CENTRAL CRIMINAL COURT
NINTH SESSION, HELD JULY 10TH, 1865.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers to the Queen's Most Excellent Majesty.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, July 10th, 1865, and following days.
BEFORE THE RIGHT HON. WARREN STORMES HALE, LORD MAYOR of the City of London; the Right Hon. Sir FREDERICK POLLOCK , Knt., Lord Chief Baron of Her Majesty's Court of Exchequer; Sir SAMUEL MARTIN , Knt., one other, of the Barons of Her Majesty's Court of Exchequer; Sir JOHN MUSGROVE , Bart., Alderman of the said City; RUSSELL GURNEY , Esq., Q. C., M. P., Recorder of the said City; WILLIAM FERNELEY ALLEN, Esq.; JOHN JOSEPH MECHI , Esq.; JAMES ABBISS , Esq.; and SYDNEY HEDLEY WATERLOW , Esq., Aldermen of the said City; THOMAS CHAMBERS , Esq., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
HALE, MAYOR. NINTH 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 art 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, July 10th, 1865.
Before Mr. Recorder.
MR. F. H. LEWIS conducted the Prosecution, and MR. COOPER the Defence. MARY ANN SIME. I lived at 25,. Starr-street, St. George's, on Easter Sunday, 16th April, the prisoner lived in the same house, in the back-room—she was living with my brother—between eight and nine in the morning I heard "Murder "cried twice—I went into the room in which the prisoner and my brother were—the prisoner had nothing in her hand when I went in—my brother was lying in bed, undressed, and the prisoner was standing up by the sideboard, and she took a great conch shell off it and hit at my brother—it did not hit him, it hit the bedstead and broke it—I said, "Lizzie, do not use such awful weapons, you will do murder"—she said she would kill any b----that entered the room—my husband came to the door at that moment and said to me, "Polly, come out for God's sake, you will be killed"—with that the prisoner took a quart bottle off the sideboard and made a blow at my husband—I caught her arm and broke the force of the blow or it would have killed him on the spot—the bottle hit him on the head and cut his head—he went to the hospital, the nurse dressed his head and told him to come again in the afternoon, but his head did not become worse and he did not go—he afterwards became worse, and died in the hospital on the Friday week after.
Cross-examined. Q. I believe there used to be some quarrelling between the prisoner and the man she lived with? A. I have repeatedly heard words between them, and I have been in to make peace with them repeatedly—they have lived there about seven or eight months—they had one room—this is the shell (produced)—the bottle was a quart bottle used for preserving fruit—the prisoner was very angry—she seemed as if she intended to do murder—she afterwards said she used the bottle in self defence and the shell also, but she deliberately took up the bottle off the sideboard when my husband went in.
EDWARD DILLON (Policeman, 19 K). I took the prisoner into custody and told her the charge—she said, "I am very sorry"—Mrs. Sime said to her, "You have murdered my husband"—the prisoner said, "You have been saying things about me"—I asked her where the bottle was—she said she threw it in the dust-bin, and it was taken away with the dust.
GEORGE WELLER . I am house-surgeon at the London Hospital—the de-ceased came there on 26th April—he had a lacerated scalp wound about an inch long, extending to the bone, and also erysipelas, for which I took him in—it was such a wound as might have been produced by a glass bottle—the erysipelas was recent—he died on the 28th of inflammation of the membranes of the brain supervening on the wound—in other respects he appeared a healthy man.
Cross-examined. Q. There was no pot mortem examination was there? A. No; I had no order from the coroner to make one—he died from coma and delirium caused by inflammation of the membranes of the brain, that arose from erysipelas which extended all over the scalp and face and down the neck; that was caused by the wound.
GUILTY .— Confined Four Months.
ALBERT EDWARD BLACKMORE FULLAGER . I am a butcher at 12, Great Carter-lane—on the morning of 28th June I was walking with my wife and a friend down Fleet-street—I saw some women fighting outside a public-house—I attempted to separate them, and instantly felt a man's arms round my waist, and felt that he had hold of my watch in my waistcoat pocket—I caught hold of the man's arms and never let him go till I got him to the station—it was the prisoner, he—pleaded guilty twice at the police-station—he passed my watch to a woman, one of those who were fighting, but I could not hold them all, there was no one else near me at the time, except the prisoner and the women—there was a large ring cleared for the fight, which seemed to be a regular got up affair.
GUILTY .— Confined Six months ,
The following prisoners PLEADED GUILTY:
655. WILLIAM PERRY (27), and CHARLES PERRY (19) , to Stealing a mare, the property of David Lloyd; also to Stealing a mare, the property of John Hill.— Confined Eighteen Months each. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, July 10th 1865.
Before Robert Malcolm Kerr, Esq.
MESSRS. M. J. O'CONNELL and GOUGH conducted the Prosecution. MR. WARNER SLEIGH defended Smith, and MR. PATER defended Mason.
ALFRED SHELLEY . I am landlord of the Black Horse, Old Boswell-court—on 28th June, about quarter past four, Smith and Mason came with another man who I cannot swear to—they called for a pint of porter and three half-pennyworth of gin which came to 3 1/2 d.—Smith to the best of my belief tendered a florin—I put it in the till where there was only five sixpences, and I gave him three sixpences and 2 1/2 d.—they left, and I then looked at the florin, and found it was bad—I went out and saw the three prisoners in conversation—they passed me, and Cannon stopped at the corner watching the others who went into the Sugar Loaf tavern—I went in after them, and the barmaid showed me a bad florin—I broke it, kept one portion, went out and saw the prisoners together.
Cross-examined by MR. W. SLEIGH. Q. Who paid you for the beer? A. I believe it was Smith, he stood nearest the engine.
Cross-examined by MR. PATER. Q. Have you the slightest doubt who passed the coin? A. It was Smith.
ELIZABETH LICKFOLD . I am barmaid at the Sugar Loaf, Bell-yard—on 28th June Smith and Mason came there between four and five o'clock for two glasses of stout—Mason gave me a florin and took up the change—I put the florin in the till, there was only a few sixpences and shillings there, as I had just given change for a half-sovereign—the prisoners left and I showed Mr. Shelley the florin, he bit it nearly in two, took one piece and gave me the other—I put it on a shelf and called Mr. Clark.
Cross-examined by MR. PATER. Q. How many customers were there in the house? A. About a dozen—I was the only person behind the bar, but I had served them all when the prisoners came in—I know Smith by sight.
Cross-examined by MR. W. SLEIGH. Q. How often have you seen Smith before? A. I cannot say, but when Mr. Clark took that house he came there to do the gas-fitting.
THOMAS OAKLEY (Policeman, 48 F). I took Smith and Mason—they both denied the charge—I received this flurin from Mr. Shelley and the other from the barmaid—they have been in my possession ever since—on Smith was found a 6d. and 2d. in copper, and on Mason a purse, 4s., a mirror, and a fusee-case.
Cross-examined by MR. PATER. Q. Did Mason say that he knew nothing about the coin being bad? A. That he knew nothing about the charge.
Cannon's Defence. I borrowed 10s. of my brother to buy cherries in Covent-garden market, and the policeman came and took me. I never saw Smith till I was taken.
Smith received a good character.
SMITH and CANNON NOT GUILTY .
MASON GUILTY .**— Confined Two Years.
OLD COURT.—Tuesday, July 11th, 1865.
Before Baron Martin.
MR. RIBTON conducted the Prosecution.
LYDIA WRIGHT . I have been living with the prisoner for about a year and a half at Twickenham, at No. 1, Drew's-cottages—I left him on Friday, 12th May, and came to London to see my brother—I went back to Twickenham on the Monday following; I saw the prisoner, and had some conversation with him—I saw him again on the Tuesday—and on Wednesday he asked me when I was coming for my things—at first I declined calling—he said, "Why not say when you will come, and I will leave the key, so that you can let yourself in n—I said I would come on Friday night—we walked up the Hanworth-road together, and went into the Five Oaks, and had some refreshment—he was perfectly sober then—I went to his house at 3 o'clock on the Saturday morning—I found the key, and let myself in—when I went into his room he was in bed—I said, "Asleep, John?"—he said, "Hollo, girl, how long have you been here?"—I said, I have only just come in"—I asked if he had been at the fair—he said, "No, but I heard of you last night—I said, "Yes, I was there"—I laid down on the side of his bed—I did not take my clothes off; I remained there about three-quarters of an hour; I went to sleep very slightly—towards morning I said, "Well, I shall go now, John, before people are about;" and all of a sudden I felt a pressure on my throat—I saw a spot of blood on his shirt—I gave his arm a push, and saw a razor fall from his hand, and the blood was streaming down off me—I said, "Good God, John, go and fetch a doctor"—he said, "I will, girl"—I took up my dress, and pressed it tightly to my throat, and whilst he was putting on his trousers I ran out of the house—the doctor attended to me, and is attending me now—while he was in prison, the prisoner wrote me a letter—this is it—I believe it to be his writing—(This being read expressed sorrow for having committed such a deed, which would never have happened if he had been sober). He was not drunk on the Tuesday or Wednesday—he was sober on the morning this occurred.
HENRY ROBERT CAMPBELL LITCHFIELD . I am a surgeon at Twickenham—I was called to see the prosecutrix on the morning of the 27th May—she was lying on her back outside the door of her house, with a large pool of blood by her side—there was an incised wound across her throat, five inches long, which wounded the windpipe—I applied ligatures, and stitched up the wound, and had her carried up to bed—I attended her for three weeks or a month—she was in very great danger.
JAMES PAYNE (Police-sergeant, V 19). The prisoner was brought to the station about half-past 5 by Roberts—after he had been before the Magistrate he said, "This is a bad job, sergeant"—I said, "It would be as well to say nothing about it; I must caution you that whatever you say will be used against you at a future time"—he said, "Then I have nothing to say"—after he arrived at the station he said he had been drinking for nearly a fortnight; in fact, he had been drunk for a fortnight—he afterwards said, "If she had come in the daytime this would not have happened."
ELIZA DELL . I live in the same house as the prisoner—on the Sunday before this happened I heard him say he would certainly give the prosecutrix a mark that she should carry to her grave—he was sober then—I never saw him drunk that week, but I was only in and out.
Prisoner's Defence. It never would have happened if I had kept from drink—I am sorry for it; it is the first time I was ever in trouble and it will be the last.
GUILTY on Second Count .— Five Years' Penal Servitude.
MR. ORRIDGE conducted the Prosecution.
CHARLES ROBINS (Policeman, E 94). On Saturday evening, 10th June, about half-past eight, I was on duty in High-street, St. Giles's—there was a disturbance among some women—I was endeavouring to take one of them to the station, and while doing do I received a tremendous blow on the right eye which lifted me off my feet—I immediately turned round and caught hold of the prisoner—I saw that he had this life-preserver in his hand; I caught hold of it, but could not get it away from him—I tried to get my staff out, but was prevented doing so—the prisoner kicked me and tried to throw me down—I succeeded in getting up—I drew my staff and struck the prisoner on the bead—the staff was taken from me and thrown over into the churchyard—Honora Collins pulled me by the back of my hair and I had to lift my foot to get her away—the prisoner then struck me on the head with this life-preserver, the scar remains now—I then became insensible, and do not know what occurred afterwards—I bled a great deal and am very weak now—I am still under the doctor's care—I had never spoken to the prisoner or given him any provocation.
THOMAS SPURDING . I live at 12, High-street—I remember this disturbance—on the night of 10th June I was standing outside my shop door, and saw the prisoner draw something out of his breast pocket similar to this, and give the constable a violent blow on the head; it pretty well stunned him the blow was so severe—they then scuffled and fell—I ran for assistance—two constables came up and he was apprehended—the prisoner is quite a stranger to me.
MR. ROSS. I am surgeon of the E division of police—I saw the constable the following morning—his wounds had been previously dressed by my assistant—there was a contused wound on the crown of the head, another severe lacerated wound on the outer angle of the right eye—the face and eye were very much swollen—there had been a third blow on the right cheek, a scratch, and the muscles and skin were very much swollen—he complained of soreness and pain over his body as well—the wound on the top of the head was not severe, it was a starred wound, proceeding in three different directions from a centre—the wound on the eye was down to the bone and very severe—they were such wounds as might be caused by such an instrument as this—he is very weak and ill, and not fit for duty.
Prisoner's Defence. It may be all true what they have stated and it may be all false; I was very tipsy at the time. I have no recollection of it more than a child.
GUILTY on First Count .**— Five Years' Penal Servitude.
FREDERICK WALKER . I am a hair-dresser, at 2, High-street, Lower Homerton—about nine o'clock on Monday, 5th June, I was near the Marshgate, Lower Homerton, with my wife—I heard a child cry, looked round, and saw the prisoner pushing a child through a railing into some water—the child was very restive and prevented her—the railing was about four feet high, it was only one rail—the ditch was bounded by a rail—the witness Paul was watching her, and she rushed a few yards further and again made another attempt, but he knocked her down—I instantly rushed up, and took the
child from her arms, and Paul took the child she was about to push into the water—I asked the prisoner the reason why she wished to do away with her children—she said that her husband was very unkind to her, spending his money in drink, and frequently ill-using her—she said, "You have prevented me now, but there are more chances than one"—she said she intended to drown her children and then herself—she had a fearful black eye, and her nose was cut severely across—she asked me to accompany her home, and I went to her house in Pickle's-buildings, which is close by, within ten minutes' walk—the children were taken up with her—I went into her house, and she had a remarkably clean house—I went for a constable—it was about nine then.
Prisoner. My husband had been ill-using me. I did it to frighten my husband; I send my children to the Sunday school. I was on the high road; my husband was at a public-house near.
JOSEPH PAUL . I live at 3, Abbey-street, Bethnal-green-road—on the night of Whit-Monday, 5th June, about nine, I was near the Marsh-gate, and saw the prisoner with the child she has in her arms and another one which she was leading, and she made an attempt to shove it under the railings—I told her to go home and turned her away from there—she said she would do it, and she went about a dozen yards further and made another attempt—I then gave her a shove and she fell down, and the children were taken from her—some more people came up, and she was taken away—she said she meant to drown them and herself.
COURT. Q. How far was this ditch from the rail? A. Not above six inches—it might be three or four feet deep—it was deep enough to drown a child.
CHARLES FODEN (Policeman, 177 N). On the night of Whit-Monday I met the witness Walker in the street, and went to the prisoner's house with him—I said to the prisoner, "You are charged with attempting to destroy your child, I shall apprehend you"—she said, "Make no mistake, if the young man had not prevented me, I meant to drown the child and myself too"—at the station-house she said, "I should think you are not such a fool as to take notice of me; although I said it, I did not mean to do it, I thought it would have some effect in frightening my old man, as he has been ill-using me."
NOT GUILTY .
MR. POLAND conducted the Prosecution, and MR. COOPER the Defence. GEORGE PEARCE. I live at 6, Bromley-avenue—on 24th June, about half-past nine, I was at the Elder Tree public-house, Crisp-street, Poplar, up in the bagatelle-room—the prisoner was there and a man of the name of Robert Roberts—there was a game at bagatelle going on—there was a stranger in the room shoving the balls about—Lovett said to him, "If you touch them balls again I shall hit you"—Roberts said, "If you hit him I shall hit you, I think you are only a chump of wood"—after that the prisoner and Roberts had a game at bagatelle together—the prisoner then went up into the club room, and about five minutes afterwards Roberts came up after him—they began quarrelling together, and Roberts was going to hit Lovett—the potman went in between them and parted them—Roberts then caught hold of Lovett's coat and dragged him down the stairs—they then went into the street and stripped, and fought—Roberts struck the first blow—the prisoner then rushed in, and chucked him on the ground—he was thrown by
wrestling—I think both of them had had rather too much to drink—Roberts became insensible, he did not rise—a constable was sent fur, and he was taken away to the doctor's.
Cross-examined. Q. This was in the street, I suppose? A. Yes, on the pavement; it was all in a moment that the man fell.
CHARLES HIRD . I am potman at the Elder Tree—on this Saturday night I parted the prisoner and Roberts in the club-room when they were going to fight—I did not follow them into the street—I came out about two minutes afterwards and saw a mob—the prisoner and deceased had just pulled off their coats—I could not say who struck the first blow—I saw them both rush in to one another, and Lovett chucked Roberts to the ground.
Cross-examined. Q. Did you see Roberts fall? A. Yes, and he did not get up again—whether he tripped or not I could not say.
FREDERICK JOHN HAWTHORN . I am house-surgeon at the Poplar Hospital—about thirty-five minutes past ten on the morning of 25th June I saw the deceased man Roberts in our receiving-room, lying on a stretcher, insensible—I examined him, there was a lacerated wound on the scalp and a contusion on the left temple—he died within a quarter of an hour after his admission—I made a post mortem examination—he died from concussion of the brain—I should think a fall against the pavement might produce the wound I found on the temple.
GUILTY.—Strongly recommended to mercy by the Jury .— Confined Two Days ,
MR. HORRY conducted the Prosecution, and MR. RIBTON the Defence.
PATRICK DRISCOLL . I live at Isleworth—I know the prisoner—up to 14th June we were the best friends in the world—about 9 that morning we went to work together at Mr. Nevett's farm at Isleworth—we were hoeing between the raspberries till 1 o'clock—we then went to dinner—we went to a public-house, and had four pots and a pint of beer between the two of us—one woman took a drink out of one of the pots—we got back to work at a quarter to three—we worked for about quarter of an hour—the prisoner then stood up, put his hoe under his left arm, and said to me, "Pat, we are doing too much work"—I said, "No, it was quite late when we came back, and whatever you do don't cut up the plants, or the master will blame us"—he said, "b----you, and the plants and the master too"—he then began speaking about his wife and her mother—we then shook hands—we were not drunk—I was stooping down to pick up some weeds and he said, "Well, Pat, you are a b----liar"—I said, "All right"—with that he took up his hoe and hit me on the side of the head, and cut my head—I put up my hand, and said, "0, Lord, John, what did you do that for?"—he said, "I will have your life this moment"—I ran out to the end of the road, six or seven yards—he followed me, and said, "You might as well stand, because I will have your b----life"—I then received a second stroke on the crown of the head with the hoe—I made straight across the ground—I heard him stepping out after me, and I put up my hoe, making sure he was going to hit me again, and so he did—I received the blow on the handle of the hoe—I did not go much further before I fell down, and he threw the hoe out of his band in the path and said, "You are dead now, you b—"—he ran away—I was confined to my bed, and I am not able to work now.
Cross-examined. Q. You and he were the best of friends up to the time he struck you? A. Yes, and had been as long as I had known him—I never had the contradiction of a word with him—he struck me without any cause—I have been fined 2l. at Brentford for having a drop of drink—I did not hit anybody—I had some words with a publican about some beer—I did not have a fight with a man named Donovan on the Sunday before this happened, nor with Sullivan or any one—the prisoner was fighting with Donovan, and was summoned for it, and they settled it between them—I did not have my head cut on the Sunday—I dare say it is a year ago since I was fined the 2l.—I was never fined before—I did not attempt to strike the prisoner on this day.
WILLIAM GOODAY (Policeman, T 225). About 5 in the afternoon of 14th June I went to the prosecutor's house—I found him insensible—he had two large cuts in the head and his clothes were all smothered with blood—I took the prisoner into custody about half-past 11 that same night—I said, "You are my prisoner, Johnny, for assaulting Driscoll"—he made no reply to the charge.
Cross-examined. Q. Where did you apprehend him? A. Walking through Brentford as fast as he could, with his brother and brother-in-law—he did not seem to have been drinking.
ALFRED BRYAN DAY . I am a surgeon at Isleworth—On 14th June I was called to attend Driscoll—another surgeon had previously seen him—he had two wounds on the back of his head, and one, a more severe one, at the side—he seemed to have lost a good deal of blood—he was sensible at that time, but was in a very weak exhausted state—the wounds must have been produced by some sharpish instrument—I have been attending him up to the present time—he is quite out of danger now.
Cross-examined. Q. Did you examine the prisoner? A. No—I did not see any old wounds on Driscoll's head, or any that might have been inflicted so recently as the previous Sunday—there might possibly have been some under the hair—I did not see any.
GUILTY on the Second Count.— Confined Eighteen Months .
MR. KEMP conducted the Prosecution.
JOHN BOWDELL . I live at Stroud's-vale, Clerkenwell—I know the prisoner quite well, I brought him up from a boy—on the night of 9th June, between 10 and 11 at night, I was near my own place—the prisoner came up to me and we were quarrelling about a few words that had occurred in the morning, some tittle tattle about the women—the prisoner heard me talking to another party about him, and he said I was telling a lie—I said, "if I am telling a lie ask the woman whether it is a lie, or whether it is the truth"—the witness, Mrs. Masters, said, "I am quite prepared for your wife now"—with that he came and said, "I don't want women to fight, I will fight you"—he put his fist in my face as a kind of challenge—I accepted his challenge, and hit him, and we both fought together in the court—we fought one round, and in the second round I felt a heavy blow in my head, where it came from I do not know—I became partly insensible—on recovering I felt blood—I believe I bled a great deal—I went to the hospital—I was sober, and I believe the prisoner was—it was very dark—it was all through the women that this occurred—I have known the lad from a child,
and brought him tip out of the streets, ten years ago—he is about eighteen years old, and was married just before faster—he was in the height of passion at the time—I fought him fair—I saw nothing in his hand—we both tried our best with one another.
Prisoner. Q. Did not you say, "Why don't you pay the shilling you owe me?" A. There was a row about a shilling.
MR. BRYAN. I am resident surgeon at the Great Northern hospital—the prosecutor came there about a quarter to 11, on the night of 9th June, bleeding profusely from a wound in the temple—an artery was severed—it was a very dangerous wound—he was wounded in other parts of his body—I made out eleven wounds and his wife discovered three others since, those were mere scratches—they must have been done with a sharp instrument; an ordinary clasp-knife would have done it—four of them were considerable wounds, very deep, the temporal artery was cut in two places—he must have lost a great deal of blood, there was a track the whole way from the hospital to Stroud's-vale.
ELIZABETH MASTERS . I live in Stroud's-vale—I know the prisoner and prosecutor—I remember their quarrelling on this night, and afterwards saw them fighting—I saw the prisoner strike the prosecutor—he was jobbing at him—I did not see anything in his hand, I was close against him—I did not hear him say anything then—when he went up to him he said, "If I was your weight and site I would fight you"—after the fight I heard him say, "You b----sod, I have done for you"—the prosecutor bled dreadfully—that was after the prisoner made use of that expression.
Prisoner. Q. Did not you say to me, "Go and fetch your b—wh—of a wife, I am ready for her now?" A. No; you said, "If you want her, I will go and fetch her"—then were only you two fighting.
Prisoner's Defence. When I got married I took Bowdell's back-room; we had no money, and I borrowed a table and chair of him; we were there nine weeks; we had a quarrel this morning, his wife had a row with my wife, and she said I should not have the use of their things any more; that caused him and me to have words. There were five or six saw the whole of it, but they have been persuaded to keep away.
GUILTY of unlawfully wounding .— Confined Twelve Months .
MR. MOIR conducted the Prosecution.
EMMA BANKS . I am the prisoner's wife—he is a bricklayer, living at 86, Upper Whitecross-street—on Saturday, 9th May, About half-past 9, he had gone to bed—I was in the back parlour reading—he came down and asked when I was going to bed—I said, "Presently"—he put out the gas, and I relighted it three times—I don't remember any more after that—I don't remember any blow being given me—when I became conscious again I was in the hospital—he had treated me very kindly before this, when he was not in liquor—he had been drinking that day—we had had a few words in the morning; I can't recollect what about.
Prisoner. Q. Do you think it would have happened if I had been in a proper state? A. No; you have been down stairs on previous occasions—I know what happened in that room.
CAROLINE JAMES . I am single, and live in the same house with the prisoner and prosecutrix—on 9th May, about half-past 9 o'clock, the prisoner came up to my mother's door and knocked, and told us to go down stairs for he thought he had done it this time—I went down, and saw Mrs. Banks in one corner of the room, by the fire-place—her hair was all down over her shoulders, and she was smothered in blood—I asked her if I could do anything for her, and so did the prisoner—she did not answer for a minute—she then said I could do nothing for her—I got some water, but she would not let me touch her head—I asked the prisoner what he had done it for—he said he did not know—I asked what he had done it with—he picked up the poker and gave it to me, and said, "This is what I have done it with"—I then went with Mrs. Banks to the hospital—this is the poker (produced)—he said as he threw it down it broke.
WILLIAM SALTER ECCLES . I am house-surgeon at St. Barthlomew's hospital—on 9th May last the prosecutrix was brought there—her face was covered with blood, streaming down from wounds on the head—I examined her head, and found eight severe wounds—at the bottom of three the skull was broken, and in one the skull was driven in; one of her fingers was very badly bruised, and a ring on the finger was bent in—this poker would be just the sort of instrument to produce the wounds—she had no other bruises—she has been in the hospital since 9th May, and she is not now out of danger—she still has some dead bone in her head.
MAXWELL ALLINGIIAM (Policeman, G 15). On 9th May, about ten minutes past 11, a woman came up to me in Whitecross-street—in consequence of what she said I went to the prisoner's house—I found Mrs. Banks lying on the floor with her head against the cupboard, bleeding very much from the head—I took her to the hospital, and sent the prisoner to the station—he said he did it, and he was very sorry for it; if she died he supposed he should be hanged—he did not appear to be the worse for liquor at that time.
The prisoner's statement before the Magistrate: "I have this statement to make, that I was not conscious of what I was doing this night, and I had not been right for some days; occasionally I am not to say answerable for my actions. On the Sunday afternoon I told my wife not to leave me, as I thought something would happen, and I cannot be left by myself, such awful things come into my mind since I tried to make away with myself, especially in the room where I committed the rash act. I bad a fall four or five years ago, and the least excitement I am not conscious of what I am doing; I am obliged to take liquor before I can go on with my work; I am very nervous; my mother was in an asylum, and my father made away with himself; my wife knows it; I have often told her never to take any notice of what I say; my son has very often found me crying, and he has asked me what I have been crying for, and all I could do I could not make it out. Since my wife hit me over the head I lost so much blood, I have been worse; while I was leaning over the basin my wife came behind me and said, 'You b----thing, I will do it for you before many hours are over; you b----, I have got you now, and I will pay you; you will faint soon, and you will want some brandy and water. 'I can't account for the action on this night, or what I did; I had been drinking in the day, and cannot recollect what I did on that day, and hardly on the next day."
Prisoner. I do not wish to say anything more; her friends do not wish to have me punished, for none of them have come against me.
The prisoner's employer gave him a good character.
GUILTY on Second Count. Five Years' Penal Servitude.
MESSRS. METCALFE and PATTESON conducted the Prosecution, and MR. SERJEANT TINDAL ATKINSON with MR. LUMLEY SMITH the Defence.
MATTHEW JOHN DIXON . I am a clerk in the Post-office Savings Bank—on 26th June, this notice of withdrawal came into my hands in the course of my duty (read: "24th June, 1865,1 hereby give notice that I wish to withdraw 3l. from my deposit-account, and request that a warrant may be issued for the above-named sum, and made payable to me at the Regent-street Post-office. Zulieka Smith, 16, Dean-street, Soho")—in consequence of that I made out this warrant (read; "Pay Zulieka Smith 3l. on production of her deposit-book, and satisfying you she is the person entitled to the same. A. MILLIKIN. comptroller"—depositor's receipt, "I hereby acknowledge the receipt of the above-named sum. ZULIEKA SMITH")—I inclosed that in this envelope (produced) addressed "Mad. Smith, 16, Dean-street, Soho"—I sent that envelope by post, attached to the warrant, on the 26th, together with this letter of advice.
WILLIAM TAYLOR . I am a letter carrier in the Western district—I deliver letters in Dean-street, Soho—on the morning of 27th June last, I was on duty—I delivered this letter at No. 10, Dean-street, the Ear Dispensary—I dropped it into the letter-box.
Cross-examined. Q. Have you ever left letters there with any other initials than "H."Smith? A. I do not recollect—(looking at one) I have no recollection of delivering that; I may have done so—I know the name of Smythe there—I have left letters in that name.
ALFRED WILLIAM EARL . I am assistant to my father, who keeps the Post-office in Regent-street; it is also a Savings' Bank office—on 27th June I received this letter of advice—the prisoner afterwards called and presented this order; it was not then signed—he made no remark, he merely presented it—I told him to sign it—he then signed it in my presence as it is now, "Zulieka Smith"—I then asked him for the deposit-book, which must be produced to compare the signature—he said he had not got one—I asked him where he got the warrant from—he said it had been sent to him anonymously—I then remarked to him that the signature was a forgery, and I should report it at the chief office—I knew the depositor, Miss Smith; she had called that morning to make some inquiries—I asked the prisoner for his name and address, which he gave me—he also gave me the envelope—I made this pencil memorandum on it, "Mr. H. Smith."
Cross-examined. Q. You knew at the time he came that Miss Smith had been there that morning? A. Yes—I did not read the warrant before it was signed—there is a little window through which I take the information; I was inside the window and he was outside—he presented the order through the window, and I said, "Sign it"—I did not give him a pen to do so; there was a pen at the desk—I have no recollection of saying "Why, it is a woman's name"; I think not—I said, "Do you know what you have done?"—I don't recollect his saying "No"—I will not take upon, myself to say whether he did or not—I believe I said, "Why, you have committed a forgery"—he made some remark; I can't recollect what—I would not say
he did not say, "Good God, you don't say so"—I asked who ho was, and where he lived—he said, "My name is Smythe, and I live at 10, Dean-street"—I did not attempt to prevent his leaving at that time—I communicated with the Post-office by the next post—this was on 28th June—he was taken into custody on Tuesday, 4th July—I was with the officers when ho was taken, at 10, Dean-street; the Ear Infirmary—I believe he is secretary there—I found him there, at his duties—at the time I told him to sign the warrant it was not in my hand; it was on the desk—it was about a quarter or half-past 2 o'clock—he was rather agitated when he left—there was nothing about him that struck me as peculiar.
ZULIEKA SMITH . I live at 16, Dean-street, Soho—on 26th June last, I had a deposit account with the Post-office Savings' Bank—I signed this notice of withdrawal—the sign at ore to the warrant is not mine—I never gave any one authority to sign my name for me—I went to the Regent-street Post-office on the morning of 28th, and made some inquiries, as I had not received an answer from the Post-office.
GIDEON CROCKER . I am a police-constable attached to the Post-office—this matter was reported to me, and I went in search of the prisoner on Saturday, 1st July, to 10, Dean-street—the prisoner was not there—I was informed he would not be there until the Tuesday—I went again on the Tuesday, about 11 o'clock—Mr. Earl pointed him out and I went in—he asked me if that was my first application, supposing I had come for assistanoe—I told him, No; I had come upon quite a different matter, I had come from the Post-office, and that he was charged with presenting a Post-office Savings' Bank warrant for the payment of 3l., and with forging the signature to the warrant of Zulieka Smith—he told me I must stop till 11 o'clock, he could not go then—I said I could not wait; he must go with me at once—he said he was very sorry; he could not think what had caused him to do it—on the way to the Post-office he asked me what I thought would be the result of it—I told him I could not answer that question; it rested entirely with the authorities—when at the Post-office he stated that had he got the money he should not have spent it; he should have kept it to have seen whether any inquiry would be made.
MR. SERJEANT ATKINSON called the following writnesses for the Defence.
WILLIAM HARVEY . I am surgeon at the Ear Infirmary, 10, Death-street, Soho—the prisoner is secretary to that infirmary, and had been so I think about thirty years—I have known him personally for eighteen years—his duties were to receive letters and donations, and conduct the correspondence, also to make out the accounts and submit them to the managers—he had always discharged his duty in a proper manner up to within the last mouth or six weeks—I have noticed a very considerable change in him since that; generally speaking a want of power in his recognising individuals and a want of attention to his duties; in fact, a general break-up of mind and body—I have had considerable experience as a surgeon, independently of diseases of the ear—I have noticed eccentricities about the prisoner; incoherence of language occasionally, and particularly a want of cleanliness in his person and dress—that was quite contrary to his previous habits—I have noticed fits of passion once or twice, but they have generally been curbed in my presence—that was very unusual with him—I have noticed forgetfuluess of names and great bodily debility, weakness, and falling away in his person, a lassitude with regard to his duties, and a peculiar infirmity in his walk—previous to that ho was in the habit of rendering his accounts in a proper and intelligible way, but since then his calculations have been
frequently wrong, the figures were right when properly calculated for him—I have had in consideration whether he should be removed from the situation—from what I observed I think he was most likely suffering from brain disease—the obscurity is very great in such cases, but they were very much the marks of softening of the brain—I know that he had a weakness in his lungs, and generally speaking the pectoral apparatus was weak, but I did not examine him—that would still less enable him to struggle with mental disease—I believe about twelve years ago he purchased a commission in the corps of gentlemen-at-arms—I know he belonged to the corps.
Cross-examined. Q. How long is it since you observed anything of this kind? A. About six weeks back—I could see no reasonable cause for it—I observed no tendency to drink—I had no suspicion of that kind—the effects I have discovered might arise from that cause, and probably would—I should not infer it in this case—I know he was not inclined to drink; he had no vice that way—he never drank in my presence—I saw Crocker, the officer, after the prisoner was taken into custody, and I mentioned to him Unit I thought the prisoner a weak-minded person, and that he had become so within the last six weeks or two months—I should imagine from the condition he was in that he was not aware he was not signing his own name on this occasion—he was forbidden to make up bis accounts recently—he was always checked—I permitted him to do it—I do not mean to say that he did not know his own name, but I should not be surprised in the hurry of signing this cheque that he did it in a hap-hazard way.
COURT. Q. Do you think that he did not know that he was not signing Henry Smythe? A. I will hardly go so far as that.
MR. SERJEANT ATKINSON. Q. Did he appear, when he was discharging his duties, to be a man inclined to drink? A. Never; if he had I think I should have detected it—I did not discharge him, from his general previous good conduct, and I expected daily that his debility would prevent us the pain of discharging him—he was due at the office two days in the week, Tuesdays and Fridays.
JURY. Q. Are you acquainted with the fact that the prisoner was in the habit of receiving post-office orders for the benefit of the dispensary requiring his endorsement? A. Up to within six weeks he always did so.
ALLEN DUKE . I am a general practitioner at Norwood—T have known the prisoner for about nine months, and have attended his family—his wife keeps a large ladies' school at Ellesmere-house, South Penge—on 17th June, about 11 o'clock at night, I was called by Mrs. Smythe to her residence—I found the prisoner running about the house in a very excited state, refusing to see me, and reproaching Mrs. Smythe for sending for me—he was en-deavouring to make his way out of the house by the doors, which were all securely bolted—he was shaking them violently, and finding they resisted him he went to several of the windows and tried the same plan—he was so violent that I thought it would be unwise forcibly to restrain him—he said that his children did not care for him, and he seemed annoyed and irritated—I remained with him for an hour, and soothed him, and eventually got him to bed—as he went up stairs he broke into a violent fit of crying—I do not think this was the result of drink—I wrote to his brother.
Cross-examined. Q. Did you treat him at all? A. I suggested his taking a sedative, but be would not—I did not go again after that—his wife told me he had been in that condition before—I remained with him an hour, and then went home, telling Mrs. Smythe to send for me the following day if he was not better—I had never seen him before professionally, nor have I
attended him since—I could only judge what the excitement was from; from what I was told—it did not appear at all like delirium tremens—he appeared to me like a man suffering from mania; he did not go on like a man that had delirium tremens; he had none of those visions that men have that have delirium tremens—there were no delusions—I do not think he was altogether conscious of what he was doing—he was violent, because he was excited, that was all.
EMMA MATILDA CLARK . I am a teacher in the school kept by the prisoner's wife, at Ellesmere-house, Penge—I have resided there just a year—during that time I have noticed peculiarities in the prisoner's condition—about the 17th June, I remember his having a paroxysm, as I supposed, but it seemed more like weakness of mind—I went one day into the dining-room and found all the chairs piled on the table—I heard him there, and saw him leave the room—that is about a fortnight ago—on the evening of 17th June, I heard a great tumult up stairs—I saw very little of what happened, Mrs. Smythe went me for Dr. Duke—I heard some one rushing about up stairs—the prisoner rushed into the school-room, and said he wished to throw himself out of the window, but he could not get it open—he was in the habit of bringing home parcels of sweetmeat and putting them away in a cupboard, which no one used but himself, and I have found them there in a state of rottenness, soiling the rest of the parcels in the cupboard—there were a great many newspapers and other papers there—I have noticed a strangeness about him since February—he often slammed the doors very violently, in a strange way, and I have seen him muttering to himself in a very strange way—I could not understand what he said—he was different to what he was before—I have noticed a great loss of memory in respect to dates and names—there was a concert at the house in June, and I saw him come into the room, stare wildly nil round upon the company, and then leave the room—he was dressed in an old coat that he usually wore at home, with the pockets stuffed full of papers, which could be seen through the holes of the pockets, and the sleeves of the coat were torn so that you could see his shirt-sleeves—I saw him go up stairs to bed—he rushed up as if he had been provoked very much and was angry—there had been nothing to provoke him that I know of.
Cross-examined. Q. I suppose there are a great number of scholars in the house? A. Yes, about twenty-five; some of them are grown-up girls—there are three servants—the prisoner was not generally violent—on these occasions he was very violent—he took no part in the establishment—he did not keep the accounts, or anything of that kind—he was not always certain as to his time of going to business—he usually went away on Tuesdays and Fridays, about half-post 8, at other times between 9 and 11—he went to London every day to the Ear Infirmary, but he went earlier on Tuesdays and Fridays—he was not in the habit of drinking at all that I know of—I did not take my meals with him; when I first went there, I usually had my supper with him, but not since January or February, he always dined alone when ho came home—he had his tea and breakfast with his wife, and sometimes when she had supper with us he always supped alone—the servants would wait upon him.
ANN HALL . I am a widow, and have been cook in the service of Mr. and Mrs. Smythe, at Ellesmere-house, four months—on 17th June, late at night, my mistress called me—I went up to her bedroom—the master was very violent, and it took my mistress and me to hold him—he fell on the floor, and mistress ran down stairs to get assistance, thinking he had fallen in a
fit—he jumped up and went to go out of the window—I know he would have done so if I had not caught him in my arms and thrown-him on the bed—(he went to make away with himself before by hanging himself; I saw the rope on the bed)—he wrenched my arm, and it pained me very ranch—after that he ran down stairs in hid shirt and trousers and opened the hall-door to go out to throw himself in the canal—the canal is just by the house—his things were very nearly torn off his back by our holding him in the room—the did not say anything to me about the canal—I have observed a good deal in his manner lately that was very odd, that I never knew a gentleman do—when he come to do anything he would not do it in a proper manner; he would do it quite as if he was not in his proper mind—he would go and draw up the clock, and shake the mats by the hall-door, very different to any one else—I have seen him in a depressed state, and crying, two or three times—I could not see any cause for it—he was not given to drink—I never saw him drink anything more than his beer for his dinner—he would clean the windows on a Sunday, which was not a proper thing.
Crow-examined. Q. Did you know of any cause for his being so violent? A. No; I, never heard him and mistress have a word—I drew his beer for his dinner—it was kept in the cellar—the housemaid took it to him—there was no wine in the cellar, nothing but beer—no brandy or spirits—none was sent for—I never saw him drink any liquor—nothing was sent for, without it was a bottle of ginger-wine.
DR. HARRINGTON TUKE . I have had considerable experience of mental disease—I have made it my peculiar study for more than twenty years—I had an interview with the prisoner in Newgate on 7th July—he did not know who I was; I wished he should not know—I heard him describing to his solicitors the nature of the offence that was charged against him, and describing much in the same way that the witnesses have done to-day what occurred—his account, though coherent, was childish in its simplicity, and it was clear to me, from the whole tenor of his conversation, that his brain was in a state of weakness, although I knew nothing of the previous history of his case; yet from the physical symptoms, from the way he told his story, and from the fact that he was unable to answer a simple question in arithmetic; such for instance the interest of 500l. at 5 per cent—I doubt whether he knew the difference between his own age and that of his brother, who is five or six years older; but he was very anxious to convince me that it was natural to him, that he was not in the least deranged—he said, "They want to say I have softening of the brain, but it is nothing of the sort"—I discovered what was to my mind indubitable evidence of organic brain disorder; and since then I have heard other physical symptoms detailed, which corroborate my opinion—he had infirmity of gait, slight stammering, dilatation of the pupil of one eye, which is a general accompaniment of incipient brain disorder, and which, taken with any delusion or eccentricity, or sudden change of conduct, is almost invariably a symptom of disease of the brain.
Q. Would an attempt at suicide be a symptom of such a disorder? A. In this particular form of organic disease of the brain, almost any folly or act of outrageous stupidity would be natural enough—it is impossible to lay down any rule.
Cross-examined. Q. From the symptoms you observed, you thought there was weakness of mind? A. I think there is organic disease of the brain—there is a distinct weakness of mind—from what I have heard since, there appear to have been suicidal attempts—there is weakness of
mind, such as a man of his age and position should not have—ho has the mind of a child apparenty—one-half of the lunatics that are under my care know right from wrong—no one in this world can answer the question whether a lunatic, at the moment he does a wrong act, knows right from wrong—I believe ho known it now—everybody may be labouring under some delusion or weakness—I only saw the prisoner once, and that in the presence of his two solicitors—my visit was about an hour—I afterwards met Dr. Duke on the subject, and had a conversation with him—I have seen no one else.
MR. SERJEANT ATKINSON. Q. I think you say you are enabled to pronounce an opinion as to the weakness of mind from the physical symptoms you have detailed? A. I am quite sure it was the result of disease—if I had not found disease I should still have thought there was weakness of mind, but with that I am sure of it—organic disease produces the symptoms I have detailed.
NOT GUILTY .
668. JAMES KELLY (23) , Burglariously breaking and entering the dwelling-house of Thomas Pownell Boultbee, and stealing therein 1 pair of boots and other articles: Second Count, Feloniously receiving the same.
MR. SHARPE conducted the Prosecution.
THOMAS LONG . I am servant at the London College of Divinity, St. John's-wood—on 24th of last month, I went to bed about 12—I sleep in the college—I and my wife occupy the kitchen of one of the houses—there are two houses—all the doors of my house were fastened—the clothes I took off I put on a chair by the bedside—the next morning I mussed them—the matron called me between 6 and 7 in the morning—I went out after finding my clothes had gone, and I saw the window of the larder open, and saw an old pair of shoes inside on a hamper—on going back to the kitchen I missed my college-coat, and another coat of my own—I also missed five little fancy boxes, which were about the kitchen—these boots and braces (produced) are mine—they were safe on the 24th—I don't know whether this larder window was open or shut the night before—it was not under my charge.
JULIA DOCA . I am matron of the College of Divinity—on the evening of 24th June, I closed the larder window at 10 o'clock—I fastened it with a bolt—I found it open before half-post 6 the next morning—I was up before 6—I did not hear any one—I was not far off—I saw a pair of shoes, and found a bunch of keys and a pocket-book—I missed these cloths (produced)—they belonged to the college—the mark of the college is on one of them—I last saw them safe on 24th.
JAMES BROOKS (Policeman, S 79). On the morning of 25th June, at ten minutes post 6, I was on duty in the Avenue-road, and saw the prisoner with a basket under his arm, and a red handkerchief over the top—I asked him what he had got there—he said his own property—I asked him where he got it from—he said, "About a mile back"—I said, "You know you have not got a place of your own"—he said "That will do for me, "and I took him to the station-house—I found on him this brooch and two towels, which had been identified.
Prisoner's Defence. I was in Woolwich on the Sunday, and on the way to London I exchanged a pair of military boots for these things. I know nothing about the burglary; I did not know the things were stolen.
GUILTY on the Second Count .— Confined Nine Months .
The following Prisoners PLEADED GUILTY:—
669. WILLIAM MASON (17) , to Burglariously breaking and entering the dwelling-house of John Burgess Knight; also to a former conviction in the name of Thomas King, in 1864. **— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
670. GEORGE SMITH (42), and WILLIAM SMITH (26) , to Burglary in the dwelling-house of John Freeman, and stealing two coats and other goods, his property, after previous convictions.— Ten Years' Penal Servitude each. [Pleaded guilty: See original trial image.] And
671. JULIUS AMELUNG (21) , to two indictments for Stealing 24 handkerchiefs, 90 yards of silk, 64 yards of velvet, and other articles, the property of George Rawlinson and another, his masters.— Confined Eighteen Months. [Pleaded guilty: See original trial image.]
NEW COURT.—Tuesday, July 11th, 1865.
Before Robert Malcolm Kerr, Esq.
The following prisoners PLEADED GUILTY :—
They received good characters.—PRENDERGAST.— Confined Eighteen Months.
CARMAN.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
MR. M. J. O'CONNELL and MR. LUMLEY conducted the Prosecution.
GEORGE TILLEY (Policeman, 643). On the afternoon of 23d June I saw Lewis standing in front of the Mansion-house—I watched him—Montgomery came up—Lewis joined him—Montgomery went and looked into the Three Colts public-house, London-wall—Lewis was close to his side—he did not go inside, he only pushed the door open and looked in—they crossed over the road—Lewis went into the Plough public-house, in Fore-street—Montgomery stood on the other side of the road waiting—I had a young man with me; I sent him to the public-house to see what he was doing—Parry laid hold of Lewis and I took hold of Montgomery—he was rather violent—he dropped a florin—with the assistance of another officer I took them to the station—they were searched—on Lewis was found a shilling, two sixpences, a four-penny-piece, and a halfpenny; on Montgomery seven shillings, seven six-pences, two threepenny-pieces, two shillings in copper, and a pair of stockings—I received the coin from Parry that he picked up when he laid hold of Lewis—I received another from Mrs. Dickson—I produce another, which I received from the barmaid of the Plough.
Montgomery. Q. Did you take any one else in custody at the same time you took me? A. You were talking with a convicted thief, and I thought you would pass some bad money to him—ha had not been in the company of Parry and myself.
—he paid a florin—I gave him the change—I put it into the detector—a young man came in and spoke to me—the prisoner had just got outside the door—I looked at the florin, found it was bad, and gave it to the policeman.
HENRY PARR . I live at 190, Church-street Shoreditch, and am a clerk in a commission-office—on 23d June I was with Tilley, and saw Lewis; be waited about opposite the Mansion-house for some minutes, till Montgomery came, and they went up Moorgate-street—I followed Lewis into the Plough—he called for half a pint of ale, and put down a florin—he received the change and went out—I spoke to the barmaid; she looked into the tester, and found it was bad—I went out, took Lewis, and found Montgomery in custody with Tilley—he resisted—I saw him drop a florin; I picked it up and gave it to Tilley—Lewis dropped a florin; I gave that to Tilley.
ELIZABETH CLARK . I am barmaid at the Albion public-house in Bucklersbury—on 23d June, between 3 and 4, Lewis came in for a glass of ale—he gave me a florin—I found it was bad, and gave it to my aunt; it was broken in half—I took back the ale and he left—I saw my aunt afterwards give that florin to Mr. Tilley—I am quite sure Lewis is the man.
Montgomery's Defence. Lewis is a perfect stranger to me. I had been to Thames-street, and sold a rum-puncheon for 11s. I looked into the publichouse to see if they had any casks for sale, which generally stand in front of the bar. I did not drop a florin.
LEWIS.— GUILTY .
MONTGOMERY.— NOT GUILTY .
GUILTY . He was further charged with having been before convicted of a like offence in December, 1860, sentence Four Years' Penal Servitude; to this he
PLEADED GUILTY. **— Seven Years Penal Servitude.
MESSRS. M. J. O'CONNELL and LUMLEY conducted the Prosecution, and MR. COLLINS the Defence.
ELEANOR GILCHRIST . I am the wife of William Gilchrist, who keeps the Royal Oak, Hatton-garden—on 27th May, the prisoner came in for a pint of beer, which came to fourpence—he gave me a florin—I tested it; it bent immediately—I called my husband's attention to it, and put it on the shelf—it never went into the till—the prisoner said it was all he had received for ten hours' driving a cab—I believed his tale—he remained in the house for an hour or two, and paid with good money.
Cross-examined. Q. How long had you known him? A. A few months, as a customer—I always heard him well spoken of.
WILLIAM GILCHRIST . I keep the Royal Oak—I saw the prisoner there on 27th May, and received a bad florin from my wife—I told the prisoner it was a badly made one, and would not do for me—he said that he took it from a swell for driving a cab the day before—I refused to give it him back; and put it on a shelf—he was perfectly sober—on Tuesday, 6th June, I followed the prisoner to the Rose public-house, Mr. Coleby's—I took this coin with me, and waited outside till I saw a policeman, Groves—he went in at one door and I at the other—the prisoner was there, and I said, loud enough for him to hear, "Mr. Coleby, has this man given you any bad money?"—
he said, "Yes, two bad florins"—I said, "I have got one that will match them, "and gave the prisoner in charge—I have known the prisoner some time, and knew his father for years; he bears a good character—there were two others with the prisoner, who ought to be here—he was not so drunk as when he first came to me—he had been in my house that day half an hour before, but was so drunk that I refused to serve him.
WILLIAM COLEBY . I am landlord of the Rose, in Ilatton-garden—on 6th June, the prisoner came there for a pot of beer, and gave me a florin'—I gave him change, and put the florin on the side of the bar—five minutes afterwards he called for a quartern of gin, which came to 5d., and offered me another florin, which I immediately saw was bed—I told him so, and asked for good money for it, which he refused, and threatened to punish, me—I sent for a constable and gave him in charge.
Cross-examined. Q. How many people were in the bar? A. A great many—the prisoner came in with a man and woman, who drank with him.
ROBERT GROVES (Policeman, G 161). I went with Mr. Gilchrist, and took the prisoner—he was told the charge in my presence, and said that he was not aware the florin was bad, and wished it to be returned to him—I found on him four shillings, six sixpences, one groat, and 1s. 5 1/2 d., all good—I took him through Christopher-street and laystall-street, over a grating, which has since been pointed out to me by Jones, who gave me another florin about 8 o'clock that evening.
Cross-examined. Q. Did not you pass over more gratings than one? A. No—I have known the prisoner between seven and eight yean—he formerly worked at Mr. Drew's, the builder's, which is opposite this grating.
THOMAS JONES (Policeman, B 165). On 6th June I fetched Mr. Conway, belonging to the Board of Works, who took up a grating opposite Mr. Drew's, in Christopher-street, took out's some mud, and found a florin, which I marked and gave to Groves, who I afterwards took to the grating.
GEORGE CONWAY . I live at 6, Queen's Head-court, Gray's-inn-road, and am in the employ of the Metropolitan Board of Works—I opened this grating in Christopher-street, found a florin, and gave it to Jones.
Cross-examined. Q. Is the one given to Mr. Gilchrist of a different date to the others? A. Yes.
MR. COLLINS called
HENRY ROBINS . I am a wheelwright, of 7, Jerusalem-court—I have known the prisoner three years—on Whit Monday I went with him to the Rye-house—he changed a sovereign there, and got six florins two half-crowns, and some small change—I saw the florins given to him—that was on the day before this.
Cross-examined by MR. O'CONNELL. Q. Who did he get the change from? A. From the barmaid—he had a pint of ale—he put the change into his trousers-pocket; it was 19s. 6d. altogether—I work at 19, St. John-street, Clerkenwell—the prisoner worked at Benson's, a watch-shop on Ludgate-hill, and at Drew's, a carpenter's and shop-fitter's—I know nothing about his driving a cab—I believe he had been laid up for the last three or four months, but he was well on Whit Monday—he did not tell me what work he had been doing and I made no inquiry—I saw him on the Saturday and Sunday before—he was working or Mr. Benson's before Christmas; I do not know what he been since—he has been in the hospital. No. 1,
Bartlett's-buildings, Holborn, for consumption—I have been there with him to get his physic.
MR. COLLINS. Q. Do you know why he left the watch trade? A. The work was too hard for his health.
The prisoner received an excellent character.—
NOT GUILTY .
MESSRS. COLLINS and LUMLEY conducted the Prosecution.
WILLIAM CALDWELL . I am a baker, at 8, Smith-street, Clerkenwell—on 21st June the prisoner came into my shop and asked for a penny loaf, and put down a bad shilling—I put it on one side and marked it—I gave her the change, and she went out of the shop—on 27th she came again, and asked for a penny loaf—she gave me a bad shilling—I said to her, "This is one, one I have taken before on 21st, and one you tendered to my wife, is three; how many more have you?"—I gave her in charge, marked both shillings, and gave them to the constable.
COURT. Q. Have you any doubt the prisoner is the person? A. No; my wife pointed her out to me, and I was therefore suspicious of her when she came in—these are the shillings (produced).
JOSEPH ADAMS (Policeman, G 120). I took the prisoner on 28th June—the last witness gave me these two shillings—one good shilling was found on the prisoner—I searched her lodgings and found this powder, which is used to rub over the shillings, to make them look new.
The prisoner's statement before the Magistrate:—"I am guilty of tendering the shilling yesterday, but not knowingly uttering it. It is false, the rest"
GUILTY.—Recommended to mercy by the Jury .— Confined Twelve Months .
MESSRS. COLLINS and LUMLEY conducted the Prosecution.
WILLIAM GOODCHILD . I am landlord of the Shaftesbury-tavern, Hornsey-rise—on 19th June the prisoner came into my house and asked for half a quartern of gin, and gave my daughter a shilling—she told the prisoner it was bad—he said he was not aware of it, he bad taken it in change at a house close by—he then paid in good money—he also asked for a pennyworth of tobacco—I asked the prisoner if he had any more like it—he said no, he only had half a crown—after smoking his pipe for five minutes he went out of the house—I felt rather suspicious, and followed him; he went to Mr. God hold's, a grocer's, down the road—I waited till he came out, and then went in and spoke to Mr. Godbold—I then followed the prisoner to the Eaglet, and not seeing an officer, I took hold of him and took him to the station—on the way he stooped several times.
ALFRED GODBOLD . I am a grocer in the Hornsey Road, and also keep the post-office there—on 19th June, the prisoner came in and asked for thirteen penny postage stamps, and gave me a bad shilling and a good penny—I cut the shilling nearly in halves with a small pair of scissors, and returned it to him and told him it was bad—he then gave me two good sixpences—I returned the bad shilling to him, and he went out—Mr. Goodchild then came in and spoke to me.
ROBERT BAXTER (Policeman, S 342). On 19th June the prisoner was given into my custody by Mr. Goodchild—I searched him and found fifteen postage stamps, two sheets of paper, two envelopes, and a penny—Mr. Goodchild afterwards gave me these pieces of a bad shilling.
Prisoners Defence. I did not know the shilling was bad.
GUILTY .—He was further charged with having been before convicted.
JAMES COLE (Policeman, V 239). I produce a certificate of the conviction of James Wilson, in February, 1863—(Read: "Central Criminal Court, 2nd February, 1863. Jama Wilson, convicted on his own confession of unlawfully uttering counterfeit coin, and sentenced to nine months.") The prisoner is the person mentioned in that certificate—I was the constable who took him.
GUILTY .*— Five Years' Penal Servitude.
MESSRS. COLLINS and LUMLEY conducted the Prosecution.
CHARLES CARTWRIGHT . I am a publican, at 22, Portland Street—about 11 on Thursday, 22nd June, the prisoner came to my house, asked for a glass of ale and gave me a sovereign—I gave him change with half a sovereign, and the rest in silver and copper—he put his hands down to take it up—my attention was called off to a person on my left hand asking for a glass of ale in a hurried manner, and when I turned back the prisoner said to me, "I asked you for all silver, "and he passed a bad half sovereign towards me, not the one I gave him—I said, "You did nothing of the kind"—I saw it was bad, it was a very bad imitation—I marked it, rang for my servant, and told him to take care of the prisoner till I got a constable—I gave him into custody—I am quite positive this is not the half sovereign that I gave to the prisoner (produced).
JOHN STAINES (Policeman C 123). I took the prisoner into custody and received this bad half sovereign from the last witness—I asked him his address—he said, "I have come from St. Alban's to-day"—I said, "Where at St. Alban's?"—he said, "I don't know, I only slept there one night."
Prisoner's Defence. I asked him for all diver, perhaps he did not hear me—he took the half sovereign away, and he turned back and said, "It is a bad one, take that or none"—I said, "I shan't take it, "and he said he would give me in charge, and he did so—he owned before the magistrate that he had not been long in business, and he had taken a quantity of bad money.
NOT GUILTY .
MR. GRANTHAM conducted the Prosecution.
WALTER COX . I live at 83, Lower Thames-street, and am clerk to Charles Atkins—on 16th June I had a silver watch in my pocket, value 3l. attached to a chain—I saw the time by it at twenty minutes to one, in Thames-street—the soldiers were drilling on Tower-hill at half-past one—I felt the prisoner push against me, and saw the back of my watch shining between his fingers—there was no one else within three or four yards of me
—I said, "You have got my watch, "and caught hold of his arm—he said that ho had not, and pushed my hand away, saying, "If you follow me much further I will give you something"—I said, "I do not care for that"—he ran off and I lost sight of him—I gave information to the police, and afterwards saw him in custody in Seething-lane.
Prisoner. Q. How are you sure of me? A. I noticed your voice and the marks under your eyes—I noticed your face very much—you had the same sort of cap as I wear now—I saw you that day selling umbrellas in Thames-street, and identified you—I took no notice of you at first, but I saw you look at me.
THOMAS JOHN HOOPER (City Policeman, 502). I received information and took the prisoner on the 23rd June—I charged him with stealing a watch from the person—he said that he was not guilty of it—he gave his right address—he sells umbrellas.
Prisoner. Q. Who gave you the information? A. The porter where the prosecutor is employed told me to keep my eye on you while he went to get another policeman.
The Prisoner called—
ELLEN NEEHAN .—I am the prisoner's mother and live in Spitalfields—on 16th June I left him at home at eleven o'clock—I returnedat half-past one by Spitalfields church, and found him lying on the bed asleep—I hit him with a broom handle, and he awoke—I spoke a few angry words to him and he went on mending his umbrellas—Mr. Pitts came in, and saw him at twenty-five minutes to two.
Cross-examined. Q. How do you know the day? A. Because I had oc-oasion to go to Clerkenwell that day—the prisoner does not usually sleep in the day-time, but he had a headache, and laid down while his work was drying—he was taken that day week.
MR. PITTS. I am a City Missionary—on 16th June, in the course of my visiting, I called in at these rooms, as I have been accustomed to do for five years, and saw the prisoner there making or mending umbrellas—it was about half-past one o'clock—I know it was the 16th because I have a daily journal.
Cross-examined. Q. At what time did you go there? A. At half-past one exactly—I have known the prisoner for five years—he is an industrious sober young man, and is the support of his mother—he has a brother younger than himself, and sisters—I never saw him wear a white cap.
NOT GUILTY .
OLD COURT.—Wednesday, July 12th, 1865.
Before Lord Chief Baron Pollock.
MESSRS. METCALFE and BESLEY conducted the Prosecution, and MR. SERJEANT BALLANTINE, with MESSRS. SLEIGH and F. H. LEWIS, the Defence.
JANE KEYS . I am a single woman—I live with my father and brother at 4, Heath-street—I had known the deceased man Solomons seven years—he was about forty years of age—I had been living with him four years as his wife—I had ceased to live with him for some time, before Whit-Monday last—the earliest time that I saw the deceased that day was about ten o'clock in the morning—he was perfectly sober then—I saw him at our house till twelve
o'clock in the morning he remained in the house—we went out of the house together—we went to Mr. Hall's beer-shop—I stopped with him there an hour—I left him there and went round the park with my father and mother—I saw him again at half-past three in the afternoon at Hairs beer-shop—he was asleep with his head on the table—I did not wake him—I stopped there for about half an hour and then he awoke and came upstairs to me in the room where they were dancing—he remained in the dancing-room for a little while—I left first and left him there—I saw him again very near ten at night, at 11, Stepney-causeway—that is just opposite my father's house—he came back to our house again at ten o'clock—I saw him come in, he remained there till about half-past eleven at night—he fetched a pot of beer and stayed till he drank it and then went away—my brother was there—I had some of the beer—I saw him leave and bolted the front-door after him—he could walk steadily, he was not so very tipsy, he had been much more—he was the worse for liquor.
Cross-examined by MR. SERJEANT BALLANTINE Q. Was he a married man? A. Yes; he had been married to two women, and he was living with me.
FRANCIS KEYS . I am brother of the last witness—I was at home on the night of Whit-Monday when the deceased came there—I had seen him before during the day—he was a ship's painter by trade, and was working for Mr. Gray at that time—I saw him leave our house, he was tipsy when he left—he could walk.
WILLIAM STRETCH (Policeman, A 696). On the night of the 5th or morning of the 6th of June, a few minutes after twelve o'clock, I was on duty at the station in Arbour-square—Mr. Debenham came there—he came very hastily—he was running—he said to me, "Policeman, can you send one of your men to my house"—I said, "What for?"—he said, "I was in bed, I heard a noise as if a brick fell at the rear of my house, I got out of bed, opened the window, looked out, and saw a figure crouching down in a corner close to my kitchen window, I called out several times, 'Who are you, what do you want 1' but received no answer, I then went and called my assistant and we both looked out at the window together, I said, 'Do you see a dark figure standing there?' he said, 'Yes, 'I then called out once or twice, 'Who are you, what do you want? if you don't speak I will about you,'—I then fired and I think he fell"—I said to Mr. Debenham, "You had better go inside and speak to the acting-inspector"—he did so in my presence I then went with the prisoner and 697 A. to his house—I said, "Where did you fire the pistol?"—he said, "I will show you"—I then passed through the house till I came to a back door that leads on to the lawn, that was barred and bolted—I unfastened it and there I saw the deceased lying on some flag stones, about three feet from the kitchen window—I said, "Here is the man, but I do not think he is dead"—his feet were just about the same distance from the window as his head—I felt him, he was quite warm—the prisoner then examined him and said, "He is quite dead"—I said to the other constable, "You remain here with the body till I come back"—I asked the prisoner where the pistol was, he said it was on the counter and he gave it to me—this is it (produced), it is a six-barreled revolver—I then took the prisoner to the station and handed him over to Inspector Hayes and gave him the pistol—the window from where the shot was fired was about forty-two feet from the place where I saw the man, it was in a slanting direction—it is a bow-window, the man was on the flag stones—there is a lawn surrounding the house, that is divided by a little bit of wall and then it
comes gradually up to the house; the lawn runs on to the flags—in order to get from the road a man would have to go through the front gates leading from the Commercial-road, or climb over the wall and fence leading into the stable-yard—I did not myself ascertain which way the man came.
Cross-examined. Q. This is a large house fronting the Commercial-road, is it not? A. it is—I do not know that it originally belonged to Mr. Ward, the great ship owner—there is merely a little carriage drive in front with an iron railing and gates—there is a very large plot of ground behind the house, some small houses abut on the right, in one of which the woman Keys, who has been examined, lives—Mr. Debenham's house is protected from that alley by a very high wall—a drop from the high part of that wall would be serious—I do not think it could be climbed from Mr. Debenham's side—I think the easiest way of getting in, supposing the gates were closed, would be over the iron railings in front of the house, he would then have to bear to the left and climb over a little low wall—any one might then get into the stable-yard—I should say that wall is about four feet high—he would then have to get over a small door or gate, not very high, in order to get to the back of the house—he would have to skirt along the back of the house until he got to the spot where I found the body, that is in direct propinquity to a window, on a level with it; probably the spot of all others which a person would try if he wanted to break in; that would be the easiest way to get in—I have not been upon that boat, I was on reserve duty at the station—I have not heard of attempted burglaries at that house; I have been away for three years—the pistol is a breech-loader.
WILLIAM HAYES (Police Inspector). About twenty or twenty-five minutes after midnight on Whit-Monday I saw Mr. Debenham at the station—I had previously had a communication from Stretch—on entering the station he said, "The man is dead"—I said, "You must consider yourself in custody, sir, any statement you make to me I may have to give in evidence against you"—he said, "My statement is quite voluntary, what I say to you I will say to a magistrate"—I then went with some constables and a stretcher to the deceased, leaving Mr. Debenham at the station—we went along the public road to Mr. Debenham's house—there were a good many people about walking in the public road—it was the night of Whit-Monday—those persons knew nothing of my business—when we got to the house I went through the surgery to the back of the house—I there saw a man lying on the ground, dead—I noticed a wound in his left temple and a great deal of blood on the ground where he was lying—I saw a hat, which I produce—I examined his pockets—he had a brass tobacco box with "T. Solomon" engraved upon the lid, a short clay pipe, a latch key, the half of a rule, 5 1/2 d. in coppers, and eight lucifer matches—that was all he had upon him—I noticed the kitchen window; it was unfastened, I lifted it up; there were no marks of entry—it was an ordinary sash window, with the fastening between the two sashes not shut—there were shutters; they were closed and well secured inside—I found some of the inmates of the house up when I got there—I went back to the station and told Mr. Debenham that the body of the man had been sent to the workhouse—he then made a statement to me—I examined the premises—I found a slate had fallen from the roof of the wash house, and within two feet of the deceased—the roof of the washhouse is about eight feet high—I examined the part where the slate had been displaced; I noticed no recent marks on the roof but that—I subsequently examined the palings adjoining the side of the washhouse—the tops of those
palings are very sharp and the tops were indented as if some one had stood upon them—those palings are a little over four feet high, about four feet two or three inches, and the paint looked as if the feet of some one had been scraping against it—I was shown the window from which the shot was fired; it is forty-two feet from where the deceased was standing—I noticed a chip from off one of the bricks of the wall—I first noticed that after the first examination at the police-court; it was on one of the bricks of the wall, which projects about three inches; it was about eight or ten feet from the ground—the wall falls back there about three inches leaving a sort of plinth or foundation, that was where the chip was—it is the wall of the house—it was very little distance from where the man was lying—the chip appeared to be recent—I found no indication of any attempt to break into the house—I am pretty well acquainted with the house—the front gates are left unlocked at night, but closed, only fastened with a latch.
Cross-examined. Q. With regard to this chip on the wall; was it between the window from which the shot was fired and where the man was found? A. Yes; in that direction—the wall projects—behind where the deceased was standing there is a narrow alley and a corner leading round to the surgery—there is space enough there for more than four or five persons to stand, without being visible—it was rather darker at that time than it had been previously; it was rather cloudy; the place would be very much shaded—an entry might be made into the drug-room as well as through the kitchen window.
MR. METCALFE. Q. How would the drug-room be entered, by a door or window? A. By a door; the last witness had gone through that door before I came.
JAMBS FORD SERGEANT . I am assistant to Mr. Debenham—he is a surgeon in practice—on the night of the 5th June I went to bed about twenty or twenty-five minutes to twelve—I don't know what time Mr. Debenham went to bed, he went before I did—after I bad been in bed some little time I was aroused by Mr. Debenham coming to my room—I went back with him to his own room—his window was open at that time—he told me that he had heard somebody in the garden and that he bad spoken to this person or persons ever so many times—he then pointed out to me where he thought the persons were and I certainly thought I could see an object against the wall—I could not make out what it was, whether it was a human being or not—Mr. Debenham called out very loudly indeed, "Come, who are you? if you don't speak I will shoot you"—he then cooked the pistol—there was a slight pause, and he fired—I looked out again and I could just see a white shirt on the ground, but it was so dark I could hardly see—I dare say what passed after I got to the window only occupied about a minute—Mr. Debenham then put on his trousers and went off for the police—at the time he was putting on his trousers he said, "I fired high; if I had thought I should have hit him I should not have fired"—I think he said, "If I had thought I should have killed him, "but I have no doubt he meant hit him—I think killed was what he said—I was down in the surgery walking to and fro till the police returned with Mr. Debenham; I did not go out, I did not think he would have been so long, the distance to the station is only four or five minutes—I think I was the last person to go to bed that night—the establishment consisted of Mr. Debenham, myself, and three female servants—the house stands back about fifteen yards from the footpath of the main road; there are windows fronting the road—there was nothing to prevent our going to the front windows and calling out to persons in the main road
—after I was down stairs waiting in the surgery for Mr. Debenham to come back some few persons passed by—as each one came by I thought it was Mr. Debenham coming back.
Cross-examined. Q. I believe there has been more than one attempt to break into the house since you have been there? A. There has—Mr. Debenham is married—his wife was away from home at this time—he has two children—they are very young, I think one is two years old, and the other one—I had heard from Mr. Debenham that there had been a good deal of alarm about these attempts.
MR. METCALFE. Q. When was the last attempt? A. I think from three weeks to a month since—at one attempt we found the drawing-room window had been thrown open, but the shutters were shut behind it, so they could not get in—that is at the back of the house, on the ground floor—I heard that it was shut on the previous night—I think that was the only evidence of that breaking—at another time I was called up by two policemen, who told me the stable doors were open, and another door leading from there to the grounds—I do not know whether any communication was made to the police.
JURY. Q. Had any notice been given to the police of the first event? A. I do not know, but the police knew it, because on one occasion they themselves came and called me, and I went over the grounds with them.
JAMES STEVENSON . I am a surgeon in the Mile-end-road—about half past 2 on the morning of 6th June I was called to the workhouse, and there saw the body of the deceased—I examined him externally, and found a circular opening in the left temple, about the centre, it appeared like a pistol or gunshot wound—I made no internal examination.
FREDERICK TOTHILL . I am a surgeon of 8, Charles-street, St. James's-tajuare, attached to the police—in consequence of instructions I made a post mortem examination of the body—I have no doubt the gunshot wound caused the death.
Cross-examined. Q. Have you seen that bullet? A. Yes, I took it myself from the body, and have produced it—the marks that are upon it could not have been made in penetrating the skull—that is my opinion—the shape of the bullet is exceedingly distorted and altered—if fired point blank, it would have gone through his skull, if some substance had not intercepted it—my notion is, that it struck against some hard substance, and reflected on the body of the man.
The Prisoner's statement before the Magistrate: "I am not guilty of the charge; I fired for the purpose of alarming whoever was at my kitchen window; I believed that my house was being broken into, having been attempted three times within the last few months."
NOT GUILTY .
NEW COURT.—Wednesday, July 12th, 1865.
Before Mr. Baron Martin.
HESTER ELIZA COOK . I am single, and live at Colchester-street, Whitechapel—I lived with the prisoner for three years—on 29th June, bout 9 o'clock, I was in a beer-shop in Church-lane, having a pint of ale with a female—the prisoner came in and sat down and laughed at me for a long
while, but never spoke to me—when I went out he beckoned me across to him, but I would not go—I stood up against the wall, and he came and said, "I will be hung for you"—he opened a knife in his pocket, so that I could not see it, but I felt him push it into my neck and give it a twist as be took it out—he ran away, and then turned and laughed at me—I ran after him, and a policeman caught him.
JANE WEATHERALL . I was in the beer-shop with the prosecutrix—the prisoner came in and sat on the opposite side—after he went out she went out—she returned in five or ten minutes, and mid, "Jane, I am stabbed"—I saw the wound—I next saw the prisoner in custody.
JOHN CUMLEY . I am a surgeon—I examined the prosecutrix on 30th, and found a wound on her neck, just above the chest line, three-quarters of an inch long, and half an inch deep in an oblique direction—I judge that it was made with a knife.
GEORGE FOSTER (Policeman, H 207). I saw the prisoner run across the road, and heard the woman say, "Stop him"—I stopped him, and he turned round and laughed at her—she ran up, bleeding from her neck—she seemed very weak, and I put my arm round her waist—I afterwards found this knife (produced) on the prisoner with wet blood on it.
Prisoner. She is a very aggravating woman, calling me all manner of names.
GUILTY of unlawfully wounding .— Confined Eighteen Months .
MR. DALEY conducted the Prosecution,
WALTER SKEET . I live at Park-terrace, Bermondsey—on the night of 9th of July, between 12 and 1 o'clock, I was walking in Cannon-street, City—I had had a glass or so—Tucker came up aside of me, and threw his hands across my neck, sent my heels from under me, and took my watch and hat—I believe Gough was behind me—I ran after them halloaing, "Stop thief!"—I saw my watch two minutes before in the Commercial-road—the prisoners were stopped by the constable.
Tucker. A man was taken and let go, who, from what I have heard, was the man who took the watch.
THOMAS FITZGERALD (Policeman, H 189). I was on duty on that morning in Cannon-street—I heard a cry of stop him—I saw the two prisoners—they were running together—I stopped them—the prosecutor then came up, he said he had lost his watch—he charged them with stealing his watch—they said they knew nothing about it—I asked them what they were running for, they said, "For nothing"—no other persons were in sight.
GOUGH. Q. Was anybody else standing by me? A. Two or three neighbours—another man was brought to the station, who was walking very fast—he is a waiter at St. James's Hall—he was not in your company.
TUCKER— GUILTY .— Confined Six Months.
GOUGH— GUILTY . He was further charged with having been before convicted, to which he
PLEADED GUILTY.— Confined Twelve Months.
BENJAMIN HARRIS . I am a smith, of 35, Upper Ebury—street, Pimlico—on 10th June, about a quarter to 2 o'clock in the morning, I heard a noise which awoke me, and I saw the prisoner close to my bed in uniform—he touched me, and I said, "Halloa I"—he said, "All right"—a young man, who was in bed with me, asked him his name, but he did not tell us—the young man then lit a candle, and I then saw that the prisoner had my hat on, and my coat and Mr. Jackson's coat on his arm—I told him he had my hat on—he said, "If it is yours, take it"—he sat on the bed by the side of me—I asked him what regiment he belonged to, and I think he said the Coldstream Guards—I sent for the landlord, who said, "Halloa, young fellow, I think you are wrong, "and told him to go, but he would not, and Mr. Jackson sent for a policeman—the prisoner laid my hat and coat on the bed—he was not drunk.
JOHN ROBERT JACKSON . I am landlord of 35, Upper Ebury—street—on 10th June I fastened the window—shutters with this bar (produced) and fastened the catch—Harris sent for me in the middle of the night, and I saw the prisoner in his room—I said, "I think you are in your wrong place"—he said, "What has that to do with you?"—I asked him if he would go out, as my wife had been confined the previous night, and I did not want a noise—he said that he would not go out, and I sent for a policeman—I found the window open, and the shutters burst, four squares of glass were broken; the lower part of a bird—cage which was hanging up was gone, and the bird also—the prisoner appeared intoxicated at first, but when I gave him in custody, he seemed sober—the bird—seed glass was on the table when I gave him in custody, and he threw it at me, saying, "Take that, you b—"—a coat and umbrella of mine were removed from the hall, and a curtain-blind from the kitchen window was found in his pocket.
COURT. Q. Had you any women servants in the house? A. No.
WILLIAM BROOKES (Policeman, B 26.) I was sent for, and took the prisoner—I asked him to give roe his belt, and took hold of it to get it, but he made a kick at me—with the assistance of two or three other constables I got him to the station, searched him, and found this window—blind on him, and a box of matches—the kitchen window was broken open—the bar was inside the shutters—it was broken in halves—the prisoner was sober—he was rather violent.
Prisoner. I was drunk, and know nothing about it. Witness. The inspector who took the charge was called to prove that he was not drunk.
NOT GUILTY .
FREDERICK PRENTICE . I am just turned twelve years old, and live with my father and mother at 19, Collier—street, Bethnal—green—on Saturday night, 13th May, I was in bed with my brother—the prisoner and another man slept in the room in another bed—between 12 and 1 o'clock the prisoner came up stairs and told me that my father wanted me—I got up to go, and the prisoner pointed to my half—brother and said, "Do you like him?"—I said, "No, because he beats me"—he is nineteen next birthday—as I was going down stairs, I heard a noise up stairs—I went into my father's room
and called him and my mother—they got up—I followed them up stairs, and saw my brother Charles lying there wounded very much and insensible—I saw blood, and went for a constable.
MARIA PRENTICE . I am the wife of Peter Prentice, and the mother of the last witness—the prisoner has lodged with us over ten years—Charles Turner is my son by a former marriage—the prisoner slept in the same room with my two sons—I heard some one call, "Mother, "and went up stairs with my husband—a light was brought, but I did not see the prisoner—my son Charles was in bed, bleeding from the head—I went off in a fainting fit, and do not remember anything more.
COURT. Q. Is there anything wrong with the prisoner? A. He has not seemed right at times for the last twelve months—he has gone off in nasty low fits—I have not observed any wildness in his conversation; he is a very still, quiet, steady young man.
PETER PRENTICE . I am a labourer, and the husband of the last witness—I was called to Charles Turner's room behind my wife; she said, "Oh, Charles, how came you to do this?"—the prisoner said, "No, missis, I did it, but I was very sorry for it the moment I did it"—my son was insensible—I went for the police, procured a cab, and took him to the hospital—the prisoner has been well to do, but has been out of work for the last two years, which has preyed on his mind a good deal.
COURT. Q. Was he out of work at that time? A. Yes, and my eldest son chided him for it—I have had a deal of trouble with him in epileptic fits—he had two in six months—I had once to save him from making away with himself, but he always seemed very still and quiet.
THOMAS GROVER (Policeman, K 142). I was sent for, and found the prisoner standing at the foot of Charles Turner's bed—I asked who had done it—the prisoner said, "I did it, I have done it with a hammer, and have thrown it over into Victoria Park Cemetery"—that is at the back of the garden—on the way to the station he said, "I have cherished an ill feeling towards Charley for years, at the time I did it I intended to kill him, but after I had done it I was very sorry for it"—I went to the Victoria Park Cemetery, and found this hammer where the prisoner had pointed out—he must have gone down stairs to throw it there.
Prisoner. Q. Where was I when I told you I had had an ill-feeling against him for years? A. In Green-street.
Prisoner to PETER PRENTICE. Q. Did you hear me say to the policeman that I had had an ill-feeling against Charley for years? A. No, I did not hear you say that you meant to kill him.
Prisoner to FREDERICK PRENTICE. Q. Did you hear me tell the prisoner that I had an ill-feeling against him? A. No, because I went to get the policeman's cape.
GEORGE WELLER . I was house-surgeon at the London Hospital—the prosecutor was brought there with ten or twelve lacerated wounds on the scalp, from one to three inches long, and all more or less extending to the bone—he also had a depressed fracture of the skull on the right side—his life was in danger—this hammer would be likely to have caused the wounds.
Prisoner's Defence. Charles Turner said he would forgive me for what I had done, and asked me not to hit him again. I said that I would not; he spoke to his father and mother, and to a woman, who was in the room, and knew them, for he called them by their names. At the time I did it I was nailing up a curtain, he woke up from his sleep, swearing that he would be
the death of me, and haying the hammer in my hand I struck him with it.
GUILTY of Unlawfully Wounding .— Judgment Respited.
MR. TAYLOR conducted the Pvoseculion, and MR. BESLEY the Defence.
SILVANUS GILLARD . I am the master of the Arabista—on 16th May we were on the high seas, homeward bound—she is an English ship—while we were at tea, three men rushed into the cabin and said something to me—the mate went up stairs, and I went into my state cabin to seek for pistols, but it being dark I could find them—I went into the cabin, and the men came and said, "You will have to shoot this man, captain"—I went into the state-room again, found the pistols, and laid them on the table, but went on deck without them, requesting the people to follow me, to put the man in irons—I went towards the prisoner, who placed himself in a position to receive me with a violent blow on the head—he had this iron belaying pin in one hand and this knife in the other—he struck me on the forehead with the belaying pin and the same blow struck my shoulder—I fell on the deck insensible, and must have lain so still as to receive three blows on the crown of my head, from which the blood flowed—I also found a scar on my cheek—my jaw was very much swollen for many days, and I had a tooth broken—I was prevented from attending to my work for two days, and was obliged to keep in bed—we were sixty or seventy miles from the Cape Verde Islands—there was no surgeon on board—the mate attended to my wounds—Samuel Lock was wounded much worse than me.
Cross-examined. Q. Did the prisoner come on board at Bathurst, in West Africa? A. Yes—the chief mate had the direction of the prisoner's duties—I was aware of his being changed from the starboard to the port watch—I gave directions to the boatswain two days before to change one man, but I did not say who—the prisoner had behaved most respectfully up to that time—he understood English, and spoke it fluently—he is a native of Basso, fifty miles from Bathurst, and has worked for the owner, Thomas Francis Quinn, Esq., for many years, who is a colonial merchant—the ship is Registered at Bathurst—I have not got the register—the prisoner has not the the same intelligence as the English members of my crew—he did not complain to me about being changed from the watch, but he came aft the evening before and said that everybody must die in the ship, but that God was not going to kill anybody—he had made no complaint to me before that of any grievance—those words were the only thing like a complaint—I have not threatened to throw him overboard, nor has the mate in my hearing, or anyone else—I have had no words with him about his work—his two hours at the wheel were up at six o'clock, and he left it.
MR. TAYLOR. Q. In consequence of the threats he made use of, did you summon the crew together. A. Yes.
COURT. Q. Tell us what occurred. A. After tea we began to sing songs, and when we had sung one, and had nearly finished another, the prisoner said, "No sing, no sing"—we did not listen to him, and he went out and came back and struck me on the head with a belaying-pin—when I came to my senses I found him attacking Lock—I ran out on the port side, and met
him near the main-mast—I ran round again, and he struck me in the shoulder with an iron belaying-pin—I did not see him strike the captain, I was insensible.
Cross-examined. Q. Was the prisoner very excited? A. Yes, I thought he was a wild man.
PATRICK STEAD . I am the mate of the Arabista—I saw the assault on the captain, his account is perfectly trine. (MR. BESLEY contended that there was no proof that the owner of the ship was an Englishman, and that she sailed under the British flag, at the register, which was the best evidence, was not produced.
COURT to SILVANUS GILLARD. Q. Who is the owner? A. Thomas Francis Quiun, Esq., who is now in Liverpool; he lives near Bathurst, which is a British colony—the prisoner was shipped by a British master on British articles.
The prisoner's Statement before the Magistrate:—"A black man cannot fight a white man for nothing; the captain and mate was going to pitch me overboard. I have done my work, and it is no use what the captain said about pitching me overboard. I told him that, and Sam Hammond and another of the crew. I was put to port watch, when I was used to the starboard, and one night Sam and Ben said they would knock me overboard. I explained to the captain, and wanted to be put back on my watch again. The same day I fought with them I had been put to the wheel from 5 o'clock to 6 o'clock. Jack took my wheel at 6 o'clock, and said I should answer for it."
GUILTY of Unlawfully Wounding .— Judgment Respited.
THIRD COURT.—Wednesday, July 12th, 1865.
Before Robert Malcolm Kerr, Esq.
MR. CUNNINGHAM conducted the Prosecution, and MR. MONTAGUE WILLIAMS the Defence.
JOSEPH SAMUEL HAWKES . I am assistant to the prosecutor, a jeweller, of 154, Fenchurch-street—on 16th June prisoner came into our shop, and asked to be shown some plain rings—I asked if she meant wedding-rings—she said "No"—I then brought out a tray of gem rings and showed her—she selected one or two, and asked me to fit them on her finger, and I did—she requested that they should be put on one side, and she and her sister would come and select from them—she then asked to be shown some guard-rings—I turned round to get them, and when I turned back I saw that one of the gem rings was missing—she selected some plain rings and asked me to put them on one side—she then walked to the door, turned round, and said, "You will be sure to know them again"—I said "Yes, "and she went out of the shop—Mr. Cockayne was in the shop talking to a gentleman—I went after her directly, and brought her back into the shop—I asked her what she had got—she made no answer but put her hand in her pocket—I caught hold of her hand and held it, and the ring dropped from it on to the counter—she was then given into custody.
Cross-examined. Q. Had she the same cloak on as she has now? A. Yes.
JAMES LEWIS (City-policeman, 566). I took the prisoner—she said, "I am very sorry, "and wished to speak to Mr. Cockayne privately, which he refused—I told her what she had to say she would have to speak in my presence—she then wished him not to lock her up, and said that she only took the ring outside to look at it, and she intended to bring it back.
GUILTY .— Confined Twelve Months.
MR. KEMP conducted the Prosecution.
JOSEPH SMITH . I am a tailor, at 18, Aldgate-street—the prisoner was in my service as cashier—I placed considerable reliance on him—it was his duty to receive money, and also to pay my work-people—on 17th June he gave me this account in his handwriting—there is a sum of 1l. 11s. 4d. put down as having been paid to a person named O'Brien—he also gave me this account of moneys received—I afterwards saw his book—it is here I find that he has made that account 1l. less than it ought to be—the addition is 24l. 8s. 6d.—it ought to be 25l. 8s. 6d.—the sum in the cash-book is 24l. 8s. 6d.—it should be 25l. 8s. 6d.—the addition is wrong—I asked him for an explanation, and he said it was a mistake—I then called his attention to the amount paid to O'Brien—I said, "You have paid O'Brien 1l. 1s. 4d., and you have charged me 1l. 11s. 4d."—he said that was a mistake also—that was on the same day—then he received 10s. which was not entered at all—he said they were all mistakes.
COURT. Q. on that first piece of paper he puts down what he pays? A. Yes—he receives the money taken during the day, and enters that in a book, and hands it to me at the end of the day—I add it up to see that it is correct—these other entries are all correctly added up—this was the first time that he made a blunder—I have never found one before—he has been in my service about thirteen months.
COURT. Q. He paid you something more at the time did he not? A. Yes—5s.—that was on his own account.
NOT GUILTY .
MR. KEMP conducted the Prosecution.
JOHN OATES . I am in the service of Mr. Smith of Aldgate—on 17th June I sold a waistcoat to a Mr. Harvey, for 10s.—I paid it over to the prisoner about 12 o'clock—we were not busy at that time—there was nobody else with the prisoner at the time.
Prisoner. Q. Did you not refer to your book and find it was not down on that night? A. It was down on Saturday night—I have a cheques-book against the cashier.
COURT. Q. You put down in your book what you sell? A. Yes—it would be seen that it was omitted if the books were compared—Mr. Smith compares them—he examines them after he receives the money from the cashier—he found the 10s. in my book but not in his.
paid by Harvey—I discovered that it had been paid, on the Saturday night, after they had all gone, by checking the books—I spoke to the prisoner about it on the Monday, and he said he knew he was responsible, would I allow him to pay it by instalments—I then called in a policeman.
NOT GUILTY .
MR. WARTON conducted the Prosecution.
ELIZA SMITH . I am the wife of Thomas Smith—about 9 on the evening of Thursday, the 15th of June, I was going along Hackney-road—some person came behind me and hit me in the back, and took my bag from me, breaking the chain—I immediately fell—this is my bag (produced)—I saw some persons running—I do not know what became of the person who took the bag—the policeman brought back the prisoner and the bag to me—the bag contained half a sovereign, a shilling, two sixpences, and five pence in copper—the half-sovereign was there when the bag was brought back; the silver and copper were gone.
HENRY PASCOE . I am fourteen years of age, and live at 390, Hackney-road—on this night, about half-past 9, I heard the lady shout out, "Stop thief!"—I saw the prisoner running in front of other persons—I ran after him, and he threw down this bag—Pass was running as well as I—he picked up the bag—some man stopped the prisoner, and the policeman had hold of him when he turned the corner—I am quite certain the prisoner is the man who dropped the bag.
WILLIAM PASS . I am eleven years old, and live at 2, Lower Felix-street, Hackney-road—on the evening of 15th, I saw the prisoner running down, Felix-street—he was the first one—I saw him drop the bag, and it was open—I picked it up and gave it to the constable—I am sure the prisoner is the man.
GEORGE DICKENSON (Policeman, H 462). I took the prisoner into custody on the 15th—he said he was after some prisoners on forward; he heard them crying "Stop thief!" and he was running after them—I found 5 1/2 d. in copper on him.
The prisoner's statement before the Magistrate. "I wish to say I know nothing of the charge; there were two men running; I ran after them, and when I came up to one of them, he asked me what I wanted, and I said, 'A thief.' He said,' If you do not go away from me I will knock you down with this piece of iron.' He had a piece of iron in his hand. He said, 'Let me go, I know nothing about the transaction.' I went and stood in the midst of a number of persons, and they accused me of robbing a lady, and I was given in charge."
Prisoner's Defence. That is right. I work honestly for my living.
He was further charged with having been before convicted in the name of William Gunney.
JOHN BURS (Policeman, G 218). I produce a certificate (Read: "Middlesex Sessions, Clerk en well, 25th August, 1862. William Gunney, convicted of stealing I pocket-handkerchief, 1 bag, and 2l. 7s. 10d. from the person: Confined Six Months")—I was present when the prisoner was convicted under that name—that certificate refers to him.
GUILTY .— Seven Years' Penal Servitude.
MR. CUNNINGHAM conducted the Prosecution.
ELIZABETH COOMES . I am a licensed victualler, and keep the Cock at Hounsfield—on 7th Jane, the prisoner and another man came into my place and asked for two twos of gin, and they walked up into my parlour—they were there ten minutes or a quarter of an hour—they then came down into the bar, and asked me if I had a skittle ground—I said I had not—they asked me if I had got a garden—I said I had—they asked me to draw them a pot of ale, and they would go into the garden, as they wanted to kill an hour or two—these articles (produced) are my property—I last saw them safe about 10 o'clock on the 7th—the prisoner came about 3, as near as I can say.
Prisoner. Q. Did not a man ask you what time the girls would be in your house? A. No; I don't allow girls in my house—I positively swear that this is my property—I thought you were gentlemen—I never set my dog at you.
ANN SANDELANDS . I am servant to the last witness—on 7th June, I showed the prisoner and his companion into the garden—about 4 in the afternoon I went up stairs into one of the bedrooms—I observed the valance of the bed moved at the bottom—I lifted it up and saw a man's legs—I lifted it higher up, and saw the prisoner underneath the bed lying on his back—I can swear to him—I went down stairs to give the alarm—the ostler came up with me—I drew up the valance again, and the prisoner was not there—there were three drawers open, and I noticed a footmark on the table—I next saw the prisoner at the station—he could not have gone down stairs without my observing him.
Prisoner. Q. Did not you state at the Court at Edmonton, that you thought you saw a dog up in the room? A. I did—I thought it might be a dog when I saw the valance of the bed moved—at one side of the bed there is no valance—I could see a man's face—I pulled it up twice—I think you jumped out of the back window—you never came down stairs—the window was open.
JOSEPH FELSTEAD . I am ostler to Mrs. Coomes—on 7th June I went up stairs, and went into Miss Coomes' bedroom with the last witness—I looked under the bed, but did not see anything—I looked out at the window and 8aw the prisoner running across the garden—he ran through the hedge into Mr. Chappell's fields—I went after him, but lost sight of him.
Prisoner. Q. What is the breadth of Mrs. Coomes' garden? A. I don't know—it is more than thirty feet, not forty—from the window to the place where I saw you was about two poles distant.
JAMES WILSON (Policeman, N 260). I am stationed at Edmonton—about 5 on the evening of 7th June, in consequence of information, I started in pursuit of the prisoner—I saw him in the Manor-road, coming in front of the County-court, Edmonton—I said to him, "Well, young man, how far have you come up this road?"—he said, "What has that to do with you?"—I was in the act of taking him into custody, when he said, "You are a b----policeman I suppose," and he hit me in the mouth and got away—he went into a park there—I followed him and caught hold of his coat, when he turned round and tried to stab me with a knife—after a long chase across fields and through houses I took him into custody in the Union-road.
THOMAS GRANT . I am a school master, living at Edmonton—on the afternoon of 7th June, I was coming out of my house with my daughter, and saw two men running up the street—the prisoner was the first; the police-constable was pursuing him—as the prisoner passed my house I saw
in his right hand a knife, and saw him throw something from his left hand—I went to the spot, and found this brooch and rings, and other things.
Prisoner's Defence. I had been in her house gambling, and this property was given to me as security for the money I had lost.
MRS. COOMES (re-examined.) I never gave him the property—I never saw him before.
GUILTY .— Five Years' Penal Servitude.
MR. F. H. LEWIS conducted the Prosecution, and MR. M. WILLIAMS the Defence.
WILLIAM BANKS . I reside at Glasgow, and am manager to Mr. Makekmy, of hutchinson-street, Glasgow—the prisoner has been our agent since the beginning of December last—I received this bill of exchange for 47s. 2s. 4d. (produced) dated 1st March, from the prisoner; it professes to be drawn on and accepted by William Williams, of 32, New-cut, Lambeth; it is made payable at the South Eastern Bank of London—I also got this bill, of 15th March, from the prisoner—it is for 52l. 2s. 4d., drawn on and professes to be accepted by H. Mountjoy, 4, Market-place, Battersea, and is made payable at the London and County Bank—the acceptance, "H. Mountjoy," is in the prisoner's writing—this other bill, dated May 4th, is a bill professing to be accepted by James Smith, 20, York-road, Battersea, for 49l. 8s.—the acceptance of that is also in the prisoner's writing—on the receipt of that last bill I came to London, and made inquiries at the addresses given—the result was that I gave the prisoner into custody.
Cross-examined. Q. When did you first become acquainted with the prisoner? A. By letter in November last, through our doing business with another party named Buchanan, who did business with the prisoner—there were not various accommodation bills going on between the prisoner and Buchanan to my knowledge—Buchanan had been doing business with us, and he was drawing on the prisoner—the bills were retired for a length of time—the prisoner wrote a letter stating, as far as I can recollect, that he found from Buchanan's draft on him, that we were in the habit of receiving' those bills, and stated that he thought we could do a better business by doing directly than through a third party—I cannot tell you what has become of Buchanan; he is not to be found—I understand he has run the country—the prisoner introduced himself to us—he selected goods—the principal of our house is not here—I remember the prisoner coming to Scotland to us—he did not complain then that Buchanan could not be found—I saw the prisoner personally—I did not press any goods on him then—he stated that some of the goods he could not sell, and I told him to send them down—I can't say that the acceptance to the first bill, "William Williams," is in the prisoner's handwriting—we bad not supplied 118l. worth of goods to Buchanan, which were sent back to us by the prisoner; it was nothing like that amount—I received the goods back from Buchanan; not from the prisoner—I received this bill on 18th May; the other one I received on 16th or 17th March—the word "Mountjoy" is in the prisoner's handwriting—I did not discover it when I received it—my employers saw it—it was a few days after we received the bill, signed "James Smith, "that I came up to London and took these steps; probably ten days or a fortnight—I looked at the acceptance, and discovered it was the prisoner's handwriting.
MR. LEWIS. Q. Have you any doubt that the signatures that you have spoken to, are in the prisoner's handwriting? A. None; they all bear his
endorsement—I have seen him write from fifty to a hundred times—I have seen him write letters, and write in his business-book.
CHARLES HENRY ARMSTRONG . I am clerk to Messrs. Glyn, Mills and Co., bankers, Lombard-street—they have no account with a Mr. James Smith, of 20, York-road, Battersea—I don't know the handwriting on the bill at all.
ALLINGTON TURNER ELLIOTT . I am a hairdresser, at 20, York-road, Battersea, and have lived in that house for the last fourteen years—I don't know of any other York-road, Battersea—I don't know the prisoner—there is not a person named James Smith living at 20, York-road, Battersea, as I know of—I have never let lodgings there—on May 4th there was no such person living there.
Cross-examined. Q. Do you know any milliner or draper of the name of J. Smith in the neighbourhood? A. I do not.
JOHN NICHOLAS HUTCHENS . I am a clerk in the London and County Bank—we have no account with Henry Mountjoy, of 4, Market-place, Battersea—I don't know the handwriting to the acceptance of the bill for 52l. 2s. 4d.
JAMES EDWARD MAXWELL . I am clerk at the English Joint Stock Bank, formerly the South Eastern Bank, 60, Gracechurch-street—the bank has no account with William Williams, 32, New-cut, Lambeth—I don't know the handwriting to the acceptance on this bill.
Cross-examined. Q. Are not bills presented at your bank sometimes, where the acceptors have no account? A. No, never; it may be so in the country, it is not in London to my knowledge.
FREDERICK GEOEGE WYNN . I am a currier, at 32, New-cut, Lambeth—I know the prisoner perfectly well—he took a portion of my premises some time ago in the name of Henry Bayliss, and carried on business there—some three months ago he came to me in reference to the rent—he said for the future the rent would be paid in the name of Mary Ann Williams, instead of his own name—she used to come there, but I did not know her at the time—she used to come to mind the shop for the prisoner.
Cross-examined. Q. Was there any man there besides him? A. No—it was later than January, 1865, that the shop was taken in the name of Williams.
WILLIAM ROBERT COOMER . I am a builder, at 5 1/2, Market-terrace, York-road, Battersea—I knew the prisoner by the name of Bayliss, as living at No. 4—I don't know any person there of the name of Henry Mountjoy—there was a woman living there of the name of Mountjoy—the prisoner was in the habit of visiting that woman—I have seen him there once a week, sometimes twice.
Cross-examined. Q. That was No. 4, Market-terrace? A. Yes, not Market-place.
JOHN MARK BULL (City Detective). I took the prisoner into custody on Sunday, 4th June, as he was leaving 32, New-cut, Lambeth, where he kept a little hosier's shop—I told him I held a warrant for his apprehension—I put him in a cab and read the warrant to him, which charged him with uttering a forged bill of exchange for 49l. 8s. on 16th May, in London, with intent to defraud—his reply was, "I never uttered a forged bill in my life"—I took him to the station—I found on him this letter addressed to "Mr. Wynn, 32, New-cut"—it was opened by the inspector at my request—(Read: "Dear Sir, Please mind the shop is in Williams's name if any one should call. H. Bayliss,") also a paper endorsed on it. "They were at
York-road, yesterday, three of them, and ascertained the name of the Beehive' to be Mountjoy"—the place where Mrs. Mountjoy lives is called "the Beehive"—she calls herself Mrs. Mountjoy, but I have seen her since visit the prisoner.
GUILTY .— Confined Eighteen Months.
GEORGE ROSELER . I was in New Bridge-street on the night of the 13th June, listening to some music—I saw the prisoner there—a rush came and a violent pushing, and I heard a snap—I looked down and saw the prisoner's hands passing away from my waistcoat pocket, and my guard hanging down—I seized the prisoner by the collar, he struggled for some time, and then he said, "Look here," and I was held by some of his companions and he got away—I followed him and cried "Stop thief," and he was brought back by one of the London and Chatham men—I have got my watch—it was given to me by a person outside the Guildhall, who asked me not to prosecute—he wanted me to go to Mile-end, but I would not—the watch was worth five guineas.
Prisoner. Q. Did you see me pass the watch to anybody? A. No, I did not.
FRANCIS JOHN GREEN . I am a clerk on the London, Chatham, and Dover Railway—I was in New Bridge-street on the 13th June, about half-past ten—heard a cry of "Stop thief," and saw the prisoner running—I pursued him and caught him at the top of St. Andrew's-hill—I never lost sight of him—I said, "you are charged with stealing a gentleman's watch"—he said it was not him—the prosecutor came up and gave him into custody.
Prisoner's Defence. I was listening to an harmonium being played; there was a good deal of pushing, and all at once the gentleman said, "You have got my watch;" I was intoxicated, and said, "No, I have not;" I thought he was going to hit me, and I ran away; he did not see me take the watch, or pass it to any one; I am entirely innocent of the crime.
—He PLEADED GUILTY to a former conviction of felony at this Court, in June, 1863, Sentence Six Months.**— Seven years' Penal Servitude.
NOT GUILTY .
OLD COURT.—Thursday, July 13th, 1865.
Before Robert Malcolm Kerr, Esq.
MESSRS POLAND and ORRIDGE conducted the Prosecution, and MR. MONTAGUE WILLIAMS the Defence.
ELIZABETH MORETTI . I live at 105, Hackney-road—the prisoner is my husband—we were married about a fortnight before Christmas—on Monday night, the 9th of May, we went to bed about eleven o'clock as usual—we were both sober—we had been quarrelling during the day—I went to sleep—I awoke with a feeling of something at my throat—I cannot tell how long I had been in bed—I instantly jumped up, and made my way to the window—there was blood about my throat—I cannot say how much—I saw ray husband, he had an ice spoon in his hand—this is it (produced)—he was holding it in his hand—he said nothing to me—I went out of my bed room into the next room, and out of that room into the cistern, and from the cistern into the yard—there was water in the cistern—it is about ten feet from the ground—I jumped from there into the yard—I tried to get over the palings, and I got over—I then turned round and saw my husband in the little room, at the window I got out of—I got over the wall at the bottom of the garden, and went into the next house up stairs—I remember nothing more—I was not cut any where else besides the throat—I know this razor, it is my husband's—it was kept in all places, sometimes down stairs, and sometimes up stairs—sometimes he would shave in the kitchen, sometimes in the bed room, and sometimes in the parlour—this knife was kept in the shop, and sometimes in the parlour—it is a confectioner's shop—my little finger was cut, I cannot account for how that was done—my husband and I attended to the shop—we had no servant—no one else lived in the house.
Cross-examined. Q. How long after you went to bed did you feel this at your throat? A. As near as possible it was twenty minutes or half-past 6 in the morning—my husband had treated me with the greatest kindness since we have been married—he has been subject to sudden fits of gloom and despondency since he lost his money—he has very often told the customers that they had come in to rob him—the day before this occurred he went into the garden and tore up the ground with his mouth, or endeavoured to do so—on the day this happened there had been a quarrel between us, and I had run into the shop and made a noise before the customers—he did not threaten me in any way while we were in bed; he only said he did not think I should have disgraced him—I had struck him whilst in the shop—he did not say a word to me while he was standing at the bed-side, or while I was getting out of the window.
MR. POLAND. Q. The day before when you say he tore up the ground, was he sober? A. Yes, quite sober—he was in the same state as he very often has been before, he seemed as if he did not know what he was doing—I believe he has lost about 100l. since we have been married, in the shop and different things—he took a shop in the Waterloo-road, and gave 35l. for it, and I do not think he ever took 1l. from it—he did not say anything to me after our marriage about my not having money—he never spoke to me about my not having money—he had not been attending to his business on that day—he was sitting on the sofa in the parlour, he did not serve in the shop; he was fretting all day long.
JOHN WOOD . I am an oilman—on the day in question I was at my father's, which is next door to the prisoner's—about twenty minutes or half-past 6 I heard a scuffling noise in the next house—I looked up to the window and saw the window open and Mrs. Moretti jump out into the cistern in a state of nakedness—I did not see her jump into the garden—I ran inside and told my father—I saw a second person in the room at the time I saw Mrs. Moretti get into the cistern, but I cannot say who it was—it was quite daylight.
MARY ANN WOOD . I live with my father at his house, next to Moretti's, where this took place—I was upstairs in bed—I pulled the blind on one side, and saw Mrs. Moretti in her own garden—she was naked and covered with blood, but I could not tell where it was coming from—I saw her try to get over the paling first at this end of the garden, then she ran to the other end, and got over the paling, and then came along our garden towards the house—I did not see her come in—I did not see her till she got in—I saw the prisoner in the garden afterwards—that was after she was upstairs in the room—I don't think his throat was cut at that time—I did not see any blood. I could not tell whether he was dressed or not.
JANE WOOD . I live next door to the prisoner—I remember Mrs. Moretti coming upstairs to our house, quite naked and covered with blood—I took care of her and sent for a surgeon—I saw the prisoner in the garden, looking over the fence, as I went to the window and pulled the blind down—he was not dressed, he had no marks of blood on him—he was in his shirt—I knew the Moretti's as neighbours—the afternoon before they were quarrelling very seriously—I heard no threats or anything of that sort—I have lived in this house ten years—the Moretti's had been there some months—he was attending to his business all that time.
GEORGE HAYCOCK . I am a surgeon at 85, Church-street—I was called to Mr. Wood's house on this morning—I got there about twenty minutes to 7—I saw the prisoner first at his house—he was in the back room on the left hand side—his throat was out—it was a clear incised wound right across the throat about five inches in length and two inches in depth, cutting through the gullet and the wind pipe—I afterwards went in next door and saw Mrs. Moretti—I found her throat was out—it was a triangular cut, about three inches by two—the wind pipe was severed—I attended to them both, and they were afterwards removed to the hospital—the wound on the wife's throat was a dangerous one—it might have been dangerous to life, if it had been left alone—the prisoner's wound was, I think, more dangerous than hers—there was a very slight swelling on the back of Mrs. Moretti's head—it might have been caused by a fall or anything—this razor might have been used for the man's throat—I cannot say whether it was used for the woman; it was a different kind of cut—the razor might do it—I don't think the knife could have done it; I don't think it would be capable of doing it—I don't think it was done with that knife.
GEORGE WELLAND MCKENZIE . I am surgeon at the London Hospital—on 8th or 9th May Mrs. Moretti was brought to the hospital—I attended to her—she remained there some three weeks or a month, or five weeks—her life was in danger—the throat was cut and the windpipe severed—I should say that she will probably never quite recover—she will be obliged to have a tube in all probability—the prisoner was also brought there—his life was in considerable danger—he remained there the same time—I saw him daily.
Q. Was he in his right mind? A. I saw nothing to the contrary—I saw nothing that would lead me to believe that he was insane while he was in the hospital.
CHARLES WEBSTER (Police-inspector, N). I was sent for on this morning—I went through the house 103, occupied by Mr. Wood, and went into Moretti's house—I went upstairs, and found the prisoner lying on a bed in the back room, first floor, with his throat severely cut—the room was in great confusion as if a struggle had taken place, and there was a great deal of blood about the room—I searched the room, and at the foot of the bed
on the floor I found the knife produced stained with wet blood—there was a bed quilt and blanket lying on the floor near the head of the bed—on removing those I found the razor produced—it was open, and stained with wet blood—I also found near the head of the bed, standing on one end, this wooden handle of an ice-spoon, also stained with wet blood, and near the foot of the bed, on the floor, I found this metal ice-spoon—it appears to belong to the handle—it was broken as it is now—I then went down stairs, and in the shop, behind the counter, was a glass-case, with fresh blood spirted on it—there were also traces of blood from thence to the room where I found the prisoner, it increased as I got upstairs—by direction of the surgeon the prisoner and his wife were conveyed to the hospital—on 20th June I took the prisoner into custody—I told him he was charged with attemping to murder his wife Elizabeth by cutting her throat with a razor or knife, and also with attempting to commit suicide by cutting his own throat—he replied, "How could I when I lost my senses?"
MR. WILLIAMS to ELIZABETH MORETTI. Q. Do you know that the prisoner's father died a lunatic? A. I have heard so.
JURY to MR. MCKENZIE. Q. Do you think the prisoner was in any way insane during the time he was in the hospital? A. No, I should say not.
COURT. Q. Supposing a man had been out of his senses, and then committed such a deed, would the loss of blood and the care taken of him in the hospital have the effect of bringing him to his sober senses? A. I should think it would.
NOT GUILTY on the ground of insanity Ordered to be detained until Her Majesty's pleasure be known .
MESSRS. POLAND and LEWIS conducted the Prosecution.
WILLIAM GEORGE DIX . I am one of the cashiers of the Metropolitan Provincial Bank, Cornhill—Mr. John Gurney of Old Broad-street has an account there—we have no other customer of that name—on 29th April this cheque for 5l. dated 29th April, came from the clearing-house, and was paid—it is on one of our forms—this cheque for 3l. 3s. on 29th April was also presented through the clearing-house, but was not paid—it is signed "J. Gurney," the same as the other—this cheque for 7l. 10s. dated 29th April, signed, "J. Gurney," was also presented through the clearing-house and refused—they are all the same number—this (produced) is our cheque register book, by which I find that a cheque-book, No. 2069, was given out to W. F. Harris on 28th October, 1863—Harris's account with our bank closed, I think, in March, 1864—it is usual to have unused cheques returned to the bank, but it is not always done—this cheque of 5th May for 7l. 10s. signed, "J. Gurney," is one of our forms, but is of a different number, 2109, which was issued to A. Falk and Co.—their account at our bank is closed—this (produced) is their cheque-book with the counterfoils, and this is the pass-book given by our bank to Thomas Harris.
HENRY STEPHEN RIDLEY . I am a surveyor, of 7, Bridge-street, Westminster—I was interested in the Regent Music Hall, and in that way knew the prisoner Honess—on the evening of 1st May, the two prisoners came to the music hall—Honess produced a cheque for s. 10s. and asked if I could oblige his friend by cashing it—he said he would have done it himself, but had not sufficient—I said, "Let me see it"—it was produced, and I asked
who Mr. Gurney was—he said, "He is a wine merchant in Pall Mall"—I I said, "Is he any relation to the Gurney who keeps the European, opposite the Mansion-house?"—he said, "He is the same person"—I cashed the cheque, giving him this 5l. note, No. 76,603, and 2l. 10s. in cash—I offered it to Honess, and he pointed for me to give it to Nash, which I did—I afterwards asked Honess his address, as I wanted a prospectus sent to him—he gave me this card, "Wm. Thos. Honess, C.E., Rose Cottage, Beresford-street, Camber well."
Honess. Q. Who gave you the cheque? A. I believe it was you.
Honess. I wish to see the letter found at my house, directed to you.
Witness. This letter (produced) was put into my hand at the Mansion-house—the address, 75, Old Broad-street, has been struck off the envelope.
ELIZABETH WATERFIELD . I keep the Old Rose, Med way-street, Westminster—on 1st May, the prisoners came there with two females—Honess asked for half a pint of port wine, and Nash paid for it with this bank-note (produced,) for which I gave him the change—he wrote on the note, "J. Nash, 37, Roupell-street, Lambeth;" under which here is "Waterfield"—he is the collector—I saw Evan John Nash at the police-court—it was not him, it was the prisoner.
Honess. Q. Did you see Mr. Nash write on the note? A. Yes.
FREDERICK WILLIAMS . I kept the Horse and Groom, Westminster-road—at the end of April the prisoners came there together, Honess was the spokesman—he asked for Mr. Williams—I thought he meant my brother, who had purchased the house of me—he said, "I come about change for a cheque"—I said, "I am the landlord of the house, if that is your business, but I cannot change a cheque for a stranger"—he said, "I suppose you know Mr. Church?"—I said, "Yes, for many years"—he said, "I will fetch him"—he went out, and returned with Mr. Church's card, saying that he was from home—I said, "Any person can have Mr. Church's card, it is not satisfactory to me, I shall still decline changing it"—he said, "Perhaps you will send your man round with me to Mr. Church's"—I did so—my man said that it was all right, and I changed the cheque—it came back from my brother, marked, "Forged"—I afterwards identified Honess in Newgate—I am certain he is the man.
Honess. Q. Who took the money up? A. I believe you did—I do not think Nash spoke a word.
THOMAS HARRY HILL . I went with Honess to Mr. Church's—we saw Mrs. Church, and I told her in his presence that I had come about changing a cheque—she said that he had been there about it before, but Mr. Church was not at home, and she would not be answerable for the cheque, that she knew the prisoner by sight only—as we went back to my master's, Honess said that Mr. Church had sent him to Mr. Williams to change the cheque, he had not sufficient.
my shop with Mr. Nash, who he said he had just met, and asked if I would give Nash change for a cheque for three guineas—I said, "No, I do not like to take cheques from strangers"—he said, "Do you think your friend round the corner would, Mr. Williams?"—I said, "I do not know"—he came back, and asked me for one of my cards, but I did not know for what purpose he wanted it—I did not send him to Mr. Williams.
Honess. Q. Did not I say, "May I make use of your name to Mr. Williams?" A. I believe you did, but I said that I should not like to have anything to do with it—I give my trade card to any person that asks for it.
THOMAS ANDREW FITZGERALD . I am a professor of music—Honess came to me, and introduced himself as Lieutenant Charles—he came with Mr. Atkins, who I had known at school, and who asked me, as a great favour, if I would change a cheque which Lieutenant Charles gave him, as they were very hard up for money—knowing Atkins to he a respectable young gentleman, I took him to my father, and then to an hotel where my father deals—Atkins endorsed the cheque and it was cashed—four days after that. I found the two prisoners at my father's, who is blind—they went out with me, and Nash tried all he could for me to get cheques changed for him, stating that he had spent all his money, and overrun his resources for the day—I did not get any cheques changed for him.
Honess. Q. Did you see me give the cheque to Atkins? A. No, I went into the King's Arms, opposite Bushey Park gates, and then you beckoned Atkins out, and when he came in again, he was rolling the cheque up.
GEORGE WILLIAM ANDREWS . I am a collector of parochial rates—I have known Nash fourteen years, but have lost sight of him for five or six years—on 4th May he called on me with a cheque for 7l. 10s.—he said that he was in the neighbourhood of Sydenham, and would not leave without calling and seeing me—he sat down, and after we bad conversed on different subjects, he asked me if I could oblige him with change for a cheque which he had taken of a gentleman named Thompson, living over Sydenham—hill—I gave him this 5l. note, No. 59,435, and 2l. 10s. in gold—I asked him to write his address on the back of the cheque, and saw him write "J. Nash, 37, Roupell—street, Lambeth"—it was afterwards given to me at the bank, marked, "Forged"—I went to 37, Roupell—street, and found he did not reside there.
RICHARD MANGER . I am a draper, of Upper Sydenham—on 4th May Nash called on me and asked me to change a cheque for 7l. 10s. which he had taken of a man named Thompson, on Sydenham—hill—he did not shew it to me—I did not change it, and he asked me to recommend him to some body to do so, but I declined—Honess was with him, but Nash was the spokesman.
Honess. Q. Did I stand near him when he asked you to change the cheque? A. No; you walked away two or three yards—I have known. Nash nine or ten years, but do not know his writing.
ANN HALL . I have charge of the house, 3, Duke—street, Adelphi; it is let out in offices—the prisoners had offices there; they took them together in the name of "Kennard"—I thought Honess was Mr. Kennard, and called him so, but after three or four months he said that if any letters came in the name of Mr. Charles they were for him.
JOHN MARK BULL (City—police officer). On 18th May I followed Sergeant Packman to a tavern, and found Honess there drinking in front of the bar—Packman introduced me—he said, "Mr. Bull, Mr. Honess"—I told Honess I was a detective officer of the city police, and charged him with being conconcerned—
with a person named John Nash, not in custody with uttering a forged cheque on 1st May, 1865, to Mr. Ridley, Music Hall, Regent-street—he said, "That is all settled, I wrote to Mr. Ridley yesterday; I am surprised at his taking this course"—I told him Mr. Ridley had no power in the matter—he then said, "I had it from Mr. Nash"—I told him I was about to ask him a question, but he need not answer it, and warned him in the usual way—I asked him if he had the cheque—book that the cheque was taken from—he said, "I have not it by me, but you will find it in my study, and likewise a letter I received from Mr. Nash, if you and Packman will go there with me"—I told him we could not possibly go back with him; we had reasons for not doing so.
Honess. I told you I had received a letter from Mr. Ridley, not from Mr. Nash.
Witness. No, you said that you had written to Mr. Ridley.
WILLIAM SMITH (Policeman). I took Nash on 26th June in the area at the back of his house, 8, Tennison—street, Lambeth—I jumped over the wall, and nearly jumped upon him—I said that I was an officer, and wanted him on a charge of forgery on the Metropolitan Bank—he said, "Let Me put on my boots"—I accompanied him into the kitchen—he said, "you have not read the charge to me"—I said, "I have, and you will be charged on another case, with being concerned, with a man named Honess, now in custody, for uttering a forged cheque for 7l. 10s. to Mr. Ridley, of Regent Music Hall, Westminster, with intent to defrand;" reading it from this paper—he said, "Honess is the cause of it all, he has led ma into all I have done"—he asked me if Honess was tried—I said, "I cannot answer any questions"—next day, going to the Mansion—house, I asked him if he knew Mr. Manger, of Sydenham—he said, "Yes," and that he received only 2l. 10s. out of the 7l. 10s. cheque cashed at the Music Hall, and about 1l. 6s. out of the one changed by Mr. Andrews.
Nash Being taken by surprise I made a mistake, and did not know what I was saying.
Honess put in a written defence, stating that after kit account was closed, he gave his cheque—book, containing four blank cheques, to Nash, who was his managing man, and had been in hit employ over two years, and who said that his friend Mr. Gurney would draw them; that he told Nash hit account was closed, and therefore whatever he did with the cheques, they must be paid.
Nash's Defence. These cheques were given to me in blank by Mr. Honess, and I took them to Mr. Gurney, who had not been in town for two months, and a Mr. Catty filled them up for me. It is quite clear that they are not in my writing.
GUILTY .— Seven Years' Penal Servitude each.
MR. BESLEY conducted the Prosecution.
GUILTY .— Confined Two Years.
NEW COURT—Thursday, July 13th, 1865.
Before Mr. Common Serjeant.
MR. MCREMORE conducted the Prosecution, and MR. MONTAGUE WILLIAMS the Defence.
WILLIAM POPLAND STONE . I was in the employment of Brown, Janson, and Co., but have left—on 19th May I went out on my usual rounds, getting bills for acceptance and bills which were due—I had this bill-case (produced) containing a cheque for 8l. 11s., some coupons, a bill of exchange for 200l., a 40l. bank-note, a circular note on the London Joint Stock Bank, and other securities—it was safe when I was in Angel-court, in my breast-pocket; it was then half-past 12 o'clock—I went and had some refreshment, and then missed it—I had no chain to it—I do not know whether it was stolen; I do not think anybody could have taken it without my knowing it—this is the book (produced)—the name of Brown, Janson, and Co., which was on it in gold letters, has been rubbed out—this is one of the cheques for 22l. 8s. 10d., and here is a coupon for 8l. 7s., and a bill for 2l. 5s.—I heard nothing of it till 13th June.
THOMAS EVERETT . I am shopman to Mr. Beale, a tailor, 173, Bishopsgate-street—the prisoner worked for him—on 12th June he came and asked if Mr. Beale was in—I said, "No"—he gave me a bill of exchange for 2l. 5s. and asked me to cash it for him—I said that I could not, but if he would leave it till the afternoon I would—in the afternoon I sent a boy to the bank—I asked the prisoner if it was drawn to him—he said, "Yes"—I asked him why he did not go the bank himself—he said that he was not in the habit of going to the bank, and never got one cashed in his life—I told him I could get it cashed for him—he said that he should feel obliged if I would—I gave it to the boy Allen M Lucas.
Cross-examined. Q. How long have you known the prisoner? A. Three or four months, but I know that he has worked for my principal for a considerable time.
CATHERINE ARMSTRONG . I am a tailoress, of 7, Sun-square, Bishopsgate—I picked up this case in Finsbury-pavement, but do not remember the day—it was between 12 and 1 o'clock, or between 3 and 4 o'clock—I can-not read—I opened it, brought it home, and showed it to the prisoner next morning—I live two doors from him, and am in the habit of seeing him often—he opened it, looked at it, and said that the papers were not of much value except to the owner—I left it with him, and did not see it again till I was at the Mansion-house—I did not inquire about it, though I worked with him for six days afterwards—some little time afterwards I saw Packman, who asked the prisoner if he had any more of those papers—he said, "No, none whatever"—I left the room after that—my husband has left this country—he left this country before I picked up the case—I do not know where he is now; he went to America.
Cross-examined. Q. Do you say, on your oath, that you handed these things to the prisoner the morning after you found them? A. Yes—I have stated that I did not show them to my husband, because he did not come home that night—he is a tailor—I did not inquire what he was going to do in America—I suppose be earned the money to go with—I can earn my own provision—I have three children—I do not know the name of the ship my husband went in—I went down to Gravesend to see him leave, but he told me the ship would not go that night—he showed me the vessel off in the water—if he had shown me the ticket I should not have known what it was
—I have not heard from him since—I did not ask the prisoner whether the papers were of any value, or what he had done with them—no one was with me when I found the case—I have never said that I handed it to the prisoner some days after I found it—I showed it to nobody but the prisoner—I do not know a man named Morrissey; I know Moriarty—I do not know whether it was on the Derby day that I went down to Gravesend—I do not know the difference between a bank-note and a cheque.
COURT. Q. Did you go to Gravesend before or after you picked up the case? A. Before, and I have never seen my husband since.
ROBERT PACKMAN (City-policeman). On 12th June, between three and four o'clock, I went to Messrs. Parsons' bank, and from there to 5, Sun-square, Bishopsgate, with Everett and a clerk from Janson's bank—it is a small cottage, the prisoner lives there—he was brought down to the front door by Everett—I told him that I was a policeman, and asked him if he had given a bill to be cashed for him at the London Joint Stock bank that morning, he said that he had—I told him that bill with a number of others had been stolen, and asked him how he came into possession of it—he said that he received it from a woman named Armstrong, next door—I asked him who she was and what her husband was—he said, "A tailor, and she is a tailorees, and works at Clare-market"—I asked him if she would be likely to be at home—he said, No, he was certain she would not—I said that he must accompany me to Clare-market to see if his statement was correct, and asked him if he had got any more papers or cheques which he had received of the woman—he said, "I have got one cheque and a piece of paper"—I accompanied him upstairs to the attic and he took from his waistcoat pocket this cheque for 22l. 1s. 10d., and a coupon—three females were present, the last witness was one of them, but nothing was said upstairs about Mrs. Arm-strong—just before he went up I requested him to search his pockets very particularly to see if he had any more papers, received from Mrs. Armstrong—he said, "No, I have no more, and certainly I must know what papers she gave me"—immediately I had received the cheque and the piece of paper Mrs. Armstrong said, "I shall not wait any longer," and left the room—the other two remained—they were the prisoner's wife and mother—I then made some inquiries in the square previous to leaving the neighbourhood and found that Mrs. Armstrong had been seen in the square while I was upstairs, not two minutes before—though she was in the room I did not know it was her—she was in the room when the prisoner said she was at work in the market—I afterwards went and said, "It is of no use going to find Mrs. Armstrong, for she has been seen in the square not two minutes ago, if you come with me to the several public-houses we shall find her"—the prisoner seemed reluctant about going, and I said, "Who was that woman who left when I was here?"—he said, "Oh, that is a particular friend of my wife's "I said, "Where does she live?"—he said, "In Long-alley"—I said, "she knows something is wrong, I do not feel satisfied with the account you give, you must accompany me to the police-station"—he said, "I may as well be straightforward and tell you the truth, that was Mrs. Armstrong who left while you were there; I suppose you are going to look over my place"—I said, "Yes"—he said, "you will find several more papers"—I said, "Are there any more bank notes?"—he said, "No"—I found this bill case and several papers with "Brown, Janson, and Co." on them.
MR. WILLIAMS contended that there was no case to go to the Jury as to the stealing, and that if the bill case was not stolen it could not be received "knowing it to have been stolen." The COURT considered that there was no larceny, as
the woman Armstrong found the bill-case, and that the prisoner could not there-fort have feloniously received it.
NOT GUILTY .
ROBERT THORP . I live at 26, Great Pulteney-street, Golden-square—on 24th June, past eleven o'clock, I was going home down Poland-street—I went into a bye-street, New-street for a certain purpose, and the prisoner and several others came there—they hustled me and the prisoner caught me by both arms and said, "What do you want to kick up a row with me for?"—I then missed my watch which was safe five minutes before—I would not have taken 4l. for it—I am sure the prisoner is the man—I had been drinking, but was not drunk.
Prisoner. I saw a crowd round you and went up and asked you what was the matter.
CATHERINE THORP . I am the wife of the last witness—I went out to look for him at half-past eleven and saw him standing against a post, when he turned round to come home I saw the prisoner holding him—I ran up and said to my husband, "Come along"—he said, "My watch is gone"—the prisoner marched a few steps and then turned back again—I gave him in custody—I heard him say to my husband, "What do you want to kick up a row with me for?"—my husband was drunk.
ANN THOMPSON . I am the wife of Michael Thompson, of 3, Little Chapel-street—I saw the prisoner on the edge of the kerb—the prisoner went up, caught hold of him, put his hand to his waistcoat-pocket and said, "What do you want to kick up a row with me for?"—he gave his hand a twist, and then the prosecutor's watch chain fell, and his wife came up and gave him into custody.
Prisoner. If I had hold of his arms how could I take his watch?
WILLIAM HELLICAR (Policeman, C 171). The prisoner was given into my custody—he said, "I only come up to see what was the matter, you can take me to the station, you will find no watch on me"—the bow of a silver watch was picked up and handed to me.
Prisoner's Defence. I was drunk, I know nothing about it.
GUILTY .—He was further charged with having been convicted at Westminster in January, 1857, to this he
PLEADED GUILTY.—** Confined Fifteen Months.
MR. HARRIS conducted the Prosecution.
JAMES ROSS . I am a seaman and have been staying at the Sailors' Home, Whitechapel—on 4th July, about one o'clock, I went to the Tower beer-shop, Tower-hill—the prisoners both came in—Williams put his hand round my neck while I was drinking, and I missed my watch from my left waistcoat pocket—my chain was left—I said, "You have taken my watch"—he said, "Do you impeach me with taking it?" and then a policeman came in—this is my watch (produced).
Williams. I could not put my hand round his neck and take his watch at the same time.
WILLIAM HILTON . I live at 22, St. Mary-axe—I was at the Tower beer-shop and saw Williams put his hand into Ross's pocket and take his watch out—a gentleman called for a pot of beer, I went down for it and when I came back Ross said that he had lost his watch—I ran down and told the
landlord—Carroll was sitting on a form apparently asleep—one policeman came and I went for two more as there was resistance.
WALTER CURTIS . I am a ship's steward and live at 69, Queen-street, Horsleydown—I saw Williams with his arm round Boss's neck, and a few minutes after he left him his chain was hanging from his pocket—Carroll was about two yards from him—Williams did nothing else; a policeman was sent for and Williams said that he had not got the watch.
JOSEPH STRUDWICK (Policeman, A 685). I was called and saw Williams in the middle of the room—I stood at the door and said I would allow no one out of the room till they were searched—there were three females there—I got them into a separate room—I then told Williams I must search him—he said, "No one b----r shall search me"—he shut the door and locked it, saying, "That is how I will serve you if you touch me"—Carroll was sitting down, he got up and stood in the middle of the room—Williams left me at the door and shoved against Carroll—I saw their hands meet and saw something pass from Williams to Carroll, who then went and sat on a form in front of the fire-place with his hand behind him—he was there about three minutes—when other constables came in I called their attention to the fire-place and saw this watch picked up there, behind where Carroll was sitting—I threw Williams down and searched him—he made great resistance—I gave him to another constable and took Carroll to the station—they both denied knowing anything about the watch—I found the bow of it (produced) in the room the next day—Carroll made no resistance. WILLIAMS GUILTY .— Seven Years' Penal Servitude.
** Confined Nine Months.
Before Robert Malcolm Kerr, Esq.
MR. R. N. PHILIPPS conducted the Prosecution, and MR. WOOD the Defence.
GUILTY of the attempt .— Confined Eighteen Months .
Before Mr. Baron Martin
MR. DALEY conducted the Prosecution.
HENRY RILEY . I am in the service of Messrs. Wallis and another of Woolwich, drapers—on Monday, 12th June, about 6 in the evening, I was behind the counter, in my masters' place—there was a piece of coloured flannel on a pile of goods near the door—I saw the goods moving, and went from behind the counter, and the prisoner was then walking towards the door—I asked her who she wanted, and I saw the flannel drop from her on to the pavement, about nine or ten feet from the shop—she wished me to let her go, and tried to get away, but I brought her into the shop and kept her till a constable came.
Prisoner. I was very much intoxicated, and stumbled against this pile of goods, and one or more pieces fell down. I was going to place it back, when the young man came out and gave me in charge.
JOSEPH PHILLIPS (Policeman, R 130). The prisoner was given into my charge—I asked her what she went to the shop for, and she said, "To examined some shawls"—a penny and a pair of gloves was found on her.
The Prisoners Statement before the Magistrate.—"I am very sorry."
Prisoner's Defence. If you will look over it this time, I will never come here again.
MR. DALEY conducted the Prosecution.
GEORGE MACKIE . I am a workman in the Royal Arsenal—on 1st July, about 12 at night, I was in Woolwich alone—I stopped to see a fight in the street, and some one attacked me and knocked me down—Jordan was about three yards from me—I do not know whether he is one of the persons who knocked me down—two or three men got on top of me, and one put his hand across my mouth—I felt a button of my coat go, and then felt my watch go—this is it (produced)—it is worth 30s.—I did not see Fitzgerald.
Jordan. I do not plead guilty to the assault, but I plead guilty to taking the watch out of your pocket.
HENRY MALIN . I am a shopman, and live at 92, High-street, Woolwich—I saw the prosecutor knocked down—I did not see either of the prisoners then, but I afterwards saw Jordan, who I knew by seeing him about—there was a fight, and the prosecutor was looking on—Jordan said, "What has it to do with you?" and knocked him down, and took his watch from his pocket—I ran after him, caught hold of his arm, and said, "Come back, you have got the man's watch"—he made no answer—when we got to the wall I let go of him, because it was dark. I gave a description of him.
MARY DE GROTH . I am the wife of William De Groth, of Warner-lane, Woolwich—I know both the prisoners by sight—on Sunday morning, 2nd July, I met Fitzgerald in Warner-lane—she asked me if I wanted to buy a watch—I said that I did not, but I would take it to my husband—she showed it to me when I got home—this (produced) is it—my husband refused to buy it.
ELLEN MCDOUGAL . I am the wife of James McDougal, a soldier, and live at the Shamrock tavern—I know the prisoners, I have seen them come into the house—on Sunday evening, 2nd July, Fitzgerald came in and asked me if I would take care of a watch for her, as she had got it out of pledge—I did so, and on Monday morning she came and asked me to give it back to her—she said that she was going to chuck it over a wall—I asked her what was the meaning of chuck—she said, "throw"—when she said that, I knew it was stolen.
Fitzgerald. I said, "Ellen, give me the watch, I did not know it was stolen, I will give it up at the Court" Witness. No, you did not.
Woolwich, on Monday evening, July 3rd, and found Fitzgerald—I told her she was charged with being concerned with Jordan in stealing a watch on the Saturday night previous—she said, "I have not got it now—I have made away with it."
Fitzgerald. I told you I would send you where the watch was.
The Prisoners' statements before the Magistrate.—Jordan says: "I found the watch at the side of the prosecutor in the gutter, when he was down." Fitzgerald says: "I got the watch from Jordan, I did not know it was stolen."
FITZGERALD, GUILTY .— Confined Six Months.
JORDAN, GUILTY .—He was further charged with having been before convicted.
GUILTY**— Seven Years' Penal Servitude.
MR. DALEY conducted the Prosecution.
WILLIAM EDWARDS (Policeman, R 220). On 17th June, at 1 o'clook in the morning, I was in Hall-street, Deptford, and found three men, of whom the prisoner was one, and five or six prostitutes quarrelling—I requested them to move away, and called another constable, Allcock—the prostitutes went indoors, but the prisoner said, "I am not going to be done in that way"—I said, "What way?"—he said, "I am not going to be done out of my girl like that"—I said, "They have gone in doors, now you go home"—he made use of very bad language, and went away into High-street—after he had gone a short distance, he came back, and said that he would have our b----y lives before he went to bed that night—he commenced feeling in his pockets, as though for a knife, and before I could get my staff out he ran at me, knocked me against the wall, knocked my hat off, and I felt a very heavy blow on my head—blood came pouring all over me—I said to Allcock, "Look out for the knife, he has let me have it'—I saw something shine in the prisoner's hand, and then saw blood streaming down Allcock's face—we both seized the prisoner, he put his hand in his pocket, and kept it there till we got to Deptford Broadway, where we met Greenay, who took the prisoner's hand out of his pocket, and found the knife in his hand, partly open, with the handle up his sleeve—I had two slight cuts on the head, and the doctor ordered me home, but I took my duty again that night—the prisoner had been drinking, but was not drunk.
ARTHUR ALLCOCK (Policeman, 280 R). I saw the prisoner and two other men, and five prostitutes—the prostitutes went in, and the prisoner went into High-street, and said that he would take our b----y lives before he went to bed—I saw something in his hand—he ran at my brother constable and struck him—the blood streamed out—I seized him, and he stabbed me twice—we met another constable who took the knife from him.
Prisoner. I know nothing about it. I was as badly used as they were.
GUILTY of unlawfully wounding . Confined Eighteen Months .
Before Mr. Common Serjeant.
MR. WOOD conducted the Prosecution.
CAROLINE STEVENSON . I live at Deptford—on Saturday night. 24th June, at a few minutes past 10. I was in a pork-butcher's shop in High-street. Deptford—a woman was standing there when I went in and she had what she wanted and went out and the prisoner then came in—I had a purse in my pocket containing 18s. 6d.—I took it out and took a shilling out of it and put the purse in ray pocket again—I am quite certain of that—the prisoner was there standing close by my right aide and she had a little girl with her who stood behind me—I put my hand in my pocket again to put some coppers in and missed my purse—I moved the prisoner by the dress and looked on the floor for it—she said, "What are you doing of do you think I am the thief?"—I said. I certainly did as there was nobody else there—she said, "If you think I am the thief you had better search me"—she then went out of the shop came in a few minutes afterwards and abused me and said, "Now. If you think I am the thief you had better search me"—I told her I should like to do so—she then went out and I went too—she was turned out of the shop for abusing me—I followed her and gave her into custody.
Prisoner. Q. Did you see me go into the shop? A. Yes—I did not see you buying any meat—I took the puree out as you stood by my side.
MR. WOOD. Q. Was any one else near you at the that time. A. No, no one but the prisoner.
LOUISA STEVENSON . I am the daughter of the last witness—I was with her at this butcher's shop—I was standing on the left side of her, and the prisoner was on the right, her daughter was standing by her—I saw my mother take out her purse and take a shilling out—the prisoner looked very hard at the purse, and I touched my mother's dress to call her attention to the prisoner, but she did not notice it—the prisoner stood there some little time afterwards, until my mother complained of losing her purse—she said to the woman of the shop, "Oh dear, I have lost my puree"—she looked about and then shook the prisoner by the frock and looked on the ground—the prisoner said, "Do you think I am the thief? you had better search me," and she then went outside the shop, out of my sight—she afterwards came in again and called my mother a d—d brazen faggot.
ESTER STHEVENSON . I am the wife of Richard Stevenson—the prosecutrix is my mother-in-law—I happened to be passing by the butcher's shop on the 24th June, and saw the prisoner abusing my mother-in-law—I waited outside—the prisoner came out and spoke to some females outside, and then went back and abused my mother-in-law again—she then came out again and said, "Here, my dear, take this, your mother is going to be locked up"—my mother-in-law told me she had lost her purse, and that she was sure the prisoner had token it, and I persuaded her to give her in charge—I did not see what the prisoner gave to the child, and I did not see the child, I only heard what she said.
ATHUR ALLCOCK (Pliceman 280 R). On Saturday night, 24th June I took the prisoner and her little girl into custody on a charge of stealing a purse containing 18s. 6d. from the person—she said, "You must be a b----fool to think that I took it"—I said, I could not help it as she was given
into custody for taking it—on the way to the station she said, "I had the half sovereign, but I'm d—d if any one shall have it"—she was searched at the station, and 4s. 3d. in silver, and 9d. in copper, and eight pawn tickets were found upon her—nothing was found on the little girl, and she was set at liberty.
COURT to CAROLINE STEVENSON. Q. What coins did your money consist of? A. A half sovereign, and the rest in silver.
The Prisoner's statement before the Magistrate:—"I did not go back into the shop at all, nor did I say to the lady, 'Now search me,' after I bad left the shop."
Prisoner's Defence. I said to the policeman, "A half sovereign might be a long time in her pocket before I took it"—I am innocent of it—I was never accused before of such a thing.
GUILTY.—Recommended to Mercy . Confined Six Months ,
MR. GENT conducted the Prosecution.
HUGH MANLEY TUITE . I live at Queen's-terrace, Woolwich-common—on the evening of 24th June, a little after 9 o'clock, I was outside my house, on the balcony—I noticed the prisoner go alongside my house about five yards from it—she entered a gateway on Mr. Webb's premises, and went a few yards up to the side of the house—there was some linen on a rope in the yard—she was about eight yards from me—I saw her put her left hand up and drag some linen off the line and put it under her right arm—she then left, and went up Jackson's lane—I followed her—she was walking slowly, and when she got in front of her house she gave the linen to a child who was walking with her—she had two children with her—she then went into the house—I came back, communicated with Mr. Webb, and afterwards pointed the house out to a policeman—I went in with him and identified the woman—I have no doubt she is the same person.
COURT. Q. Was it dark? A. No; it was light enough for me to see a person—I followed her immediately.
HENRY ROLLINGER (Policeman, R 138). On the evening of 24th June, from something that was said to me, I went to the prisoner's house in Jackson's-lane—she was not there—she was standing a little further along the road—I knocked at the door—she came to me and asked what I was doing there—I told her there had been some linen lost on the common from the premises of Mr. Webb—she said she knew nothing at all about it—I said, "You do not mind me looking in the house"—she said there was nothing there—I said, "I must search the house"—she said, "I will let you in"—and she let me in and walked round with me—I said, "I must have a look in this room"—she allowed me to look in, and then I looked in another room up stairs, but could not find anything—I said, "I must look' at the back"—she then passed in front of me to the back, opened the door with her right hand, and made motions with her left hand, as if she was throwing something out, which looked white—I undid the door and looked outside, but it was dark—it was some few minutes before I saw these things lying about three yards off—I found three pairs of drawers—I said, "Do you know anything about these things?"—she said, "No, nothing at all about them"—I said, "You must know, there is no one else in the house besides you"—she burst out crying, saying she did not know any-thing about them—it is her house.
COURT. Q. Is it one of a row of houses occupied by working people? A. Yes; the back yards are separated by a wooden fence about two yards high—the house on the side where I found the linen is not occupied—the other side is.
HENRIETTA MCINTOSH . I am servant in the family of Mr. Webb—I hung this linen out on 24th June—it consisted of three pairs of drawers—I last saw them safe about a quarter of an hour before it was taken—they are Mr. Webb's property—my attention was called to it by General Tuite—it was gone then.
Prisoner. Q. Did you see me take the drawers? A. No; I went with the policeman to your house—you allowed him to look in the house.
Prisoner's Defence. I am quite a stranger there—I have four children—I am innocent of the charge.
GUILTY. Strongly recommended to mercy by the Jury .— Confined Two Months .
Before Robert Malcolm Kerr, Esq.
MR. GOUGH conducted the Prosecution, and MR. METCALFE the Defence.
WILLIAM LEE . I am a pork-butcher at Trafalgar-road, East Greenwich—on Saturday, 29th April, about 4 in the afternoon, the prisoner came in for three saveloys, and gave me a bad half-crown—I tried it in my teeth, and asked her if she knew where she got it from—she said, "From a tradesman down the road"—I told her it was quite wrong of me to give it up to her, but if she was quite sure where she got it from, I would give it to her back again—I gave it to her back, and she said she would return again in a few minutes for the saveloys—I saw her go out and join another female under an umbrella—it was a wet day—I called some one to mind the shop, and went to the station for a constable, and when I returned the women were gone.
Cross-examined. Q. What day do you say this was? A. 29th April—I am quite sure of the date—I bought some pigs on that day—I said before that it was a Saturday preceding Good Friday—it might be the Saturday before or two or three Saturdays before—it was 29th March, not April—I am positive it was before Good Friday—I believe I saw the prisoner a month after—I had not seen her in the mean time—I gave the other woman into custody afterwards.
EDWARD TRAFFORD . I am landlord of the British Queen, Woolwich-road—on 29th April, about quarter past 3 in the afternoon, the prisoner came in and asked for a glass of sherry—she tendered me a bad half-crown—she saw me looking at it, and said, "Do not you like it?"—I said, "No; it is a bad one"—I bent it a little, and threw it on the counter, and she said, "I will give you another for it." and she did so, and I gave it her back—she then left, and went towards Woolwich—I saw her about five minutes after-wards—she repassed my house and went Up the road towards Greenwich—I followed her and she went into the Lord Nelson.
Cross-examined. Q. Did you go into the Lord Nelson? A. I did not—I have a son living opposite, and I sent him in—I bent the coin a little—I have known good money bend.
AGNES WILKINSON . I am a barmaid at the Lord Nelson public-house—about half-past 3 on Saturday afternoon, 29th April, the prisoner came in and asked for a glass of sherry and cold water, and gave me a half-crown—I gave her 2s. 3d. change—I put the half-crown in the till—there was no
other there—she was in the act of leaving when Mr. Trafford's son came in and said something to me—I went to the till, and found a half-crown—I can swear it was the one I put in—I bit it; it was bad—I told the prisoner it was bad—she hesitated, and then took out a good one from her purse—I gave her back the bad one, and she left the house immediately.
Cross-examined. Q. Have you any detector? A. No—I did not show the half-crown to any one else—I was taken off my guard by the appearance of the prisoner—I was very busy at the time.
RICHARD TAYLOR . I am a painter, at 11, Upper East-street, Greenwich—on 29th April, between 3 and 4, I was coming from West Greenwich, and saw the prisoner by the Greenwich school—just as I got opposite her I saw her shake a large white handkerchief towards some railings, belonging to the school—about three minutes after I saw a policeman and the potman running towards West Greenwich—no one else had been near the place—I saw them fetch the prisoner back—about five minutes after she had been taken, I saw another policeman come up, draw his stuff, and put it through the railings, close to where I saw the prisoner shake her handkerchief, and draw out a paper of money—I saw it in his hand.
Cross-examined. Q. Have you not said that it was half an hour after you saw the handkerchief shaken? A. No—I am quite sure it was not—I did not see any one go by at the time on that side of the road—they are very high railings, but there is a short railing at the bottom of the high one—they are very close—I cannot put my fist through—I can get my hand and arm through.
MR. GOUGH. Q. Was the packet small enough to go through? A. Yes.
WILLIAM CABBAGE (Policeman, 223). On 29th April, about 4 o'clock, I was at the Park-road station—from information I received I went to the place mentioned by the last witness—I saw the prisoner walking along—I ran along the road and stopped her—I said, "I beg your pardon, there is a gentleman behind wants to speak to you; you need not be frightened"—I took her back, and the potman said, "That is the woman"—I asked the prisoner what she had to say to the charge of tendering a bad half-crown at the Lord Nelson—she said she had none—at the station I asked her what she had done with the half-crown—she said she had thrown it out in front of the house—I went to look, but could not find it.
CHARLES WILDERSPIN (Policeman, 268 R). On Saturday, 29th April, between 3 and 4 o'clock, I went towards the College railings—I saw another constable near—I was looking along in the railings—I saw a parcel—I pulled out my staff, pushed it through the railings, and found this piece of paper, containing seven half-crowns (produced)—I have had them ever since—there was a piece of paper between every one.
Cross-examined. Q. Was the prisoner in custody when you came to the station? A. Yes—the station is about 700 yards perhaps from this place—the parcel was about two feet or two feet and a half through the railings.
RACHEL CABBAGE . I am the wife of William Cabbage, a policeman, and am female searcher at the police-station, Greenwich—on 29th April, I searched the prisoner—I found on her 9s. 3d. in silver and 11 1/2 d. in copper.
Cross-examined. Q. Will good money bend? A. Very few can bend a half-crown with their finger and thumb—I have never seen a good half-crown bend—you can bend it in one of those testers.
The Prisoner received a good character.—
NOT GUILTY .
MR. GOUGH conducted the Prosecution, and MR. METCALFE the Defence.
WILLIAM LANE . (The evidence given by this witness in the last case having been read over to him, he said) There is a mistake there; it was on a Saturday, three or four weeks previous to Good Friday, that the prisoner entered my shop—I am quite sure this was a bad half-crown.
Cross-examined. Q. Did you give a woman in custody? A. Yes—I was requested to do so by the Magistrate—I said in the last case that it was 29th April; that was a mistake; it was the day I recognized her at the station—I misunderstood the question—it was two or three weeks before Good Friday—when I said 29th April, I was aware that the other witnesses had said so—I tested the coin with my teeth.
The evidence of EDWARD TRAFFORD, AGNES WILKINSON, and RACHAEL CABBAGE was read over to them, to which they assented.
GUILTY on Second Count.— Confined Twelve Months.
MR. LUMLEY conducted the Prosecution, and MR. LEWIS defended Wagstaff.
THOMAS EARL . I keep the Volunteer beer-shop, Plumstead-road—on Saturday, 1st July, I saw the prisoners looking over my blind—Williams then came in and asked for a shilling in change for two sixpences, he had nothing to drink—Wagstaff then came in, and called for a glass of ale, and gave me a shilling—I tried it, laid it on the side of the till, gave him the change, and he went out—directly he got outside I found it was bad, and sent a young man to watch them—I went out, and saw them laughing and talking along the road—I followed them, and saw Williams go into the Horse and Groom, Wagstaff waited outside—I told him I wanted him—he said, "What for?"—I said, "You know what for"—he looked up, and said, "I was in your house just this moment, and had a glass of ale"—I said, "Yes, you know what you gave me"—he said, "Yes, I gave you a shilling, if it is bad I will give you a good one for it"—I had said nothing about it being bad—I said, "Your companion is in the next house, and if he has not passed a bad shilling, you may give me a good one and go"—I took him into the Horse and Groom, and asked my waiter in both prisoners' presence what Williams had done—he said that he had passed a shilling—I asked the landlady to look in the till, which she did, and found a bad shilling—I noticed that Wagstaff was in a corner looking uneasy—I took hold of him, and said, "You have got some bad money in your hand now," and took a florin from his hand—I saw Wagstaff with a brass tobacco box in his hand—the landlord gave them in charge, but the tobacco box was not found—I asked Wagstaff where it was, he said that he had not had one, he had a pouch—I told him I had seen it, and sent a young man back to look for it—it was exactly like this one (produced)—I gave the bad shilling to the police-man—this is it.
Cross-examined. Might it not have been his watch that you saw in his hand? A. No, it was a brass tobacco-box—I mentioned it before it was found.
CHARLES MUNDEN . I assist Mr. Earl—I saw the prisoners going down Plumstead-road—Williams went into the Horse and Groom—I went in after him—he called for a glass of ale, and put down a shilling, a little boy took it up, and I noticed that it was a lion shilling—Mr. Earl said, "You apprehend him"—I went out, Williams came out, and I took him in custody
and took him in again—the landlord took the shilling out of the till, looked at it, and we took the prisoner to the station.
WILLIAM SAMSON . I live with my father, at the Horse and Groom, Plumstead—I remember Williams coming in—he ordered a glass of ale, and tendered a lion shilling—I noticed it before I put it into the till—there were about five shillings there, but no lion shilling—he drank his ale, and had got outside, when Mr. Earl and Munden brought him back, and asked me if I had taken any bad money—my mother opened the till and took out the lion shilling, which I recognised—my father came in and bent it, and gave it to Moss—next morning I was cleaning up the bar, and found a brass tobacco box concealed behind some trays—I found eight bad shillings in it, and another on the floor with a lion on it, it is one of William IV.
Cross-examined. Q. Did you notice the lion before you put it in the till? A. Yes, and I noticed the newness of the shilling, and the edge—new shillings of such an old date are uncommon—it was a George IV. and the one I found on the floor was a William IV.—I did not notice the date before I put it into the till, I only noticed that it was a lion shilling—we take particular notice of all the lion shillings that come into our hands, because we have been looking for lion sixpences, and cannot find any—I mean a lion standing on a crown—we notice the shillings on account of trying to find the sixpences—I told Mr. Earl that I had taken a lion shilling from Williams.
WILLIAMS. Q. How many people tried it? A. I tried it and thought it was good, and my father and mother both sounded it and thought it was good, but my father thought it was too light—I did not drop it in the till immediately you gave it to me—you did not go away afterwards, you sat on the steps.
ELON SAMSON . I keep the Horse and Groom beer-shop, Plumstead—on Saturday night, 1st July, the prisoners were in my house, Mr. Earl and Munden had got them—my wife took a shilling out of the till—I found it was bad, and gave it to Moss—next day my son gave me a shilling and a brass tobacco box containing eight shillings wrapped separately in paper—I gave them to Moss.
THOMAS BEASLEY (Policeman, R 159). I searched the prisoners on 1st July, and found on Wagstaff 4s. 10d. in silver, and 5 1/2 d. in copper, and on Williams 5s. in silver, and 12 pence—one of Wagstaff's trousers pockets was cut out.
WILLIAM WEBSTER . These two shillings are bad, one is of 1826, and the other of 1834, William IV.—in the tobacco box are nine shillings, all bad—three of them are of 1826, from the same mould as the one uttered, and three of William IV., from the same mould as that uttered—there is no such thing as a lion sixpence, but there is one with a lion standing on a crown—lion shillings in good preservation are now rare—a new shilling with a crown on it would be singular.
Williams' Defence. I am the dupe of another man; I did not come here through my own folly; I met a man in the St. Ann's Arms, who asked me if I had got a situation; I said, "No;" he took me down to Plumstead, and sent me into the public-house, and waited while I got a shilling for the sixpences, he then said, "You can go and get yourself a glass of ale;" I thought he gave me the shilling I bad given him; I did not know there
was anything wrong; I should know him again; I have seen him several times in the St. Ann's Arms.
The Prisoners received good characters.
GUILTY.— Strongly recommended to mercy by the Jury.—Judgment Respited.
Before Mr. Common Serjeant.
MR. HARRIS conducted the Prosecution, and MR. WILLIAMS the Defence.
NOT GUILTY .
Before Mr. Recorder.
MR. PATER conducted the Prosecution, and MR. LILLEY defended Ray.
CHARLES READE . I am a surveyor—at the time in question, I lived at Nunhead-lodge, Peckham Rye—I am now living at Gravesend—on 28th April last, about half-past 8 in the evening, I left home, and called at the Belvedere tavern about half-past 9—I was in conversation with the landlord for some considerable time, I should say nearly an hour—I had two three-pennyworths of brandy-and-water—I then heard skittles playing, and said, "Have you a skittle ground?"—he said, "Yes, a very nice one, would you like to see it?"—I said, "Yes"—I went in and saw several persons playing, amongst them the two prisoners—I sat some time watching them—I afterwards played a game with Harwood—the prisoners both betted on the game, I don't know what amount—they betted on my play—I lost the game—they abused me for losing their money, and Ray said, "What are you going to stand, now you have lost my money?"—I said, "You can have anything you like"—he called for two pots of cider, which I objected to—I said, "You can have a pot of stout if you like," and I called for it, and paid for it—I just drank about a quarter of a glass with them—Ray then said, "Come, I will toss you for a bottle of wine, to see what you are made of"—I said I was not in the habit of tossing for wine, but I did not mind—we tossed, and I lost, as they stated, but I don't consider it was a fair toss; I therefore objected to pay, and the landlord demanded 7s. for the wine, which I considered an extravagant charge—upon that they very much abused me, and called me everything they could lay their tongue to, and the landlord seemed to acquiesce in everything they said—I said it was not because I had not the money to pay, and I took out six sovereigns to show him—eventually the landlord turned us all out, saying he would have no disturbance there—I am quite satisfied that I had the six sovereigns about me when I left the house—when I left the house I went towards my own residence—I had to go down Linden-grove—that is a very retired road, shaded by trees; you can see no lamps—I had got nearly half the distance down the grove when I was knocked down on my face by a violent blow from behind, on the back of my head, and was fallen upon immediately by more than one person—I received several other blows, and several very severe kicks—I was turned on to my back and knelt upon—they then commenced
rifling my pockets, and I distinctly felt them take out the different things—they searched every pocket I had, except the one where the six sovereigns were, they could not discover that—some silver was taken—they then held a sort of consultation over me—one said to the other, "I know the b----has got it somewhere"—the other replied—it was all in deep whispers, except when they knocked me down—I distinctly knew what two persons were over me from the observations which they made—one was abusing me when striking me on the ground—"I will see, you b----, why you shan't pay for the wine that you lost;" and the other said, "The b----has been losing my money at skittles"—they kept hitting me all the time with all the force they could—after holding the consultation over me, one said, "I know he has got it somewhere," and the other said, "Rip him up"—I struggled all I could—one knelt on my chest, and took me by my beard and dashed my head on the ground, saying, "Will you tell us where it is?"—my beard came out by handsfull—I several times begged them to let me get up and go home—they said, "No, you b----, you shall never go home again alive"—they then ripped up my waistcoat, trousers, and shirt from top to bottom, and felt all over my body—in doing so, I presume they heard the money rattie—it was in an old breast-pocket—I was again pulled on my side, my waistcoat overhauled, and I felt their fingers go in and take them out two or three at a time; they could not take them all out at once, it was a very small pocket—some jet studs were also taken from the same pocket—immediately afterwards I was released on one side—I then made an effort and partly got up, and grasped hold of Harwood, whom I succeeded in catching by the neckcloth—I held on to him—he dragged me some little distance—I was very weak, and my clothes were all torn and hanging down about my ancles—I could not call out, my mouth and eyes were closed—I could only hold on to him—I held him with one hand, and clung to a fence with the other, and he had me by my beard, and was hitting me in the face every time he could—besides the six sovereigns and the silver, I lost an eye-glass, a penknife, an ivory rule, 2 keys, an old Victoria penny, a lead pencil, a small canvas bag, a handkerchief, a tobacco-pouch, a fusee-box, a scarf, and breast-pin—some of them were afterwards shown to me at the station by the constable—these are them (produced)—this is my handkerchief, pouch, scarf, pin, knife, bag, and pencil, all of which I had safe when I left the public-house—the prisoners were perfect strangers to me—I had never been in that house before—I was confined to my bed eight days after this—my head and face were beaten to a perfect pulp—I have not recovered now—I am not able to attend to business.
Cross-examined. Q. At what hour did you leave home? A. About half-past 8—I reached the Belvedere between 9 and half-past—my house is not more than five minutes' walk from the Belvedere—I was strolling from my house across Nunhead cemetery on my way home, and I called at this house to have threepenny worth of brandy-and-water—I passed one public-house in my stroll, I did not go in; I swear that—all I had at the bar, while talking to the landlord, was two threepenny worths of brandy-and-water—there were two or three other persons present; Ray was not there—there were five or six in the skittle-ground—I did not propose to play—I was asked if I should like to have a game—I only played one game—that was nearly at the end of the time, just upon 11 o'clock I should think—I played with the potman—there were two on each side—I did not bet with any person that I would knock the skittles down in twice—I did not throw the ball so wildly that the people were afraid of their shins—we all left
the skittle-ground together—the lights were put out—I walked out with the rest—the wine was placed upon the counter immediately the toss was lest—the landlord fetched the bottle and drew the cork—I believe he had actually poured out a glass of it while the dispute was going on—Harwood had not taken up a glass—none of it was drunk—there was four, five, or six persons there; I did not count them—while I was in the skittle-ground I drank out of a pot of half-and-half, out of compliment, and I put down some money for them to get themselves some beer—I did not partake of it—it was at the bar that I had part of a glass of stout—I was not at all elevated—all the persons who were in front of the bar were turned out at the same time—the house stands back a little from the road—it was not on the space in front of the house that I was pushed down—I am quite sure of that—I never said that anything was done to me there by Harwood—I did not hear Ray say to Harwood, "Let the gentleman alone"—I think I had proceeded about 100 yards down the grove before I received the blow—I have seen the spot since—I did not seethe men that would be impossible—I am perfectly positive I was not in any degree affected or incapable from liquor.
Harwood. Q. Did you see me knock you down? A. No—I did not see who knocked me down.
WILLIAM LING . I five at 3, Nunhead-terrace, Peckham-rye, and am a labourer—I was at the Belvedere tavern on 28th April, at the same time as the prosecutor—I played in the game of skittles—there was some betting—when the prosecutor left the skittle-ground I left too, the gas was turned off—I went to the bar—I left before the wine was tossed for—I saw the prosecutor produce four, if not five sovereigns, and some silver in the skittle-ground—he paid for a pot of stout, and had a glass of it—I did not see him leave the tavern—I saw him leave the skittle-ground, he ran up the steps before me—I was right enough then, there was no appearance of intoxication that I saw—I heard Ray say in the skittle-ground, "You have lost the game, and lost my shilling"—he bad betted on the game—the prosecutor refused to give it him—Kay said, "What are you going to stand?"—the prosecutor said, "What you like to call for?—he called for two pots of cider—the prosecutor said, "I never drink cider, and I don't suppose the others will, you can have some stout if you like," and that was called for and paid for—I had a glass of it, and then went over the way to a beer-shop where I generally go.
Cross-examined. Q. How long hare you lived at Nunhead? A. Three years—Ray does not live for from me—there are two ways from the Belvedere to his lodging, down Linden-grove or Nunhead-grove; there is no ditference in the distance—I have known Ray nine or ten months—I always found him a respectable labouring man; I believe he bears that character—when the prosecutor came into the skittle-ground he sat alongside me—I asked him to drink out of a pot of half-and-half; he did so—I asked him if he would not like to have a game of skittles—he said he should very much—he took the gold out of his breast-pocket; I saw it in his hand—he produced it because some of them said he was cheating them, and that he was a swell without money—there may have been six of us in the skittle-ground at that time—he made one mistake in playing; he hit the form outside the frame—two or three got on the form for fear their legs should be be hit—I can't say how many times he drank in the skittleground, he drank with me twice, and he threw down sixpence for a pot—Harwood, the prosecutor, and I were last in the ground.
MR. PATER. Q. You say there were about six persons in the skittle-ground?
A. There might be seven; including the prosecutor, myself; and the prisoners—Anderson Was one, a man called Milburn, and the others were strangers to me.
RICHRD POOLE . I am a labourer; and live at 8, Nunhead-square, Peckham-rye—on the night of the 28th of April I Was in the skittle-ground at the Belvedere Tavern, playing a game with three others—when the prosecutor came in he stood and looked on a little while; and then he asked if there was anything to drink—I offered him a pot of half-and-half—he drank out of it, and threw down sixpence to pay for a pot—Anderson fetched it and brought him the change all the betting I saw was the prosecutor bet Anderson 9l. to 6d. that he did not voice them, and he Went and got them—we all went out of the skittle-ground' together—the prosecutor and two more were behind, and Anderson lighted them out with a piece of paper—there was some talk about a bottle of wine, but I Milburn were talking together at the time, and I did not take any notice—I remember the people being turned out by the landlord—there Was me, the potman, Mr. Reale, Harwood, Milburn, and another young man Whose name I do not know—I believe Ling has gone—I do not remember seeing anybody else—I believe I was the first or second that went out—when the prosecutor went out Harwood had his coat off, and he ran after the prosecutor, and they both fell down together in front of the house—they had a bit of a scrimmage and got up—they went about a dozen yards from the house, and I heard Ray say to Harwood, "If I were you I would go home, and let the gentleman alone"—Harwood still persisted in following him; he would not go away—that was about fifteen yards from the house—I left them and went home—they were about twelve yards from the corner of Linden-grove—Ray was standing about three yards from the prosecutor, wishing Harwood to go away—there was no one else but the two prisoners with the prosecutor at that time—I have known Ray about twelve months—I am not in the habit of meet-him at the public-house; I do not think he is a man that uses public-houses.
Cross-examined. Q. You say there was only Reade and Harwood at the corner; about twelve yards from the Belvedere? A. Yes'; at that time Ray was about three yards off the prosecutor—I went down Nunhead-grove, straight home; Linden-grove is the other way—I and milburn and another young chap; a navvie, went a way at the same time—the scrimmage that I saw in frout of the house was with Harwood and the prosecutor—we were standing about three or four yards from the door—it was then that Ray desired Harwood to leave the gentleman—it was about ten minutes or a quarter to 12 when we were turned out—I never heard or saw anything wrong of Ray.
SAMUEL ANDERSON . I am potman at the Belvedere Tavern—I was one of the parties at the game of skittles—there was some tossing going on—I was present at the tossing for the bottle of wine—I remember the parties being turned out—I do not remeber who they all were; the prosecutor and the prisoners were amongst them—it was about half-past 11 or a quarter to 12—I then went up to go to bed—I heard a noise outside my window—I looked out and saw Harwood and Reade tussling together in front of the house—they both went down together.
Cross-examined. Q. Were you in the skittle-ground when the prosecutor came in? A. Yes—he bet me 9d. to 6d. that I did not two them, and I got them down in twice, and he picked up the money—he was not sober—some-times he threw the ball on the frame and sometimes outside the fraine—we were glad to get out of the way for fear he should knock our legs—I did not
sea him show any gold in the skittle-ground, only silver and copper—when we left the ground Ling, Reade, and Harwood were the three last—the gas was put out, and I went to the bar to get a pipe-light to light them out—my room is at the top of the house—when I looked out I only saw Harwood and the prosecutor—my room is three stories high; it looks towards Linden-grove.
JOHN WHEBLE (Policeman, P 337). About a quarter to 1 on 29th April, I was on duty at Nunhead—I went up Linden-grove—I heard some person in the grove say, "For God's sake let me alone, let me alone, let me go!"—I ran up the grove about 150 yards, and saw Harwood and the prosecutor—Harwood had got hold of him up against the fence with his left hand, and he was in the act of striking him with his right hand—the prosecutor said, "For God's sake, policeman, take this man away"—he was completely shattered—his clothes were torn, coat, waistcoat, and trousers, and everything torn off him, and the blood was pouring from his eyes, nose, and mouth—his face was very much swollen—I released him by taking Harwood away from him, and took him to the station—he said he had been robbed of his money and several articles—on searching Harwood I found the articles I produce, which the prosecutor swears to—Harwood said he picked them up twelve yards or twelve feet from where I took him into custody—at 8 o'clock the same morning I apprehended Ray at the junetion cutting at Nunhead, in consequence of a description I had received—I took him to the prosecutor's house—he was then in bed—he identified him as being the second person who assaulted and robbed him—I found nothing upon his person—he said, "I thought there would be a bother about this"—he said he knew nothing about the assault, or robbing the man—he said he had seen him, and it was his intention to see him home, but he left him with Harwood—Harwood did not disown the assault; he said he had assaulted him, and he said Ray was engaged with him in the assault.
Cross-examined. Q. Did you find Ray at his work? A. Yes—I asked him whether he had been at; the Belvedere, and he said, "Yes"—I asked him what time he left, and he said from a quarter to ten minutes to 12—Harwood did not mention the name of Stogden to me, I am sure of that—I took Stogden into custody; Anderson gave me a description of him—the place where I found Harwood and the prosecutor was about 250 yards from the Belvedere, and about 170 yards from the prosecutor's house—I did not hear more than one voice—I did not search Ray's lodgings; I searched him—I found several things belonging to himself, but nothing belonging to the prosecutor—I have known him some little time—I believe him to bear a very good character, as a respectable labourer.
MR. PATER. Q. In consequence of the description Anderson gave you of Stogden, did you take him to the prosecutor? A. I did—he did not identify him.
JURY. Q. Did the prosecutor give you an accurate description of Ray? A. Yes; as the second person who had assaulted him—the prosecutor had been drinking.
JOHN JAMES JONES . I am a licensed member of the Apothecaries' Company, and live at Peckham—about half-past 2 on the morning of 29th April I was called to see the prosecutor; he was not intoxicated at that time—he was suffering from injuries in his head, and loss of blood—his head and face were very much injured, and his arms and legs bruised.
Cross-examined. Q. Had he been drinking? A. I cannot form an opinion as to that; he might have been taking drink—he acknowledged so at the time—he was under my care eight days; about six days confined to his bed.
Harwood's Defence. When I saw the gentleman he was lying flat on his back. I went up to him to help him home, and the things were lying by the side of him. When he got up he caught hold of me, and I thought he would choke me if I had not caught hold of his beard. When the policeman came up he gave me in charge.
MR. LILLEY called the following witnesses for Ray.
JANE MOYES . I am the wife of James Moyes, of 2, Nunhead-cottageg, Nunhead—Ray has lodged at my house near upon two yeans—his character has been sober and honest in every respect—I recollect the night of 28th April—Ray came home about a minute after 12 o'clock that night—I was examined before the Magistrate at the last examination—my memory is quite clear as to it's being the 28th—I was at needlework at the time; it was the day before he was taken into custody.
Cross-examined. Q. Do you remember calling at Mr. Reade's residence? A. Yes, on Saturday the 29th—I had known Mrs. Reade previously—my husband went round there first—she was in a great deal of trouble, and asked me to go round—she had previously sent for me to sit up one night with her—I did not state to Mrs. Reade that Ray came home at a quarter after one—I swear that—I told her he was at home at twelve o'clock—I have never said that he came home after one that night—I generally retire to rest at twelve or one o'clock, more often than not—my husband was in bed at this time—he went about bed at ten—I usually sit up for my lodgers—I have a good deal of needlework to do which very often keeps me up—I know it was twelve o'clock because my clock stood on the mantelpiece, and I looked at it as Ray was coming into the house—he bad not a latch-key—the key is mostly outside the door till I choose to take it in—they all let themselves in that way through the door until I go to bed.
MR. LILLEY. Q. Did you say you usually sit up for Ray? A. Not for him in particular—I sit up in consequence of having needlework to do—I merely went to Mrs. Reade's to inquire of Mr. Reade's health, having known her before—I did so on the Sunday night—I told her Kay was home quite by twelve o'clock.
COURT. Q. Was it after Ray had been taken into custody that you went to Mrs. Reade's? A. Yes.
JAMES MOYES . I am a gardener at 2, Nunhead-cottages—Ray lodged at my house two years—on the night of the 28th of April I had gone to bed when he came home—I had been gone I suppose about half an hour—I would trust him with this court full of gold—he has never meddled with anything; if he had not borne a respectable character I would not have had him in my place.
JOHN BROADBENT . I am acting landlord of the Belvedere Tavern, Nunhead, and have been for three years—I recollect Mr. Reade coming to my house, he called for threepenny worth of hot brandy-and-water—I served him—he did not suit me very well—I had some gentlemen in the bar who I was conversing with—he called for another threepenny worth—I said, "I shall not serve you with another threepenny worth; but if you like to have fourpenny worth you can"—he was tipsy.
COURT. Q. Was that why you offered him fourpenny worth instead of threepenny worth? A. I thought I should get shot of his company by so doing.
MR. LILLEY. Q. How long did he stand and talk to you? A. About twenty-five minutes—he then went into the skittle ground, and remained there about two hours drinking—when he came out again he ordered two pots of
half-and-half, which he paid for and partook of—after that a bottle of wine was served—I poured out four glasses of it—it was not paid for, and I took it away again—Mr. Reade took up a glass of it—I said it must be paid for before it was drunk—I do not remember whether any one else took up a glass—there was a dispute about the payment and I turned them out—the prosecutor was tipsy when he first came in—no money was shown at the bar except a two-shilling piece, with which he paid for the beer—no gold was shown—I have known Ray about two years and a half, merely as a casual customer—he is one of the most respectable young fellows as a working man in that locality.
Cross-examined. I believe you were not examined before the Magistrate? A. No—I have not been in Court during the whole of this case—I heard Mrs. Moyes' evidence and the counsel's address—I closed the house about twenty minutes to twelve, at the time I turned the persons out.
JONATHAN MILBURN . I am a labourer; and live at Nunhead—I was at the Belvedere on the evening of 28th of April, when the prosecutor was there—I was in the skittle alley—he was fresh or tight—He drank in the skittleground—he bet with the potboy and played at skittles—he tried to get them down in a twoer—he bet the potboy that he would not twice them, and he took the potboy's money—I have known Ray a very little while—they were all strangers to me.
HARWOOD— GUILTY . Confined Twelve months ,
RAY— NOT GUILTY .
718. PATRICK BRYAN (19), PLEADED GUILTY to a Burglary in the dwelling-house of George Deeley, and stealing 1 coat and 2 boots, also to stealing 2 coats and other articles of Charles Cameron: Confined Twelve Months.
DENNIS PLEADED GUILTY .
MR. METCALFE conducted the Prosecution.
WILLIAM SMITH (City-detective). On 28th June, at 4 o'clock in the after-noon, I was in Joiner-street, Bermondsey, at the back of the South Eastern Rail way station, near Guy's Hospital—I saw a load of wool there on" +one of Mr. Seawards values—Dennis was on the top of the van with his back to wards me, putting a handful of wool into this bag (produced) he was taking the wool from the bales—he then tied up the bug and laid it on the top of the load—the van then turned down New-street, and when about sixty yards down Dennis picked up the bag and threw it on the pavement among some scaffolding poles—the Van proceeded on a few yards further, and When it arrived at the end of Dean-street Dennis got down in front of the van and spoke to Robinson—he went on with the horses, and Dennis returned to the place where he had thrown the bag—he put it on his head and walked towards Bermondsey—I followed him and took him into custody—Robinson was in charge of the Van, and near the horses—there was nobody else—I took him about seven in the evening, at Haydon-square—I told him that I was an' officer and wanted him for being concerned with a man named Dennis for stealing wool from his master's van—he said, "I know nothing at all about it"—I said, "You were in Joiner-street this afternoon"—he said, "I was not"—'I said, "You will have to go with me in custody"—on the way to
the station he said, "I did not know that Jemmy Dennis was on the top of the wool—I afterwards searched Robinson's house and found two sacks of a similar description to this one, with Mr. Seaward's name on them—the wool weighs thirty pounds and two quarters.
SAMUEL SEAWARD . I am a carman in partnership with another at 66, Cannon-street, City—Robinson was in our service on 28th June—he was in charge of a waggon on that day—there were thirty bales of wool on that van, coming from St. Katharine's Dock warehouse in the Minories to Fenning's-wharf—Robinson ought not to have been in Joiner-street at all, it was quite out of his way—I never saw Dennis before—I his wool produced corresponds with the bulk—about thirty-three pounds has been lost—that is the deficiency in the weight.
GEORGE ELLIOTT . I am a clark at St. Katharine's Dock—on 17th June I weighed some bales into Mr. Seaward's van, they were delivered on 27th—there was, No. 324, 2cwt. 2qrs. 141b.; No. 410, 2cwt. 3qrs.; No. 417, 2cwt. lqr. 251bs.; No. 377, 2cwt. 2qrs. 121bs.
GEORGE HESRY PRESTIGE . I am in the employ of Messrs. Gooch and consens—they deallargely in wool—I know Robinson well—I have also seen Dennis—I have seen them in company, particularly on 15th of last month; I was in the West India Dock, Robinson was sitting on his waggon and Dennis was talking to him—I asked Robinson what he was waiting there for—he said his load had shifted and Dennis was helping him with it—I have seen them together before that and since.
THOMAS BENNEY . I am a poter at Haydon-square, at the goods' station in the Minories.—a few days before 28th June I saw Robinson coming up from the Commercial-road, on the top of his van—there were two waggons, one before the other—Dennis was by the side of one waggon—one of them said, "We are watched," and Dennis went down union-street and across into Whitechapel-road and I saw no more of him—Robinson continued in the van.
Robinson's Defence. I was obliged to go through Joiner-street, I had no other way to go; as regards that "witness he naver saw me" with this man; he is a perfect Strange to me. It is all false.
ROBINSON— GUILTY .
Confined Eighteen Months.
Before Robert Malcolm Kerr, Esq.
MESSRS. COLLINS and LUMLEY conducted the Prosecution.
SARAH MART BISHOP . I am the wife of William Bishop, who keeps the Grange public-house, Grange-read, Bermondsey—On Thursday, 15th Jane, the prisoner came in and asked for a pint of half-and-half—she gave me a shilling which I put in the till, there were no other shillings there—the prisoner went out and about ten minutes afterwards I went to the till and took out the shilling and found it was bud—I had not served any one in the meantime—I gave it to ray husband and he broke it into four pieces, and threw them at the back of the beer engine—on the following Saturday I was at the bar and the prisoner came in again, with a man—she asked for a pint of half-and-half—I served her and she gave me a bal shilling—I broke it with my teeth and threw it on the counter—the man took it up and threw it away and the prisoner then paid me with a good shilling—my husband came down
and gave her into custody—the man went away—the prisoner said I was a wicked woman, it was a good shilling she had given me first—the next day a little boy, Benjamin Cole, brought a shilling to our house—my husband showed it to me—this is the shilling I broke the piece out of—I recognised the prisoner when she came the second time, I am quite sure of her—one of our customers found three pieces of the first shilling at the back of the engine where I threw them—I saw him pick them up—these are the pieces (produced).
WILLIAM BISHOP . I am the husband of the last witness—my wife gave me a bad shilling which I broke—I have the pieces here—on Sunday, 18th, Cole gave me a bad shilling—this is it (produced)—there is a piece broken out of it.
BENJAMIN COLIE . I live at Thomias's-place, Grange-road—on Sunday, 18th June, I picked up a shilling with a piece out of it, in my father's garden, which is about twenty yards from the Grange—I gave it to Bishop—this is it.
GEORGE TURNER (Policeman, M 149). The prisoner was given into my custody at Mr. Bishop's—I asked him where the shilling was that the prisoner brought on the Saturday night—the prisoner said, "I took it off the counter and threw it outside"—on the way to the station she said she never was in the house before in her life—we walked a little further and she said, "I was there on Thursday night and had a pint of half-and-half, and I came outside and bought a flower of a man who stands with a stall"—a crown piece, half-a-crown, a florin, a shilling, eleven sixpences, and eighteen pence in copper, good money, was found upon her—I returned from the station to Mr. Bishop's by the same road as we had come—about fifty yards before I got to the house I found in the middle of the road these two bad shillings, wrapped up separately in tissue paper (produced).
Prisoner's Defence. I am innocent.
GUILTY .— Confined Twelve Months.
MESSRS. POLAND and LUMLEY conducted the Prosecution.
JAMES SMITH . I am potman at the Four Acre tavern, Walworth—on 1st June the prisoner came in for a glass of half-and-half and gave the boy six-pence; he bent it—she said, "If you give it to me back I will take it where I got it"—he returned it and she paid with a good one—I followed her to half a dozen public-houses and gave her in charge.
MATILDA HIGGS . I am the wife of Isaac Higgs, who keeps the Queen's Head, Wal worth—on 11th June I served the prisoner with a glass of beer which came to 1d.—she gave me a sixpence—I bent it with my fingers and told her it was bad—she said that it could not be—I broke it in a machine and threw it to her—she took it and left—I followed her to Mr. Glover's—she went in there and I spoke to a constable—she was taken in custody—I spoke to the shopman.
Walworth—on 19th June the prisoner bought a pig's foot, which came to 1 1/2 d—she gave me a sixpence—I gave her the change—before the sixpence left my hand Mrs. Higgs came in and asked if it was bad—I tested it and found that it was—the prisoner went out, I followed and found her in custody—this is the sixpence.
Prisoner. You put It in the till, and you said so at the station-house (The witness deposition stated: "I put it in the till—I afterwards took the sixpence out")—Witness. That is a mistake, my hand had not left the till, and the sixpence had not left my hand.
WILLIAM DILLON (Policeman, P 113). On 19th June Mrs. Higgs spoke to me, and I saw the prisoner come out of the pork butcher's—I stopped her, and told her she was charged with uttering a bad sixpence at the shop she had just left—she said that she did not know it was bad—Mrs. Higgs charged her, and she said, "I was never in that lady's place"—I took her to: the station, and going down some steps, thirty yards from the station she stumbled—I locked her up and Edmunds directly brought me these three bad sixpences.
Prisoner. I never stumbled; it is a falsity.
JOSEPH EDMUNDS . I live at 8, Beckford-row, Walworth—on 19th June I was passing the Carter-street station, and as I crossed the road I found three bad sixpences, about two yards from the steps—I gave them to Dillon.
Prisoner's Defence. I know nothing about them. I changed a halfcrown in the morning.
GUILTY .— Confined Twelve Months.
Before Mr. Baron Martin.
MESSRS. WOOD and COLLINS conducted the Prosecution, and MR. LILLEY the Defence.
PETER MCLEOD . I am a porter, of 4, Collingwood-street, Blackfriars-road,—on 28th May, my wife and I were in Little Suffolk-street, Lant-street, Borough, at a quarter or half-past 11—my wife was a little behind me—the prisoner came up to me and said, "Peter, how are you getting on? I have not seen you for some time"—I looked at him, and said, "I do not know you"—he came nearer to me and attempted to put his hand in my trousers-pocket—I knocked it away, and attempted to hit him, but in so doing 1 fell—he was underneath, and I was on top—I suppose he slipped—I did not knock him down—my wife pulled me off him, and I saw no more of him—I was the first to go away—I did not feel anything when on the ground, but when I had walked twenty-live or thirty yards I felt something rather cold trickling down my side, and found two cuts there—I had not been engaged in a struggle with anybody before that—there was no means of it being done but by the prisoner—we touched each other when on the ground—the wounds were on my left side, through my coat and waistcoat and two shirts—I was four days in the doctor's hands.
Cross-examined. Q. Had you been out spending Sunday? A. I had been out in the evening, and had taken some refreshment—I saw the prisoner again eight or nine days afterwards in custody.
HANNAH MARIA MCLEOD . I am the wife of the last witness—I was walking behind him—the prisoner came across the road towards me—I saw he looked confused, and said, "What is the matter?"—he said, "One of those boys has tried to put his hand in my pocket"—I said, "Never mind if you
have lost nothing, come along"—the boy came towards us—my husband tried to strike him—they fell, and I tried to pull my husband off him—he struck at the boy in my arms, but hit me—the prisoner is the boy—I spoke to him, he abused me and struck me—I am positive of him—my husband went into a friend's house and found out the wounds—I dressed them—one was towards the side and the other towards the back—his clothes were cut through and I saw blood—I had been with him all the evening, and nobody else—I did not do this.
Cross-examined. Q. This was Sunday night; were the shops open? A. No—the street was very dark—it is in a cross road.
MR. WOOD. Q. Was it sufficiently light to see the prisoner's features. A. Yes, because he followed me to the lamp-post, and abused me there.
ROBERT ANDREW BOND . I am a surgeon, of Blackman-street, Borough—I examined the prosecutor, and found two slight incised wounds on his left side, done by a sharp instrument like a knife—they were not very deep—they bled, and under certain circumstances they might have been dangerous—his clothes were cut through.
Cross-examined. Q. Have you seen flint-stones used for repairing the roads occasionally, with very sharp edges? A. Yes—I do not think it could have been done by falling upon one of them—they would not have cut through his clothes in two places—that might depend upon the number of edges that were presented.
MR. WOOD. Q. Do you think it likely that flint-stones would out through the clothes and make incised wounds? A. I do not.
The Prisoner's statement before the Magistrate.—"He is mistaken; I can prove an alibi."
Cross-examined. Q. When was he taken before the magistrate? A. On Tuesday, the 6th.
Witnesses for the Defence.
JAMES CARROLL . I live at 8, Norfolk-place, Southwark Bridge-road, and am the prisoner's father—he lives at home with me—on Sunday night, 28th May, be worked at home with me all day, because it was Ham Green fair next day—we worked up to just upon 11 o'clock, and went to bed about 12—he did not go out at all—after we ceased working we had our supper—he had a gathering under his neck and was not able to go out if he wished—he has the mark of it now—I am positive he did not go out.
Cross-examined by MR. COLLINS. Q. How old is he? A. Twenty-one next November—he carried the goods part of the way to the railway-station for me on Monday, but I went to the fair by myself—my work is making composition dolls.
MR. LILLEY. Q. Do you recollect the date because it was Ham fair next day? A. Yes, that was the 29th—he was getting better, and went out in the morning, and assisted in carrying the goods, but he returned home after that.
MARY CARROLL . I am the prisoner's mother—on Sunday evening, 28th May, he was at home at work with his father and a girl up to half-past 10 or 11—we had our supper at 1 l—he did not go out between 11 and 12 as I put a poultice of linseed-meal on his jaw—he had a gathering under his jaw—Mary Regan was also in the house.
Cross-examined. Q. Was he very poorly? A. Not very—he was not able to go out—lie went out with his father to the station on Monday morning.
MR. LILLEY. Q. At what time? A. About midday—the lump was still there after the poultice—it did not break for a week afterwards.
MARY REGAN . I work for the prisoner's father at doll-making—on Sunday, 28th May, I worked from half-past 9 till about 11 at night—the prisoner worked with me, and left off about the same time—we then had our supper, and I left, as near as I can say, at a quarter to 12—the prisoner was then going to bed—he had not been out that day—there is a clock in the room.
Cross-examined by MR. WOOD. Q. How long have you worked for James Carroll? A. Two years; he has lived there all that time—he generally works on Sunday if he has orders sent in—I live next door to him—I was sewing the arms and bodies on the wax dolls, and my master was filling-up the bodies—the prisoner was doing the same, and giving them to Mrs. Carroll to sew—the prisoner and his father make the limbs.
MARY JORDAN . I live at 9, Norfolk-street, next door to the prisoner's father—I keep a general shop—I was in James Carroll's house three times on 28th May—I went in between 10 and 11 at night for a jug of mine, which they bad—Mr. Carroll and the prisoner and a young woman were making wax-dolls, And Mrs. Carroll was getting the sapper ready—I was there more than five minutes—I have know the prisoner about nine years, he lived in my house when I was in the Blackfriars-road—he was very honourable and honest while I knew him.
Cross-examined. Q. Are you not aware that he is indicted for stabbing another man? A. No, I do not know that he was taken in custody on another charge.
NOT GUILTY .
MR. WOOD conducted the Prosecution, and MR. HARRIS the Defence.
RICHARD ELLIDON . I am a carman of 5, Little Suffolk-street—on the night of 5th June, I was in Lant-street with Joseph Wade about a quarter past 12 o'clock, and saw some people standing on a door-step—the prisoner was one of them—I said to him, "You are right enough, old pal"—I spoke to all of them—I walked on a step or two, my friend came up—when I turned round, my friend and the other had got to fighting—I went back to take Wada's part, and took hold of the prisoner to keep him from Wade, he being the biggest of the three—the prisoner, I believe, struck me first—we fought, and went down twice—the prisoner was on top of me—he got up first, and I was getting up, when I felt something like a kick under my left shoulder—the prisoner ran away, and I was picked up, and I was five days under the doctor's care for a stab in my back.
Cross-examined. Q. Were there a number of people round you when you were fighting? A. Yes, they were seconding me—they were not picking me up, or bending over me—my young woman was not there—the prisoner's young woman was with him when I said, "You are right enough, old pal"—that was only a passing joke—it was dark, but it was near a lamp—I have received 5s. not to prosecute.
MR. WOOD. Did you see anything in the prisoner's hand? A. No—I was about five doors from my own house.
SARAH WILLIAMS . I live at 33, Charlotte-street, blackfriars-road—I saw the prisoner and prosecutor struggling—I came up just as they fell—I picked the prosecutor up, and thought he was all over mud but it turned
out to be blood—it was coining from a stab—the prisoner ran away—no one else took part in the struggle while I was there—I saw no one near the prosecutor but the prisoner—I took off his jacket, and found he had been stabbed under the left shoulder.
Cross-examined. Q. Was not there a crowd? A. Not when they fell at corner, there were only the two fighting together—when they fell, I was determined they should not fight any more, and I picked up the prosecutor—the prisoner then ran round Bridge-road—I know the prosecutor, I do not live with him.
MR. WOOD. Q. Did the prisoner go away without his hat? A. Yes, he lost it in the struggle—I was not there when he came back for it—this was about five doors down Lant-street.
SARAH DANIELS . I am the wife of Daniel Daniels, of Little South wark-street—I was about five doors down Lant-street, and saw the prisoner come up to the prosecutor's door for his cap—I picked up this knife there, and gave it to the constable—it was closed—it was a quarter or twenty minutes past 12.
WILLIAM CLEMENTS (Policeman, M 84). On the evening of 6th June, I saw a crowd near the prosecutor's door—I found the prosecutor bleeding—the prisoner asked for his cap, but it was not found—I received this knife from the last witness—I detained the prisoner until the prosecutor returned from the doctor, and identified him—there was fresh blood on the knife.
ROBERT ANDREW BOND . I am a surgeon of Blackman-street—the prosecutor came to me between 12 and 1 o'clock, and my assistant dressed a stab an inch long, and nearly an inch deep under his left shoulder—it might have been inflicted by a knife—it was not dangerous at the time, but it might have been.
Cross-examined. Q. Might it have been done with any sharp instrument? A. Yes.
GUILTY of unlawfully wounding .— Confined Twelve Months .
MR. WOOD conducted the Prosecution, and MR. BESLEY the Defence.
WILLIAM MATTHEWS . I am the son of William Matthews, a salesman in the Borough-market—between the hours of 4 and 5 o'clock in the afternoon last Monday week, I was by Cromwell-buildings—some boys and young men rushed behind me, and caught hold of me by my neck, and scratched it—I became insensible from the pressure on my throat, and when I came round I missed my watch—I ran after them and saw Driscoll—a lady told me something—I saw Driscoll hold William Webster while the other chaps were getting away—I did not see which way they went—I saw a tall young man with a light Muller-cut-down hat—he was taller than me, and about the same height as Coombs—Driscoll was stopped at the Town-hall—I gave him in charge.
Cross-examined. Q. Is Crom well-buildings a single house? A. No, a great number live in it—it is not a thoroughfare—there may have been half a dozen behind me for all I know—when I came to myself, I was lying on the ground in the public street, near the buildings—I then saw a person running near the Brewery—that was nearly as far off me as the width of this room—I kept him in sight till I got to the Brewery, and he kept stop-ping
me till the other got away—I did not overtake the person who was running away, I ran up to him by the Brewery, and he stopped and turned round—William Webster ran after him, but was caught hold of by Driscoll—when I got up to Webster, the man who had stopped him was out of my sight—I saw Driscoll three minutes afterwards with some others going towards the Borough—that was a contrary direction to that in which he was going when be stopped Webster—I have not told Webster—I was not sure about Driscoll—I said by the Town-hall that I could not tell who it because I could hardly tell anybody then—when they first caught hold of Driscoll I told Webster I was not sure he was the man.
MR. WOOD. Q. Did Driscoll stop you first, and then stop Webster? A. Yes.
WILLIAM WEBSTER . I am in the employ of Mr. Alchin, of Park-street—on 3d July, I was at the back of the warehouse, and heard a cry of Stop thief"—I went to the front and saw Matthews and two others running—they were Driscoll and Riley, and, to the best of my belief, I saw Coombs there, but there were so many I hardly knew them—Matthews said, "Oh, my watch"—I turned round, and saw a young man with alight Muller-cut down hat, light cord trousers, and a black coat—he was one of the three I speak of—I ran after them—Driscoll stopped me, and said, "Why, you b----fool, he has not run through the market, but round the other way"—I told him to mind his own business—Riley had separated from Driscoll then—I went through the market, and then Riley said to Driscoll, "You b----fool, you held him too long"—Riley seemed to hold something in his hand—when I got to Milk-street, I met Riley, Driscoll, and a young man with his hair cut short and a Scotch cap—I stopped him and Driscoll, but Riley went away—to the best of my belief, he was one of the three we were running—he was very like Coombs—the prosecutor was quite exhausted, he could hardly speak—I Bent my young brother for his father, who came—I pointed out Driscoll to him, and he gave him in custody.
Cross-examined. Q. Do you feel at all confident as to Coombs? A. No—the Muller-cut-down hat did not belong to one of the prisoners—I tried to stop that man—he had his fists shut—I fancy Riley was one of the crowd, but am not positive—he spoke to Driscoll—I did not speak to them, but I passed and heard their words—I lost sight of Riley, but not of Driscoll, till he was in the hands of the police.
MR. WOOD. Q. Who was the man in the Muller-cut down hat? A. I do not know—he was very much like Coombs, but he is another person.
CHARLES JOHN WISE . I live at 9, South-street, Kennington-park—on 3d July, about a quarter to 4, I saw Matthews by Barclay and Perkins's brewery—I saw Driscoll seize him by the neck and throw him down—three others were there—Riley was one of them—they took Matthews's watch when he was on the ground—one of them, who had a Muller-cut-down hat, ran through the market—Webster ran after three of them—Riley was about six yards from the prosecutor when they took his watch, but he turned his back to them—I had not seen him with Driscoll and the others before—they ran away together—I am not positive that I saw Coombs—I lost sight of Driscoll about three minutes—I was taken to the station, and pointed out Driscoll and Riley.
Cross-examined. Q. What were you doing? A. Going home from work—I was about as far as I am from you from them when I saw this attack—"when I got to the station Driscoll was in custody—I had not described them to the police, but directly I saw him I said that he was one of them—I got
to the station at about a quarter to 5—I mentioned the Muller hat to the policeman—Riley was not in custody then—I saw him next day in the dark with Driscoll—he was not put with others for me to pick him out—I did not see him speak to the others—I did not see Coombs at all.
MR. WOOD. Q. Do you mean to say that Coombs was not there? A. I am not positive.
WILLIAM BATEMAN . I am in the employ of Mr. Mills of the Borough-market—on 3rd July, about twenty minutes to 5, as I was about fifty yards from Barclay and Perkins's brewery, I saw Coombs, Driscoll, and Kelley running—I knew Coombs and Riley by name—I saw Driscoll stopped, I do not know by whom—I saw Webster come up.
Cross-examined. Q. Did you see a man with a white low-crowned Muller hot? A. Yes—I saw Coombs stopped and let go—I have not said that they let Riley go; they stopped Webster.
GARRATT MUNROE PEARCE (Police-sergeant, M 7). On 5th July I received information about a robbery which took place on the 3rd—I went to a public-house in Mint-street, and took Coombs in custody—he was rather violent, and asked me what was against him—I said, "You are charged with others in robbing young Matthews of his watch in the Borough-market"—he said, "Now I am satisfied, I will go with you quietly"—I took him to the station, where Bateman identified him—I had noticed the prisoners together at half-past 1 that day in Redcross-street, about 600 yards from where I met them.
Cross-examined. Q. Is that near where Coombs lives? A. Yes, he lives in Redcross-street—he says that he knew nothing about the charge.
WALTER CALLINGHAM (Policeman, M 134). On 3rd July I saw a mob about two hundred yards from Barclay and Perkins's—Mr. Matthews came up to me with Driscoll, and said, "I give him in charge for stealing my son's watch"—Drisscoll said, "It was not me, it was another man"—the boy Wise came up and said, "That is the boy that took the man's watch, I saw him kneel on his breast and take it out of his pocket"—Drisscoll made no answer—I took him to the station, and found 4d. only on him.
RICHARD GARDNER . I am in the service of the prosecutor's father—on the 3rd July I saw Matthews by the Town-hall, he could hardly speak, and was in a state of great suffering—I saw a man in cord trousers and a black coat, and Webster said, "You hold that man, there is another here, they both came this way"—that man is not here.
Cross-examined. Q. Did not Wise point Driscoll out? A. Yes, but he pointed out a man who was not Driscoll first—I took hold of Driscoll, and let the first man go.
WILLIAM CUMMING (Policeman, M 196). I took Riley on the morning after the robbery, at about a quarter to 10 o'clock, in High-street, Borough—I told him I took him for being concerned with others in stealing a watch and assaulting Mr. Matthews's son—he said, "God blind me, I have not been out of the Mint all the day, I have been tossing all day"—he was placed by the inspector among five or six others—Wise and Webster identified him—Wise said, "This is the man," and went up and touched him.
Cross-examined. Q. Are you quite sure Wise said that? A. Yes, and Webster—I am sure Wise was there; if he says he never picked out Riley he is wrong.
COOMBS— NOT GUILTY .
RILEY— GUILTY . He was further charged with
having been before convicted, to which he
PLEADED GUILTY.**— Confined Eighteen Months.
DRISCOLL— GUILTY . He was further charged with having been before convicted.
RICHARD KEMP (Policeman). I produce a certificate. (This certified the conviction of James Anklin in September, 1865, of stealing a coat. Sentence Twelve Months' Imprisonment.) I was present—Driscoll is the person.
GUILTY.— Seven Years' Penal Servitude ,
ADJOURNED TO MONDAY, AUGUST 14TH, 1865.