my service—(Read: "Receipt for 112 loaves, 21 cwt 1 qr. 14 lbs. B Quay, to Ivermee, signed Ivermee. 28/6/64").
Cross-examined by MR. SEYMOUR. Q. Did you send your carman in the ordinary course of business in these matters? A. Yes; there was nothing different from the ordinary transactions I have had for years—the orders from Ivermee have come by post to send to Brewere'-quay for a load lying there in his name, and I have sent part of it down there by my roan—I did not give him any special instructions; he had instructions if there was
nobody in the office, to go up on the floor and inquire if the order was lodged.
COURT. Q. You say an order; was it a letter requesting you to send? A. Yes; on one side of the letter was written "Messrs. Barber & Co., please deliver the loaves of sugar, lying in my name. "W. Ivermee," and then the other leaf, folded up, was addressed to me, "John-street, Crutched-friars."
MR. SEYMOUR. Q. Did you ever send a man without receiving such an order. A. No; there was nothing in these transactions to lead me to suspect that there was anything wrong; it was done in the usual way of business as far as I saw—Mr. Iverniee's conduct was always honest and straight-forward.
MR. GIFFARD. Q. Is it the ordinary course of business to send a private note to the carman? A. I have never sent a private note yet—the outside leaf was directed to me, and 1 tore that off and sent the other part, which was directed to Messrs. Barbar and Co., Brewers'-quay.
GEORGE WILLIAMS (re-called). I never had a note from Mr. Ivermee: I have from Mr. Coles—I took it down to the sugar-floor at Brewers'-quay; it was something like a note; I can't exactly say what it was, it is a long while ago—it was a folded note, like an envelope—I was to take it to Phillips; I took it to Phillips—I can't say that I gave it into his hands; I saw two or three there—I believe it was him I gave it to—my master told me to take it to Phillips.
Cross-examined by MR. DALEY. Q. You think you gave it to Phillips? A. Yes—I can't swear it.
Cross-examined by MR. SEYMOUR. Q. Can you say whether at any time you may have folded the notes together? A. I might have done so.
COURT. Q. If these things were sent, might it fairly be expressed as doubled up like a note? A. Yes; he might double it up—it was not in an envelope—he was to take the note to Brewer's-quay, and ask for the loaves—I knew there was a warehouse called "Phillips' warehouse"—I never gave any special direction to the man to give the note to Phillips—I told him to take it to Brewers'-quay; that was the only order that I am aware of—the merchant's order might be lodged with three or four different carmen; there are sometimes three or four writings off, and they will not deliver the goods without you go with a copy of the order, the ship's name, and so on—if there were orders for 20 hogsheads of sugar, it might be for twenty different people to fetch it away; it would be in the name of a merchant, but it might be sold to twenty different customers—when I say the order was lodged, I mean by the man that Ivermee bought the sugar of.
MR. GIFFARD. Q. And then, according to the practice, he would have to endorse it? A. He would have to endorse his own order, not the merchant's order—the goods would not be sent till he signed another order—they would not allow him to endorse the original, unless he bought the whole consignment.
EDWARD SAYRE . (The former evidence of this witness was read over to him, to which he assented). There is no trace either in the books or in the orders filed, of any order to deliver on 28th May, 1864, to Mr. Ivermee, by Coles cart, 20 cwt. 3 qrs. 19 lbs., 113 loaves—there is no counterfoil of the cart-note—these are the cart-notes for May, 1864—the deliveries were rather heavy at that time—the name signed on 28th May is Brown—I take that
to be Brown's writing—I do not know it—these are the counterfoils upon which the particulars of the cart-notes are entered—there is no counterfoil showing that quantity as going out on 28th May, 1864, to Mr. Ivermee—it would not be the regular course to let anything go out without a cart-note, or without the counterfoil being signed—a blank counterfoil would not be regular; that might have been overlooked in the printing, and therefore they would not see that counterfoil at all—Phillips is the person who had to discharge that part of the duty—I hare also searched all through the books for a delivery of sugar to Ivermee, by Coles' cart, on 28th June—there was no original order lodged, no cart-note, no counterfoil—a very large quantity of sugar has been missed from Phillips' warehouse.
Cross-examined by MR. DALEY. Q. Did you succeed Phillips? A. No; Phillips was in the warehouse when I went into the service, twelve or thirteen years ago—he has been about thirty years in the service, and about twenty a foreman—he did not leave till last October or November—there are five floors above the ground-floor in his warehouse—in 1863 and 1864 there were two warehouses with sugar stored in them, with five floors each—the sugars are generally in the first or second floors—on a press they are put on the other floors—in usual cases they deliver from one loophole—the first floor in Thames-street is the usual one, but in busy times they would be delivered from anywhere—the delivery-order would be given by the foreman to the delivery-foreman—first it would be given by the carman to the foreman; it would be taken by the carman into the warehouse and given to the foreman, as a rule—a foreman might then deliver the goods himself, but as a rule he would give the order to the delivery-foreman of that floor; if lie was not there he would give it to a sort of assistant-foreman—Green was the delivery-foreman of the sugar floor at Phillips' warehouse—Phillips has been away a fortnight sometimes—I think the firm gave him a trifle last summer, 1l. or 2l., but I do not think, as a rule, they would do it—there is a book kept by me, in which men sign when they arrive at the warehouse—I have not got it here—I do not think Phillips went away last year till the fall, when he was away a fortnight—he went on the sick-list as soon as he was discharged by our firm—I am secretary to the society—I cannot recollect if he went on the sick-list in May, I have so many members; the club books will tell—they are distinct from the business—he might have been on the list in May—I do not remember his being sent away to make up some cheese-accounts; there was some little bother about the cheese—in 1864 we had 4,324 tons of sugar in Phillips' warehouse; that was the whole quantity that went in—a quarter per cent is not allowed for waste—if the waste is nut more than 5 lbs. in the ton, the merchants do not charge for it—sometimes the losses are not one-eighth or one-sixteenth per cent.; if 5 lbs. per ton was the waste very often it would excite remark; the merchants would soon complain—the sugar is all loose in paper—it is carried from the ship to the warehouse by hand, and pitched up from hand to hand on to the floors—chips come off sometimes—sometimes a man will drop a loaf, and it will break—when we found the great loss we had sustained we took stock—it is not customary in cases like ours, where goods are in transit, to take stock—we take stock of foreign sugar every five years; that is for revenue purposes—Phillips was dismissed—he was taken into custody, and remanded ten times before the Lord Mayor—he was in Newgate all the time; he was tried here in February and acquitted—he was allowed to go out on his own recognizances in April—he was tried here again this Sessions, and again acquitted—this is the third trial—I have been a witness upon each occasion.
Cross-examined by MR. COLLINS. Q. What position do you occupy in this establishment? A. I am out-door collecting clerk, and I have various other duties—Mr. Joseph Carew Hunt is the manager—lie is here—one of the delivery-order clerks is here—a man named Holman in Phillips' warehouse was the assistant foreman—his wages were 27s. a week—Green had about 3s. 4d. or 3s. 6d. a day, and he got something for overtime—several men signed the delivery-orders—May and June, 1864, was a very busy time—the duty was altered, and the men in the sugar-houses were very much pressed with work—I have a general knowledge of the establishment—I don't know that the delivery-orders are lodged sometimes a day or two before—when a carman produces a delivery-order, it is marked in the counting-house, and given back to him—he then takes it into the warehouse and asks for the goods, or he may tell the foreman, "I lodge this order with you, and I will come for it to-morrow," perhaps, and that carman must present himself for those goods, and his cart must be identified with the delivery-order before the foreman would deliver the goods—the delivery-order might be delivered on 27th or 28th May, and the goods not go out till 30th; but that is exceptional.
Cross-examined by MR. SEYMOUR. Q. Do you keep a record of the number of those books that are out? A. We don't know the number of these cart-notes—these are the only ones we can find—we do not keep any record to check the number of books that go out and have them accounted for afterwards—it is not generally customary for a carman to sign the counterfoil; sometimes it is done—if there is any dispute, the wrong spelling of a name, or any little hitch, the carman will give a receipt on the back of the delivery-order—carmen don't sign for goods—I never saw a cart-note signed by a carman—I never heard of the counterfoil being signed by a carman, or his signing in a book—I can't say whether the carman is mistaken in that; there may have been some reason for his signing it—Phillips did not keep the books.
MR. GIFFARD. Q. Had he the superintendence of these floors? A. Yet, he had to make a return each day of the work he did, whether landing or loading, receiving or delivering—the return is made on a printed form—I have not one here—they are kept at the quay by one of the firm—they are put away in an iron safe—they are put in parcels applicable to each particular year—we could have the return of 28th May, 1864, found directly, and the 28th of June—(The returns were sent for, also the attendance-book).
JOSEPH HUGGETT (City-detective). I went, with Sergeant Foulger, to Ivermee's house in the Caledonian-road—he keeps a grocer's shop there—I told him we were police-officers, and had called to ask him about some sugars he had received; he could do as he pleased about answering us—I had this memorandum in my hand, which I read to him—he said, "I know nothing at all about it; I never received any sugars from Brewers'-quay"—we then went from the parlour into his shop and examined a bill-file which he brought—we found five invoices with the name of White on them—Ivermee said, "That is the only person that I ever received sugars of; Mr. White, who lives in the neighbourhood of Tower-street"—I said, "Who and what is Mr. White?"—he said, "He is a traveller; he comes somewhere from Lower Thames-street White used to write the orders out; they were sent to Coles the carman; sugars would arrive by Coles' cart; White would call a day or two afterwards, and I used to pay him the cash"—I said, "Who first introduced you to Mr. White?"—he said, "A person named Bell, but he is dead and gone"—I said, "When did you last see White?"
—he said, "I should think it must be from eight to nine months since 1 last saw him"—we said, if he could give us any information about White, we would try and find him, and go anywhere with him for that purpose—he said, "It would be entirely useless"—he was then taken to the station, and charged—I asked him if he knew Phillips of Green—he said, "No."
Cross-examined by MR. SEYMOUR. Q. Did you take possession of other papers and documents as well as these you produce? A. There were two or three others, which I took—he brought the file in to us at once—there were a great number of papers with bill-heads, and receipts without bill-heads on the file—I have been twenty-five years in the police—I did not write down the questions I put to Ivermee, or his answers—he said that he knew nothing at all about it; all he had received he had received from White, and he paid him at the same time, and he never received sugars from Brewers'-quay—Sergeant Foulger went down-stairs with Ivermee, I believe—I did not go.
MR. GIFFARD. Q. Have you all the papers here that you took away? A. Yes—I found no cart-notes applicable to the sugar coming from Brewera'-quay.
MR. COLLINS to EDWARD SAYRE. Q. How many books were in use on 28th May, 1864? A. I think there were three or four—I have brought all of them here—as a rule, there would be one cart-note book at one time; in busy times, there would be three or four—there are five here—I got these books out of the warehouse—they were in the custody of the present foreman, Maddox—they were in Phillips' custody in 1864—I sent for them out of the warehouse—I cannot say who I sent—I have all the delivery-books here—I have not searched in the warehouse myself—I should say there were not fifty more there—I will not swear that there was not another cart-note book on 28th May, 1864, or that there were not two more—I should say, to the best of my belief, that all the books are here, because I have all the delivery-order books—they are copied from the delivery-orders—the delivery-book corresponds with the cart-note book counterfoil, with the exceptions I have pointed out.
MR. GIFFARD. Q. The first counterfoil on 28th May is in Green's writing, I think? A. Yes; all the cart-notes bear the words "Brewers'-quay" on them, and "per Joseph Barber & Co." at the bottom.
THEODORE HALSTEAD FOULGER (Detective-officer). I went with Huggett to Ivermee's place—we told him we were officers—I heard a conversation between him and Huggett—I told him that he had received a quantity of sugar, of which these were part—I had the deli very-notes or cart-notes in my hand—I said they represented a quantity of sugar, to the value of about 600l., that he had received from Brewers'-quay—he said, "I know nothing at all about it"—I then said, "Who is this man White?"—he said he was a traveller; that he did not know where to find him—he said he always paid for the sugar at the time it was delivered—I then drew his attention to this invoice of 23d June—I said, "How is it you paid for these on 23d June, when the goods were not delivered until the 27th?"—he said he was no scholar—I then said to him, Do not consider it any trouble, we will not spare any expense if you can take us to this man White"—he said it was no good, he did not know where to find him any more than the dead in their graves.
Cross-examined by MR. SEYMOUR. Q. There was a quantity of receipts and papers on the file, I believe? A. Yes—Huggett and I were both examining them, and when we came to one with White's name, we took it off
—I cannot tell you whether I took them all off or not—I did not search hi stock—there was every facility given us to look at his papers and his stock and sugar—I went down stairs into the cellar—I went in his place first—I did not begin the conversation till Huggett came in and told Ivermee we bad some questions to ask him about some sugar—I told him there was somebody else outside, and he said, "By all means bring him in"—Huggett said, "We are police-officers"—it would be impossible for me to say how the conversation went on, or to give a consecutive account of what occurred—he said that his dealings had been with White; he knew nothing himself because he had always paid him ready money.
JOHN BLATCHFORD . I am a warehouse-keeper at Brewers'-quay—I know Phillips and Ivermee—I have seen Ivermee at Brewers'—quay more than once—I have seen Green's writing, and believe these five invoices to be his.
Cross-examined by MR. COLLINS. Q. How long have you been in the prosecutor's service? A. About seven years—I was in Phillips' warehouse—I should not like to swear these are in Green's writing—I would rather say it was not his, than say positively that it was—I have seen Green write—I don't know whether the invoices are in his writing or not—I do not believe they are—I have seen them before—I had an idea then that they were Green's writing—nothing has altered my opinion, only I should not like to swear that it is his writing—I have no idea whose writing it is—Green wrote in that style, but whether it is his writing or not I cannot say—I have no belief either way.
CHARLES ROGERS SAUNDERS . I am warehouse-superintendent at Brewers'-quay—I know Green, and know his writing—to the best of my belief these invoices are his—the receipt to the bill does not appear to be his, but the body of the bill is his decidedly—I speak to all five.
Cross-examined by MR. COLLINS. Q. How long have you been in the employment? A. About six and a half years—I have been warehouse superintendent about fifteen months, over the whole of the warehouses, Phillips' as well—I have no doubt the clerks in the office know Green's writing—there are about two clerks in the delivery department at Phillips' warehouse—one has been there twelve years—I can't say how long he has known Green's writing—I have known it perhaps four years—I feel positive to the best of my belief that they are in his writing—it is his usual hand—I would not swear that the signature is not his, but to the best of my belief it is not—to the best of my belief this receipt is not in Green's writing, but the body of it is—I have to attend round all the warehouses, to see that the business is carried on properly, and I also check the outdoor-expenditure—I had supervision over Green—I could order him to do anything—I have never done so—I know his writing by seeing it in the books—I saw these invoices about two months ago—I fancied they were Green's writing directly—either Huggett or Foulger showed them to me—I did not know where they had been obtained—they asked me if I knew the writing, and I said directly I thought it looked very much like Green's—I looked at it closer, and felt sure of it, and I feel sure now.
Cross-examined by MR. SEYMOUR. Is this the first time you have been called? A. Yes—I see the words "March 9" on the receipt, and the figures "64" also "W. F."—I should not like to speak to the figures—I should say the "W" is not in the same writing—books are here containing Green's writing, but I have not looked at them.
Pentonville—I purchased sugar from Ivermee down to September, 1864; it was in loaves—I paid him 50s. a cwt. in August and September—that is rather above what I have been paying; I bought some at 49s—it was the best sugar that I generally have—I was only subpoened yesterday.
Cross-examined by MR. SEYMOUR. Q. When did you first deal with Mr. Ivermee? A. In 1859—I am in a small way of business—I require sugar in my trade—I bought the sugar from him, he being a grocer, and dealing in lump sugar, and I wanting it for manufacturing my ginger-beer—I have bought loaf sugar from other grocers besides Mr. Ivermee—these were ordinary business transactions; there was nothing in the price which I gave to rouse my suspicion; it was the full price at the time.
MR. GIFFARD. Q. How do you mean the full price, I suppose you did not get it of other persons at that price? A. I could have bought it at the same time for less; it might not be quite such a good quality; of course I wanted to get it as cheap as I could.
IVERMEE received a good character.
GREEN— GUILTY .
PHILLIPS— NOT GUILTY .
OLD COURT.—Friday May 12th, 1865.
Before Mr. Common Serjeant.
559. SAMUEL JOHN PHILLIPS (46), and JOHN GREEN (35), were again indicted for Stealing 1,000 lbs. weight of sugar, 100 loaves of sugar, and 1,800 lbs. of sugar, the property of Robert Holdworth Carew Hunt and another, their masters, and WILLIAM IVERMEE (40) , Feloniously receiving the same. (See pages 29 and 72).
MR. POLAND conducted the Prosecution, MR. DALEY defended Phillips
MESSRS. KEMP and MOIR defended Ivermee.
JOHN WALLSBY . In 1862 I was carman and driver in the employment of MR. COLES, a carman—on 7th June, 1862, I find an entry in my delivery-book of "ten cwt. of refined, B quay," to Mr. Ivermee—Sheffield was the carman to deliver it—I made out this delivery order for it, and gave it to Sheffield to take with the goods to Ivermee—this entry, on 12th July, 1862, is written by Donaldson, a foreman; it is for sixteen cwt. loaves, from B quay, to Mr. Ivermee—Sheffield was the carman—this cart-note (produced) is in Donaldson's handwriting—he is dead.
CHARLES SHEFFIELD . I am a carman—I was formerly in the employment of Mr. Coles; I have left his employment about eighteen months—I very often went to Brewers'-quay for loaves of sugar—on one occasion I remember taking some tea to Ivermee—he said he wanted some loaves up the first thing in the morning from Brewers'-quay—he gave me a closed envelope, and told me to take it down to Phillips' warehouse—I took it to Mr. Coles; he told me to take it to Phillips, and he would give me the loaves—he said the delivery order was lodged with Phillips—next morning I went to Brewers'-quay, and took this envelope to Phillips; he was in the sugar warehouse—I got the loaves and went to Mr. Coles' office, got a note, and then took the goods to Ivermee—I saw Green running about the ware-house—I did not see where Phillips went after I gave him the envelope; I went away to my cart—I got a weight-ticket from one of the men who was at the scale—it was a printed note, like this, with "Brewers'-quay" on it—when I went to Ivermee I had a printed document like this—Ivermee signed
it; I should not have delivered the goods without his signature—I have often gone down to this warehouse for loaves, and taken them up to Ivermee and different people—I can't say how many times I went to Ivermee's from Brewer's-quay; rather more than five or six, I dare say—I have seen Phillips and Green at Brewers'-quay—I have once or twice taken a paper or envelope from Ivermee; I have given them to Mr. Coles, and he has given them to me again—I sometimes gave the paper to Phillips, and sometimes to Green—have been there with regular delivery orders—I have not been into the office to get them marked when I have had them for Ivermee, but for other persons I have—I can't say that I remember this particular note (produced)—I remember carting 100 loaves and also sixteen cwt—sometimes Ivermee gave me 2 d. to get beer with.
Cross-examined by MR. DALEY. Q. Are you in any employment now? A. Yes, as a labourer to a Mr. Base—I have been there three weeks; before that I was a month doing nothing—I left Mr. Coles' because he had such a bad horse to drive—I then went to Seward Brothers; I left there on my own account—I was receiving 1l. a week; I got blamed innocent for some things, and I did not like it, so I left—while I was doing nothing I saw the detectives—Mr. Foulger came to me first; he asked me about those sugar robberies, and whether I remembered going to Mr. Ivermee—I remembered it at once—he the asked me if I knew Phillips, and whether I had taken a letter—I knew Philips when I saw him in the dock at the Mansion-house; I don't know whether I knew his name; I did afterwards—Green answered to the name of Phillips as well as Phillips—I took a note to Phillip?, and I said, "Which is Phillips?" and they said, "He is down in the warehouse," and I gave it to Green—I can't say when I gave the note to Phillips—I did not know there was any thieving going on at this time; if I had not thought the order was lodged, I should have taken the paper into the counting-house; it was a letter or paper; it was sometimes an envelope and sometimes a paper folded up—I bad not given any thought on the subject until I saw Foulger—he said I was to get my expenses, nothing more—I think I am to be paid for this business; I don't know what I shall get; I have lost several days—I had been making inquiries after Green—I was not looking after Phillips—I wanted to find out which one I gave the note to—I went down to Stepney; that was about a fortnight or three weeks ago—I had a detective with me when I was looking for Green.
MR. POLAND. Q. When you went to the Mansion-house did you see Ivermee and Phillips there? A. Yes—I pointed out Phillips as one of the persons that I had seen at Brewers'-quay—Green was not in custody then—when I saw him afterwards I recognised him—I went to Brewers'-quay on a great many occasions.
COURT. Q. Did you in every case give the note or envelope or paper that you brought from Ivermee to Mr. Coles before you took it to Brewers'-quay? A. Yes, and then I received it back from Mr. Coles, and took it down next morning—I am cure whatever it was I always gave it to Mr. Coles first.
EDWARD SAYRE . I have looked at an entry in the delivery order-book of 7th June, 1862, and at the cart-note and counterfoils—the cart-note is torn out—I find no such transaction in the delivery-book as 1,800 lbs of sugar, to Ivermee—there is no reference to it in the cart-note-book—I find no entry in the delivery-order-book of a transaction on 12th July of 100 loaves of sugar—there is a blank counterfoil with the commencement of Mr. Coles name—the date before and after the blank is 12th July—there is no entry
in the book of Ivermee or Coles—Phillips was there on 7th June, and 12th July, 1862—there is no entry in the returns made by Phillips on either of those days, of either of these transactions, to Ivermee—in the aggregate the delivery orders would correspond with the entries in the delivery order-book—I believe this "Coles" to be Green's writing—the person delivering would copy the delivery-orders into the delivery-order-book—the book would be open at the warehouse, accessible to Phillips—he was head foreman.
Cross-examined by MR. DALEY. Q. He had the general superintendence? A. Yes—Holman would take orders, Green would not—Holman was mostly in the small office in the warehouse—I have seen Green there taking orders—we had not as many as fifty carts at our place at once in 1862—1,262 tons of sugar passed through Phillips' warehouse in 1862—there was no other sugar in the place—a man might easily walk round the floors in a quarter of an Lour or twenty minutes and see what was going on—Pudney attended more to cheese—that was in the same warehouse, occupied by Phillips—no charge was made against Phillips about cheese—there was a mistake about it—a man named Foley might take in orders—I have known him do so—I believe Cave once took orders, some time ago—they were authorised to take them—I mean, take orders from the carmen—of course Phillips could not be always there—some of these label-notes are in Phillips' writing, signed by him, and made out by him—he had to get his information from his assistants, and from the books—what they told him he would put down there—it was his place to see the books himself, and not to rely upon other person—he could verify the returns they gave him by the books—the books are made up from the delivery-orders—it would be impossible for him to know all the sugar that went out—we have had 4,000 tons in at a time—I should imagine 200 tons was the average at any one time—if he suspected anything wrong; he must take stock—if we saw 1,000 tons of sugar on our books for a twelvemonth, we should go and see if they were in the warehouse—100 loaves would be missed by a man who superintended the sugar—a man doing his duty ought to miss 100 loaves—the sugar is pile! up several tiers high, on boards—taking 100 loaves would make a considerable gap—in the regular way Phillips would see the men load every cart that went out—he ought to be at the loophole, there is only one loop-hole.
Cross-examined by MR. KEMP Q. Did other persons make out these cart-notes besides Green? A. Sometimes—they were made out by him in July, I 1862—I would not say that be made out all the cart-notes then, the majority of them—"J. F." is Foley, I suppose—if the goods were going by rail, the cart-notes would be made out to the carriers, to Chaplins, not to Coles—his was home trade—we assume they go to the caariers whose names appear, that is all we have—if two loaves were taken from one parcel, and three from another, they would not be missed—it would be impossible to miss them.
JURY. Q. How many loop-holes have you? A. A great many, five, I think—we usually only load from one at a time—there is one floor for sugar and one loophole to that floor—there was no press in 1862—we had no sugar, except in Phillips' warehouse—it was rather below the average in 1861 and 1862.
MR. POLAND. Q. Just turn to that delivery-book and tell me how many deliveries of sugar there were on 7th June. A. Seven deliveries—that would be in the aggregate—on 7th June, 1862, there were eight separate deliveries of sugar from Phillips' warehouse—on 12th July there were six—it would be Phillips' duty to look after the other men, and see that proper
delivery orders were brought to the warehouse, and proper entries made in the books—they ought to deliver 100 loaves of sugar in a quarter of an hour—of course it would depend a good deal upon how the sugar laid, how near it was to the loophole—it would be carried to the scale, weighed, and then handed down to the van.
JURY. Q. Was the sugar that was missing all taken from one bulk, all in one warehouse? A. That we can't say—if they were taken from different parts, they would be marked differently, some would have one merchant's mark on them and some another—there is no time allowed for dinner or breakfast, they get it when they can—Phillips had to be at the warehouse at 8 in the morning.
The former evidence of Joseph Huggett and T. H. Foulger was read over to them, to which they assented, and Huggett added: I took this paper (produced) from lvermee's place (read:—"Sheffield, servant to Coles, deliver 120 cwt. of loaves from Brewers'-quay for Mr. Ivermee.")
JURY to CHARLES SHEFFIELD. Q. At what time in the morning did you go? A. Ata little after 8, and went away about half-past 9.
COURT. Q. Did Coles open the envelopes? A. If they were directed to him—I showed Coles the envelopes over-night which were directed to Phillips before I went for the goods—if Coles' name was on it, he opened it—if it was directed to Phillips, he gave it to me again, and I took it to Brewere'-quay—I have twice received a sealed envelope addressed to Phillips, which I have delivered to him without its being unsealed—I have three or four times received wafered or gummed envelopes from Ivermee directed to Phillips—I gave them to Mr. Coles, and he has given them to me back again, and I have taken them to the sugar-floor to Phillips, and given them to him or to Green—I am sure Coles has not seen the inside of them.
JURY. Q. At what part of the warehouse were Phillips and Green when you gave them these notes. A. Phillips was just against the little office upon the sugar-floor; there was no one near when I gave him the notes—the office is on the sugar-floor—Green sometimes answered to the name of Phillips, and then I used to give him the note, and he has said, "I have seen Mr. Ivermee; all right; put them into the cart"—no one else but Green answered to the name of Phillips—the notes were addressed to Phillips, and not to Phillips' warehouse—I received the notes from Mr. Ivermee the evening previous, and on each occasion I gave them to Mr. Coles, my master, but ho did not break them open unless his name was outside—I left them with him, and received them back again next morning still fastened—I can just read writing a little—I should not mistake Mr. Phillips's name for Mr. Coles'.
JOHN COLES (re-examined). Sheffield brought notes and papers from lvermee to me, but only what were directed to me—they were not in envelopes, but just folded up—I may have received one order from Ivermee through Sheffield—it was not seated or closed—I saw no notes addressed to Phillips in Sheffield's hand—he never handed me such a note, and I never gave Sheffield an order in 1862 at all—I did not give the orders out myself—a man named Donaldson gave them out in the morning, and I used to sit up at night to take them in—it is wrong to say that these particular documents were handed to me.
JURY. Q. Did you receive any of these letters addressed to Mr. Phillips? A. Never; Sheffield never brought me any notes which were not addressed me; never any addressed to Phillips—Donaldson used to come in the morning,
and go home soon of a night—I gave him the orders in the morning; I did not give them out to the men myself.
PHILLIPS and GREEN.— NOT GUILTY .
MR. POLAND conducted the Prosecution, and MR. DALEY defended Phillips.
CHARLES JOHNSON . I am a beershop-keeper in the East India-road—in 1863 I was foreman to Mr. Cole, a carman—I have an entry in my own writing on 12th August, 1863: "11 cwt. refined, to Brewere'-quay"—Williams is the name of the carman—this cart-note (produced) is in my writing—on 30th December I have an entry in my writing: "17 cwt. refined,. Bryant, to Ivermee's account"—Williams was the carman—the cart-note is made out on one of Mr. Cole's forms in my writing for Bryant.
GEORGE WILLIAMS . I live at Bishop's-court, Clerkenwell, and work for Mr. Day, a carman—I was in Pope's service last autumn—I know Ivermee; he is a grocer in Caledonian-road—I have gone to Brewers'-quay on a great many occasions for sugar, which I have taken to Ivermee and other persons—I have seen Phillips and others at Brewers'-quay—I have seen Green—I have taken a sort of envelope from my master to Cole—I have never got any from Ivermee—the envelopes were directed to Phillips' warehouse; I delivered them there, and told Phillips that I had come for sugar for Mr. Ivermee—he told me to go out and wait my turn, and I waited, and drew up my cart, and took in the sugar—I had no delivery-order to take into the counting-house to be counter-signed; I had on some occasions, but I cannot say the dates—I used to go between 8 and 4; I have sometimes been kept waiting all day—I used to have similar notes to these (produced)—Mr. Ivermee signed them when I delivered the sugar to him—I delivered a barrel to Mr. Bryant, and got it signed for—printed cart-notes similar to these, used to be put under the string of the last loaf of sugar that used to come down.
Cross-examined. Q. Have you been many times in the warehouse? A. Yes; Foulger came to me about this form.
THOMAS BRYANT . I am a grocer of Kentish-town; I know Ivermee—I was in the habit of buying sugar of him in 1863—on 30th December, 1863, I bought a hundred loaves of sugar, weighing 16 cwt. 2 qrs.—my wife signed this note—I received this cart-note with it—when I received sugar from Brewers'-quay, Ivermee sent for it afterwards, and I have given him up some of the printed cart-notes which I received with it—I kept this one by mistake—when I had goods not through Ivermee the notes were left with me—I have bought sugar of Ivermee for about three years and a half—I have had a good deal of sugar from Brewers'-quay which I bought of him.
EDWARD SAYRE . In this delivery-book of 12th August, 1863, there is no entry of 11 cwt of refined, to Ivermee—there were eight deliveries of sugar that day—Phillips was at the warehouse on the 11th, 12th, and 13th—I have looked in the counterfoils of the cart-book, and there is no record of the transaction, nor is there in this book of 30th December any notice whatever of the delivery to Ivermee or Bryant; there were six deliveries on that day—there is no notice of the transaction in the counterfoil of the cart-book—Phillips was there that day—the cart-note of 30th December is on one of our forms; it is signed by Green; it is rather different from his usual
signature, but it is his writing—it was Phillips' duty to superintend the delivery of the sugar, and if he noticed a blank counterfoil to inquire what had become of the other part—he came at 8 in the morning, and stayed till 4, 5, 6, or 7, according to when the work was done—he had his breakfast before he came, and his dinner was brought in to him, so that he was always there to superintend—Green kept the book, and Phillips walked about and attended to the delivery; if an owner sent an order, he was to take care that the delivery was made from that owner's stock, and he or Green would point out the stock.
Cross-examined. Q. Do you know that Phillips broke his leg on 23d May, 1863? A. Yes; I find he was away from the last week in May to the 24th July—I did not put this robbery in the indictment on 23d July; I am not a lawyer—I believe his leg was quite strong when be came back; I paid him from the club while he was away—I suppose Holman would take his duty while he was away, but Saunders has the general superintendence of the whole warehouse—I should be very sorry to impute anything to Sauuders—he would not know if there was a great deal taken away, as he had the supervision of all the other warehouses—he is the inspector of labour, and has to walk over all the premises—Holman, I presume, would be in charge I of the place in Phillips' absence, and see to the deliveries after the orders were countersigned.
JURY. Q. How many floors was the sugar on? A. Only one, I think; but the inspector knows—Phillips had charge of the cart-notes—the orders would be examined in the counting-house, but not the cart-notes—they are carried away by the men who take the goods, and there would be no record of it; we trusted to the honesty of Phillips—it is not usual to examine the cart-notes, but we examine the delivery orders each day—they are taken to the counting-house, and examined next rooming—delivery-orders sent to-day would be taken into the counting-house to-morrow—the foreman is instructed to deliver the goods, but before that he should copy it into the book, and make out the cart-note, and the counterfoil should be a copy of it.
MR. POLAND. Q. In this book do the counterfoils agree with the delivery-book? A. Yes; but we might not notice if one was torn out in the centre.
The evidence of John Huggett and Theodore H. Foulger was read over to them; to which they assented.
CHARLES ROGERS SAUNDERS . I am warehouse superintendent at Brewers'-quay—these five invoices are, to the best of my belief, in Green's writing except the receipts—in Phillips' absence it would be the deputy-foreman's duty to attend to the delivery of sugar; it is not my duty—the most floors occupied with sugar were three, but only two, to the best of my belief, before last year—they would examine the delivery-order book to see that the order and the book agreed, but if there was no delivery-order we should not know that any sugar had been taken away—its absence made everything else futile.
PHILLIPS.— NOT GUILTY .
GREEN.— GUILTY .— Ten Years' Penal Servitude.
IVERMEE.— GUILTY .— Seven Years' Penal Servitude.
NOT GUILTY .
Before Mr. Common Serjeant.
WILLIAM SCARBOROUGH . I live at Barking—on 6th April, between 1 and 2 in the day, I found my window broken close to the fastening, and saw the prisoner running away—I ran after him, and found him in a ditch—I said, "You have been trying to break into my house"—he said that he had not; he only went to do a job for himself—I said, "The woman next door saw you come out at the window—he said, "I have not been in the house; you can search me if you like"—I did not do so—he went back with me, and said going along, "I attempted to get in, but I have not been in, and I have not got anything, and I hope you will not give me in charge"—I gave him in charge—my window was not broken when I went from dinner.
Prisoner. Q. Had I got my trousers undone in the ditch? A. No: you were sober—you did not say that you went to the back of my house for decency's sake—thera was a woman picking stones near my house, but she could not see you break the window, as there is a high hedge, and a bank, and a fence; nor could anybody see you from the road.
MARY HAMMOND . I live next door to Mr. Scarborough—I heard a noise as if some one was passing open a window—I then heard it again, and then a third time, and there was a tremendous crash—I went round the back way, and saw the prisoner: standing against the back window with a small pen-knife in his hand, cutting out the putty from the pane which was broken—I asked him what he was doing: he said that he came in to the closet—I said, "You did not; here is no closet here"—he got over the fence, and went into the road—I gave information, and he was brought back.
Prisoner. Q. Had I not got my trousers undone? A. No: you did not say that you had asked leave to go in, and could not make anybody hear.
ROBERT CARR (Policeman, K 302). The prisoner was given into my custody—he said that he went there to ease himself—I said, "That is a curious place"—he said, "If is no use, I went in there, and I meant breaking in there or somewhere else, as I was hard up"—he had this small pen-knife in his pocket.
Prisoner. Q. Did not the prosecutor say, "I do not want to lock the man up," and did not you say, "If you do not, I will?" A. No: but his master said that if he did not prosecute you he would discharge him.
GUILTY .—** Confined Twelve Months.
Before Mr. Recorder.
MR. OPPENHEIM conducted the Prosecution.
GUILTY.— Recommended to mercy by the Jury.—Judgment respited.
Before Mr. Recorder.
MR. CLARKE conducted the Prosecution, and MR. LILLEY defended Simper
EDGAR RADLEY (Policeman, R 212). On Sunday morning, 7th May, about a quarter-past 1 o'clock, I saw Dinan in the New-road, just by the railway, he said, "Hulloa, Radley, "I said, "Hulloa, Dinan, where are you going?"—he said, "Down to the railway-station to see the night-porter, Simper, about 8d. I lent him a short time ago, to give a gentleman change for a florin"—he went over the bridge, and I went round my beat—at about a quarter to 2 I met him again in William-street, about 128 yards from the up and 320 from the down platform, walking towards his own home, away from the station—he had a portmanteau in his hand; I said, "Halloa, Dinan, what have you got there?"—he said, "I found this outside the railway-station, and am going to take it home till the morning"—I said, "You had better not do that, you had better come back to the station"—he hesitated for a moment or so, and then accompanied me back, and when within eighteen yards of the station door, on the down side, he put the portmanteau down and said, "That is where I found it, we will leave it there, and go and see the porter"—I said, "I will take charge of it now"—he said, "For Christ's sake, Radley, be a man, act square to me, let me take it home, and I will act square to you"—I took it up and said, "Dinan I will not, I will do my duty"—he pushed the door open, and walked in—there was no one in the station; he called out "Simper" but no, one answered—I called out, "Porter"—we then crossed over the bridge on the up side to the front office, calling out "Porter" several times; no one answered, and I said, "Come on, we will go down to the signal-box, and see if anyone is there;" we found Simper there; I said to him, "Do you know anything of this, "alluding to the portmanteau I had in my hand; he said, "Yes, it is all right, it belongs to a party at Shooter's Hill, and has to be delivered in the morning:" Dinan said, "Well, I found it outside the station:" I said, "Now, stop Dinan, tell the truth:" Simper said, "It is all right, I will show you where I left it about ten minutes or a quarter of an I hour before;" we then went to the bridge on the up side of the line where there was a large box standing, covered with white canvass with a red edging, just outside the cloak-room door, and Simper said, "That is were I left it, on the top of that box"—I said, "Well, I wish to see the station-master"—Simper said, "You will not see him to-night"—I said,—I shall see him before I leave here"—he said, "No, be d----d if you do;" I asked him where the station-master's room was, that I might call him, but he did not tell me; I said, "I shall not give up the property till I do see him"—Simper then seized the portmanteau and drove me into the ticket-office; we struggled four or five minutes; he got it out of my hand, and said, "You d—d scamp you are drunk, what business have you here"—they both then seized me, and I was bundled out at the front-door into the street—they closed the door and locked it, leaving me outside—I went to the police-station, and Serjeant Featherstone came back and called the station-master up, then we went down on the platform, and the station-master asked Simper about the portmanteau—Simper began telling him about 8d. he had borrowed of Dinan—the station-master asked him whether he knew Dinan, and what he did there at that time of night—he said that he did not know much of Dinan, and came then to meet a friend by the midnight train—the station-master went with me to Dinan's house, 4, Whit worth-place; we knocked at the door, Dinan put his head out at the bedroom window, and
the station-master said, "About this portmanteau, what do you know of it"—he said, "All I know is I met the constable coming out of the station with it, and as there was no one there but me, he turned round, put it on me, and said that I stole it"—I took him to the station; I received the portmanteau from the station-master.
Dinan. Q. When I met you at the station did not I say, "Radley what have you got there?" A. No; I did not say "I have been knocking at that door some time, and cannot get any answer from porter or anybody else"—after I brought you back with the portmanteau and you had put it down and I had taken possession of it, you said "Simper must be there."
Cross-examined. Q. At what time did you meet Dinan with the portmanteau? A. Twenty minutes or a quarter to 2—I do not recollect that Simper asked to look at the address—the address is still on it—he appeared to know the portmanteau; he did not say, "It was left in my charge"—he said that it had been left there till the morning, and that it would be delivered in the morning—I kept it my hand; he asked me to deliver it up, but I said that I should not till I had seen the station-master—I do not recollect that he asked me more than once to let him have it—the sergeant pointed out where the station-master lived; Simper did not say "He lives there"—I was not much ruffled at being put out of the station; it was Simper who tried to take the portmanteau from me; Dinan stood close by—Simper seemed ruffled at my not giving it up.
JAMES LOWRY . I am a captain in the Royal Artillery, stationed at Woolwich—on 6th May I went by train, at 11 o'clock, from London Bridge to Woolwich—I had a large box covered with red edging, and this small portmanteau (produced), belonging to my sister, who was with me—when we arrived at Woolwich a porter carried it for me, I having ordered a cab to be there, but the cab was not there, and the porter could not get me one, so I left the luggage at the station with him—I think it was Simper, bat cannot swear to him—next morning Simper came to my house with the box—he asked to see me, and said that the portmanteau had been stolen from the station the night before, by a thief, but that it was at the station-house and he could not get it till Monday afternoon, and he was afraid of getting into a scrape, as he bad left the luggage outside the cloak-room, instead of putting it inside.
Cross-examined. Q. Had you on former occasions left your luggage in charge of porters? A. Yes, but I do not know who—the luggage was safely delivered to me; I think Simper is the man with whom I left it, because when I gave him my address he said, "We had some luggage of yours before"—my address is, 4, Barrington Villas, Shooter's Hill.
JOHN PLUMMER . I am a porter at Woolwich Arsenal Station; on the night in question on the arrival of the 10. 50 train from Charing-Cross it was my duty to attend to the luggage-van; I took out a portmanteau and box covered with canvass; took them to the front office, where the gent said that he had ordered a cab, but there was no cab there, and I could not get one, so I left the portmauteau with the gent, outside, and the prisoner Simper—I heard some communication between them that Simper should deliver the luggage in the morning—we brought it in through the office, and I assisted Simper to place it outside the cloak-room; that is inside the station on the bridge that leads from the down platform to the booking-office—it was not my business to put it into the cloak-room; Simper had the key of the cloak-room—I believe I last saw the portmanteau and box there about 1:2 o'clock.
Cross-examined. Q. Had Simper charge of the key that night? A. I won't say—the station door on the down side has a spring-look, which opens inside—there is a wall which runs at the side of the door on the down side, but nobody could get in at any of the windows by that; it if about 2 feet 6 or 3 feet high from the platform; anybody could get over it, but from the cab-stand it is much higher—a person could not get over within the company's premises, he could only get into the cab-yard outside the station—there is a wall on the other side of the cab-yard about four or five feet high—if anybody put his shoulder to the door with force it might be forced open, unless it was double bolted.
MR. CLARKE. Q. Had you left the premises? A. Yes, about twenty minutes to 2: I closed the door and applied my hand to it as usual to see that it was fast—Simper only was left in the station then, I believe.
JURY. Q. Are there folding-doors? A. Yes; I bolted the top and the? bottom, but cannot say whether both doors were bolted—I closed it by the spring-lock, and pushed it; if it had not been bolted I think it would have sprung open—simper was left on duty then—it was his duty to be at the signal-box after all the passengers were out, and I believe it was his duty to see to the fastenings of the door after I left.
JOHN BROWN (Police-inspector, R). On the morning of 7th May, about 2 o'clock, I went to Windsor-terrace, Plumstead, where Simper lives, and told him I should have to take him to the station and charge him with being concerned with Dinan in stealing a portmanteau—he said that he knew he did wrong in acting as he did towards the constable, but that he had no hand in stealing the portmanteau.
CHARLES BARTHOLOMEW . I am station-master at Woolwich Arsenal—I let Dinan and Featherstone into my house that morning, and then went to the signal-box with two constables, and saw Simper there, that was about 3 o'clock—I asked him if he knew the man who the constable brought to the station just now, he said that he did not know much of him, his name was Dinan—I asked him what his business was at that time of the morning—he said that he had borrowed 8d. of him to give a passenger change, who had come by the train, and had come to pay it, and that the portmanteau belonged to a gentleman at Shooter' a-hill, who had left it with a box to be delivered in the morning—I went with Featherstone to Dinan's house, knocked at the door, and when Dinan put his head out at the window, I said, "What about that portmanteau"—he said that he was going to the station for 8d., which he had lent Simper, and just before he got to the station he met the constable with the portmanteau, coming from the station—I said, "This is a very strange story ": he said, "Had I better come down?": I said, "Yes, you had," and we walked together to the police-station—I had left the station soon after 10 o'clock, I have an inspector there—Simper was night watchman, he comes on duty at 8 o'clock, and from 8 till the last passenger-train comes in, he is office-porter—the last tram arrives at 1 o'clock, it is then his duty to lock up the station, and then go down to the signal-box and take care of the switches.
Cross-examined. Q. How long has Simper been attached to the station? A. Three and a half years, he has been five years in the Company's service; I always considered him an honest, steady, and trustworthy man—he had charge of the luggage till after the passengers were gone.
Dinan's defence. I met the constable at the door, he said, "Here, I have just picked this up outside here; I have been calling and cannot make them hear." I said "Go in, the door is on the jar;" we went in and went to
the signal-box and saw Simper, who said that it belonged to a gentleman at Shooter's-hill, he took it and placed it on the box again, saying, "That is where it must have been taken from, for it was never outside." He said I met a man with it in Bull's-fields. I said, "Where is the man?" He said, "You are the man, and you know it" I turned and abused him; he forced the trunk from Simper's hand. I did not interfere, and Simper without any aid put him outside. He then unlocked the door and I went home.
The Prisoners received good characters.
DINAN, GUILTY .— Confined Eight Months.
SIMPER, NOT GUILTY .
MR. SHARPE conducted the Prosecution.
EDWIN CHADWELL . I am a butcher and grocer of Plumstead-common-road—the prisoner was in my employment four or five months at weekly wages—it was his duty to take out my goods to customers and receive payment, for which he was to account to me on his return in the evening—on 6th March he accounted to me for 8l. received from Mrs. Fryett—on 13th March for 5l.; on 20th March for 9l.—I entered the account each time from what he told me—he left me on 5th April—he never gave me any further information about Mrs. Fryett, or accounted to me for any other sums received from her.
LYDIA FRYETT . I am the wife of William Henry Fryett, a joiner, of Henry-street, Woolwich, and keep a grocer's shop—the prosecutor supplied me with goods, which the prisoner was in the habit of bringing—on 6th March, I paid him 9l. 2s. 6 1/2 d.; on 13th, 5l. 8s. 3 1/2 d.; and on 20th, 9l.10s.4d.—and he gave me these receipts—he signed them in my presence.
Prisoner's Defence. I paid Mr. Chadwell the different accounts when I came home; I used generally to pay him on the counter; when three or four customers were in the shop, he sometimes omitted to put it down, sometimes he put it down on a piece of paper and did not make it paid in when I looked at it down he had omitted two, and he has done the same on other occasions.
EDWIN CHADWELL (re-examined). It was the prisoner's duty to pay me all he received—I was not aware of his keeping any back—I never omitted to, put down any sums—he has never called my attention to such a thing—I was not in the habit of entering the sums on pieces of paper—I made the entries in my book at the time—this is the book (produced)—I have no other book in which I entered the sums received—this has not been written all at one time, but as I received the sums—(The JURY expressed their opinion that the entries in the book were evidently all written at one time.)
NOT GUILTY ,
There was another indictment against the Prisoner for a like offence upon which no evidence was offered.
NOT GUILTY .
MR. SHARPE conducted the Prosecution.
WILLIAM SARGENT I am a clothier at 54, Wood-street, Woolwich—on Saturday night, 8th April, shortly before 12 I was walking about half-way between Greenwich and Woolwich—I met two marines, coming up in the middle
of the road—when they saw me, they spoke and separated—I attempted to pass between them, when they both caught hold of me by the throat and coliar—I had passed a policeman just before—I told them there was a constable very close by—we struggled for a moment or two, till we got on the bank, they got me down on my back, and the policeman then came up—they were holding their hands over my mouth, and holding my throat—I do not remember that they put their hands in my pockets—I was struggling all the time—as soon as they saw the policeman, they made some remark and decamped, the prisoner taking the marshes on the river, and the other going inland—the policeman followed the prisoner—I was called up on the Sunday morning, 9th April, between 3 and 4, to go and recognise the prisoner amongst, I should think, half a dozen others—I was asked whether I could select two, but I could only identify the prisoner positively—I am quite sure of him.
Prisoner. I had been drinking very hard all that day; I caught hold of the gentleman by the collar for a bit of fun, and we tumbled on the bank, he said a policeman was coming and we ran away.
JOHN TENT Policeman, R 85). Shortly before 12 on the night of 8th April, the prosecutor passed me on the road between Greenwich and Woolwich—shortly after that I heard a cry of "Police!"and saw two soldiers and the prosecutor—he was on his back across the bank—he exclaimed, "Here comes the policeman,"and the prisoners ran into the road—one went to the right hand side, and the other to the left—they jumped over the bank—I followed the prisoner, but was not able to catch him—I saw the prosecutor identify him the next morning at the barracks.
GEORGE REEPER . I am a colour-sergeant-of the royal marines at Woolwich—on Sunday morning 9th April the prisoner was absent from barracks—he returned at half past 1 in the morning, covered with mud—he was quite sober—Masters, the other man, came in about two hours after the prisoner—he was sober also.
Prisoner's Defence. I am very sorry it happened, I have been eight yean in the service without any charge being made against me.
NOT GUILTY .
The Court ordered a fresh Bill for an assault to be preferred against the Prisoner to which he subsequently
PLEADED GUILTY .— Confined One Month.
The following prisoners PLEADED GUILTY:—
567. MARTIN GLYNN (22) , to Stealing 1 watch, the property of William James Stokes, from his person, also to a former conviction of felony, in April, 1861.**— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
PLEADED GUILTY to former convictions in September, 1864.— Confined Twelve Months each.
DAVIS— Confined Six Months. [Pleaded guilty: See original trial image.]
Before Mr. Common Serjeant.
MR. HORRY conducted the Prosecution.
SAMUEL WOOLLEY . I am a labourer, living at Ealing-terrace, Eltham—I know the prisoner, he lodged with me upwards of two years—on Tuesday morning, 18th April, I left home to go to my work as usual—I left my wife at home, and the prisoner—I had a box and a carpet-bag belonging to me, which I left in the house, and also three shirts, a blanket, a counterpane, and other things—I returned about seven in the evening—my wife and the prisoner were gone, and the box, carpet-bag, shirts, and other things also—there was also a chain and a scarf—some of the property was afterwards shown to me at Merton.
Prisoner. I did not take any of the things.
JOHN BOWDEN (Policeman, V 243). I have known the prisoner about sixteen years—I have a house at Merton—on Saturday, 22d April, he came there with the prosecutor's wife, and they lodged with me till the Thursday following as man and wife—the prisoner told me had been married about five weeks—he brought a carpet-bag, which was afterwards owned by the prosecutor—he came to my house on the Thursday, the 27th, with Peters, and identified the woman as his wife—I took a scarf from the prisoner's pocket at the police-station which the prosecutor identified.
EDWARD PETERS (Policeman, V 94). I have known the prisoner several years—on Monday, 24th, I saw him in Church-street, Wimbledon—I bad received information from the prosecutor—I went to Bowden's house—I took the prisoner at West Barnes—he said that Mrs. Woolley would not live with her husband any longer, and he thought he might as well have her—these things (produced) were found in the room where they were living.
Prisoner's Defence. The woman brought the things away herself; I did not know what what in the bag; I did not bring anything away from the house; she packed them in the bag herself.
NOT GUILTY .
Before Mr. Recorder.
MESSRS. O' CONNELL and CLARK conducted the Prosecution, and MR. M. WILLIAMS the Defence.
ANN FLAXMAN . I am the wife of William Flaxman, of the Oxford Arms, Duke-street, Lambeth—about two months ago I saw the prisoner there, he asked for a pot of beer in a can, and gave me an address 35, Duke-street, he gave me a half-crown and I gave him 2s. 3d. change—I gave the half-crown to Mary Ann Stevenson.
MARY ANN STEVENSON . I live with my father who keeps the Oxford Arms—about two months ago the last witness gave me a half-crown—I gave it to my father—about ten minutes afterwards I saw the prisoner and saw him again a fortnight after that with a policeman—I then pointed him out to my father.
Cross-examined by MR. WILLIAMS, Q. What is the last witness? A. My aunt, she receives money in the bar.
JAMES STEVENSON . I am landlord of the Oxford Arras—about two months ago my daughter gave me a half-crown, about ten minutes afterwards I saw the prisoner and challenged him with passing this half-crown,
he said that he was not aware it was bad and returned the change—I said in consequence of me and also my wife not being well, he might think himself lucky that I let him go, and I let him go—I kept the half-crown—I threw it on the fire but instantly took it off again, and it left a mark on it—I gave it to l. 126.—I saw the prisoner three weeks or a month afterwards passing by, handcuffed.
Cross-examined. Q. Had you seen the person who passed the coin again till you saw this man go by handcuffed? A. No.
THOMAS HOUGHTON (Policeman, L 115). About a quarter past twelve on the morning of 7th April, I was in Blackfriars-road, and saw the prisoner with another man and woman, I pointed them out to L 177 he folowed them, and I stopped them, they were not taken then—I and L 177 went to a pent-house, 39, New Cut, where they had passed and found these five florins (produced), two out of paper and three in, wrapped singly—I then spoke to L 126 and went back to the pent-house and found another florin—I then went to the station and the prisoner was there in custody—I told him he was seen to throw these under the pent-house, he said he did not know anything about them.
EDWARD DAWSON (Policeman, L 117). On the night of 6th April I saw the prisoner in the New Cut with a man and woman—I saw the prisoner throw away a parcel of some kind under a pent-house in the New Cut, I heard it rattle—I told l. 115 and went with him to the pent-house, I saw him find five florins, three wrapped in paper.
Cross-examined. Q. How far were you off from the prisoner at the time you say he flung the parcel? A. I should think about five or six yards.
WILLIAM MULLINS (Policeman, L 126). In consequence of information from Houghton, I took the prisoner into custody for haying counterfeit coin in his possession, he made no reply, he pretended to be drunk—I received from Mr. Stevenson this half-crown (produced).
GUILTY .—†* Confined Eighteen Months.
MESSRS. O' CONNELL and CLARK conducted the Prosecution.
ELIZABETH PINDER . I am employed at 18, Little Gilbert-street—on 24th April the prisoner came in for a quarter of an ounce of tobacco, and gave me a florin, I put it in the till, there was no other florin there—I afterwards took it out and gave it to Mrs. Vincent; some days afterwards the prisoner came again, asked for half of an ounce of tea and gave me half-a-crown—I recognised him, called my mistress into the shop and gave her the half-crown—the prisoner was taken into custody—the florin was put on the mantel-piece—Mrs. Vincent took the half-crown to the station—I saw the coins both marked—these (produced) are marked in the same way.
MARY VINCENT . I keep a general shop at 18, Little Gilbert-street—I received a bad florin from the last witness on a Monday, and some days afterwards a bad half-crown, 1 took that to the station and gave it to the police, it was marked before I gave it up, this is the same—I put the florin on the mantel-shelf after it had been marked at the station.
it was marked by the inspector in my presence, the florin he had previously marked—the prisoner had three keys and a small bag on him—I told him he would be charged with uttering these two pieces, knowing them to be bad, he said he was at the Spring Meeting on the Monday and Tuesday—I saw him on Tuesday between six and seven in the evening in the Mint, with two other lads—I don't think the Spring Meeting is on the Monday.
GUILTY .— Confined Twelve Months.
JAMES ALFRED MOORE . I keep the Globe at Greenwich—I know the prisoner—about 10th or 11th March he brought me this cheque (produced) and asked me if I would do him a favour, as it was after bank hours, would I give him change for it, I said I had only 5l., he said that that would do to carry him on for two or three days, till he could call for the balance—I gave him 5l., and two days after that he sent a man to ask me not to pay the cheque in, I paid it in, and it was returned with "no account, "the prisoner never came to roe for the balance, he wrote to me to say that he had gone to Reading, I don't know his writing.
THOMAS BERRIDGE . I am a clerk at the Bank of London, Charing Cross Branch—this cheque was presented to me for payment and I marked it "no account"—no person named Pawson has an account there—I believe the prisoner to be the Robert Wear who had an account with us some time ago, he had a cheque-book furnished to him then—I believe this is one of the cheques out of that book (read: "3d March, 1865, cheque drawn by Pawson on the Bank of London, for 14l. 7s., payable to C. Hamilton.")
The prisoner in his defence stated that a man named May who also went by the name of Pawson, had given him the cheque in payment of a debt.
JAMES ALFRED MOORE (re-examined). I had known the prisoner previously, I should not have been willing to lend him the money without any security—I told his wife I would rather have given him a sovereign if I knew they wanted a dinner.
GUILTY on the second count — Confined Twelve Months. There was another indictment far forgery against the prisoner.
Before Mr. Baron Bramwell.
MR. R. N. PHILLIPS conducted the Prosecution, and MR. SLEIGH the Defence.
GUILTY of endeavouring to conceal the birth. — Confined Eight Months.
MR. ORRIDGE conducted the Prosecution, and MR. LILLEY the Defence.
RICHARD NEWMAN . I am a labourer and live at 5, Brittannia-place, Hatcham, New Town—in October last the prisoner lodged with me, the deceased Davis, and a man named Bailey also—they were all labourers, working on the rail way—on Saturday night, 29th October, I was in my room I with my wife, Bailey and Davis came in, they had half a gallon of beer—Bailey said to ray wife that wherever he lodged before, his landlady had always paid for a pot of beer—she said, "I do not mind being a pot to your pot, "they sent for the beer—the prisoner and his wife came in—I
offered the prisoner a glass of beer—Bailey jumped up and said, "I helped pay for that and he shall not have any"—I said, "What is the reason?"—he said, "There is a reason, he shall not drink any of it"—the prisoner said, "Perhaps when this is out the landlord and I can have a pot together"—Bailey said, "I do not say muck about that"—when the beer was out, the prisoner and I sent for another pot, and while drinking it they kept falling out about the beer—the prisoner struck at Bailey and Bailey struck at him again, and caught him on the jaw and fell down in front of the bar, saying, "Oh, my jaw is broken, is there no one that will help me"—I said, "I will not have such a disturbance in my house"—Davis sat in a chair against the window and never interfered at all—the prisoner got up and took the poker to strike Bailey across the head—my wife caught hold of it and said, "I will have none of this work"—I took the poker from his hand and put it down—the prisoner and Bailey shook hands after that and drank togather, and said that they were very sorry for what had happened—Bailey went and sat against Davis who was asleep, and while there the prisoner stood out in the room and was talking a little to his wife, and went out and came back again and stood behind Davis, and I saw his hands come down two or three times sharp, and I saw the blood pour straight out of Davis's head—the three blows came across Bailey's head—I jumped up and said, "Good God, what is the matter?"—I saw Newman map the poker out of the prisoner's hand—Bailey got up and was going to strike me, thinking I had done it, as I stood behind him—the prisoner was then just going out at the door—Bailey ran to the door and called him—they had a fight at the door—I shoved them both out of doors, they came in again and were fighting in the passage—my wife and I got between them and I got the prisoner into the room—he was drunk and could not walk without staggering—Bailey had had too much beer, but was not so much drunk as the prisoner, Davis was much the same, but he had not been in my house, he interfered with nobody—my wife washed and dressed Davis's head—a doctor was sent for; the prisoner remained in his room all night; he was backwards and forwards for a week afterwards—Davis went to work two days afterwards—he was taken to the hospital on the Sunday week after this happened, and died on the Wednesday following—the prisoner came up and saw him before he left, and said, "Poor fellow, I am sorry to Bee him like this, I am sorry it happened, I will go to my ganger and draw a few shillings and give him to help him, "but he never came back any more—while the quarrelling was going on, the prisoner's wife began at Bailey about hitting her husband on the jaw and not letting him have the beer—Bailey said, "What has that to do with you, you Irish w—?"—that was said loud enough for the pri-soner to hear—it must have been twenty or twenty-four minutes after that that the blow was struck.
Cross-examined. Q. Were not the prisoner and Davis always very good friends? A. Yes; just like two brothers, we all four worked at the same job, Davis was a very quiet man—the prisoner has lodged with me seven weeks; I never had a quieter man in the house when sober—Davis and Bailey were sitting close together at the time this blow was struck, not above two feet and a half apart, and their heads were inclining towards each other—I think the prisoner meant to hit Bailey and hit Davis in mistake—this (produced) is not the poker it was done with—there was only one candle in the room.
is it—I did not see the prisoner take it up, but I saw him strike Bailey and Davis with it.
Mrs. NEWMAN. I am the wife of Richard Newman, my nephew gave me the poker, I saw him take it from the prisoner, I put it down, the policeman afterwards had it, this is it—I was in the room from the commencement of the row and saw the prisoner strike the blow, he bit both Davis and Bailey—Davis went to work on the Wednesday and Thursday and then said that he could not go any more, he went to the hospital and died there—he was as quiet and harmless a man as ever came into a house—they were all of them tipsy at this time.
JOHN ANDERSON . I am a surgeon of New Cross-road, Hatcham—I was called in on Saturday about twelve o'clock, and saw the deceased bleeding profusely from a wound on the top of his head—he was covered with bandages which I removed and found a wound of the temporal artery, which caused the bleeding, it was about two inches long and down to the bone—I saw him next morning, and told him he must go to the hospital, he refused to go—I attended him next day and the following day he came and said that he must go to work—I told him he could not he must go to the hospital, he was obstinate and would not go—he got worse each day and on Sunday became insensible—we then sent him to the hospital and he there died—I was present at the post mortem examination—I have no doubt his death was caused by inflammation arising from the injury—this poker would produce the wound.
Cross-examined. Q. Supposing your directions had been complied with, and that he had been taken to the hospital and received proper care and attention, do you think the inflammation would have supervened? A. I think in all probability he would have recovered.
EDWARD REYNELL REA . I was house-surgeon at Guy's-hospital on 6th November when Davis was brought there, he was in a semi-comatose state—there was a wound on the left side of his head, in a very unhealthy condition with the bone bare—he gradually grew worse, and died on the Wednesday from inflammation of the membranes of the brain arising from the wound.
JAMES FOOKES . I am a sergeant in the 1st battalion of Grenadier Guards—on 7th April I saw the prisoner in Hyde-park—my attention was called to him by a man named Reason, who was on sentry at the time—I went up to him and asked if his name was Haviland, he said "Yes"—I asked him if he remembered some five or six days ago a man of that name committing a murder somewhere near Peckham—he said, "I am not the man"—I said, "I shall put you in the guard-room on suspicion, "which I did—he afterwards said to me at the Marlborough police-court, "Mr. Sergeant, you won't get a medal for this, you are too fast."
The prisoner's statement before the Magistrate:—"All I wish to say is, I am very sorry Davis happened to be the man I fait, because he and I were I like two brothers together; the man I meant to hit was the other man who struck my wife, and gave her a slight black eye and called her a b----Irish w----; I am certain she never knew man from woman before she had me—I was drunk at the time and so were we all.
GUILTY of manslaughter.
Twenty Years' Penal Servitude.
MR. PLAIT conducted the Prosecution.
CHARLES AUGUSTUS MULLHAUSER . I live at Albert-cottages, Albert-street, Newington, and am a clerk in the City—about half-past 12 on Sunday morn-ing, 7th May, I was in the London-road—three men came along arm-in-arm and pushed up against me—I said, "Don't be quite so fast"—they said, "If we are intruding, say so, "and I said, "You are, "and I went on till I reached a butcher's shop, I think, where there was a crowd—I was passing through the crowd when my hat was knocked off, and I received several blows with the fist in the face—I saw several of the men, and recognized some of them as the men who pushed up against me—I defended myself—I saw a policeman at the time, but he was engaged and could not help me—while speaking to the policeman, I received several other blows, and was knocked down—while on the ground, I received several blows with the fist, and people were keeping me down—I managed after some time to get up—I felt my watch and chain going—the prisoner was then close to me—I saw him run away—I ran after him, calling "Stop thief!"—a gentleman stopped him, and said, "Is he the real thief?" and I said, "Yes"—I did not lose sight of him till he was stopped—the chain was broken at the end before, and was not fastened in any way, only through a button-hole—it was pulled away—a policeman came up—I gave the prisoner into custody—I heard a sort of crush near where we were standing in Temple-street—we looked about, but could not find anything then.
COURT. Q. Had you ever seen him before? A. No—he was not one of the three who ran against me—it was those three and others who attacked and beat me.
SAMUEL HONEYCOMBS WALTERS . I am a mason, of 2, Richmond-street, Walworth—a little after 12 on this morning I was in Temple-street, and heard a cry of "Stop thief!"—I saw the prisoner coming towards me followed by Mullhauser—I stopped the prisoner, and the prosecutor charged him with robbing him of his watch, and gave him in custody.
COURT. Q. Did you hear any noise of a crash of any sort? A. I did not; but the prosecutor said, "I believe my watch is about here somewhere"—I did not see the prisoner throw anything.
JAMES SHANNON (Policeman, L 145). The prisoner was given into my custody by the prosecutor—he charged him with stealing his watch—the prisoner said, "I am innocent of it"—in consequence of what the prosecutor said, I looked for the watch, but could not find it—the prisoner was given in charge to me in front of a low warehouse in Temple-street—anybody could easily throw anything upon that.
HENRY MULLARD (Policeman, L 16). In consequence of something the last witness said, I went to this warehouse or storehouse in Temple-street, and on the roof found this watch and part of a chain (produced).
GUILTY .— Five Years' Penal Servitude.
MR. SHARPE conducted the Prosecution, and MR. WOOD the Defence.
SAMUEL JEFFORD . I am a labourer, of 6, Brown's-buildiugs, Wyndham-road, Camberwell—on Saturday, 8th April, I was with Riley in the Wyndham-road from half-past 2 to 3 in the afternoon—that is not above six yards from Liepeic-road—it comes out of the Camberwell New-road and the
Liepsic-road; they come to an angle—I could see three parts down the Liepsic-road—I saw a little boy standing in the middle of the road—I saw in the Wyndham-road, a cart driven by the prisoner, loaded with 500 bricks, about twenty-five yards from where the Wyndham-road goes into the Liepsic-road—I saw the cart go into the Liepsic-road—the prisoner was sitting behind—the cart then turned in close on to the little boy—I saw him knocked down by the horse with his off fore-leg, and the wheel passed over his body—I halloaed to the prisoner before the wheel went over the boy—he was sitting behind the cart with his face towards the back of the cart—he was not doing anything, that I could see—he had no reins in no hand—I did not notice the reins, I was noticing the boy—I did not go up after the accident; it frightened me so much that I went back into a beer-shop and had a pint of beer—I could not have picked the child up if an? one had given me l, 000l.—the horse was going at a walk, about three miles an hour—the young fellow would have tried to save the child if he could, but he was rather too late—when I halloaed to him he jumped down to try to save it, but the wheel was over its loins—he ran round to the horse's head, but there was not time enough—two or three men in the lane said, "Go on it is all right,"and he went on—they thought the boy was not hurt—Mr. King said, "Take him home; I do not believe he boy has been run over at all"—they took the child to his father's—Mr. King came again, and ordered him to the hospital, and he died.
Cross-examined. Q. Did Mr. King examine his body? A. No—I was I facing the Liepsic-road in the Wyndham-road, looking down the road—I was on the right-hand side of the Wyndham-road—I know the prisoner well—I had noticed him coming up in the cart before I noticed the boy—I did not see him handling any bricks; he might have been—he was quite awake and sober—he was sitting on the bricks with his elbows on the bricks, looking behind—I had not noticed the boy above a couple of minutes before he was knocked down—he was standing in the middle of the road looking—the horse was coming behind—I cannot tell you what he was looking at—I will swear he was not running across the road; he was standing in the road still—I have known the prisoner to be a hard-working young fellow about that part.
MR. SHARPE. Q. Is Dr. King here? A. No—I know the child to be the son of John Sax by, a labourer.
COURT. Q. You say you know the prisoner? A. Yes, well—he is I respectable, well-conducted man—I never saw him the worse for liquor—he was sober.
THOMAS RILEY . I am a plasterer, of 1, Brown-street, Wyndham-road, Camberwell—I was with Jefford—I saw the prisoner driving a cart full of bricks—I knew the deceased child, his name was William Saxby—I saw him in the Liepsic-road, from twenty to twenty-five yards from the corner, where the Wyndham-road runs into it, I should think—he was standing still, with his back to the horse—before the cart got up to the child I halloaed to the prisoner, and he got down and tried to save the child—I think he got down from the back of the cart, and before he got to the front, the wheel went over the little boy—the horse trod on his foot and threw him down and the wheel went over him—before that, the prisoner was sitting in the behind part of the cart on his left side—he had his face turned towards the side of the cart, away from the child—I don't believe he could see the child, the way he was looking—I did not notice whether he had any reins or not—I can't say one way or the other—he was going at about three miles an hour—he was quite sober.
Cross-examined. Q. How long before the child was knocked down had you noticed it? A. Not above a minute before that—he had been to the pump then—I saw him a minute before, and during that interval he had been to the pump—he was knocked down immediately—it might be a second or two after I saw him, not longer—the prisoner tried all he could to save the child—he expressed his sorrow afterwards.
WILLIAM WOOLNOUGH (Policeman, P 109). On Saturday afternoon, 8th April, about a quarter past 3 I was in the Camberwell-road on duty—from information I received I went to the Liepsic-road—I there saw the prisoner with a hone, and cart—I took his name and address, and then went away—next day I took him in custody—I told him it was for causing the death of a child, that the child was dead—he said, "Very well"—on the way to the station he said he got up behind the cart and moved some of the load back, and he did not see the child—he was perfectly sober.
GEORGE FREDERICK SANKEY . I was house-surgeon at St. Thomas's Hospital—on the afternoon of 8th April the little boy was brought there—I found him in a very low state, suffering from a fracture of the right thigh bone, and of the right side of the pelvis—there were some bruises across the lower part of the stomach—I saw a post-mortem examination made—the organs were healthy—he died from the injuries about half-past 7, four hours after he was brought in—a cart going over his body would occasion the kind of injury I saw.
Cross-examined. Q. What was the nature of the wound, did the limb appear to be crushed? A. No, simply broken—it could not have been done by a kick—it must have been done by something heavier.
JOHN SAXBY . I am a labourer, and live at the Liepsic-road, Camberwell—I am the father of the deceased, William Saxby—from information I received on Saturday afternoon 8th April, I went into the Leipsic-road, about half past 2, and found him there—he was alive then—I followed a man up to Dr. King's—he was afterwards taken to my house, and from there to St. Thomas's Hospital—I was there when he died, at half past 7 in the evening.
The Prisoner received a good character.
NOT GUILTY .
Before Mr. Common Serjeant,
MR. WOOD conducted the Prosecution, and MR. RIBTON the Defence.
THIRZA FINCHAM . I am the wife of John Fincham, of 28, Queen-street, Horsleydown—on Monday, 17th April, I went to the Surrey Dispensary at 11, and left between 1 and 2—I went to a fruit-stall, and took some half-pence out of my pocket to pay for some oranges in High-street, Borough—I left my purse in my pocket—I felt some one taking my purse out, I called out, "That man has got my money,"the man turned round and said he had not; to the best of my belief it was the prisoner, he ran across the street and I ran after him crying "Stop thief,"—I got hold of him, and he turned and pushed me in the face, I was obliged to leave go—he struck me with his fist—I then saw a man named Copeland—I did not lose sight of the prisoner—I had 3s. in my purse—I believe he is the man that did it.
Cross-examined. Q. I suppose you had never seen this man before that day? A. No, I saw him again on the Friday following.
at a fruit-stall; I had seen the prisoner before that, and spoken to him as he went by concerning things he had done—I know him well; I saw him about a quarter of an hour before, with three others, loitering up and down the Borough—I kept my eyes on them—I saw the prosecutrix go up to the barrow, and the prisoner standing on her left side; two of the other men were standing behind her, and one in front—I saw her catch hold of the prisoner; he ran across the road, and the lady had hold of his coat crying out "Stop thief"—some carts stood in the road, which prevented him going down a court at the side of our shop—he turned round, hit the lady in the face and then ran down the court—about two or three hours afterwards the prisoner came and said, "You had better mind your own business and not look after me, or else I will give you a good thrashing for watching us about"—I saw him again in the evening with two others—they came with sticky and stayed for half an hour in the coffee-shop, next door to our shop, waiting for me; I declined to go out—I have known the prisoner five or six years; I could not be mistaken in his identity.
Cross-examined. Q. Are you quite sure it was the same evening he came to you? A. Yes, it was about 3 o'clock, I should think—I have said before, three qr four times, that I saw him the same evening—I do not think I said it before the Magistrate, because they never asked me—I said something about his giving me a thrashing—I know it was proposed before the Magistrate to call witnesses to prove an alibi—I said he had threatened to give mea thrashing on another occasion—I did notgivehim in custody because there were so many with him—a gentleman caught hold of him, but he knocked him down—I am an oil and colourman's assistant; our shopboy was outside in the van, and saw it; he is not here—no one was in the shop when the prisoner came on the Monday evening; he came about five minutes to 9, at I was shutting up—he spoke as he went by—I never said a word to him—I told the shopboy what the prisoner said he would do to me; he said, "Do you mean the one you saw picking the lady's pocket?"—I said, "Yes, the one we had the bother with this morning"—the boy said he only saw him run away, he did not see him pick the lady's pocket—I communicated with the police; I saw Sawyer on the Thursday, coming down the Borough, and said to him, "Sawyer, Driscoll has picked a lady's pocket"—I told him where, and said, "I told the woman to go to the station"—I did not tell him that the prisoner threatened to give me a thrashing then, I did on the Friday, the next day.
LOT SAWYER (Policeman, M 175). On Thursday evening, April 20th, I received information of this robbery from the last witness; he mentioned the prisoner's name, and I took him on Friday evening, about 9 o'clock, in High-street, Borough—I told him he was charged with picking a female's pocket, near Mr. Gainsford's shop—he said, "I know nothing about it"—as I took him Copeland came up and identified him.
Crost-examined. Q. Did you see, Copeland on the Friday? A. Yes, a few minutes before I took the prisoner; he gave information on the Thursday, but I did not see the prisoner until the Friday evening—he said on the Friday evening that the prisoner had just gone up the Borough, and I went after him and took him—I do not remember that he said anything else; I think Cummings said more to him than I did.
MR. WOOD. Q. What did the prisoner say going to the station? A. As I was taking him before the Magistrate he said to his wife, "I am taken for stealing a purse from a lady, say I was at croydon."
Witnesses for the Defence
CATHERINE GIBSON . I am a hawker of fire-screens—I have know the prisoner since he was a boy—last Easter Monday I went down to Croydon at 10 o'clock—I saw the prisoner there between 12 and 1—I heard the town clock strike 12; he was right in the middle of the town, by the town clock—there was a crowd at Croydon; there was nothing particular going on—I remained with him to just upon 2 o'clock—he said he was going to see his uncle, going to get some cards to go to the steeple-chase—I saw him afterwards, with his uncle, just as I was coming to New Cross-station—I have no doubt that it was last Easter Monday.
Cross-examined by MR. WOOD. Q. Were da you live? A. 2, Thomas-street, William-road, Camberwell—I hawk fire-screens about the country—I met the prisoner accidentally—I never met him there before—I am not related to him; we used to live in the same neighbourhood ten years ago—he lives in the Borough now, close to my mother—I do not know his house—I first heard of this last Saturday week, I met his wife out with firescreens; she said he was taken up for something that happened on Easter Monday; I told her I had seen him at Croydon, and they brought me forward to speak to having seen him—I was not before the Magistrate; I was there but was not called.
COURT. Q. You say you were with him from a little after 12 to just about 2? A. Yes; we were by ourselves—we had some ale together.
JAMES DRISCOLL . I am a bricklayer's labourer, and live at Croydon—I am the prisoner's uncle—last Easter Monday I saw him at Croydon, from twenty minutes to half-past 2—there was to be a steeple-chase on the 27th, and he came down on purpose to order some cards to be printed—I ordered them to be printed on the 25th April, the day week after I saw him—I was with him on Easter Monday till a quarter-past 7; he then left me and went by the train to London.
Cross-examined. Q. Was his whole business ingoing down there to get you to get him some cards? A. Yes; they sell at 6d. each—they cost me 5s.—I got two dozen of them—I am a bricklayer's labourer, but when Croydon steeple-chase scome on, I get a few shillings extra by selling these cards—I heard the prisoner was in custody last Wednesday, I believe—my brother came down there, and he told me the prisoner was in custody on suspicion of a robbery on Easter Monday, and I said, "Why he was down at Croydon on that day."
MR. RIBTON. Q. Did he leave you the money for the cards? A. No, I paid it—I paid a sovereign for eight dozen—these (produced) are his two dozen cards; he could not sell them, he was in prison, and I had enough to do to sell my own—he owes me 5s. for them—I do not know Catherine Gibson.
TIMOTHY CORN . I sell oranges about the street—on Easter Monday, Mrs. Fincham bought some oranges of me; I was standing by the Blue-eyed Maid public-house in the Borough—I saw four chaps round her—the prisoner was not one of them—I am quite sure of that—I did not know him before he was a stranger to me—I should know the four if I saw them again—I know the name of one of them—I saw her run across the road after them—I am quite sure the prisoner was not one of them.
Cross-examined. Q. Have you ever been in trouble.? A. Yes, I have been in Wandsworth prison for fourteen days for a row, nothing else, for assaulting somebody in the Borough—me and some more chaps had a row; we were not charged with robbery—I pleaded guilty before the Magistrate
to an assault—I live at Angel-place in the Borough—the woman came back to me and said she had lost her purse, did I know the man—I said I saw the men round the barrow, I did not know what they were after, and she said that I was as bad as they were.
MR. RIBTON. Q. Did the Magistrate fine you for the assault? A. Yes, 5s. or fourteen days—I could not pay the 5s—there is no pretence for saying that it was a charge of robbery.
—He also PLEADED GUILTY to a former conviction; of felony at this Court in June, 1864.— Ten Years' Penal Servitude.
Confined Twelve Months.
ADJOURNED TO MONDAY, JUNE 12TH, 1865.