CENTRAL CRIMINAL COURT
TENTH SESSION, HELD AUGUST 14TH, 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, August 14th, 1865, and following days.
BEFORE THE RIGHT HON. WARREN STORMES HALE, LORD MAYOR of the City of London; the Right Hon. Sir JOHN BARNARD BYLES , Knt. one of the Justices of Her Majesty's Court of Common Pleas; THOMAS CHALLIS , Esq., and THOMAS QUESTED FINNIS, Esq., Aldermen of the said City; RUSSELL GURNET , Esq., Q. C., M.P., Recorder of the said City; JAMES ABBISS , Esq., and ANDREW LUSK , Esq., M.P., Aldermen of the said City; THOMAS CHAMBURS, 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.
THOMAS DARIN, Esq. Alderman.
CENTRAL CRIMINAL COURT.
HALE, MAYOR. TENTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES,
OLD COURT.—Monday, August 14th, 1865.
Before Mr. Recorder.
The following prisoners PLEADED GUILTY:
725. (24) JAMES WHITTICORN (24) , to stealing whilst employed in the Post-office 2 letters, containing valuable securities, and a warrant for 4l. 11s. 9d., the property of Her Majesty's Post Master General. Six Years' Penal Servitude. [Pleaded guilty: See original trial image.]
726. JOSEPH RODMELL (34) , to feloniously forging and uttering a Post office order for the payment of 1l. with intent to 32 defraud.— Confined Twelve Months. [Pleaded guilty: See original trial image.]
727. GEORGE MOORE (45) , to stealing a post letter containing postage stamps, the property of Her Majesty's Post Master General.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
728. GEORGE MINYER RICHARDS (21) , to embezzling the sums of 1l. 16s.7d., 4l. 17s. 9d. and 4l. 10s. 11d. of Thomas Boote and another his masters.— Confined Twelve Months. [Pleaded guilty: See original trial image.]
729. ARTHUR BREWER (22) , to stealing a watch and chain value 21l. the property of Elizabeth Clarke, in the dwelling-house of Charles Dixon.— Confined Twelve Months; and [Pleaded guilty: See original trial image.]
730. JOHN DYER (53) , to stealing a pair of trousers and 6 shirts, the property of the London and South Western Railway, after a previous conviction at Clerkenwell, in April, 1861, when he was sentenced to four years' penal servitude.— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
NOT GUILTY .
MR. LEWIS conducted the Prosecution, and MR. RIBTON the Defence.
RICHARD HOLLIDAY . I am a builder of 2, Pembroke-gardens, Kensington—the prisoner has been living with me over three years as my wife—on 22d June, about eight o'clock in the morning, I gave her 235l. in Bank of England notes to pay into the Kensington bank, which were handed to me the day before by Mr. Carratt, who counted them over to me as I am blind—there were two notes of 100l. each—the prisoner was then in the
next office—she counted the notes over and said that they were right—she had been in the habit of paying money in for me before and of signing bills for me because I could not see to do it myself—when she returned I asked her whether she had paid it in and she said, "Yes"—I never gave her permission to use any portion of the money for herself—next morning she got up at four o'clock and said that she would have a drop of brandy and take a walk, I said, "It would be much better for you if you would do that every morning"—I got up about half-past six, she was not in, but she came in while I was having my breakfast—I asked her whether she had paid the money into the bank and she said, "Yes"—I said I wanted one of the 5l. notes—she said, "You cannot have it unless you draw a cheque"—she and her sister then sent me out to Mr. Cubitt's as an excuse while they robbed the house—when I returned they were both gone, and I missed table cloths, curtains, silver spoons, lustres, and two sets of china tea services.
Cross-examined. Q. How long had she lived with you? A. Three years—she has had two children while she has been with me, but she used to say, "They are not yours, old boy, but you will have to keep them"—the last child was born last summer, but it is dead; the other child is three years old—the prisoner lived with me all that time and managed my household affairs and all bills and cheques on my bank—I never ordered her to put any money away on her own account—I authorized her to draw cheques and sign my name for me—she was the mistress of the house—when I saw her first she came with Mrs. Sawyer to my house, and took me to the play to pay for her, but I could not see the play—she pretended to come to see her uncle—I knew her family—she is now twenty-seven and I am forty—I first saw her when she was a girl of thirteen or fourteen at her uncle's in Suffolk—I did not see her again for ten or twelve years, and then I did not recognize her but she told me her name—I am a builder; I have to keep a clerk which I should not do if I had my sight—the prisoner discharged a servant about three weeks ago and I wanted to know what it was for, and would not let her be turned out until the prisoner paid her—the prisoner did not charge me with being too intimate with that servant—she did not assign any reason, I asked her before the servant—I am still living at the same place—I am married but my wife has been away twelve years through drink, she is now in the workhouse but I have to support her—the prisoner knew that I am married—my wife wanted more money than I was willing to pay—we went before a Magistrate and I paid more, as she was ill—I sent the prisoner with the money to the overseer, she said that she had paid him, but he said that she had not—my wife went to the workhouse a few weeks before the warrant was out against me—I pay five shillings a week for her at the workhouse—I did not represent the prisoner as the tenant of the house and myself as a lodger, it was only a joke, as my clerk can prove—I owed the Trent Plate Glass Company 60l. but they reduced it to 56l., and gave me the balance and a note—I said in pure joke, that I was only a lodger, but it was not after that that they reduced it—I was away an hour when I found my house in this state—I gave the prisoner 10s. a week, and the lodger's money made it up to 30s., and when she was at Pembroke-gardens it must have been 50s., that was to lay out on the house—she wanted something for dress, I think if you had seen her box—MR. LEWIS Did she run up bills for her dress? A. Yes, she has gone in Lady Mortimer's name to the amount of 40l. or 50l.
his house—she said that she had lost the notes, and the other property did not belong to him; that she went to Pimlico to take a Turkish bath and forgot to put the notes in the bank, and afterwards found she had lost them—I found these articles in her box.
MR. SENIOR DEAN . I am a clerk in the issue department of the Bank of England—on 22d June the prisoner came with a younger person and asked me to give her gold for these two 100l. notes—I asked her to write her name and address, she wrote, "Mr. Pawsey, 6, Cambridge-terrace, Notting Dale"—she was taking the money up without counting it but I suggested that the should count it.
MR. RIBTON contended that as the prisoner was not the prosecutor's servant she could not be a bailee, and had not committed any offence that came within the Statute (See Reg. v. Hassall 8. Cox's Criminal cases, p. 409, and Reg. v. Garrett, 2. Foster and Finlayson's Reports).
THE COURT left it to the Jury to say whether the prisoner acted as a servant.
GUILTY of larceny as a servant. Judgment Respited.
MESSRS. METCALFE and PATTERSON conducted the Prosecution, and MR. LEWIS the Defence,
EDWARD WHEELER . I am clerk to Scott and Francis, stock-brokers—on 1st August I addressed five letters and in this one to John Page, I enclosed a Stock receipt for 83l. 4s. 4d. New 3l. per cents., and in this one to Joseph Langear a Stock receipt for 375l. 4s. 6d. Consols, in the name of Miss H. Langear, 400l. Reduced in the name of Joseph Langear, and 362l. Reduced in the name of Miss Eleanor Langear—I put the letters in the tin box by my side to be taken to the post.
HENRY JACOB BUCKLEY . I am messenger to Messrs. Scott and Francis—on 1st August I took the letters from the tin box to the post-office kept, by Mr. Elphinston, and put them in the cupboard at the right hand side of the shop as you go in, at five o'clock or five minutes past.
HENRY BINGHAM . I am an officer of the post-office—In consequence of complaints I went on 1st August to Mr. Elphinston's and placed myself in a position to watch the cupboard—the prisoner went to the cupboard soon after four o'clock, opened the door, looked in, and went away—the cupboard is a considerable distance inside the shop—the post-office business is done at the end—there is a counter the length of the shop, which would prevent the prisoner being seen at the cupboard—he came again at about twenty minutes past five, opened the door, took a quantity of letters out, placed them under his arm, and shut the door—I immediately went into the street and met him. leaving the shop—I asked him what he had got there, and exposed the letters, by moving his coat—he began to cry and begged for forgiveness, saying that it was the first time he had taken any—I took him into a private room and sent for his master, Mr. Tuckett, of 76, Old Broad-street, who came, and the, prisoner took from his waistcoat a quantity of fresh stamps and portions of addressed envelopes, and said that they were from letters which he had taken from that place—here are portions of about sixty envelopes—I took him to the post-office and was about searching him when he took a lot more stamps from his pocket, altogether there were about 100, there were twenty-two letters—he also gave me this little case which he said he had taken from a letter—these stamps which are in it he said he had taken from other letters—he was asked what he had done with the letters, and said that he had torn them up, and also two or three crossed cheques which were in them which he
knew were of no use—he was asked what he was going to do with the letters he said, "I do not know."
Cross-examined. Q. How many stamps are there unconnected with letters? A. About 100, but they have nearly all been taken off letters.
JAMES PATTERSON . I assist Mr. Elphinston in making up the bag—most of the commercial letters come in between 4 o'clock and 6—this cupboard has been in the shop these twenty years, and I have assisted all that time—it is five or six feet from where we register letters—you can put in a bundle without putting them in one at a time.
Cross-examined. Q. Does it still exist? A. Yes, but they have put a lock on it—it could not be opened before except by a tall person—the prisoner could not open it.
GUILTY.— Judgment Respited.
MR. DALEY conducted the Prosecution, and MR. WILLIAMS the Defence.
THEODORE RICHARD SCHWEITZER . I am a —the prisoner was my errand-boy nearly four months—on 11th August I received 6 crossed cheques amounting to 79l. 41s. 10d. from a friend, Mr. Jewell, I gave him an open cheque for that amount, and I got 15s. 4d. in money—it was nearly 4 o'clock, and I sent the whole of the cheques to the Metropolitan and Provincial Bank, Limited, 75, Cornhill—I have got my pass-book and the banker's clerk is here—on Saturday 15th July I was going out of town, and at two o'clock I handed the prisoner this open cheque (produced), for 50l., with the order to fetch me a 50l. note from the bank—he did not do so—I waited ten or fifteen minutes and then sent a clerk after him—I afterwards went to the bank myself, and from what I heard I went to the police and then to the prisoner's mother—I did not find him there but went to his sister's in Love-lane, where I found him, at three o'clock, and said "Where is the 50l.?" He said "I cannot give it, it was taken away from me"—I said "you must tell me the particulars"—he said "Three fellows followed me out of the bank, one took me by the arms and another by the throat, and another took the money out of my waistcoat pocket"—I asked his sister at what time he arrived there—she said at ten or fifteen minutes after 2—his mother said, "Help your master"—he was very cross with her and refused to speak to her—I gave him in custody.
Cross-examined. Q. Have you any petty cash? A. No, we do not keep money in the office except in my pocket—I could go from my office to the prisoner's sister's in six or ten minutes—the prisoner has been in the habit of taking my cheques to the bank for the last four weeks, and he was always correct.
MR. DALEY. Q. Was anything said in the prisoner's presence about going to Australia? A. Yes, one of the relations in the room said that one of his friends was going to Australia—the prisoner would go and come back from the bank the same way, but there are other ways if he chose—they are all public streets.
CHARLES BONNYCASTLE JEWELL . I called on the prosecutor on llth July and handed him six crossed cheques amounting to 78l. 19s. 6d.—he gave me two open cheques, and I gave him 15s. 4d. to make up the difference—I saw him give them to the prisoner with instructions to pay it in immediately—that was a few minutes before 4.
Cross-examined. Q. How far off were you when he handed them to the
boy? A. Much closer than I am to you and saw him past the six cheques into his hands.
WILLIAM RICHARD CARR . I am a clerk in the Metropolitan and Provincial Bank—Mr. Schweitzer keeps an account there—this statement (produced), is in my writing—on 11th July six cheques amounting to 78l. 19s. 6d. were paid to his account by the prisoner—the 15s. 4d. was not paid in—he brought no credit slip, he said that Mr. Schweitzer had not given him one; I asked him to give me the cheques and money and I would make him one.
Cross-examined. Q. Did you know him? A. Yes; I believe I have been in the habit of cashing cheques for him for his master—he usually pays in money but not over 100l. at a time.
EDWARD FUNNELL . (City-policeman). I went with the prosecutor to the prisoner's mothers'—we found him at his sister's about 3.30—the prosecutor said, "Where is my money?"—he said, "I have lost it"—"In what way?"—"I have been"—I said, "Where?"—he said, "Three men followed me out of the bank, one caught hold of my throat, the other of my arms, and the other took the money from me—I said, "Did you call out Police?"—he said, "No"—I said, "Why did not you go back to your master?"—he said, "I was too frightened"—I said to his mother, "How long has he been here?"—she said, "About an hour and half," and that he had not said a word about his loss—I searched the room but could not find any portion of the money—I found 6s. on him—his cousin said in his presence, that she had left her situation in Bristol on purpose to go with another sister to America as they have a brother out there.
Cross-examined. Q. Have you said anything before to day about asking him if he called for help? A. Yes, and you will find it in the papers—I read my deposition over before I signed it—it is not here but I did say it.
The Prisoner received a good character.— GUILTY of stealing the 50 l.Judgment Respited.
MARY SWEENEY . I am a prostitute and live at 33, Glass-house-buildings—on the night of 24th July I was in Well-street—the prisoner, whom I knew, came towards me, knocked me down, and said that every dirty wh—who came across him he would take their lives and kick their guts out of them—a woman came and said, "For shame"—he said that if she did not keep quiet he would kick her guts out—he took hold of the front of my dress—I had a pocket-book in my bosom, which I missed when I came from the doctor's—there was 4s. in it.
Prisoner. Q. Were there not a lot of girls round you? A. They came to my assistance.
MARGARET HENDERSON . I live at 8, London-terrace, Commercial-road—on 24th July I was near Well-street, heard screams and saw a crowd—Mary Sweeney was on the ground, and I saw the prisoner kick her three times: once on the jaw and twice on the left side—he went into the Sailor's Home—I took the prosecutrix to a doctor—the prisoner had been drinking but did not seem drunk—Sweeney was sober—I saw her ribs they were black and blue.
WILLIAM AMBIDGE (Policeman, H 192.) I took the prisoner and told him he was charged with robbing and assaulting the prosecutrix—he said, "It is a lie, I know nothing about it"—he made a jump and a kick at her—another constable caught hold of his arm or she would have received the kick in her stomach—when he got to the station he said, "I did it, you called me the son of a bitch, and I struck you"—he said that he would do fourteen months if she locked him up—I found on him 2s. lod. and a knife.
Prisoner's Defence. She was standing at the corner and she took off my cap—I said, "Return my cap"—she said, "I will not"—I took it—she called me a son of a bitch—I said "You had better call me that again"—she did so—I gave her a shove and she fell—a lot of girls gathered round her and she gave me in custody next morning and said that I stole it.
NOT GUILTY .
MR. DALEY conducted the Prosecution and MR. COOPER the Defence.
CHARLES DUNKIN WAKE . I live in Montague-square—on Saturday evening, 8th July, I was in Edward-street, Marylebone—I heard a voice behind me, turned and saw the prisoner—I was told that he had robbed me—I laid hold of his collar with my right hand and of his left hand with mine—I asked Moore to lay hold of his other hand, he did so—I searched the prisoner's pockets and found two handkerchiefs—one of which was mine, this is it (produced)—I had had it before this—I took him to the station—he struggled violently to escape and a woman did her best to help him.
Cross-examined. Q. Are there not thousands of handkerchiefs like that in London? A. No, it was not bought in London.
ALFRED MOORE . I am a porter at the Marylebone Institution—I saw the prisoner struggling with the prosecutor and seized him—a woman in black caught hold of him and tried to pull him away—he struck the prosecutor on the mouth but we got him to the station.
GUILTY .—He was further charged with having been convicted at Westminster in March, 1858, to which he
PLEADED GUILTY. Seven Years' Penal Servitude.
NEW COURT.—Monday August 14th, 1865.
Before Mr. Common Serjeant.
MESSRS. COLERIDGE and LUMLEY conducted the Prosecution.
BENJAMIN HOCKING . I keep the Rose and Crown beer-shop, Hendon—on Saturday, 8th July, the prisoner came in for half a pint of cyder, and gave me a bad shilling—I gave him the change and put the shilling in one corner of the till by the side of the coppers—before the prisoner was out of my sight I tried it, and found it was bad—I sent the sergeant after the prisoner and gave him the shilling—the ring was pretty good.
ELIZABETH CAMFIELD . My husband keeps the Greyhound, at Hendon, about half a mile from Mr. Hocking's—on Saturday evening, 8th July, a little after 8, the prisoner came in for a glass of cyder—I served him—he gave me a shilling and I gave him change, and laid the shilling on a slate in my bar—the policeman Goldsmith came in, and I gave him the shilling—I saw him bend it—it had not been out of my sight from the time the prisoner
gave it to me—I had seen the prisoner several times before that, once on the afternoon previous.
Prisoner. Q. Did you not put the money in the till? A. No—there were some sixpences on the slate, no other shilling.
WILLIAM GOLDSMITH (Policeman, S 57). On 8th July I went to the Greyhound—the last witness gave me this shilling—I bent it, and have kept it ever since—from a description I received from the witnesses I apprehended the prisoner in the Edgware-road, about three quarters of a mile from this house—I stopped him—he said, "What do you want with me?"—I said, "To see what you have about you"—I found on him six sixpences, two fourpenny-pieces, and 2s. 2 1/2 d. in copper, good money—I said to him, "You are charged with uttering counterfeit coin"—he said he never had any, and did not want' it—I took him to the station—I received this shilling from Mr. Hocking.
Prisoner's Defence. I had these coppers for the purpose of giving change to my customers; if I have not change they will not buy of me.
GUILTY .— Confined Nine Months.
ARMSTRONG— PLEADED GUILTY .— Confined Nine Months.
MESSRS. COLERIDGE and LUMLEY conducted the Prosecution.
ALFRED GREEN . I am a butcher, living at Hendon—on 7th August about half-past 4, the three prisoners came, and Armstrong asked for a pound of steak—I served him, and he gave me a crown—the steak was 9d.—my wife gave them the change—I went to Mr. Hocking's, who keeps the Rose and Crown, about half-past 7 as near as I can say, and saw them there—they were served with a pint of six ale—Harrison paid for it with a half-crown—they all drank of the beer—Hr. Hocking took the half-crown on one side, bent it, brought it back, and said, "Have you any more like this; where did you get it from?"—Harrison said, "I brought both from home this morning"—he had another good one—Mr. Hocking said, "I have a good mind to lock you up"—the prisoners said they were very sorry, they did not know it—Mr. Hocking went out at the side door and came in again directly with a policeman and the prisoners—I am quite sure they are the men who were in my shop.
MATILDA GREEN . I am the wife of the last witness—on this Monday evening I saw the prisoners in our shop—they asked for a pound of steak—I saw Armstrong put a five-shilling piece on the board—I took it up and gave him change, a half-crown, a shilling, a sixpence, and three-pennyworth of halfpence—I placed the five-shilling piece in a desk in the parlour—there were no other coins in the desk—I shut the desk up—later in the evening, I found the crown was bad, and gave it to the sergeant.
BENJAMIN HOCKING . I am the landlord of the Rose and Crown beer-shop at Hendon—a little before 8 on 7th August, the prisoners came—Harrison called for a pint of six ale, and gave me a bad half-crown—I tried it, bent it, laid it on the counter, and asked him if he had any more, and where he got that—he said he had brought two from home and that was one of them, and he did not know that they were bad—he then produced a good half-crown, and I gave him change—I gave the half-crown to Sergeant Hughes—
the prisoners were afterwards given into custody, finding Mr. Green had taken a bad half-crown from them—they all drank the beer.
Harrison. I got the half-crown from Armstrong.
JOHN HUGHES (Police-sergeant, S 3). On the evening of 7th August, I went to Mr. Hocking's house, and saw the three prisoners just coming out—Mr. Hocking said, "One of these youths has tendered a bad half-crown to me"—I backed them into the bar again, and Mr. Hocking said, "This is the half-crown which he has tendered," pointing Harrison out to me—I said to Harrison, "How came you by that bad half-crown?"—he said, "I did not know it was bad; it was one I brought from home with me this morning"—Armstrong said, "I am well known to Mr. Syrers, the green-grocer opposite; my father has sold him cabbages many times—I took him over there, and while I was there Mrs. Green came in, and said, "This is a bad five-shilling piece, which one of the lads has given to my husband"—she gave it to me, and I took the prisoners to the station—on Harrison was found 2s. in silver and 3d. in copper, a purse, and two keys—on Armstrong, a purse and a sailor's discharge; and on Lewin, a shilling, a penny, and a key—Armstrong said, "I got that half-crown from you," pointing to Mr. Green—Mr. Green said, "Oh."
Harrison's statement before the Magistrate: "I am very sorry to say that Armstrong gave me the bad half-crown, which I passed to Mr. Hocking and I not knowing it; still I knew that Armstrong had been doing something of the sort, but I was not certain, and I did know and do know where the coin was got from, and if you wish to know I will tell you; and that is, of a man of the name of Barlow, at Wybrow's public-house, Little White Lion-street, Seven Dials. I have seen Armstrong go down there, and I have been with him nearly as far as there, but he would not take me with him; but as I was standing opposite White Lion-street, a young chap came up to me, and said, 'You are waiting for your mate.' I said, 'I am waiting for a chap with a sailor's cap on; and he said, 'He is down at Wybrow's.' I waited a long while for him and he did not come, and I went down there and looked in and I could not see him; he was gone, and the young chap said to me, 'Do you want any things? I said, 'No, but the other chap is gone down for some.' I did not see him again all that day. He came against my house the next morning and whistled for me, and as I was in bed I did not come out. John Armstrong, after I had been with this Walker (who is in prison) a week, was with him the next week."
Harrison's Defence. I am not guilty. I have good references.
HARRISON and LEWIN— GUILTY .— Confined Nine Months each.
MESSRS. COLERIDGE and LUMLEY conducted the Prosecution,MESSRS. METCALFE MOIR defended Rowe, and MR. PATER, defended Evans.
JAMES BRANNAN . I am appointed by the Mint to look after coiners—on Friday afternoon, 14th July, about 4 o'clock, I went to the King's Arms public-house, in the Coal-yard, Drury-lane—Inspectors West, Potter, and Brannan, and Sergeant Ackrill and other officers, were with me—I sent Ackrill in twenty minutes before I went myself—I went in at the street-door, into the bar—I asked a female there where Rowe was—she called him—I heard his voice and I went up stairs into a room on the first floor, and saw the prisoners there standing at a rat pit—there was also a man in the
pit, and I believe another one standing by—Rowe said "Brannan, how are you,"—I said, "I am pretty well," and I went between him and Evans, and told Ackrill to take Evans into custody—he had this padlock and keys (produced) in his hand, and I saw Ackrill take them from him—I said, "I have received instructions from the solicitor to the Mint to look after you both, as extensive dealers in counterfeit coin"—Evans said, "I am sure you don't know me, Mr. Brannan—I told them I had a search warrant signed by the Chief Magistrate for searching the place, and they might have it read if they liked; they made no reply to that—Rowe said, "That is my look and keys," pointing to the one that Ackrill took from Evans—I said, "Very well, Mr. Rowe"—Inspector West took Rowe in custody—we then proceeded down stairs to a room leading from the skittle-ground—it is just at the back of the bar at the end of the stairs—Ackrill said, "This padlock was on that door twenty minutes ago," and Rowe, sometime afterwards, said, "That is the lock and key of my rat pit"—the prisoners, with the two officers and Inspector Brannan, went into the room, and I stood in the doorway—it appeared to me to be a lumber room—it was quite dark—we were obliged to get candles—there was a window in it, but it gave very little light—I saw Ackrill find this parcel on the mantel-shelf behind a picture frame or sign board—it contained 30 half-crowns, 30 florins, and 60 shillings, wrapped up in packets of 10 each, with paper wrapped between them as they now are—I opened it in the prisoners' presence—Rowe said to Ackrill something about time—the whole sentence I did not hear, and said, "Ten minutes more and you would not have found a b——dee, or denes"—that is the slang name for a shilling among coiners—I called West's attention to a packet I saw at the far end of the mantel-shelf—he went round, took possession of it and banded it to me—it contained 11 half-crowns, 28 florins, and 45 shillings, in packets separately wrapped up in paper (produced)—the prisoners were taken to the station.
Cross-examined by Mr.METCALFE, Q. Is this an old-established public-house? A. Yes—it is in rather a low district—Besley-court is nearly opposite—that is a very low place—this plan (produced) is correct—the rat pit is up stairs—there is a mews at the back of the house—I did not find a donkey there—Mr. McLachlan has large premises there—I believe he employs a great many men—he has bought the house from Rowe, I believe he bailed him—the prisoners came very quietly—we were all close together—this was a small room—only myself, my son, Ackrill, and West were in it—as we were coming towards the skittle-ground Rowe said he had only known Evans a week.
MR. COLERIDGE. Q. Could Rowe have got out of the room without-passing you? A. No, and if he had there were seven or eight constables close by.
JOHN WEST (Police Inspector F.) On Friday, 14th July, I went with the other constables to the house in question—I went to a room on the first floor and took Rowe into custody—I took him down stairs to the room leading from the skittle-ground—I found this packet on the mantle-piece—I showed it to Rowe, and said, "There is some more Rowe," he said, "It is a bad job"—I gave the packet to Brannan—I heard Rowe say something to Ackrill; I turned round and said, "What does he say, Ackrill"—Ackrill said, "He says if we had been a few minutes later we should not have got a b——dee"—I said, "Then we have fortunately hit on the right time," or words to that effect.
Cross-examined by MR. METCALFE. Q. I suppose you remained pretty
close to Rowe? A. I was searching about when this was said—I was handing the coin to Mr. Brannan; he could hear what Ackrill said—Rowe did not say, "Good God, Mr. West, you are not going to swear against me in that way," or any expression of that sort, in my presence.
WILLIAM ACKRILL (Police-sergeant, F. 15). I went with Brannan and the others to the King's Arms—I went first by myself, into the bar and through the bar into the skittle-alley—I saw the door of the room beyond; this padlock was then on that door—I came back and we all went in together—I went up stairs where there was a dog killing a rat—the prisoners were there, and I saw this padlock in Evans' hand—I took it from him—he resisted very violently—we then went down into the room on the door of which I had seen the padlock; there was no padlock there then—when I took the padlock from Evans I said to Brannan, "This is the lock that was on the door"—Rowe said something, I don't know what—I found a parcel behind a picture in this room, and handed it to Brannan—West found a second parcel and showed it to Rowe—he said it was a bad job——Rowe afterwards said, "If you had been a few minutes later you would not have found a b——dee in the place"—a dee means a bad shilling—I said to Brannan, "Did you hear that"—he said, "Yes, search on"—I afterwards took Evans to the station—he said, "It is all up with me this time; you know Ackrill that I have not been long at this game, but it appears old Brannan knows everybody."
Cross-examined by MR. METCALFE. Q. Did you search this house afterwards? A. Yes; I believe there were two people lodging up stairs—a great number of people used the house—no one heard Evans's admission but me.
Cross-examined by MR. PATER. Q. How do you know it was the same padlock you saw on the door that Evans had? A. By the make of it and there are several scratches on it—I had had hold of it several times before that day—I was acting under Brannan's instructions—Rowe said, "The look is mine, it belongs to my rat pit"—Evans did not deny before the Magistrate that he said, "It is all up with me this time"—our conversation was carried on softly—Brannan was 5 or 6 yards behind—it was intended solely for me.
MR. METCALFE. Q. Did you go, on the first occasion, in consequence of, information? A. Yes, received from Mr. Brannan—we went straight from the rat-pit to this room—Brannan is the only person from whom I ever received information.
MR. COLERIDGE. Q. Was there any padlock on the door of the rat-pit? A. No.
ROWE received a good character.
GUILTY .** †— Five Years each in Penal Servitude.
The following prisoners PLEADED GUILTY:—
NEW COURT.—Tuesday, August 15th, 1865.
Before Mr. Common Serjeant.
JOB GRANT . I am a licensed victualler at the Euston Head Tavern, Euston-road—on the night of 31st July, between ten and twenty minutes past 11, I saw the prisoner in front of my bar with another man and a female—I closed the house about twenty minutes to twelve—my man secured the doors—I saw them safe afterwards—the following morning, a little before 4, I was called up by a policeman, and found that the house had been entered—the bar window was nearly up; it was like that when I went to bed, it must have been palled down further for anyone to get in—I missed about 1l. of coppers from the till, and 2l. worth of silver from the shelf—another drawer had been forced open—I found two cigar-boxes empty—I missed all this plate (produced), and this walking-stick, which were safe on the previous night, the plate is worth about 6l. or 7l.—I also missed some wine—I should think the prisoner was at my bar an hour and A half. I did not see him come in; I first saw him about 10—the street-door was undone when I came down and open, it was bolted inside the night before, there is no key to it—I saw the prisoner the same morning at the Guildhall—I am quite sure he is the person.
JOHN GREEN (City-policeman, 200). Between 6 and 7 on the morning of 1st August, I was in Fetter-lane, and saw a cab standing outside the Magpie and Stump—I called the cabman out, spoke to him, and then went away—I came back in half an hour and found the cab still there—the cab-man then fetched the prisoner out of the bar—I said to him, "You had better get home, this cab has been here some considerable time," and I asked him where he lived, he said, "No. 3, Elvin-court, Fetter-lane"—the cabman was carrying this bag and walking-stick, and I said, "You had better go off home, he seems to have been drinking"—the cabman said, "This walking-stick belongs to him, and this bag of money"—I said, "A bag of money!"—He said, "Yes, a bag of silver, he says he was at a concert last night"—I said to the prisoner, "If you have all this property about you, it is not safe for you to be out, if you are going to Elvin-court I will go with you," and I went and knocked there and found he lived there—I afterwards took him to the station—on the way he took a pair of plated nutcrackers out of his waistcoat pocket, and gave them to me—there was 1l. 5s. 3 1/2 d. in copper in the bag, there was nobody with him.
MICHAEL CANAVAN (City-policeman, 223). I assisted in arresting the prisoner—I searched him at the station, and found on him 31s. 6d., in silver, 12s. 5d. in copper, 7 silver tea-spoons, 2 silver table-spoons, 16 plated forks, about 30 cigars, and several other articles (produced).
JOHN MORRIS . I am a cab-driver, and live at 43, Cowper-street, City-road, on the morning of 1st August, about half-past five, I saw the prisoner at the corner of Judd-street, Euston-road, he hailed me, I took my fare to the Euston-square station, and when I returned I found the prisoner within 100 yards of the place where he first hailed me—he had had some liquor—he got into my cab with a walking-stick and a bag, and told me to drive to Fetter-lane—I did so, and drew up at the Magpie and Stump—I afterwards gave the policeman the stick and bag of money.
JAMES CHILD (Policeman, E 93). On the morning of 1st August, about a quarter-past 4, I passed Mr. Grant's house, and found the street-door open—I went in and called him up—I examined the premises, but found no marks whatever.
JOB GRANT (re-examined). This was a sash window—there are shutters inside, which come within two feet of the top of the window, anyone could get up on the cill and pull the window down—they could not get in over the top of the shutter without moving it—I afterwards found some marks outside on the cill as if some one had clambered up.
Prisoner's Defence. I recollect being in a public-house with another man, and I went home with two men; one of them gave me this property, and said they would meet me in Fetter-lane in the morning. I was intoxicated. I am a respectable man. I am quite innocent.
GUILTY .— Confined Twelve Months.
JAMES JOSEPH CLANCEY . I am a commercial agent, on 27th July, about twenty minutes past 1 in the day, I was in Billiter-street, some one touched me on the shoulder and said something to me—I put my hand in my pocket, missed my handkerchief, and caught hold of the prisoner—he said he had not got it, and he then pulled it from his breast and said that a boy had thrown it to him—I gave him in custody, it was inside his coat, out of my sight at first.
JAMES LEWIS (city-policeman, 566). I saw the prisoner and prosecutor struggling together—the prisoner got away, and ran up Fenchurch-street—I followed and caught him—he said, "I have given you a good run for it"
Prisoner's Defence. I had just come out of Holloway from three months', and intended to get an honest living—a boy who knew me threw this handkerchief to me, and the gentleman caught hold of me, I said I did not take it, that the boy took it.
GUILTY . He also PLEADED GUILTY to a former conviction of Felony in January 1865, Sentence Six Months.**— Confined Twelve Months.
MR. COLLINS conducted the Prosecution, and MR. TAYLOR the Defence.
JOSEPH WOOLHOUSE . I am messenger at the Imperial Ottoman Bank, 4, Bank Buildings—on 6th August, about half-past 3 in the afternoon, I was on London Bridge, looking over the parapet at a steamer—I saw the prisoner close to my left side—just at the moment the steamer was starting I felt a movement at my waistcoat pocket—on looking down I saw my Albert chain dangling about—my watch had been in my left-hand waistcoat pocket—I immediately seized him and accused him of taking my watch—he said, "I have not"—I said I should give him in charge—at that moment the watch fell on the pavement between his legs, as if it fell from him—I picked it up, and also the bow which was on the pavement, broken off—I still held him—he said, "You have got your watch, why don't you let me go"—I gave him in charge—he was the nearest person to me—the watch is worth 5l.
Cross-examined. Q. I suppose this occurred very quickly? A. Yes—there was not a considerable crowd—my niece was with me on my right—I did not observe the prisoner's arms over the parapet—I will not swear there were not people behind me—I don't think there was anybody standing near there—people congregated when I seized the prisoner.
who caught hold of the prisoner, and accused him of taking his watch—I saw it drop between the prisoner's legs—my uncle picked it up—the prisoner said, "You have got your watch, what more do you want"—I am sure the watch dropped from the prisoner and no one else.
Cross-examined. Q. Were you in front of him or behind him? A. At his side—he was close to the parapet—I did not notice anyone else behind us.
EDWARD LATTER (City-policeman, 528). The prisoner was given into my custody by the prosecutor for stealing his watch—the prisoner said, "On my word I did not take the watch, I had my arms over the parapet, looking over into the water"—he said that several times—I took him to the station—I found on him 1l. 17s. 2 1/2 d. and a ring—he gave his address 47, Cambridge Heath-road—there is no such number in the street.
Cross-examined. Q. Did not he say 147? No; I did not try to find 147—it is a very long road—I did not find 45—there was no number as high as 47—the numbers run very irregularly—I believe there was 40, but not 47.
GUILTY .*— Confined Twelve Months.
NOT GUILTY .
The following Prisoners PLEADED GUILTY:—
746. ISAAC FARE-BROTHER** (18) , to stealing 50 yards of cloth, the property of William Martin; also, to a former conviction in March, 1861, in the name of William Rose.— Seven Years' Penal Servitude , [Pleaded guilty: See original trial image.]
748. JAMES POWNER (20) , to stealing 1 watch and chain and 1 shirt, the property of Joseph Sissons in a dwelling-house; also, to stealing 2 waistcoats of William Butcher, and 1 handkerchief of Henry Thomas Johnson; also, to a former conviction in February, 1865, in the name of George Fleet.— Seven Years' Penal Servitude , [Pleaded guilty: See original trial image.]
752. RICHARD SIMPSON (29) , to breaking and entering the dwelling-house of Henry Harrison, and stealing 2 watches, value 3l., 10s.; also, to a former conviction in April, 1862.— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
753. GEORGE AKINS (18), and GEORGE TAYLOR (18) , to burglariously breaking and entering the dwelling-house of Augustus Mendes, and stealing 3 night-dresses and 2 sheets. (Akins received a good Character)— Confined Three Months each. [Pleaded guilty: See original trial image.]
755. ELLIS HUGH JONES (23) , to forging and uttering an acceptance to a bill of exchange for 173l. 10s.; also, an acceptance to a bill of exchange for 100l.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
757. JOHN WELSH ** † (27), to stealing 1 watch from the person of Susan Stubbs; also, to a former conviction in January, 1857.— Seven Years' Penal Servitude , and [Pleaded guilty: See original trial image.]
THIRD COURT.—Tuesday, August 15th, 1865.
Before Robert Malcolm Kerr, Esq.
MR. POLAND conducted the Prosecution.
JOHN COLE . I am a farmer, and live at Bramfield, Suffolk—in July last I had a cow suffering from cold and diarrhoea—Mr. Wright, the farrier, attended her, and gave her some physic—she was old, and he advised me not to spend much money upon her—he attended her about a week or ten days, and gave her about two doses of medicine—she did not get any better, and on the 18th July I sold her for 10s. to Mr. Tennant, an innkeeper of Bramfield, who keeps some hounds—I sold her to be killed for dogs—there was nothing at all the matter with the jawbone—I never saw anything of the cow after she was taken away.
EDGAR WRIGHT . I am a veterinary surgeon—I attended Cole's cow on 13th and 14th July—she was suffering from a slight cold and diarrhoea—she was very old—I saw her again on 16th July, and she was no better—that was the last time I saw her—she was not fit for human food.
JOHN TUNNANT . I am a cattle-dealer, innkeeper, and farrier, at Bramfield, in Suffolk—I keep dogs—on the 18th July I bought a cow for 10s. of Mr. Cole for the dogs—I was at Halesworth market at the time, and saw Seamans there; he asked me whether I had got anything that would suit him for the dogs—I told him I had bought a cow that morning, and did not want it—he said he knew some gentleman in the town who wanted some meat for his dogs, and asked me what I wanted for the cow; I said, "1l. 2s. 6d"—he offered me 1l., and at last he bought it for 1l. 2s. 6d.—he had not seen the cow—he came next morning with a boy for the cow, and took her away—I did not notice anything the matter with her jawbone—she had some hay in the racks, and she ate that—I did not keep any of the meat for my own consumption.
COURT. Q. Did you sell him a cow before for 1l. 2s. 6d.? A. I have sold him plenty of meat before for dogs—I am in the habit of sending meat to London, but I should not send such meat as that.
ISAAC BAKER . I am a butcher living at Halesworth, and know the prisoner—on the 20th July I dressed a cow on his premises—I had killed her—she was a very ordinary cow—the hide was worth 12s. 6d.—I did not eat any of it myself.
COURT. Q. Was there any smell? A. Oh no! she was healthy; there was no disease about her, that I saw—there was no lung disease—she was worn out with old age—the reason I said I would not eat her is that there was scarcely any flesh on her, she was so very old and thin—there was no fat—it was not from disease that I would not eat it.
MR. POLAND. Q. Did you dress it as ordinary butcher's meat? A. Yes.
THOMAS MILLS . I am a porter at Halesworth Railway Station—I know the prisoner—on 21st July he brought two packages, addressed to Messrs. Scales and Son, London—they had labels on, and they were sent up to London.
WILLIAM SCALES . I am a salesman at High street, Aldgate—on 22d July I received two packages of meat with these labels on (produced)—this letter (produced) was inside one of the packages—one of which contained a calf and a pluck, and two hind-quarters of beef; and the other package the two fore-quarters—I should say the beef was not fit for human food—the
inspector was present at the opening of the packages, and took possession of the meat.
COURT. Q. You say there were two hind-quarters and two fore-quarters, what part was wanting? A. Part of the loin—that part might be used for steaks, but it is properly a roasting part—it was in such an emaciated state that rendered it unfit for human food—I did not observe any disease—I do not think emaciated meat would injure persons eating it—any one had better eat it than starve—I have had meat from the prisoner on one or two occasions before, and it has been of a good description.
COURT to ISAAC BAKER. Q. Did you assist in skinning this cow? A. Yes—I observed a blow on the jaw-bone—there was an enlargement—I do not know whether it was broken—it looked as if it had had a blow—I do not think that was sufficient to prevent it chewing.
WILLIAM WILDE . I am one of the Sanitory Inspectors of the City of London—I was formerly a butcher—I was on duty in Aldgate-market—I saw the two packages from the prisoner, containing part of two hind-quarters and two fore-quarters of beef—it was in a very pale and emaciated condition—it was coated with hot fat inside and out, and upon removing that I found inflammation between the ribs—in my opinion the animal had been suffering from disease some time—I made an incision in the buttocks, and found it smelt very strongly, which I presumed was physic—it was totally unfit for human food—it was covered with fat to hide the disease—I took possession of the meat, and had it condemned in the regular way—I took these labels (produced) off the packages—on 2d. August I went down to Halesworth, and saw the prisoner—he made a statement, which I took down in writing—this letter (produced) was sent with the meat—(In this letter the prisoner stated that the cow had met with a misfortune, and broken its jaw-bone, that it had no disease whatever, and that the farmer of whom he bought it had kept five stone of it for his own family,)
COURT. Q. Would diarrhoea or cold constitute disease? A. Diarrhoea and dysentery together would—Diarrhoea of itself would produce wetness—the meat did not smell until I cut open the buttock—the ground upon which I say it was unfit for human food is from the wetness of the meat and the smell of the physic in the flesh—I have known of diarrhoea being caused to persons eating meat which had been physiced—it is common to rub poor meat over with fat, but it is only rubbed on the outside, not inside—the calf that was sent with this meat was good.
COURT. Q. Did you observe anything the matter with the jaw-bone? A. Not when I saw it last—I gave the cow some purging medicine—she showed no symptoms of disease; it was cold and diarrhoea; she was very old, and had not strength to stand it—I consider the purging would render this meat unfit for human food; it was thin and flabby—the medicine I gave was a stimulant, consisting of myrrh, gentian, and nitre.
WILLIAM DAVIDSON . I am one of the Inspectors of Meat—I have been clerk of Leadenhall-market twenty-five years—on 22d July, Mr. Wilde showed me part of two hind-quarters and two fore-quarters of a cow—they were in a very emaciated and wet state, and the cow had been suffering from inflammation—the wetness was caused by disease.
COURT. Q. What disease was it? A. We only, saw portions of it, and we cannot tell exactly the disease—inflammation was strongly marked on the inside—it was not lung disease; we can tell that.
Prisoner's Defence. After I had packed this meat up a heavy rain came,
which will account for the wetness. I did not know there was anything the matter with the cow. I ate some of it before it went away, and so did Mr. Stack's family, and it did not do us any harm.
NOT GUILTY .
OLD COURT.—Tuesday and Wednesday, August 15th and 16th, 1865.
Before Mr. Recorder.
The MESSRS. SLEIGH and MR. ORRIDGE conducted the Prosecution, and MESSRS. RIBTON and BESLEY the Defence.
FREDERICK GOOD . I am clerk to Mr. Leverson the solicitor for the prosecution—I served a copy of this on Mr. Hall the prosecutor's attorney on 10th August, I endorsed it the same day—(This contained a notice dated 24th November, 1864, to produce a writ of summons from the Court of Exchequer to Louise Perette Valentin to appear in an action at the suit of Guilluame Bouillon, and another).
EDWARD THOMAS DAX . I am a clerk in the writ office Court of Exchequer—I produce an affidavit made by the prisoner in the suit of Bouillon and another Valentin—I have the custody of original affidavits.
THOMAS CREE, JUN . I live at 13, Gray's-inn-square and am a commissioner to administer oaths at common law—on 25th November, 1864, I administered the oath to the person who signed his name here, but I do not recognise the prisoner—the oath was interpreted to the person who swore it by a person who represented himself as an interpreter—I know enough of French to understand that, it was word by word repeated.
LEWIS AUGUSTE COULAN . I know the defendant's writing, this is his signature to this affidavit (This was dated 25th November, 1864, and in it the defendant swore that he was well acquainted with the plaintiff Guillaume Bouillon and his wife, and with the defendant Louise Perette Valentin, that in September last the defendant requested him to sell for her some shares in the Paris, Lyons, and Mediterranean Railway, in the Orleans Railway, and in the Paris Omnibus Company, but that the coupons had been removed from them before he received them from her—that he sold the shares, and after paying Mdme. Valentin, he discovered that they had been unlawfully abstracted from the estate of M. Donflou, and belonged to the plaintiff—that in November Mdme. Valentin requested him to sell the coupons of the same shares, which he refused to do, upon which she admitted that they belonged to the plaintiff and had formed part of M. Donflou's estate—that he believed she kept them concealed about her person or in her rooms, and that she had stated to him her intention to sell the coupons and go to America immediately, which he believed she would do unless forthwith arrested, and that her real name was Valentin, but he also knew her as "Bertin" and "La Chatelaine.")
JOHN RENWICK SEAGER . I am in the employment of Mr. Burchell the Under Sheriff—I produce a writ of capias—(This was dated 26th November, 1864, to take Louise Perette Valentin and keep her until she gave bail).
LOUISE PERETTE VALENTIN (Through an interpreter). I live at 30, Claverton-street—in December last I was living in Dean-street, Soho—I came to London on 26th September last—I had lived in France for thirty-two years with Benjamin Donflou; he died on 17th September, 1862—when I came to England I brought 121,000 to 122,000 francs in French bank notes and coupons, also some Orleans Rail way shares—I kept the property in a bag at
my lodgings in the house of Mrs. Fidele Katzenstein—I was arrested by Mr. Hall on 5th December and taken to prison, Mr. Levin went with me—I did Dot see the defendant that day, Mr. Hall told me he was arrested—he had come with me from France to England to take a lodging for himself and his wife and daughter—I had known him about a year in Paris—he was in difficulties he had no occupation, he had been expelled from the Club where he had been for several years; that was in the Bourse—I had occasionally employed him on some errands before I came to London—he came to the same house as myself in London, and three days afterwards sent for his wife, who came with her three daughters—I have lent him money out of charity, enough to prevent their leaving and to pay for their lodgings, and in England I lent him 5,000 francs for him and his wife and daughters to set up a Parisian laundry—that was in October—and on 24th or 25th November he came to me, told me he had no money to go to market and requested my charity—I refused to give them money and they requested me to lend them 3,000 francs on an inheritance to come—I gave them a bank note of 50f. to get rid of them and told him and his wife that they could not yet have spent the money which I had lent them; at my reckoning of their expenditure they ought to have 100l. left—I did not see them again for some time—from the time I came to England till I was taken in custody I never told the prisoner or any one else that I was going to America, or that I intended to leave England and go abroad; I came to London to stay here and die here—on 5th May the prisoner came to me in Whitecross-street prison, that was the first time I had seen him since my arrest—I did not speak to him but Madame Rey spoke of the affidavits concerning my departure for America, and he said that he had told a lie in saving so; but that Mr. Hall and M. Bouillon gave him 12,500f. to lie, and if I was willing to give him the same price he would say the truth but he should be obliged in that case to leave London immediately, because Mr. Hall would get him arrested, as he was cunning enough to get him arrested beforehand if he had any suspicion: as to the oath he was to take, that he did not care because English justice was a comedy, and as to taking an oath he would take as many as might be requested from him at that price—I saw him again at Westminster at the trial but did not speak to him—I was in prison from 5th December to 16th June—I was taken in custody to Westminster to give my evidence—I heard the prisoner examined and cross-examined through an interpreter.
Cross-examined by MR. RIBTON. Q. Did you recieve anything from the executors of M. Donflou after his death? A. Yes, from Bouillon and his wife—they gave me 7,500 to 8,000f. out of 40,000f. which ought to have come to me under the will—on the day M. Donflou died the official seals were put on everything that was for his personal use; I had two wills of M. Donflou—shortly after that, on 1st December, I was charged with having abstracted a certain number of shares, by the adopted children of M. Donflou—the officers came to lock me up on 4th December, 1862—after M. Donflou's death and before the officers came, I sold fifty-five Orleans Railway shares, twenty-five coupons were my own property, coming from the Orleans railway, five other coupons were from shares belonging to my sister, the capital of which had been put into the lands of M. Donflou, and the twenty-five other coupons had been given to me by him for house expenses—I was charged with abstracting or stealing fifty-five shares of the Orleans Railway, belonging to the deceased, and fifty shares of the Lyons and Mediterranean Railway but I had not done it—I do not know whether I was accused of stealing twenty-five shares of the Paris Omnibus Company, but they were demanded of me
—I wish to explain; on 4th December, 1862 I was brought from my house, M. Bouillon the husband of the adopted daughter of M. Donflou came, accompanied by a commissary of police and two men, and asked me if I had in my possession coupons of Orleans Railway Shares, I said, "Yes"; he said, "Have you silver plate?"; I said, "Yes"; he said, "You are to be brought to the Prefecture of police"—I wrote at once to the Juge d' Instruction in order that he should have me brought before him and I was afterwards interrogated by him on four different occasions—he did not say, "You are charged with having fraudulently abstracted to the injury of the heirs of M. Donflou, thirty-five shares of the Paris and Orleans Railway, fifty of the Lyons and Mediterranean, and twenty-five of the Paris Omnibus Company," he only asked me how many shares I had in my possession—I did say, "I do not know what has become of the shares which are claimed of me"—from 5th December, 1862, to 24th April 1863, I was kept in prison with the threat that I might be kept there for two years—I maintained and still maintain that I had not abstracted the shares I was asked about—I denied it because I had not done it—I wish to explain, on the eve of the death of M. Donflou he told me that by our marriage I should be entitled to half of his fortune, but he said, "As I am unfortunate enough not to be able to live to fulfil my duty, here are 100,000f. which I give you"—the result of that enquiry was that I was sentenced to six months' imprisonment, and it was in order to take from me my plate and my shares in the Orleans Rail way that I was put in prison—I came out on 20th October, 1863, and on the same day that I came out the females of the defendant's family came to ask for me and I made their acquaintance—after I left prison I made the acquaintance of Mmlle. Rey—I did not see her while I was in prison—when I came out I went to live at the same hotel as the defendant—he was not a waiter there or anything at all—his wife and daughters had left him, not to give him bread—I remained in the same house with him till 1st July, 1864, when I left—I did not see him constantly during that time—I gave them hospitality for two months when they were living with me, and when they left I paid the rent of their rooms—I went to Bordeaux in July, and while there I think I wrote this letter without date (produced) to Mdme. Lafourcade—as soon as I went to Bordeaux I applied to all the defendant's family for charity for him and then I wrote this letter—I left Bordeux and went to Paris in August, being called there by the Minister of Justice; and when I had settled all my business with the solicitor, I sold all I had and came to England in September—at the end of August or in September I gave the defendant 50 Lyons and Mediterranean shares to sell for me, and 25 Orleans Rail way shares, and 25 Paris Omnibus shares—I had no knowledge of those shares when I was examined before the Juge d' Instruction—the defendant handed me over 94,000f. in French bank notes, out of the 100,000f. that M. Donflou told me he gave me when he handed me those shares—I gave the defendant 100f. for his trouble—he accompanied me to England, and we arrived on the 25th or 26th September, and went to the Hotel de Ville de France in Dean-street—I passed there by the name of Bertin, and also of Valentin, since the proceedings in France—nobody called me Bertin at the hotel, as nobody knew me, my letters came there to me in the name of Valentin—the ladies of the defendants' family called me Bertin, because I had told them not to call me Donflou any more—I do not know whether the defendant went by the name of Edward there—I always heard him called Jean or Lafourcade—I had never been in London before 26th September, 1864; I had never seen it—I mean to say that I had not been in
London in the early part of the same September—Mr. Hall made Coulan go up stairs with me when I went to prison, and had told me that he was in custody also; and coulan had shown me the warrant to arrest him—I did not say to Coulan, "Directly you regain your liberty, go to the hotel where I lodged, and ask them to give you a black leather bag"—I may have expressed a desire to have my bag—I did not say to Coulan, "If the Bouillons get that bag I am lost"—I had nothing to fear from the Bouillons—I did not say, "Get possession of that bag at any cost and get away to France with it"—if I expressed a desire to have it, I repeat it now—there was property concealed in the lining of that bag—I had taken a pretty large sum that very morning to the Union bank, and there was left in the bag 30,000f. in bank notes, and 14,000f. in coupons of railway shares—they were the coupons of the very railway shares which had been sold for me by the defendant—after the defendant left the hotel I went three or four times to Berwick-street, where he had started as a wine merchant, because he wanted to hire me the apartments on the first floor—Coulan was with him in Berwick-street, as friend and interpreter—Coulan twice accompanied me with his wife from the house in Berwick-street to the hotel—before he was entirely residing with Lafourcade he lodged with his wife in Jerrard-street—I persist in my statement that on 24th or 25th November I refused to give them 3,500f.; but I may make a mistake as to two or three days in the date—it was on 25th or 26th November, about 8 o'clock in the evening.
MR. SLEIGH. Q. On what day did M. Donflou die? A. On 17th September, 1863—that was the day fixed for our marriage by the Procurer Imperial—these (produced) are the legal documents which were issued by the authorities for our marriage, but M. Donflou suddenly became worse, and died before the ceremony could be performed—a day or two before his death he handed me a sealed packet, in the presence of a third party, and said "Here are 100,000f., which I give to you, they belong to you by our marriage, you will be entitled to half of my fortune: here are two wills, which if I die will add to your fortune: if I am unhappy enough not to live till to-morrow, so as not to accomplish our union and perform my duty, let that sum of 100,000f. be deposited in the hands of a friend;" and a few hours after he gave them to me they were deposited in the hands of a friend, on the same day that he gave them to me—I did not open the packet first; I knew the contents—I received that packet into my possession some months after I was liberated from prison—it was in the private cabinet of the Juge d' Instruction that I was examined—Mr. Nicholay, the avocat, was not present—there was only the Judge and his secretary, and the gendarme—any shares or coupons which I sold after M. Donflou's death and before I was taken in custody, were what I had received from him for domestic expenses, while he was ill—I had received 25 coupons—I sold no other shares—I only used the coupons—I never took from the estate one son, except what M. Donflou gave me—I employed M. Houett, an avoue, to represent me before the French tribunal, but he sold himself to a solicitor at Versailles—I made a complaint against him, which resulted in bringing me a few thousand francs, and I received something from the Minister of Justice besides—the avoue continued to prosecute, he was not punished for having broken the official seal, but he received a reprimand—the coupons which the defendant sold for me in Paris, for which I gave him 100f. for his trouble, came from the packet which M. Donflou gave me on 16th September—I think these (produced) to be the warrants which were shown to me by Mr. Hall himself, when I was in custody in London—when he showed
them to me he told me that in France all my family and friends were arrest, and asked me if I knew M. Bouillon—I said, "Yes"—he said, "I am his solicitor"—I said, "I cannot congratulate you on being the solicitor of a honest man"—Mr. Hall took me to a cab, and they arrested me in the middle of the street—he accompanied me in the cab to the lock-up—I declined, on the trial at Westminster Hall, to give the name of the friend with whom I had deposited the parcel, I told his Lordship that if it was absolutely necessary for me to do so I should violate my oath in order to comply with his orders—I had promised never to give the name.
MR. RIBTON. Q. In your examination before the Master last week did you not give the name of that person. A. Yes; she is now dead, and I said so at Westminster—when I directed the prisoner to sell the shares in London that I had endeavoured to sell in Paris, in the early part of December, Coulan accompanied me.
AUGUSTE COULAN . I live at 69, Davies-street, Berkley-square, and am a porter—I came to London last October, and went to the Hotel de Ville de France, kept by Mr. Katzenstein—I found Madame Valentin and the prisoner there—I had never seen either of them before—after I had been there a little time, the prisoner and his wife and family left the hotel and went to 56, Maddox-street, and I went with them—soon after leaving, he told me that he would send Madame Valentin to the galleys for ten years—I asked him the reason—he said he could not tell me that day—he told me two days after that it was about some shares which she had stolen from a M: Donflon, with whom she had been cohabiting thirty-two years, and that he would have her in prison because she had promised him money, and did not keep her promise, and if I would serve him and help him in the case, I should be handsomely rewarded; that I need not fear, for it was not for my proper account that I was acting; and that he would have Madam Valentin arrested soon—he said it was for revenge—he wrote to Paris to his daughter Matilde, in order to obtain M. Bouillon's address, who was the son-in-law of M. Donflou, and a few days after he received a letter from Paris from his N. daughter, in which she gave him the address of M. Bouillon—I saw the O. letter, and he told me that it was from his daughter Matilde—he told me a P. few days after that he would write to M. Bouillon to have a reward, and to Q. make a denunciation against Madam Valentin—he told me that I was to R. support him, and he made me promises—he afterwards said M. Bouillon S. offered him a reward of 12,000f. if he would tell him where the thief of the T. shares was, and that he would go and see a gentleman, named Hall, who had U. instructions from M. Bouillon to reward him, and that he would say everything V. he could to Mr. Hall—soon after that interview, I saw Mr. Hall at W. Berwick-street—the first time was about the middle of November—I have X. seen him with the prisoner, but was not present at the interviews—he Y. came about 11 o'clock, and went away at 1 or half-past—after he left, the Z. prisoner said that Mr. Hall would give him 12,000f. if he would give his AA. statement against Madam Valentin, and that he should do so. and accept the BB. 12,000f.—that was about 12th November—I saw Mr. Hall at the prisoner's CC. two or three days afterwards, but was not present at the interview that day DD.—Mr. Hall afterwards said he wanted the prisoner's statement directly, but EE. the prisoner said he would not give it without money; that Mr. Hall had FF. promised to make an agreement, and he would then accept—he made the GG. same communication to his wife in my presence; she said, "Well, at any HH. rate, if you have no money at present, we shall have 12,000f. at the end; do II. it"—two or three days after that, the prisoner said that he came from Mr.
hall and had arranged to have 480l. deposited in a bank, and that he had an appointment with Mr. Hall next day, or the day after, and that he was going to make a statement when Mr. Hall deposited the money at the bank—the prisoner said on one occasion that if I would corroborate his evidence he would give me half the reward offered to him by M. Bouillon—I asked him what he required from me—he said, "Only to corroborate my statement"—he did not tell me what I was to corroborate—I said that I did not know Madame Valentin, and it was very strange that he made such a proposal—he said that I need not fear, I was acting for my own sake, and he would reward me—he said, "As you understand both English and French, you will be very useful to me"—he had previously engaged me as his interpreter—two days afterwards I went with him to Mr. Hall's office—I think it was about 23d or 24th November—we saw Mr. Hall in his private office—he asked the prisoner who I was—he said, "It is my nephew; you need not fear, you can speak before him"—I am not his nephew—Mr. Hall asked him if he had made the written statement—he said, "Yes," and the prisoner signed an agreement—Mr. Hall said that it was an agreement for the deposit of the 480l.—after the prisoner had signed the statement, Mr. Hall said, that to have her arrested under lock and key, it would be necessary to state that she was going to America—I do not think any other gentleman was present—the prisoner said that if it was necessary to say it, it must be said—the prisoner and I left the office with Mr. Hall and went to the London and Westminster Bank, Temple-War branch, where Mr. Hall gave a cheque to a gentleman at the counter, and the prisoner and Mr. Hall signed a book—the gentleman gave Mr. Hall a paper, which he gave to the prisoner, and said, "I hope you will have that money soon"; the prisoner said, "I hope so"—I went back, to the best of my recollection, to Mr. Hall's office, but the prisoner was not with me—I called on Mr. Hall next day, and the prisoner was with me—I went with Mr. Hall from his office to Chancery-lane at a little before 5 in the evening, to a place which I found out afterwards to be the Judges' Chambers—the prisoner was not with us—Mr. Hall there presented a paper to me, and I signed it—I did not read it, nor was it read to me—Mr. Hall also signed it—Mr. Hall and me each took the book and kissed it, and something was said to us, but I did not know then that it was an oath—I went next day with the prisoner to Mr. Hall's office—we saw him and his brother, and a French avocat—Mr. Hall said that he had not succeeded in obtaining the arrest of Madam Valentin yesterday, and one of the Mr. Halls said that something must be made to have her under lock and key as soon as possible—the prisoner said, "Make it strong this time"—we went out and came back a little time after, when a paper was ready which the prisoner signed—that was the paper I looked at when I was called this morning—I do not recollect whether it was signed at Mr. Hall's office, or at 13, Gray's Inn-square—I went with the prisoner and the two Mr. Halls to 13, Gray's Inn-square, and was present when Mr. Cree administered the oath to the prisoner—I heard Mr. Charles Kennedy Hall interpret the oath to him—he interpreted it correctly—he also interpreted the affidavit—the prisoner afterwards told me that he had obtained Madame Valentin's arrest—about 8 o'clock on the morning of 5th December, Mr. Hall came to Berwick-street, where the prisoner and I were staying—I had not seen Madame Valentin in the meantime—he said to the prisoner and his wife and others, "To-day is the day appointed for Madame Valentin's arrest"—there was a Sheriff's officer with him—Mr. Hall told me to watch till Madame Valentin came out of the hotel in Dean-street, and give a
signal to the officer—she came out; I touched my hat, and she was arrested—a cab was called—she was put in, and Mr. Hall and I got in—we went in the cab to Bream's-buildings, and I received these two papers (produced) from Mr. Hall—I showed them to Madame Valentin—we left her at Bream's buildings—I afterwards saw Mr. Hall, who gave me some directions, and in the afternoon I went back to Bream's-buildings, and saw Madame Valentin again—I do not recollect whether I showed her the papers then or in the morning—I then went to Katzenstein's with Mr. Hall and the prisoner—Mr. Hall and I went in, and the prisoner stopped outside—we saw Madame and Miss Katzenstein—I had these papers in my pocket—Mr. Hall showed Madame Katzenstein some papers—I went down stairs and made a communication to Mr. Katzenstein, but I did not show him any papers—he handed me a black bag, which I took upstairs, and told Mr. Hall that I had it—I did not give it to him then—we took it to Berwick-street, the prisoner's residence—he was there; and as no key could be found to fit it, Mr. Hall opened it by the two sides, and I saw some articles of lady's wearing apparel—after a more careful search, some coupons were taken out of it and a roll of papers, which had the appearance of bank notes—Mr. Hall counted the coupons with the prisoner, kept some of them, and gave me l,500f. in coupons to keep in my pocket till further notice—there Were also some French bank-notes, which somebody counted—they put the contents of the bag in again, and it remained a few days at the prisoner's—it was not sewn up again—Mr. Hall took the coupons—I was examined on the first trial of this matter as a witness on behalf of the Bouillons, when no one appeared on behalf of Madame Valentin, and there was a verdict against her—that was in the February sittings, after term this year—I was not examined on the next trial—Mr. Maniere was the attorney Madame Valentin had instructed to defend on that occasion—there was a conversation between me and Mademoiselle Rey in the beginning of May—before that conversation Mr. Hall proposed to me to sign a paper at his office—that was on 1st or 2d May—the prisoner told me that something existed in his deposition that was not true, but that he said it to have money—that was the part stating that Madame Valentin was going to America—I said I did not exactly understand why he said so—he said that he had no scruples with a woman of that sort—on another occasion, he said that the affidavit was not true, but he had done it for revenge, because Madame Valentin had promised him money and did not give him any.
Cross-examined by MR. RIBTON. Q. Do you come from Boulogne? A. Yes; that is my native place—I have not been in prison there—I was two days in the station-house—I was accused of taking some postage stamps out of an office, and had two months' imprisonment, which I did not do—I did not go to prison, because I was recognised innocent; I had my grace, and I can prove it—that is the only time I was convicted—I know three of the gaolers of Boulogne—I was about a week in prison, and two days in the station—I have signed two papers against Madame Valentine—I made one about the 24th November—I signed a paper on the day before the prisoner was sworn—this (produced) is my signature—it was not road over to me—I kissed the book, but did not know that I was taking an oath, I thought that it was a simple formality which I was requested to do by Mr. Hall—I never had taken an oath before, or seen any one sworn, except on my own trial, and that was not done in the same way: they did not kiss the book—I fulfilled the same formality again on the same day as the prisoner did—I have sworn that I heard the oath interpreted to the prisoner—I did not pay attention, but I
know that Mr. Hall interpreted to him—he said the words after the gentle-man of 13, Gray's Inn-square—I heard them, but I cannot say what they were now—I did not hear him say, "So help me God"—I signed a paper on, I think, the day before Mr. Hall took the prisoner to Gray's Inn-square—I fulfilled the same formality in December—I have not frequently stated that Madame Valentin said to me that she intended to go to America—she never said so to me—(The affidavit was here ready in which the witness stated: "I am informed, and verily believe that the said defendant intends shortly to leave this country, and to go to America, and the said defendant has referred in conversation to such intention in my presence")—the signature to this other affidavit is in my writing—(In this the witness stated: "I am well acquainted with the defendant; she has repeatedly, and very lately, stated to me that she was going to leave this country, and proceed to America, and I believe she will do so, and take with her the property unless she is forthwith detained")—that was never read over to me—I do not recollect the day, but I remember going to Bow-street police court with Mr. Hall and the prisoner—I told Mr. Hall what had taken place between Madame Valentin, and myself when I went to Bream's-buildings—I did not tell him that it was very important to get hold of this bag, or that it would be necessary to search the box and the bonnet-box of Madame Valentin; but above all, to search her articles of dress—I told him that at the time of her arrest in Paris she had 32,000 in francs sewn in the lining of her petticoats—I said that because the prisoner sent me to Mr. Hall's office to say it, and on the same day I gave Mr. Hall some written instructions, which I wrote at the prisoner's dictation—I have heard her called Madame Valentin at the hotel, and Madame Donflou, and at the last place the prisoner, his wife, and daughter, used to call her La Chatelaine, and I have heard them call her Bertiu also; but I never spoke of her as Bertin—I heard the prisoner address her as Bertin, but I think nobody else—this paper (produced) is in my writing—it is what I handed to Mr. Hall with Madame Valentin's photograph—(This being read, stated: "It is also very important the day on which the search shall be made; it will be necessary not only to examine her box at the hotel, but also her articles of clothing, at at the time of her arrest in Paris had a sum of 30,000f. in shares in the lining of her petticoats: it may be that the missing coupons will be found in the same way. It will be necessary to have her watched, so that if she is not found at 38, Dean-street, it is certain that she will be found at Cranbourne-street. I recommend also Mr. Hall to take many precautions to insure its full success, she being very clever might go away, and change her residence to a place where it would be very difficult to find her")—I went with Mr. Hall to Bow-street police-court, but did not go in—I did not after that say to Mr. Hall or to any one, that she was only awaiting the receipt of some property from France, and the realisation of the coupons in her possession to go to America—the prisoner sent me with some message to Mr. Hall, and it may be that I said something which the prisoner told me, but I never told Mr. Hall anything about her going to America, or leaving the country; never to anybody—the prisoner told me that it was necessary to say that she was going to America, but I do not recollect whether he said so to me before I made the first affidavit—I know that man—(a French gaoler)—I swear in his presence that I did not serve my full time; I had my grace, and I was only in prison eight days—I never was in prison more than once.
MR. SLEIGH. Q. How long is it since the charge of stealing the postage-stamp was brought against you. A. In 1859; I was then an apprentice in
a commission-office—my age will be twenty-five next June—I went to Paris after my discharge—I was liberated after eight days, because it was was found out that I did not take the postage-stamps, and the man who did take them has been dismissed from his functions for it—with that exception I have never had a criminal charge brought against me—the prisoner dictated the statement that I wrote in his shop in Berwick-street—when I signed the affidavit, I asked Mr. Hall what the contents were, and he said that it was some information about Madame Valentin, but did not tell me what it was—the bag was like this (produced).
MR. RIBTON. Q. Did you say, or did you hear anybody else say that something was concealed in the lining of the bag? A. No; but I heard Madame Lafourcade say that Madame Valentin must have got her money in the bag—the bag was opened again at Mr. Hall's office a little time after to see if anything more could be found in it—I saw the coupons found the first time it was opened.
MADAME COULAN . I am the wife of the last witness, and live at 69, Davies-street, Berkley-square—until May I was living with him at the same place as the prisoner and his wife—I know Madame Valentin—I remember her being arrested—the first I heard of it was the prisoner told me that he had caused her to be arrested for a sum of 12,000f., because she had refused to give him money, and he would have his revenge—he said that he knew well that what he had told was not the truth, but when it was a matter of 12,000f. you must not look so much to it, and that English justice was only a comedy.
Cross-examined by MR. BESLEY. Q. Can you give me the day when this conversation took place? A. Not precisely—it was in Berwick-street—my husband was present, and the prisoner's wife and his daughter Louise—it was in December, at the end, I think—I lived in the same hotel as Madame Valentin, but was not living there when she was arrested—I never knew her by the name of Bertin—I did not know the prisoner till I came to London—I saw him first before the hotel where we lived—that was towards the end of September.
CHARLOTTE REY (Through an interpreter.) I am single, and am a dealer, residing at 31, Rue de Provence, Paris—I have known the prosecutrix from October, 1863—I came to this country in April, this year, and visited her several times in Whitecross-street prison—I was there with her once in May, when the prisoner was there—about ten days before that I had seen him at the New York Hotel, where I was staying, and I manifested my astonishment at his having said that Madame Valentin was to depart for America—he said, "I have never said that Madame Valentin was to go to America."—I said, "If you did not say so you have signed as much, you have declared in an affidavit that she was on the eve of departing for America, what has M. Bouillon promised you, to make you declare to such a lie; I know that he can promise much, but I know that he does not keep much of what he promises"—the prisoner answered, "I have not been satisfied with the engagement, I have received something on account; I have a perfect regular engagement for what is promised"—I said, "You know perfectly well that Madame Valentin is not about to depart to America; how is it when she has done you so much good, that you have done her so much harm"—he said, "If you knew how these things are managed in London; a book was presented to me, and I was asked to sign something, I did not bother myself about the remainder"—I said, "What you have done has had very important Consequences for her, since she has been put in prison, and is not yet out,
and from what I see it is interest that has made you commit such an infamy"—he said, "Yes"—I said, "How much are they to give you?"—he said, "400l."—I said, If 400l. has been given you for making a lie, how much will you ask from me to tell the truth?"—he said, "1,000l. sterling"—I said that I had nothing to say, and he had only to withdraw—I went to Madame Valentin at Whitecross prison every day, and I saw the prisoner there at one of those interviews—he bad then lowered his pretensions, and said that instead of 1,000l., he would only ask Madame Valentin the same turn which was secured to him by Mr. Hall and Bouillon—he showed me the treaty which he had made with Mr. Hall in the name of M. Bouillon, to show me that such sum was well secured to him—I told him that it was infamy to have her arrested, because he knew well that the property belonged to her—he said that it was in order to make money—I told him I was very much astonished that he should take an oath so easily, that in England it was a serious matter—he said, that an oath which was taken not in our own religion was not binding, and that he had been made to sign two affidavits, the first not having been sufficient.
Cross-examined by MR. RIBTON. Q. Did Madame Valentin put any question to you at the end of her imprisonment? A. No—I first saw her at Mrs. Lodinska's, a private house in Paris, in October, 1863—it was not in prison that I saw her first—I was never in prison (Two gaolers named Meurant and Goury were called in)—I do not know those men, I have never seen them before—I persist in saying that I have never been in prison—I do not know 28, Lisle-street, Leicester-square—I do not know the place where one of the prisoner's daughter's was in the habit of working about Easier this year—I know his daughters, and knew where to go, but do not know the number—I have been there to see his daughter and wife, on behalf of Mrs. Caranza of Paris, who knew them—I did not go to request that the prisoner would call on me—I did not at that time know of the affidavits be had made—I did not send for him at all—when I went there and saw that it was a laundry, I said, "I have some linen to be washed, call at the hotel or send for it"—I do not know Neu, a waiter at an hotel in Percy-street, Rath-bone-place—I never desired a waiter from the New York Hotel to go to Lisle-street with a message to the prisoner—I sent the ladies'-maid to Madame Lafourcade to say that if they were not coming to take my linen at once I must give it elsewhere—when I went there and saw the prisoner, I did not even say a word to him—I had a message to his wife, but took no notice of him—his wife did not say that she would not go to the hotel or have anything to do with the linen, as it was not her business, on the contrary, she thanked me for giving it to her to wash, and conducted me very politely to the door, and said that she would at once send for it—before I went to Lisle-street I went to Paris—I remained about a week, and on my return I heard of the affidavits—Madame Valentin gave me the address of her solicitor, who spoke to me about them—I cannot tell you how I found out the house in Lisle-street, I think the address was given to me by Madame Caranza—Madame Valentin did not tell me that the prisoner was about to visit her in prison; it was quite by accident that I met him there—the conversation was entirely between him and me, because I found that it was below the dignity of Madame Valentin to have any conversation with a man who had done her so much hurt as the prisoner—on my arrival at the prison he had just come in, he had not spoken to her; he went into the room first—when I went in, Madame Valentin was making him some severe reproaches as to his conduct with her, and he said, "It is no time to make
recriminations, I come here to try to save you"—I know he had said nothing before that because Madame Valentin said that he had just come in, and be said so also—my other conversation with the prisoner was at the New York Hotel—we were alone for the greater part of the time, and for a minute or so a Mr. Dubois was present, the prisoner had come there with him—that was after I returned from Paris—I had seen Madame Valentin in prison before I returned to Paris—she told me nothing about the affidavits, she did not even know why she was there—I know that Madame Lodinska had some difficulties with her husband—I did not see her in the prison of St. Lazarre, only in her house in Paris and in her country house at Duperk.
MR. SLEIGH. Q. Is there any pretence for the suggestion that you have ever been in prison in your life or had any charge brought against you? A. I do not know of any pretext for it.
HORACE SHEARING . I am a clerk of the London and Westminster Bank, Temple Bar Branch—Messrs. Denton and Hall the solicitors keep an account there—on 23d November, 1864, 480l. was transferred from their account to a deposit account in the joint names of Frederick Thomas Hall and Jean Lafourcade—20l. of that was drawn out on 24th December, and the interest was carried on—the remaining 460l. with the interest was drawn out on 10th June to the joint signatures of Hall and Lafourcade—there is no power for one to draw out alone.[Adjourned.]
Wednesday, August 16th, 1865.
Witnesses for the Defence.
FREDERICK THOMAS HALL . I am a solicitor in partnership with Mr. Denton, we were solicitors for the Bouillons in the action—my brother is an avoue in Paris—about 16th November last, in consequence of a communication from Paris from the Bouillons, I made enquiries about the prisoner, I knew nothing of him before that—the first interview I had with him was, I believe, on 17th November, at 56, Berwick-street, Oxford-street, where he lived—I saw him alone and he told me that he had in his possession documentary evidence which would enable the Bouillons to find and recover without loss from 3,000l. to 4,000l. worth of shares, payable to bearer, which belonged to them as heirs of a deceased person named Donflou—I already knew what their representative character was, but be refused to give any information or to name the documents unless he was remunerated for it—I communicated with Paris, and on 19th November received this power of attorney (produced), it is in French—I then had another interview with the prisoner and informed him of the nature of my authority, but terms were not agreed upon and I considered the matter ended; but on 21st November he called on me and stated that he would forego the payment of a sum of money down—the proposal having been communicated to Paris and ratified, was put in writing on 23d November—that arrangement referred to the deposit of 480l., this is the document—(This was a memorandum of agreement between the witness and the defendant, dated November 23d, 1864, and stating the terms upon which the 480l. was to be deposited in their joint names, signed "J. LAFOURCADE")—the counterpart was signed by me, I kept this one and he the one which I signed—up to that time he had not disclosed to me the person described as the thief, but had spoken of the thief as him—on my return to my office and within half an hour after that agreement was signed, I heard Madame Valentin's name in connection with it—I had at that time learned nothing about her movements or probable movements, and did not know where she was—on the day after I received the information from the prisoner I went to the Bow-street police-court,
Coulan went with me—the same afternoon that the deposit was made, before five o'clock, Coulan had handed me this paper with information, I think that was on the 23d, but it may have been on the morning of the 24th, before we went to Bow-street—it was not precisely an application at Bow-street, it was a mere submission of documents—up to that time there was no idea of a capias, I never thought of it and had not the least idea it would apply—there was no communication with the prisoner about his making an affidavit for a capias—the paper that has been put in in Coulan's writing refers to the criminal proceedings—I got the information as to the possibility of Madame Valentin going to America, from Coulan—I mean that statement, it was on the way back from Bow-street—the prisoner was not present but Coulan repeated the statement next day in the prisoner's presence—Coulan gave me verbal information in addition to what was in the written statement—the first application to a Judge at Chambers was made late in the day on 24th November, on a joint affidavit of Coulan and myself—it was prepared in Coulan's presence and he read it—we were sworn on the same testament at the same time—the next application was made on the following day on a more explicit affidavit of myself and an affidavit of the defendant—I had had no conversation with him before that as to the probable intention of Madame Valentin to leave the country, but I had received the information from Coulan before—upon that a capias issued and on 5th December she was arrested—I had very considerable communications with Paris in that interval—the execution of the capias was purposely delayed—I did not when she was taken say that Lafourcade was in custody or that Coulan was arrested—I went with her to the lock-up in Bream's Buildings—Coulan remained there after I tot and afterwards made a statement to me in consequence of which I saw Mdme. Valentin, who denied all knowledge of the shares or coupons—in the afternoon I went to Katzenstein's to serve process on him in an action of detenue, for detaining part of Bouillon's property, and before I left the place I saw that Coulan had possession of a bag—I believe this is it (produced) there are some brass things on it and a ticket—there is no key that I know of—it was opened in this way. (Bending the iron)—I did not open it, Coulan emptied it of all its apparent contents, and it was thought to contain nothing further, when in this corner some lumps about as big as walnuts were felt, thereupon it was forced a little more open and the lining was pulled out a little, and between the lining and the leather was a little bag carefully sewn up which we opened and out came three bundles of coupons—these (produced) are a portion of them, these are all of the Lyons Railway Company, and these of the Paris Omnibus Company—the earliest coupon of the Omnibus Company is 1st January, 1863, and the latest 1st July, 1864—there are four sets, January and July 1863, and January and July, 1864—those of the Lyons Railway are 1st May, 1862, to 1st May, 1864, also four sets—I took possession of them but not of the Orleans then—there were also in the bag some sleeves, collars and small articles of dress, a bottle of scent, and a case with two pair of spectacles in it—there were no l,000f. bank notes—Coulan retained possession of the bag, all the other things being put back except these coupons—one morning in December when I reached chambers I found the bag on my table, tied up in a newspaper but who left it I know not—the same things were in it apparently—I put it aside on the top of a book-case folded up in paper and tied with string and there it remained till the day of the trial, at least it was produced once in the meantime—I have received from the prisoner some sale notes of shares which exactly correspond with the coupons found in the
bag—these shares pass from hand to hand and the coupons can only be cashed at the Company's office, they must ultimately be paid by the Company—a subsequent action was commenced against Madame Valentin by M. Bouillon after the discovery of the coupons in the bag, in consequence of fresh instructions from France; it was an action in trover for the shares themselves, the first action being for the coupons—they were both tried and the defendant was a witness—a M. Maniere acted as solicitor for Madame Valentin, I can hardly say whether he was her solicitor at the time of the first capias—I was only in communication with him three or four days after the arrest—Madame Valentin referred me to him as her solicitor on, I think, 8th December—he acted as her solicitor at the first trial on 6th February, when both actions were tried as undefended, and afterwards a new trial was permitted, and then the larger action was to be tried and the second was to abide the event; one was tried and the other only formally tried—I had two or three interviews with M. Maniere when he was acting as her solicitor and all notices were served at his office.
COURT. Q. Then it was the first action upon which she was arrested? A. yes; the amount was between 300l. and 400l.; a verdict was taken for 480l.
Cross-examined by MR. SLEIGH. Q. Did you enter those causes as undefended? A. they were marked undefended—that was the end of January or February—they were entered for trial for the first sitting in Hilary Term, 12th January—the first cause was ripe for entering, but the other was not ripe for trial; the pleadings were not completed—having commenced an action, I made the first a remanet until the second was ready—the order to hold Madame Valentin to bail was in the sum of 300l.—I obtained an order to detain her in the sum of 2,900l.—I issued a writ against Katzenstein, and took a copy of it with me to serve him personally—there was an original to it—the two papers produced yesterday and marked, emanated from my office—they are in my clerk's writing; one of them purports to be a copy of a writ of summons to institute an action against Auguste Coulan in the Court of Exchequer, at the suit of Guillaume Bouillon and Frances Bouillon, his wife—there was never an original to that, that I know of—it comes from nay office—I believe it to have been copied from the original in the action brought against Madame Valentin, and for months afterwards I believed it was a copy of that—I know now that it was not directed to Coulan—I first saw it when it was produced at Westminster last January; I never saw it before in my life.
Q. Do you know as a fact, that when Madame Valentin was arrested on 5th December, Coulan had in his possession that which purported to be the copy of a writ? A. I know he had not—I know that on the evening of that day he had not a paper which purported to be a legal paper from my office—I had an interview with Madame Valentin in Coulan's presence about 2 o'clock that day—she was arrested at a little before 10 o'clock that morning, and I went to see her in the course of the day at Bream's-buildings—I had previously accompanied Coulan and the Sheriff's officer in a cab from the place where she was arrested, to the lock up; I was the only person who could explain in the French language—in the evening of that day when I had a conversation with Madame Valentin, I did not, referring to Coulan who was in the hall, speak of him as "This poor fellow."
JURY. Q. Cannot Coulan speak French and English? A. yes; but the reason I went to effect the arrest with the officer was that I was the
only one in my office who could explain to the defendant the nature of the arrest, and explain the circumstances.
MR. SLEIGH. Q. You have seen another document here—this (produced) purports to be what; look at it? A. This purports to be a copy of the writ of capias—there was an order made by Baron Martin of what this is a copy; not to arrest Coulan, but this does not purport to be a copy of Coulan's writ—this is not a copy—there never was an order made by Mr. Baron Martin at my instance to arrest Auguste Coulan—as to the other paper, I never saw it till January—I know that neither of these papers were in existence on 5th December, nor on the 6th—I gave directions for them to be written, and I have my books here to show it.
Q. When was it you gave directions to a clerk to make this which purports to be a copy of a writ of which there never was an original, and this which purports to be an order of Mr. Baron Martin which never was made? A. I gave directions on 5th December, that Coulan might have copies of Valentin's writ of capias—I handed these two papers to Coulan, I was going into the office, and I said, "Tell them they are to make copies of those for you"—one is in the writing of a clerk named Barker, and the other of a clerk named Goden—I was examined at the trial at Nisi Prius, and when I was asked, "Did these writs come out of your office?" the papers were, I believe, put into my hand, and I think I said there might have been an original writ in a very few minutes if something had not happened, and there would have been.
Q. You were asked to repeat your answer, and you say, "Yes. there would have been very shortly, if we had not found that the man to whom it is directed was willing to assist us": you say you thought that was a copy of the writ issued against Madame Valentin? A. Yes, "the man to whom it is directed," refers to Coulan—Coulan had reported to me that he had been authorized by Madame Valentin to procure this bag which contained matters which would compromise her, he had attempted to get it from the hotel-keeper, who refused, and therefore I sued him, and on being served with the writ, he gave up the bag to Coulan, who gave the coupons to me, and afterwards said, "Am I safe with regard to these?"—I said, "If you like I will return you the coupons; you may keep them;" but I kept this reservation in my mind that I would keep my eye on him—I said that I should have "run them through," by which I meant that I should have sued anybody he handed them to, and anybody that that person handed them to, until they were in safety; I knew these people very little, and I was obliged to be very cautious how I dealt with them—this was on the 6th, the day after I had them, he came and asked me whether he was safe, and I said, "If you are afraid, I will hand them back to you."
COURT. Q. How does this explain your giving him this capias two days afterwards, because you offered them back, and he declined to take them, therefore there was no reason to have writs prepared against him? A. I say I should have sued him had I seen any intention on his part to run away with the property.
Q. You are asked to explain about the sham writs? A. He had been present in the cab when Madame Valentin was served with a copy of the capias and of the writ, and she believed him to be a fellow prisoner; he was calling continually all day, and he said, "I wish you would let me have copies of those papers which you gave to Valentin"—they were for his own information, not only as to the nature of the proceedings but of getting information as to the nature of the property.
Q. You were asked to account for them, and you said, "I had those copies made for an original to be prepared in case of necessity?"A. You will see that that is explained afterwards; at the time those writs were handed to me I bad not the least recollection of them, I supposed them for the time to be copies of the writs against Valentin, afterwards, when I found that they had been handed to him, they said that he asked to have his name put in—I said in my former examination that I supposed they were prepared to have originals made from them.
MR. SLEIGH. Q. In the proper course of proceeding, having brought an action against Madame Valentin, what business had you to give what purported to be copies of the process to Coulan? A. He asked me for copies, and I let him have them, because he was in the confidence of Valentin, and I believed I was dealing with a very clever thief—I did not instruct papers to be made in my office and given to him that he might flourish them about as a terror to Madame Valentin, or other persons, certainly not—there was an original writ in Madame Valentin's case—it was not my only object in going in the cab that I was anxious to see Madame Valentin arrested, but also to see that she was the right person, and to explain to her in her own language the nature of the case—these papers were made out pursuant to my direction, but not as I directed them to be made out—it was my supposition at first that an original could be made in case of necessity—it was not till my examination at the trial at Nisi Prius had proceeded some way, and I saw the direction it was taking, that it dawned upon my mind, I have since referred to my books, and now it is perfectly clear; you will find afterwards that it is fully explained—I will refer to my books if you wish it—these entries are in my own writing—here is an entry on 8th December; it would be entered on the evening of the 8th or the morning of the 9th, "Copy writ for Mr. Coulan; copy capias for him"—this is my day-book—I have a diary in which I post appointments—the action is still pending, and there are the names of persons mentioned here, but I do not object to the Jury seeing the book, if you will refer to the 5th you will find an account of the arrest—I do not think I had an interview with Mr. Maniere, Madame Valentin's attorney, on the Thursday when the entry was made—if you let me look at the book I will tell you—(Looking at the book) I do not believe I saw him for a week afterwards—I did not see him on the 8th—I had no interview with him at all—I keep an appointment-book—this is my diary—I have no other book in which I make original entries day by day—this is written partly by me and partly by my partner—I did not on the 8th direct anybody to confer with Mr. Maniere on my behalf about this matter—you have got hold of the wrong name; it is Manners, and not Maniere, that is written there, but it is in reference to this matter—I do not think I have here the book in which I enter appointments, but I can get it in twenty minutes—the writ in Madame Valentin's case was issued on the 24tb, and the order to hold her to bail was on the 25th—these two papers, which were called on the trial sham writs, are dated 25th November, the very same day, they are copies—I did not allude to Coulan as "This poor fellow,"I do not think he was referred to in the least.
Q. You were asked the question, "Do you remember saying, you are an actress of great merit, but you are not so clever as to succeed, you have brought many into trouble by your tricks, this poor young man Coulan was arrested through your tricks," did you say that? A. No—my answer was not "This poor young man I might have said"—it is obvious that part of the question is run into the answer; it is not English as it stands; it
should be "This poor young man; I might have said that she was an actress, because I understood she had been on the stage"—there is something left out there—I did not make that answer; I may have been misunderstood—Coulan was present at the interview with Madame Valentin—I never heard him spoken of as "This poor young man."
Q. Were you not further asked, "Was Coulan there at the time? I believe he was—I believe he did not say one word, and he has told so many lies I do not know what is the truth. When did you know he was arrested? I knew it after he had done it to get me back the coupons." A. The coupons were delivered over directly afterwards—I had them the game day, I think it was, I did not know of this until some time after the coupons were got—I wish to point out that there are manifest inaccuracies in part of that copy—on the day of the arrest, after Coulan had an interview with Madame Valentin in the lock-up, he came to me and repeated that being alone with her in her room she said to him, "How comes it that you are arrested with me?" "Thereupon," he said, "I took my cue and said nothing"; that she said, "You cannot be kept in prison very long; when you go out, go to my lodging, and get a bag you will find there, and make away with it, hide it, burn it, or go to France with it"—in consequence of that proceedings were taken, and the hotel-keeper gave up the bag afterwards—it was found that the bulk of property claimed could not be traced, and Coulan continued to act out the character of fellow prisoner for two days longer for the purpose of ascertaining who she was in communication with, in order that the property might be traced—that was about the 7th or 8th, and I was aware that she was under the impression that he was a fellow-prisoner—I knew that his scheme was to pretend that he had been arrested, and that he was carrying it on for three days, but the idea originated with Madame Valentin—it was done with my knowledge for two or three days—the papers were made by my clerk on 8th December.
Q. Do you mean to persevere in telling my Lord and the Jury that on that day when they were made you did not know that it was process against Coulan? A. I was informed when I returned that they had been made and that his name had been introduced, but that was after they went out of my hands—I was taken quite by surprise in the trial—I attached so little importance to it, that of course in six months the fact itself had passed from my mind—it dawned on me for the first time on the trial; I had no notion of sham writs—I saw what it was intended to impute to me, I was asked, "Are those in the writing of your clerks?"—I knew on the same afternoon that Madame Valentin's writs were copied and that Coulan's name had been substituted—I believe it was on the 15th that I first saw M. Maniere, for, strange enough, I was in the very act of preparing the affidavits to hold her to bail and I had him shown into another room—he said that he was going to get her discharge as she was not going to leave the country.
MR. RIBTON. Q. Did you give instructions to anybody to put the name of Coulan in the writ? A. No; whoever did so it is in the writing of my clerk, without any suggestion or order from me—at my interview with Madame Valentin at Bream's-buildings at which Coulan was present, I gave her the full particulars of the claim made against her for the shares and the coupons we were seeking to recover; she said that she knew nothing whatever of the coupons or shares; I said, "You cannot say that for I have received documents from Lafourcade which disprove that fact"—she said, "I know no one of the name of Lafourcade."
COURT. Q. Find out the first entry in your book where Maniere's name
is mentioned? A. It may not have been sufficiently important to be put in here, but it would be in the call book which is in the writing of the office boy. (The witness was directed to search for the first entry.)
MR. SLEIGH. Q. Do you produce the cash-book, ledger, day-book and diary of 1864? A. This is the only diary, it has "Diary" written outside but it is only appointments, it does not record tillings done but things to be done—I have the writ against Katzenstein here—Mr. Manners was an agent who I was employing to get information from, I do not think I ought to be asked further.
CHARLES KENNEDY HALL . I am a licentiate of French law, I took my degree two years ago—in November last I was instructed by M. Bouillon and Mr. Devouard his avoue in Paris, in reference to some Orleans Railway, Lyons Railway, and Paris Omnibus shares—I put myself in communication with my brother in London and sent a power of attorney—I had no know-ledge at that time of the person in respect of whom Lafourcade had offered information—I came over to London several times about an insurance case, I cannot say the exact date—I was present once when the prisoner came to my brother and recognised him at once as a person I had known at my club in Paris—I had known him since 1854, when I joined the club, he bore a perfectly good character during that time—I was present and remember explaining to him in Coulan's presence an affidavit which had been prepared—I went to the gentleman in Gray's-inn-square when it was sworn—I have here an official copy of a judgment in the French Courts in the case of the Procurer Imperial against Madame Valentin—I have no translation of it here, I had on the former trial—I have also here the interrogatories of Madame Valentin—I was not acquainted with the circumstances of the arrest of Madame Valentin, I was in Paris, but after the arrest I received the coupons that were found concealed it) the bag.
Cross-examined by MR. SLEIGH. Q. Have you taken the degree? A. No; as an Englishman I cannot go to the bar—I have taken the necessary degree—I know M. Nicholay very well who acted as avocat for M. Bouillon—I was not connected professionally with him in 1863—I never was his secretary.
LOUSIE LAFOURCADE (Through an interpreter). I am a daughter of the defendant—I reside with Mr. Reichardt—I was living there in April last—I work in a shop—I know Mdlie Ray—I work in a laundry shop at 28, Lisle-street, Leicester-square—I saw Ray at Easter several times, she came to my place wishing to speak to my relations—I saw her and her mother come to the shop and heard what passed but I was not seen—she came on many occasions—I know Madame Valentin—I was in the habit of seeing her in October and November last year—she came often to our place in Berwick-street—I was living with my father in Berwick-street—Coulan was living there at that time—I have heard Madame Valentin speak in the course of conversation in reference to her own affairs, my father was always present—Madame Valentin has often told me that she wished to make a tour in Scotland and from there that she should go to America—I have heard her say that very often—we said if she went we should not go with her—Coulan was present at several of the conversations.
Cross-examined by MR. SLEIGH. Q. When did you leave Paris? A. I came with my mother and my sister on 25th September—I am a laundress.
COURT. Q. Did you at any time see Madame Coulan at Berwick-street with your father? A. She was always there for she lived there.
MR. RIBTON. Q. Did you at any time in Madame Coulan's presence hear your father say that English justice was a comedy? A. No.
COURT. Q. Did you hear your father say that Madame Valentin had refused to give him money and that he would have his revenge? A. I do not know; I never heard him say that he knew well that what he told was not the truth, but when the matter was 12,500f. you must not look so much at that—I never heard him say, "At last she is arrested, the rascal," or that he had caused her to be arrested for 12,500f.
MR. SLEIGH. Q. Did you know that your father had received 5,000 franca from Madame Valentin on his coming to this country? A. I did not know it till afterwards—I do not know exactly at what time I knew that—I know that in November my father was very poor, and almost without money—I do not recollect my father asking Madame Valentin for more money about that time, or to advance him 3,000f. more—my father is not in the habit of confiding his affairs to me—I do not know that my father got about 80 or 100 francs at the latter end of November—I have never heard him say that he had got from her either 80 or 100 francs and that she would give him no more—I was a laundress in Paris—I had no other mode of earning my living there—I never belonged to any public establishment or theatre in Paris, I have always been a laundress—my sisters Matilde and Marie have been connected with the Bouffes Parisiennes but not I—from the very first day that I came to England, Madame Valentin told me about her going to Scotland and then to America, she always said so—when we first came to England we stayed at Katzeustein's hotel—she said it often to us at the hotel, but not to other people—she said it always in the family room in which she and we lived—we all passed our time and had our meals in the public dining-room of the hotel like the rest of the world.
MR. RIBTON. Q. Have you heard also conversations at Berwick-street? A. Certainly, before all of us—that was before M. and Madame Coulan as well as us.
COURT. Q. Have you heard Madame Valentin speak of going anywhere else? A. To several other places, she had said she would go to China, and also to Scotland and America—I heard her speak of her intention to return to France in January.
COURT. Q. How would she get from China and Scotland and America, to France in January? A. She wished to bring an action against Bouillon on her return—she was frequently speaking of her intention of going to France to attack M. Bouillon—that was also at the time she was talking of going to America, and she was to be in Paris in January, so she said—I do not recollect the date I last heard her speak of going to America, but it was the last time she came.
MARIE LOUISE LAFOURCADE . (Through an interpreter.) I am a daughter of the defendant, and live at Paris—I am an artiste—I came to London with my mother, and my two sisters—we arrived on 25th September, and went to the Hotel de Ville de France, Dean-street, Soho—I saw Madame Valentin there—she was addressed as Madame Bertin, and my father was called M. Edouard—we left London on 9th October, and arrived in Paris on the N. 10th—while I was in London Madame Valentin talked of going to America O. and Scotland, and even to China, upon which I told her she was going to P. lose herself to throw herself away in distant countries—she did not say Q. that she would live and die in England; she never intended to die in R. England.
Cross-examined by MR. SLEIGH. Q. Did Madame Valentin talk about going back to Paris? A. No—I am an actress.
MATILDE LAFOURCADE . (Through an interpreter). I am a daughter of the defendant—I came to this country on 25th September—I lived in Dean-street a fortnight, and went back to Paris on 9th October—I returned here last Saturday—before I returned to Paris I saw Madame Valentin every day; we lived at the same hotel—she several times manifested a wish to go away to Scotland, and then to America, particularly on one occasion when I was at the Crystal Palace—she was known at the hotel as Madame Bertin—I know Coulan; he was present on some of those occasions when America was named, and my father also.
JURY. Q. How long did Madame Valentin intend to stop in America? A. She did not say; she only said she would end her days in travelling about.
Cross-examined by MR. SLEIGH. Did she talk about going to China as well? A. Once at the Crystal Palace—I did not hear Italy talked of—she talked of Scotland, America, and China, and my sister said to her laughing, "You will lose yourself"—I do not recollect her talking of going back to Paris this year—I am an actress—I have come over on purpose for this case—I was not here when my father was examined before the police-magistrate—I arrived on Sunday—my sister arrived on Saturday, but I lost the train—when I went away with my sister to Paris, my family remained in Dean-street.
MR. RIBTON. What is your salary as an actress? A. I have a written engagement, 450f., and 500f. the succeeding month—I am a singer.
COURT. Q. Did you very frequently hear Madame Valentin speak of going to America? A. Very frequently, Coulan was frequently present on those occasions—I heard her say so most every day—I do not recollect the date when Coulan came to England, but I was here when he arrived—he came about nine days after me, but I cannot tell exactly.
MR. SLEIGH to LOUISE LAPOUBOADE. Q. Did you know of your father being examined at the police-court on this charge? A. No, I do not think so—I heard of it in the evening—if he was before the Magistrate more than once, it must have been on some other business—I was never examined before the Magistate—my father asked me to go before the Magistrate, and I was present, but I was not examined—I think some attorney or Counsel appeared for him.
MR. RIBTON to FREDERICK THOMAS HALL. Q. Did Counsel appear for him? A. Yes, and by his advice the defence was reserved.
AMAND KEICHARDT . I am a French laundress, of 28, Lisle-street, Leicestersquare—I know Madame Valentin, and have conversed with her about her affairs for an hour at a time—on one occasion she said that foreigners are always robbed in this country, and that it was her intention not to remain here; that it was for that reason she stayed at an hotel; and without that she should have established herself with her own furniture—I know Mademoiselle Ray; she was at my house the first Sunday after Easter, about 12 o'clock in the day, and I lent her my room to speak to the prisoner in private, because he was in a very little room—she could not see him because he did not choose to be seen, but she saw Madame Lafouroade—she came about four times—I remember Neu, the waiter at the New York Hotel, coming there.
Cross-examined by MR. SLEIGH. Q. Is Reichardt the name by which you have always gone? A. Yes; one of the prisoner's daughters was and is living at 28, Lisle-street—she is in my employment; she is my head workwoman, but I did not know her before this affair—the prisoner was living
there before his arrest—he received a summons to present himself before the Court in the morning; he went, and the affair did not come on, and he had to go back at 2 o'clock in the afternoon—that was near Covent-garden—I was present in Court when the examination was going on, but was not examined as a witness—it was at my house that Madame Valentin said that foreigners were always robbed in this country, and she did not intend to stay; she came to get some clean linen for a little Italian girl, whose husband was present when she made that statement—he went away about three weeks ago.
CHARLES NEU . (Through an interpreter). About Easter last, I was waiter at the New York Hotel, Leicester-square—I was sent by Mademoiselle Ray, on one or two occasions, to Lisle-street, Leicester-square—she told me to go there, and ask for a gentleman, whose name I forget—he was not there; she did not give me any description of him—she only sent me once.
FLORENTIN JOSEPH MEURANT . (Through an interpreter.) I am a gaoler of the first class, of the prison of St. Lazarre; it is a correctional prison—I was called into Court yesterday, when Charlotte Ray was in the box—I recognized her, and from what I know of her I would not dare to say that I would believe her on her oath after the place in which I knew her; nor from what I know of herself—I knew her three months between 1861 and 1862, and two months in 1863.
COURT. Q. When were you first asked whether you would believe her on her oath? A. Here, at this moment—I have not been asked the question before—I have not been examined by Mr. Hall—no person has questioned me before I came into this Court—no gentleman has put such a question to me this morning.
PIERRE ADOLPHE GOURY . I am a gaoler of the second class of the prison of St. Lazarre—I know Mademoiselle Ray perfectly—I saw her yesterday when I was called into Court—I have known her for three months, and two months in 1861 and 1862, and from what I know of her I would not believe her on her oath.
JURY. Q. Would you lend her 5f.? A. No.
COURT. Q. When were you first asked the question whether you knew her before? A. Never till this moment.
MR. RIBTON. Q. Have you got leave of absence to come here? A. Yes—I only know Mr. C. K. Hall by having seen him here the last day or two—he has asked me no questions this morning.
COURT. Q. Have you examined them this morning? A. I asked them both whether Ray would be believed upon her oath.
MR. RIBTON. Q. Did you ask them whether they themselves would believe her on her oath? A. I did not (The short-hand notes of the prisoner's evidence at the trial at Westminster were here read.)
EUGENE THIOU . I am a spring bed maker, of Howland-street, Tottenham Court-road—I started from here for Paris on 22d August—I stayed there three weeks, and left Paris for London about 12th or 14th September, via Dieppe—Madame Valentin was a traveller by the same carriage, also another lady and the prisoner—we had some conversation between Paris and Rouen, and arrived in London on Tuesday about 11 or 12 o'clock—I recommended them to an hotel in Dean-street, but did not take them there;
I sent them there—we ordered a bottle of wine together—I am sure Madame Valentin is the lady, and there was another lady, who I took for servant.
Cross-examined by MR. SLEIGH. Q. Have you not been in Court during part of this trial this morning, and did not you go away an hour ago and come back? A. I was in a few minutes, but they said, "You must not stop here," and I went out—that was half an hour or forty minutes ago—I was not in Court for nearly an hour—I was here at ten minutes to 3—I was called in and afterwards sent out again—I never saw any of these people after September, when I accompanied them to London—the prisoner found me out—he had ray address in his pocket-book—I gave it to him when I met him in Oxford-street about a month afterwards—I never called on him nor ho on me, but his solicitor did a fortnight ago—he did not come to me in May and ask me to go to the police-court.
MR. KIBTON. Q. Is this the address you gave him when you met him in Oxford street? A. Yes, that is my writing—I have got my rent-book in my pocket by which I can fix the date—when I came back from France I had to pay four weeks' rent at once, and I paid it on 12th September—it was not after 12th September—it was two or three days after I travelled with them that I paid my rent, but I entered it on the 12th in my rent-book—I did not see Madam Valentin again till yesterday.
MR. SLEIGH. Q. Do you know the hotel-keeper at Dean-street? A. No, nor his wife.
ETIENNE ALEXANDER DBMONILLE . Q. I know the last witness—I remember his returning from Paris in September—I saw him at my house—two foreigners were with him, who he was kind enough to conduct to me to get a person to interpret for them—I wont with them to the Hotel de Ville de Franco and saw the prisoner there and Madame Valentin, and I believe her sister—I am not able to fix the date in September.
Cross-examined by MR. SLEIGH. Q. Do you know Mr. Eataenstein by sight, who keeps the hotel in Dean-street? A. I dare say I could recognize him.
EMILE RETTICHE . I am chief clerk at the foreign department of the General Exchange Bank—I recognise the prisoner—he called on me last autumn—I think it must have been the end of August or the beginning of September, and offered me some shares to sell for him—he had a parcel, but I did not see the papers themselves.
COURT to MADAME COULAN. What was the date of your coming to London? A. Two years ago on the 3d of next October—I only came that once—my husband went to Ross in February last year, and returned to London on 1st of last October.
GUILTY .—The Jury were unanimous in their opinion that Mr. Hall deserved a vote of censure.
Confined Eighteen Months.
NEW COURT.—Wednesday, August 16th 1865.
Before Mr. Common Serjeant.
761. HENRY CORNISH (19), FREDERICK HARVEY (23), GEORGE PORTER (25), and DOMINICK CARROLL (22) , Breaking and entering the Church of St. Jude's, Chelsea, and stealing therein a quantity of wine, table-linen, and other articles, the property of Robert King and another.
MR. COOPER conducted the Prosecution.
HENRY CHAMPION . I am a gentleman living on my means—about 1 on Thursday, 13th July, I went into St. Jude's church—I there saw Jane Taylor, the pew-opener—I passed into the vestry and found everything in confusion, the things all lying on the floor, the drawers out, and three cupboards broken open—we sent for a constable—I missed a linen cloth, seven spoons, three coats, an umbrella, and some other things—two money-boxes had been wrenched from the body of the church, and the money was gone; a small bag and a fan had also been taken from one of the pews—I last saw the church safe on Monday at a quarter-past 1 in the day—I noticed the vestry door which opens into the school-yard on the Thursday—there were at least six marks where it had been forced open by a jemmy or chisel—there is an iron gate which leads from Turk's-row into this school-yard—it would be easy for any one to get over that gate, and they could then get into the school-yard, and then to the vestry door—I found some tapers which had been taken from a cupboard, and some empty wine bottles—I have since seen the umbrella, which I can positively swear to, I broke the spring one day, and I know it—I have had it some time.
JOSEPH CASE (Policeman, B 143). On Saturday night, 15th July, I stopped Cornish in the Grosvenor-road, Pimlico—I told him I should take him into custody for breaking and entering St. Jude's Church, Chelsea—he said, "I know all about it, I'll tell you; Porter had the coats"—I handed him over to B 118, who took him to the station—about 1 in the morning, I went to 13 1/2, Queen's-road, and found Harvey in bed—I told him I wanted him for a robbery at St. Jude's Church—he said, "You have got the wrong man"—I conveyed him to the station—at 2 o'clock I went to the same lodging-house and took Porter, in bed in a different room—I told him I wanted him for having two coats in his possession, and likewise for breaking into St. Jude's Church—he said, "Who has rounded on me?"—I made him no answer, and took him to the station—I next went to 5, or 6, Turk's-road, Chelsea—I found Carroll in bed there—I told him I wanted him for stealing some wine—he said, "I know who has told you; it is the old b——on the beat, "meaning the policeman; "I gave him some of the wine."
Harvey. Q. Why did not you take me before Thursday? A. Because I had not sufficient evidence.
Cornish. Q. When did you get the evidence against me? A. On the Sunday morning, about half an hour before I took you.
WILLIAM BROKER (Policeman, B 26). I was with Case when he took Cornish—he said, "I will tell you all about it; Porter had the two coats, and Harvey the umbrella"—he said he knew nothing about it himself—when Case took Harvey, he said he had got the wrong man—Porter asked who had rounded on him—Carroll said he had given the policeman some wine, and he had given him some gin—on the Sunday night before this I saw the four prisoners and another man together—I first saw them about 10, at the comer of White Lion-street, Chelsea, about two hundred yards from the church—I next saw them about half-past 12—the stranger was a little in the rear of the prisoners—I had known them before—I am positive the prisoners are the men—I saw them last at the corner of Turk's-row—B 118 was with me—I got this umbrella from the landlord of 13 1/2, Queen's—road, East.
STEPHEN HAY (Policeman, B 118). I was with Broker on this night, and saw the four prisoners together—I first saw them from 10 to half-past—I have heard what Broker has said, it is quite correct, we were together all the evening.
JOHN SKINNER (Policeman, B 265). Between 12 and 1 on Wednesday night, 12th July, I was on duty in Turk's-row—I saw the four prisoners at the corner of White Lion-street—between 3 and 4, I saw Carroll with a woman, he was sitting down, with a wine bottle in his hand, the top of it had been knocked off—he asked me to drink, and I refused—I took the bottle in my hand and smelt it, it smelt like wine—I returned the bottle and told him to go away.
JAMES JENNER . I keep a lodging-house at 13 1/2, Queen's-road, East—Cornish, Harvey, and Porter were lodgers of mine on 10th and 11th July, and before that—Cornish left on the Wednesday morning—Harvey and Porter were taken from my house on Saturday night, the 15th—on the Friday night I went to put the gas on, and I saw Cornish's bed was not made as it should be—he slept in room No. 6—I examined the bed, and found this umbrella between the mattress and palliasse—I afterwards gave it up to Broker—about a fortnight before this, a small chisel was brought to me, and a day or two after Cornish said that the chisel was Porter's, and asked me to give it to him, which I did—no one had slept in the bed in which I found the umbrella since Cornish left.
CHARLES ARTHUR GOOCH . I was lodging at this house on 12th July—I slept on the same floor as No. 6—on Thursday morning, 13th, about 7 o'clock, I heard a noise up stairs—heard Porter's voice—I think he was on the landing—I saw Cornish and spoke to him, and while doing so Porter came out of Cornish's room—I thought he was going to strike Cornish—he put himself in a fighting position—my impression is that he had two coats on at that time.
Harvey. Q. Were you dressed or not? A. I was getting up when I heard the noise, and was partially dressed—I believe Cornish was dressed—I did not go out with a bundle and umbrella—I went out with Cornish, we left to prevent an outbreak occurring in the house—I thought Porter would have a raw—you followed us down White Lion-street, and you struck Cornish—I did not strike you or threaten you.
Porter. Q. Did you not bring four constables to the lodging-house, three weeks before and give me in custody for being 'a rogue.' A. No, nor did I try to do so.
COURT (to WILLIAM BROKER). Q. Did Gooch give Porter into your custody? A. He called me about a fortnight before and said he wanted to give Porter into custody for assaulting him, and for being a rogue and a thief and trying to make Cornish one—I told Gooch he was drunk, and refused to interfere.
GEORGE WATERS . I assist Mr. Jenner at his lodging-house—Cornish, Porter, and Harvey had been lodging there—their beds were not slept in on Wednesday night, the 13th—on Thursday morning I went to make their beds—about half-past 5 on that morning I heard a disturbance on the landing—I heard Porter's voice, and asked him what time it was—he said "About a quarter past five"—I was in bed then—when I was making Porter's bed afterwards, I found two large wine bottles, full of something; tied up in a handkerchief, between the mattrass and the palliasse—I did not untie the handkerchief—I put them back—when Porter came up, I said to him, "Porter, I've sprung your plant"—he merely said, "Aye,"—as
soon as ho went down again I found the bottles were gone; no need but him had been into the room—Harvey slept on the top floor—they slept in separate rooms.
Cornish. Q. Is there any lock on the door of the room? A. No.
Porter. Q. Did you see me bring any wine into the house? A. No—I did not see you put it in the bed—you laid on the bed with your clothes on between 7 and 8 o'clock.
Harvey landed in a paper, in which he stated that he was at Walsworth on the night of the robbery and knew nothing about it. Carroll stated that the Policeman gave him the wine, and that he was innocent of the robbery; and Porter stated that he knew nothing at all about the robbery.
GUILTY.—CARROLL also PLEADED GUILTY** to a former conviction of felony in November, 1862, in the name of John Brown, Sentence Three Years,— Seven Years' Penal Servitude. CORNISH, HARVEY, and PORTER, Confined Twelve Months each.
MR. F. H. LEWIS conducted the Prosecution, and MR. HARRIS the Defence.
SAMUEL NORTH . I reside at 8, Brewer-street, Clerkenwell, and am errand boy to Mr. Redmond, gold-case maker, of Clerkenwell—about two weeks before Christmas I was taking a bag with a quantity of gold in it to the flatting mills—I was coming back with another boy named McMillan, I had the bag in my hand by a string—when we got to Market-street the prisoner came up and said, "What have you got here"—before I could answer him he cut the string of my bag—it was about 6 in the evening—he was with another man—they ran away together—I and McMillan ran after them, but did not catch them—about the middle of last June I was taken to the old-street Police-station—I was there shown ten men, and I picked the prisoner out from them—I am quite sure he is the man who robbed me.
Cross-examined. Q. Was it dark? A. Yes—there was a lamp a light in the street—it was just against the lamp—my companion was on my left—I had the bag in my right hand, the lamp was behind me when this happened—the men came up behind me—the man took the bag quickly, and ran away—that was not the first I saw of him—they stood at the corner of Market-street as we came up—I saw them then—that was some distance from where the bag was taken—I passed close by them—I had never seen them before to my knowledge, and I never saw either of them again until June—I waited in a room by myself at the station for about half an hour, and then went into another room—whilst waiting, I did not see the man whom I afterwards identified come past me, no one came into the room but a—policeman.
MR. LEWIS. Q., You say you saw him before he came up to you? A. Yes—I am quite certain he is one of the men.
WILLIAM MCMILLAN . I was with North—he had a bag in his hand—we were going down Market-place, and saw two men at the corner—when we got to the lamp, one of the men came behind us and asked North what he had in his bag—he cut the bag—I turned round and saw the prisoner with the bag in his hand—he ran up Brunswick-street, where there is no thorough-fare—we ran to get some assistance to stop them, and as we came back we saw them run from Brunswick-street into St. John-street—we ran after them, but did not catch them—in the middle of last June I was taken to the Old-street
police-station—I picked the prisoner out from eleven men as the man who ran away with the bag—I am quite certain that he is the man.
Cross-examined. Q. Did not the prisoner come through the room in which you were waiting? A. No—some of the other men were something like the prisoner.
AMBROSE SUTTON (Policeman, A 422). On 30th January I was with Sergeant Evans—I saw the prisoner at the corner of Wimpole-street, Spitalfields—I caught hold of him and said, "Fred, I want you," he turned round and began struggling—Evans came up and caught hold of him by his right hand—he commenced more struggling, and we got into a public-house, where he drew a knife from his right-hand pocket, and stabbed me on the top of the eye, he also stabbed me on the left-hand side of the ear—he then stabbed at Evans, cut him across the finger and managed to get away from us—from information I received I went on 20th June to Birmingham, and found the prisoner in custody—I said, "Fred, I shall take you to London for garotting a boy, and also for stabbing me and Sergeant Evans," he said, "All right, Sutton, that's twenty years for me."
Cross-examined. Q. Was not the person that you say stabbed you, eating some bread and cheese? A. I did not see any—he was not eating anything—I say he took the knife from his pocket, not from his sleeve—I said "pocket" before the Magistrate—I have the scar now where he stabbed me.
Cross-examined. Q. Were you there at first? A. No; I was perhaps half a minute behind Sutton—I am sure the prisoner was not eating anything then, for I followed him up the street twenty yards.
BENJAMIN BRYANT (Police-inspector). I was sent for to the Old-street station, when the two boys identified the prisoner—after North had gone into the inspector's room, the prisoner asked me, "Who's boy was that"—I told him that was Mr. Redmond's boy that he had stolen the twenty ounces of gold from in December last—he said, "Oh, I remember having the stuff, but I don't know the boy; I have done something by stabbing the policeman, I expect to get twenty years: I have no doubt you will get it up well for me."
Cross-examined. Q. Where was the boy? A. In the inspector's room—the prisoner was in the charge-room—there is a door between the rooms—the boy did not hear our conversation—it was immediately after the boy had pointed him out that he said this—the door might have been open before that—if the door was open the boy could not see the prisoner—I undertake to say that they could not see each other.
MR. LEWIS. Q. Was this conversation with the prisoner after the boy had identified him? A. Yes, and after the door was shut.
GUILTY . He then PLEADED GUILTY to a former conviction in May, 1862, Sentence Three Years.— Fourteen Years' Penal Servitude,
763. JOHN MOORE (45), ALFRED BISHOP (21), and HENRY HEALEY (19) , Burglariously breaking and entering the dwelling-house of Henry Stephens, and stealing therein 2 silk dresses and other articles, his property.
MR. COOPER conducted the Prosecution, and MR. MONTAGUE WILLIAMS the Defence.
HENRY STEPHENS . I live at 43, Bedfordbury, and am an eating-house keeper—the prisoner Moore was my porter, at 6s. a week, working for me about two hours a day—he had worked for me about 12 months—he had
cleaned the windows that were entered—on Sunday, 9th July, I and my wife went out about 8 in the morning—I locked up the rooms which I occupied, which were the lower ones—I left no one there—I fastened the window that was entered, by a catch, and likewise put a bradawl in the two sashes—I returned about half-past 10 the same day, and found a pane of glass broken in the window I spoke of—it was open and the bradawl had been taken out—the rooms were in confusion, and I missed, out of a box, two silk dresses, a velvet mantle, a silk mantle, two cloth coats, a violin, a concartina, and other things, worth altogether about 15l.—I have seen Bishop and Healey about my neighbourhood with Moore, ever since I have been there; that is three years—Healey sometimes dined at my house—he came in by himself, and dined with the other customers—Moore was never there then.
Cross-examined. Q. When was Moore taken? A. On the Wednesday after the Sunday that the place was broken into—Healey and Bishop were taken on 4th August—Mr. John Leat is my attorney—I first saw him down stairs—never saw him before—I went to him of my own accord—I was told he was an attorney—I don't know who told me—that is him standing there—the policeman went into the indictment office and preferred the indictment—I paid 2 guineas to Mr. Leat in this case—I am willing to pay the costs of the prosecution—I never expect to see my 2 guineas again.
MR. COOPER. Q. You thought an attorney a proper person to conduct your case? A. Yes.
ANN REARDON . I live at 43, Bedfordbury, with my father and mother—about half-past 10 on Sunday, the 9th, I was in Shelton-court, close to Mr. Stephens'—whilst there I saw Healey with a black bundle, and then saw Bishop with a box and a fiddle—I could see the top of the fiddle, the music part—I saw Moore there—he had a white bundle on his head—I had known these men for four years about the buildings—I am quite sure these are the men—I heard Moore say to Bishop, "Be quick, make haste"—Healey was going down the alley first, Bishop second, Moore last—I did not see where they came from—I only saw them coming up the arch—Stephens' eating house is beyond the arch.
Cross-examined. Q. When you gave evidence before the Magistrate, was Moore the only person in custody? A. That is all—I said then that I saw a short young fellow carrying on his head a bundle tied up—I said Healey was carrying a bundle when Jack Moore was taken—I never mentioned anything about the bundle being tied up in a shawl—(The witness's deposition being read, stated, "I saw a short young fellow carrying a bundle tied up in a shawl")—I never said that—this was about half-past 10 at night—the three men were on the dark side of the road—Mr. Stephens asked me to come and give evidence—a policeman came and gave me a paper to come here—I did not say before the Magistrate that there was another girl with me—I was the only witness—Margaret Hemmings was with me—she went up when Moore was remanded and was examined—we were having a game at hoop when I saw the men—I have known Healey since I was a baby—I am getting on for 13.
MR. COOPER. Q. You said before the Magistrate you saw a short young fellow carrying a bundle, who was that? A. Healey.
MARGARET HEMMINGS . I live at 8, Brown's-buildings, Clare-market—I know the last witness—I was with her in Shelton-court on this Sunday, and saw Healey with a black bundle on his head, going through the court; and I saw Bishop with a fiddle and a box; and I saw Jack Moore with a
white bundle on his head—they went through the court into Chandos-street—they were walking quick—I did not see them come out of any place—they came under the arch—I had known them about four years—I am quite sure they are the men I saw—I saw the fiddle plain—I am sure it was a fiddle.
Cross-examined. Q. Who was going down the alley first? A. Healey; Bishop was going after him.
WILLIAM ACKRILL (Police-Sergeant, F 15). On Monday morning, 10th July, I went to 43, Bedfordbury—I found the window broken near the catch, and a box in the room had been broken open—outside the window there is a wall on the right, dividing Shelton-court—any person getting on to that wall could reach the window—I saw marks leading from the window over the wall, into Shelton-court—there is an arch close to this wall, which leads up the court into Chandos-street.
WILLIAM GORDON (Policeman, C 33). On the night of 1st August, I apprehended Bishop and Healey together in a public-house in Princes-street, Leicester square—I told them I should take them into custody for a robbery on the F division—Bishop said "You are b——well mistaken this time"—after we got a few yards from the public-house Healey said, "You think you will b——well do it for me this time, but you can't"—at the station, whilst searching them, Bishop said to Healey, "Was it Moore cracked?"
Cross-examined. Q. Have you ever stated that before? A. yes, I have, but I don't believe it is in the deposition—I don't believe it was put down—from the violence of the prisoners in the dock the clerk could do nothing—I did not take this Bill before the Grand Jury.
Cross-examined. Q. Did you take this Bill before the Grand Jury? A. Yes; I believe there was not an attorney employed then.
COURT to ANN REARDON. Q. At the time you gave your evidence first, against Moore only, did you know the name of the short young man you saw? A. Yes, I forgot it then, because they called him "Punch Healey," and "Harry Healey," and I did not know which to call him—I said it was Healey the next time, when my mother told me his right name.
GUILTY .—BISHOP and HEALEY also PLEADED GUILTY to having been before convicted, Bishop in November, 1864, and Healey in June, 1863.— Confined Eighteen Months each.
OLD COURT.—Thursday, August 17th, 1865.
Before-Mr. Justice Byles.
764. WILLIAM BITTLESTONE (56) , Feloniously attempting to discharge a loaded pistol at Susan Benson, with intent to do her some grievous bodily harm. Upon the evidence of Mr. John Rowland Gibson, surgeon, of Newgate, it appearing that the prisoner was insane, the Jury found him not of sound mind and understanding. To be kept in custody till Her Majesty's pleasure be known.
MESSRS. SLEIGH and LEWIS offered no evidence.
NOT GUILTY .
MR. WILLIAMS conducted the Prosecution, and the evidence teas interpreted to the prisoner.
COUNT ALBERT MAFFEI . I live at 49, Grosvenor-street, and am secretary to the Italian Legation—I know the prisoner by sight, he has often come to me at the Italian embassy—I received this letter marked "A" in May—the usher of the Leglation, Angelo Pozzie, I think, put it into my hands—I have read it and have seen a translation of it before the Magistrate which was correct—the prisoner also came to ask me to recommend him to the Society and I sent him several times.
Prisoner. Q. On what day did you receive that letter? A. I do not recollect, but very likely on the day it is dated, 4th May—it does not contain your address but I think you gave me the address one day—I see another letter here with your address, dated 3d June, from 32, Marshall-street, Golden-square—you were in the habit of writing every day—I recollect a woman coming from you with a letter and I sent her to the Society—I do not recollect the date—I think I answered it verbally and gave her some money, but I do not recollect as I gave you money several times—I sent the letter which I received on 24th May to the Society as it threatened to kill their members—I sent a letter to the Society—I had no power to send you to the Society, I merely sent your application there, leaving them to do what was best—I know that they have given you assistance—I wrote to them through your asking me.
JOHN LUCIANO . I am secretary to the Italian Benevolent Society—I know the prisoner and have seen him write—this letter marked "A" is in his writing. (The letter being translated by the. interpreter was dated London, 24th May, to Count Maffei, stating that the Italian Society did not care for his letters, and calling them "monecchi" or mountaineers; that as an Italian he was entitled to help from the Society, his daughter having died for want of the necessaries of life, it concluded thus: "My blood and the blood of my daughter who is so inhumanly dead, blood for blood. If this letter shall not have the desired effect I will go myself to the Society and vindicate the blood of my daughter. I have sworn to do myself justice; blood for blood. To die on the scaffold is bad, and to die for want of the common necessaries of life, to die of hunger is worse, of the two deaths I have chosen the mildest, hoping that the Italian Legation will do me justice—I am with all respect to yourself. Georgio Bello.)
Prisoner. Q. Have you seen me write? A. Yes, on 27th May, at your house at 32, Marshall-street—I took you 10s. from the Society—I had been to your house before from the Society to see if I thought you were really in want—I thought you were and they gave me 10s. for you—the letter of 24th May says that you had a child dead—I cannot say whether your wife and children were under the care of a doctor, but I saw you coming home with some medicine. (The prisoner handed in a medical certificate stating that his daughter died of convulsions and that his wife and children were ill and in want of the necessaries of life, Signed John M'Owen, Regent-street, 30th May)—you were dissatisfied with the 10s. and I think I told you you had better go on Friday when the Society met and see if they would do something for you—I saw you at the Society next Friday morning and spoke to you—I
told you it was too soon, and to come again after twelve—I said that you called for 4l. or 5l. and the Directors, perhaps, might give you 1l.—you came back in the afternoon and I opened the door to you—I do not think one of the members inside spoke to you—some one said, "We will have nothing to do with you, Bello, go away," and perhaps twenty minutes after that you gave me a note—I do not know whether it was this one or not—I then told you to wait outside and I would try to do my best for you—I had the report of your application in my hands—I did not say after you were in prison that it was not for the writing that I brought it before the Society but for something else years ago.
Prisoner. Here are three alterations in this letter.
Prisoner's Defence. I took that letter to Count Maffei myself I asked him to send him to the Italian ambassador and asked him to do me justice; my wife and children were in bed many weeks and one of my children died. I applied to the Italian Society for assistance but they sent me away. I used the word "monechi," which is only the same as calling a London man a cockney, I meant to say that the blood of my child was the blood of my blood and the flesh of my flesh, I had no bad intention, and I wrote it very quick, it is in Italian and it sounds different in English, it is, in fact, only an application for assistance I said that I would rather die hanging than starving, but I had no intention to do anything. I addressed it to the president himself, not to any member.
GUILTY of demanding money with menaces.
Five Years' Penal Servitude.
MR. TAYLOR conducted the Prosecution.
GUILTY .— Five Years' Penal Servitude.
(There was another indictment against the prisoner for a like offence.)
NEW COURT.—Thursday, August 17th, 1865.
Before Mr. Recorder.
MR. TURNER conducted the Prosecution.
GEORGE WHATTON . I live at 7, Denmark-street,-St. George's-in-the-East—on Sunday, 23d July, between eleven and twelve I was going home along Cannon-street, the prisoner came up to me from a doorway, knocked me down, and kicked me on the thigh, there was another man with him—I got up and ran away and they came up to me again and tripped me tip a second time and kicked me when I was down—I got up again and found I had lost my purse and 17s. 6d.—I pursued the prisoner about twenty yards and a constable caught him, my purse was safe in my waistcoat pocket, about five minutes before—I was sober.
Prisoner. Q. Was I the worse for liquor? A. Not that I know of—I
don't say you robbed me, I don't know who it was, you knocked me down and kicked me when I was down.
THOMAS FITZGERALD (Policeman, H 189). On Sunday, 23d July, I saw the prisoner running in Cannon-street, and the prosecutor following him—I pursued and overtook the prisoner, he took a back street—I held him till the prosecutor came up and he gave him into custody for knocking him down and robbing him of a purse and 17s. 6d., the prisoner said he knew nothing about it, that he only ran away because another man struck him—I have not found the purse or the money—the prisoner was sober.
Prisoner's Defence. As I was going down Cannon-street on this Sunday evening, a little the worse for liquor, I met that young man and knocked up against him, he came after me with another man and was going to strike me. I turned round, hit one of them and ran away, and the policeman took me, the prosecutor gave me in charge for insulting him, not for robbery, he said he had lost some money.
GEORGE WHATTON (re-examined). I cannot say whether it was the prisoner who struck me the second time, two came after me—about sixteen came round the policeman and me and tried to rescue the prisoner—when the policeman's rattle was sprung they all disappeared.
NOT GUILTY .
THIRD COURT.—Thursday, August 17th, 1865.
Before Mr. Common Serjeant.
MR. BROOKE conducted the Prosecution, and MR. DALEY the Defence.
CHARLOTTE WEBBLY . I am the wife of Joseph Webbly, a painter, of Drury-lane—on Thursday evening, 13th July, I was in the Fountain public-house, Clare-street, between five and six o'clock—some people were quarrelling—a woman was biting my sister and I tried to pull her away—the prisoner was sitting on a seat—she rose, took up a knife and said, "one woman to another," and stabbed me in the eye—I did not see the knife—I bled very much—she went out, I followed her and gave her into custody—when I caught her she pushed me and said she would serve me the same on the other side—when she saw the policeman she took a piece of cloth, and wiped the blood off my face, and then threw it away—I was taken to the hospital and had the wound dressed—I had not had any quarrel then nor on any previous occasion.
KATE TAYLOR . I live in Feather's-court, Drury-lane—I was at the Fountain public-house—the prosecutrix was taking her sister's part—I saw the prisoner hit her on the cheek with a knife and then throw the knife under a board—I picked it up and gave it to the police—this is it (produced).
Cross-examined. Q. Does the prisoner keep a greengrocer's stall? A. Yes—there were four women present, two of them were fighting, and Charlotte Webbly tried to separate them—the prisoner did not try to stop the fight.
MR. DALEY. Q. Did the prisoner come in to have half a pint of beer? A. I believe so—she was sitting down, and I stood at the bar—she keeps a greengrocer's stall—it is usual for those people to carry knives to cut the vegetables with—I did not receive 6s. to compromise the affair—I never had any money from her—I did not
want to prosecute, and kept away from the police-court until I was fetched by a policeman.
WILLIAM WATERS (Policeman, F 143). I was on duty in Clare-street on the evening of 13th July—I found the prosecutrix in Denzel-street smothered with blood—the prisoner was close by her, and was detained by some one—the prosecutrix said the prisoner had stabbed her—I took her in custody, and sent the prosecutrix to the hospital—I received the knife (produced) from Kate Taylor.
THOMAS BOND . I am house-surgeon at King's College Hospital—the prosecutrix was brought there on 13th July, about 6 o'clock in the evening, with a jagged wound about an inch long over the right eyelid; it had penetrated the skin, and also the muscle underneath, which lifts the eyelid—there was also a superficial wound on the right cheek—this knife would cause such a wound.
GUILTY of unlawfully wounding .— Confined Two Months .
MR. METCALFE conducted the Prosecution, and MESSRS. SLEIGH, RIBTON, and STARLING the Defence.
GEORGE BAKER . I am a certificated master, and was formerly part owner of a vessel—I shipped as an able seaman on board the Starnaway at Sydney, to work my way to England—about 18th February we started from Sydney—Tomlins was captain, and Reed was first mate—about 12th May, when in the tropics, I was sent to set up a stay—I was out on the flying jib-boom end, and the mate was on the gallant forecastle—I had finished my work, and the mate asked me what I had dropped the blocks overboard for—the blocks were upon the lines that I set up the stay with—I told him I was going to get them in—he said, "You are no sailor, and nothing but a soldier, you men with certificates think you can do as you like; but I will let you know different"—I said, "I am as good a man as you are, and I suppose my certificate is as good as yours"—he then went aft to the captain—about 2 o'clock next morning when I was relieved at the wheel, the mate followed me off the poop; he called me by name, and asked what I meant by telling him I was a better man than he was—before I had time to reply, he struck me on the mouth—I took a belaying-pin to defend myself, but before I could use it he closed his arms round me, and pinioned me; he forced my head on the rail, and fixed my cheek with his teeth—his teeth did not penetrate—he said, "You son of a b——I will bite the nose off you"—he then knocked me down—while I was down he punched me, and jumped on me several times with the whole weight of his body on my stomach—while he was doing this the captain came up, and said, "That will do, Mr. Reed; drag him aft"—he dragged me a little way aft, and then threw me down, and jumped on me again, and said, "You d—d son of a b——, I will murder you before I get home"—the captain was present when he did this—I was then taken into the captain's cabin, and was put in irons by the mate, the captain being present—I was then put into the sail-locker, a small house on deck, about twelve feet long, eight feet wide, and six feet high, which was three-parts full of sails—there was just room to stand upright—the only ventilation was through a crevice at the top of the door—there were two small windows, but they were fastened up with wood inside—I was was kept there seven days and eighteen hours—I was let out for an hour in
the morning, and in the evening—I was still in irons—no charge whatever was made against me before this—I was ill for ten days after being let out—I was very much bruised all over—for three days I had nothing but water, and after that only bread and water—during the seven days I was confined we were in the tropics; we had crossed the line before I was let out—the heat was intense—I made this charge the day after I arrived in England.
Cross-examined by MR. RIBTON. Q. Who did you communicate with when you came home? A. Mr. Young—I never authorized anybody to go Captain Tomlins, I told a gentleman named Haycroft he might go if he felt disposed—he is a clerk in the firm of John Hall and Son, gunpowder manufacturers—I have only known him since I arrived in England—he went to compromise the affair if the captain would—he did not go to see what the captain would give me—I did not want him to give me anything, but I did not want the case dragged about—I did not say anything to Haycroft about a compromise, all I wanted the captain to give me was a good discharge, if he had given me that, I should not have gone on with the case—he would not do so, and I communicated with my attorney, Mr. Wontner—I have been at sea twelve years—the last vessel I was seaman in was the John and Mary—I left her in 1858. or 1859—I went two voyages in her to the Brazils—I left her when I went to pass my examination for master—I then was master of the ship Science—since 1859 I have had no employment on the sea until I came home in the Starnaway—I had been living with my friends—I paid my passage out to Sydney, intending to get employment, but failed—when this altercation took place, I remember Captain Tomlins saying that he should not be doing his duty if he did not put me in confinement, as I was a dangerous character—I am perfectly aware it is a custom when men are put in irons to feed them on bread and water—the day I was let out of the sail-room I got some medicine—I was taken into the cabin, and a statement was read to me from the log-book by the captain—(The mate's statement was read from the log-book that the prosecutor had struck him over the head with a belaying-pin; that he immediately closed with him, took the belaying-pin away, overpowered him, and that the captain ordered him to be put in irons)—I promised the captain not to strike any of the mates again if he would let me out of confinement, but I told him if a mate struck me, I thought I was justified in striking him in self-defence.
Cross-examined by MR. SLEIGH. Q. Is this what is called a belaying-pin (produced). A. Yes; I attempted to strike Reed with that—I might have struck him with it in the struggle, but I am not sure—when this disturbance took place, a man named Murphy was near us—I saw Murphy when I left the wheel, and I think I said it was a fine night, and directly after Reed came and assaulted me, and then Murphy called the men up.
MR. METCALFE. Q. Was any statement read over to you before you were put in irons? A. No; I had been confined a day, before anything was read over to me.
MARTIN AMBROSE MURPHY . I was steward on board the Starnaway—on the morning of 13th May, about 2 o'clock, I was standing aft, and spoke to Baker; a few minutes afterwards Reed came down, and said to Baker, "Baker, what did you mean by saying you are as good a man as I am"—Baker said, "What do you mean by telling me to go to h—?"—Reed said that Baker was the first man that had told him he was as good a man as he was, and that he should try it, or something to that effect—they then commenced fighting—I do not know who commenced it—I heard Reed say, "You have
got a belaying-pin," and I heard a belaying-pin fall on the deck—this is a belaying-pin—it is put into the side of a ship to hold the ropes—I went and called the men, and told them that the mate was abusing Baker, and kicking him—Baker was down, and Reed was punching him about the ribs with his fist, and kicking him violently—I went away, and the captain came out—he asked Reed what the row was about—Reed said that Baker had told him that he was as good a man as he was—the captain told Reed not to beat him any more but to bring him aft—Reed was taking him aft, and when close to the cabin Baker fell, and Reed kicked him violently—this lasted about a quarter of an hour—the captain was standing close by—Baker was then taken to the cabin, and afterwards confined in the sail-room, which was three-parts full of sails—it is about twelve feet long, six or seven feet wide, and six feet high—there are two small windows about six inches long and four wide, but they were nailed up—Baker was confined there seven days—he is a peaceful inoffensive man, and had never been at all riotons—after the fight Reed asked me if I saw it, and I said, "Yes"—he then asked if I saw Baker strike him first—I said, "No"—he said that he had something in his room that would carry five or six balls, and he wished he had used that—I saw Baker's face afterwards, and it was cut and bruised all over.
Cross-examined by MR. RIBTON. Q. When the captain came up, did he say, "Stop, and bring him aft?" A. Something to that effect; I do not recollect the words—they were then about twelve yards from the cabin—there were two or three seamen on deck—I had not known the captain before this voyage—he was only partly dressed when he came up—he had been aroused—I have been punished for having a raw, with the second officer—it was some time before this occurred: a week after we left Sydney, for attempting to strike him with a knife—I had no intention of sticking him.
Cross-examined by MR. SLEIGH. Q. Did you hear Reed complain of the pain he was suffering from the effects of the blows of the belaying pin? A. Yes.
MR. METCALFE. Q. Did you see any bruises or marks upon the chief mate? A. Yes, his knuckles were bruised and he complained of his head being sore—I saw no marks upon his head—when I was punished I did not attempt to use the knife—I and the second mate had a struggle on deck—on the following day I applied to the captain for some salve for my back, which was hurt, but he would not give me any—I was laid up for five or six weeks—after this disturbance with Baker I had some words with the captain about some lights not burning properly, and I was confined in the sail-room for ten or twelve hours—I and Baker were the only two confined in the sail-room during the voyage—only four of the crew that went out in the Starnaway returned in her.
GEORGE HAVENDEN . I was carpenter on board the Starnaway—on 12th May, I heard Reed and Baker having words at the fore part of the ship—I did not hear all that was said—about two o'clock next morning I was called up by Murphy—when I got on deck Reed had got Baker down, and was punching him—he had got his knee into his stomach—I touched Reed on the shoulder, and said, "Mr. Reed, let the man get up"—he said "Carpenter, leave me alone, he has struck me with a belaying pin"—Baker called out, and said, "He is biting me"—the captain came to the door, and said, "What is the matter? Drag him aft"—Reed dragged him a little way, and then shoved his knee into his stomach, and said, "You b——, I will scrag you"—Baker was under him—he then punched him violently in
the face—the captain was standing ten or fifteen feet off, but did not interfere at all—Baker was then ordered aft, taken into the cabin, had irons put upon him, and was then confined in the sail-room—he remained there seven days and nights, and was kept in irons all the time—there was only just standing room for the man, and there was a very bad smell in the place—I called the captain's attention to the windows being closed—he said he was well aware they were closed, and he meant to keep them so—at this time, we were close to the south-east trades, and the sun was intensely hot—he was confined there until after we had crossed the line, and he fell away almost to a skeleton—some pigs were kept close to this house, and a tarpaulin was put over them—one day the captain said to me, "Carpenter, take that tarpaulin away, the poor things will be suffocated"—I said, "You do not think anything about Baker being suffocated"—the pigs' house was preferable to that in which Baker was confined—as far as I know Baker was allowed nothing but bread and water—I saw no marks of violence about the mate's bead.
Cross-examined by MR. RIBTON. Q. Were you examined before the, Magistrate? A. No, I was not subpœnaed—since then I have seen Captain Tomlins, and spoken to him about a character that he had given me—I asked him what he meant by saying my conduct was indifferent—he gave me that character when I was paid off—I went to him about a week after I received that character—I cannot say whether it was before or after the examination before the Magistrate—Baker knew where to find me, and there is no truth in the statement that I could not be found—when I asked the captain about my character, he said he could not give me any other character than he had—Baker brought me the subpoena on 28th July—the captain complained frequently of my getting drunk while in Sydney, but it was false—I was never drunk from the time I left London—he used to get drunk himself very often.
Cross-examined by MR. STARLING. Q. When the mate complained to you about bruises on the head, did you look to see if there were any wounds? A. No; there might have been—I joined the ship in London, on 13th August, 1864, and we left the East India Dock on the 15th.
MR. METCALFE. Q. Were you ever punished? A. No; the captain was always making complaints before the Magistrates at Sydney—he was either being taken there or going there—I never saw Baker strike the mate—Baker was always a quiet inoffensive man.
WILLIAM WILLIAMS . I was a seaman on board the Starnaway—on the morning of 13th May, about two o'clock, I saw the mate coming down from the poop—Murphy called me—I went aft on the port side and saw the mate—he had Baker by the neck—I heard him say, "You son of a b——I will scrag you"—he struck him in the face several times—Baker called out, "Don't bite me"—he kicked him several times—then the captain came up and said, "Reed, what is the matter"—Reed said, "This b——told me he was a better man than I was yesterday morning"—the captain said, "Drag him aft"—Reed in taking him aft tripped him up, struck him several times, and said, "You son of a b——, God d—you"—Baker got up and was taken into the cabin—Reed said he would be the death of him before he got home—the captain was standing close by, and saw what was done—Baker was put into irons, and kept in the sail-room seven days and eight nights—the only air that was admitted was by the crevices in the door—there is a great stench coming from the hold—Baker complained very much. of bruises.
Cross-examined by MR. RIBTON. Q. Did the captain come up partly dressed, as if he had just got out of bed? A. Yes—I did not go down into the cabin with Baker.
Cross-examined by MR. STARLING. Q. Did you see any belaying pin? A. No, I did not.
OWEN HUGH . I was a seaman on board the Starnaway—I was called to this disturbance—the first thing I saw was the mate holding Baker by the throat and kicking him—he said, "You son of a b——;" I said "Fair play, and let the man get up"—he said, "Hugh, I want to have nothing to do with you, leave me alone"—he continued striking him after that—I got hold of the mate and Williams got Baker up, and the mate knocked him down again and kicked him—he said, "You son of a b——I will scrag you"—I should think this lasted an hour—the captain came out and asked what the matter was—he told the mate to drag Baker aft, and as he was walking aft the mate knocked him down and jumped on his breast—the captain was looking on, and did not interfere until after he had been jumped upon, and then he said, "That is enough"—they then took Baker into the cabin and put him in irons—he was then put into the sail-room—I saw Baker next morning, and he was bruised so much that I scarcely knew him—there was a great deal of blood about his face then—he was laid up for some time after he was let out of irons.
Cross-examined by MR. RIBTON. Q. Did you see the captain come up? A. Yes, he had nothing on but his shirt and trousers—it was close to the second mate's cabin that Baker was knocked down—it was rather dark when this occurred.
Cross-examined by MR. STARLING. Q. Is the Starnaways deck a flush deck, or a raised poop? A. A raised poop—I did not see anything of this disturbance until Murphy called me—I did not see who struck the first blow—I did not see a belaying pin.
MR. RIBTON. Q. What was the number of the crew of the Starnaway? A. Eighteen altogether—there were five or six on deck when this took place.
COURT to MARTIN AMBROSE MURPHY. Q. Is there any place on board the Starnaway called the prison? A. No, we used to call the sail-room the "new model."
The prisoners received good characters. TOMLINS
GUILTY of excessive punishment ; REED
GUILTY of a common assault.
(MR. RIBTON submitted that the verdict amounted to an acquittal, as it justified the captain in punishing Baker, and that the COURT had no power to pass sentence. The COURT reserved the point.)
TOMLINS fined 25l.; REED fined 10l .
MR. WILL conducted the Prosecution.
HENRY MILLER . I am a publican at Chesterfield in Derbyshire—on the night of 31st July, I was in town, and about 11 o'clock was returning home with my stepdaughter—we went into an eating-house in Ship-alley, St. George's in the East, to get some refreshment—the prisoner and another man Game in—he asked my daughter to go with him—she said, "I am going home with my father"—he kept enticing her, and I said, "This won't do, she is going home with me"—he said to the other man, "We will try our best to get her away"—the other man reached over the table and gave me three or four blows on the head—the prisoner had a knife in his hand—
I bled very much—a few minutes after the policeman came back, bringing the prisoner with him—I immediately identified him—I am sure it was a knife.
ALBINA VANDIDGER . I am the wife of Frederick Vandidger—I keep an eating-house, at 11 Ship-alley, St. George's in the East—the prosecutor came in on the night in question between 10 and 11—the prisoner came in afterwards, and began speaking to Mr. Miller's daughter—the prisoner made use of very bad expressions—another man was with him—Miller and prisoner quarrelled, and there was a scuffle—I did not see a knife—the prisoner hit the prosecutor, and he bled very much—the other man got away.
JOHN BARRETT . (Policeman, H 158). I was on duty in Ship-alley near this eating-house, on 31st July—I heard cries of "stop thief" coming from last witness's house—I saw a man come out and run away—I pursued him and caught him in Palleton-street—some people said he had stabbed a man—I took him back to the eating-house and searched him, but could not find a knife—at the station-house he gave me this knife (produced).
JOHN CUNLEY . I am a surgeon—I examined prosecutor's head—there were three incised wounds on the top of the forehead—one was an inch and a quarter in length, and the other two were slight, just penetrating the skin—they were not dangerous—this knife would produce such wounds.
Prisoner's Defence. I never used a knife.
GUILTY of unlawfully wounding .— Confined Nine Months .
The following Prisoners PLEADED GUILTY:—
OLD COURT.—Friday, August 18th, 1865.
Before Mr. Justice Byles
The MESSRS. SLEIGH conducted the Prosecution, and MR. RIGBY the Defence.
JANE NICHOLLS . I am the widow of the deceased Thomas Nicholls—he was a waiter, living at Slades-place, Clerkenwell-green—he was alive and well on 5th July, and next time I saw him he was brought in wounded from the hospital—his age was 53, he had no family.
JOHN BRUCE . I live at 32, Bath-street, Clerkenwell, and am a painter and grainer—on Wednesday, 5th July, about half-past 10 in the evening, I was with the deceased, coming from Islington, along Goswell-road, towards the General Post-office—there were ten of us, we had been to a temperance meeting—we had to cross Spencer-street from the right to the left-hand pavement, close to a public-house, which I do not know the name of—there was a light there, but no other gas-light except from a beer-shop round the corner—the deceased attempted to cross first, and I was about two feet behind him—when he got about two feet from the other side of the pavement he made a half turn, seeing, I suppose, a cab, which was about thirty feet from us—I turned to look what was the matter, the cab shot past, and the deceased had got his hands on the flank or neck of the horse—I made a
snatch to pull him away, but he made a kind of half turn to the right—the horse's leg threw him, and the off wheel of the cab went over him—the cab came from Charles-street, crossing the Goswell-road, and at the rate of about ten or twelve miles an hour, as near as I am a judge of a horses' speed, and I have frequently ridden about with my brother in his chaise—it was more of a gallop than a trot—the horse and cab ran away when they had gone over the deceased—I did not see the cab stopped, I was too much engaged—I heard no one call out—I took my friend to a doctor—I saw no vehicle standing still.
Cross-examined. Q. Do you know the neighbourhood well? A. Yes; it is a very busy part in the day time, and even at that time of night there were a good many vehicles passing and re-passing—we were not all wishing each other good night—we were about to cross to the opposite side of the road—I saw no van or wagon outside the public-house, but should not like to say that there was not—the deceased always had a stick, but I do not know whether he was lame, he had at times a little touch of rheumatics—I did not see the cab a second before the accident occurred, or a minute perhaps—I was not very angry after this—I said nothing to the cabman.
JOHN SCOBELL . I am a warehouseman, of 3, Douglas-place, Clerkenwell—on the night of 5th July, I was standing at the right-hand corner of Spencer-street and Goswell-road, going towards the Post-office—I was with the party and was going to accompany them home—I crossed the road just behind the last witness—I saw a cab coming up Charles-street, driven some—what rapidly, and saw the deceased come in contact with the horse, he held up his hand to save himself from losing his balance, and the cab——wheel caught him on the left ancle and threw him down—the cab was going at the rate of ten or twelve miles an hour as far as I am able to judge—I should think it was a very fast trot, the horse appeared a very fast one, and very restive—I am not accustomed to horses, but I have been behind them frequently—I did not see the cab after the deceased was knocked down.
Cross-examined. Q. You say the cab was coming somewhat rapidly, was it more rapidly than they usually drive? A. A great deal more rapidly—it was a very fast trot—I saw the cab a minute or a minute and a half before the accident—it was coming up Charles-street towards Spencer-street—I saw it before it got to the corner of Charles-street—I did not see the man slacken his pace to allow a woman to cross the road—he came right across at that fast trot, his pace did not seem to slacken at all—there was no one outside the public-house, I am sure of that—the deceased was about ten paces from the Spencer-street crossing, when he was knocked down.
COURT. Q. From the Islington side? A. Yes, from the right side to the left—we kept in a line all the while we were in Goswell-street, but when we got to Spencer-street we went on a slant—we went up Spencer-street a little way to cross—the road is about thirty feet wide there if you measure the pavement (pointing out the street on a plan).—I was in the road at the time of the accident, behind the last witness—I did not hear the cabman shout out—the deceased had been at the temperance meeting with us, he had belonged to the society fourteen years.
FREDERICK LOCKWOOD . I live at 5, Albany Buildings, Aldersgate-street I was coming from the Angel, Islington, to the City on the right side of the pavement, and as I was passing the public-house I saw the cab coming from Charles-street at a very fast rate—I thought I would let it go past, and stopped to see it go by (I was not with the party)—I heard a scream, and saw the deceased under the cab, which then galloped away, but a policeman
brought it back—the driver struck the horse previous to going over the pavement, and broke it from a trot to a gallop—I did not hear the driver call out—I saw no one near the spot.
Cross-examined. Q. Did you see the cab stopped? A. No—there were two gentlemen in it—by the pavement, I mean the settings of stones.
GEORGE SKINNER . I am seventeen years old, and live at 20, Owen-court, Goswell-road—I was standing by the side-door of the public-house in Spencer-street, wishing my friends good-night—I heard some boys hallo out, "Heigh!" and saw a cab coming across Goswell-street, into Spencer-street—the cab——man struck his horse, and knocked Mr. Nicholls down—it then went down Spencer-street—I did not see it stopped—I saw no van in the road, or anything of the kind—I did not hear the cabman call out.
Cross-examined. Q. Will you undertake to swear he did not? A. No—I saw the cab about a minute before—I did not see it before it got to the corner of Charles-street—he was going at about ten miles an hour—I did not see him slacken his pace at the corner of Charles-street to let a woman pass, I was not looking in that direction—I am sure there was no van outside the public-house.
CHARLES JAMES BARTON . I am a bootmaker, of Park-street, Hoxton—I was with the deceased, and was attracted by the cab coming at the rate of nine or ten miles an hour from Charles-street, to enter into Spencer-street—the deceased seeing it approach him, made a turn and faced the cab, and a motion to the cabman to stop—he came in contact with the wheel, which knocked him down and went over him—the driver did not call out to my knowledge—he drove off, and afterwards came back with the two people who were in the cab, and they all three went into the public-house—I saw no van.
EMILY BRUCE . I am the wife of the former witness—I was with him and saw the cab entering Charles-street from Goswell-street, at a very great rate—I turned my head to look for my friend, and Mr. Nicholls was in the road—the driver did not call out, but raced on—there was no van there.
Cross-examined. Q. Do you mean to swear that there was no van there, or that you did not see one? A. There was none—I saw the cab before it got out of Charles-street, before it got to the corner—I was looking that way, because it was going at such a rate—I did not see the prisoner use his whip.
ELIZABETH YELLOWNECK . I am the wife of Louis Yellowneck, of 7, Crown-court, Bow-street—I was on the same side as the Northampton Arms, and saw the deceased in front of me endeavouring to cross the road—he was knocked down by a cab, which I had noticed a little distance down Charles-street, coming very fast—as he got to the crossing at Gos well-road, the driver whipped his horse and the cab proceeded faster—I saw no van or truck standing there—I called out to the driver to stop, but be went on faster.
Cross-examined. Q. Did you call out after the accident? A. Yes.
JOSEPH WAKEFIELD (Policeman, G 37). I was on duty in Spencer-street—I saw a cab coming very fast, and heard a scream as I was going along Spencer-street towards Charles-street and the Goswell-road—I saw a lot of people running together, and heard some one halloing "Stop!"—I followed the cab in advance, met it in the middle of the road, and caught hold of the reins—it was going fully at the rate of ten miles an hour—I took the cab and horse and man back to the crowd—I asked the man to get down and give me the number of his badge—he did so, and also the proprietor's ticket—I told him he ought to be more cautious in the way he drove about
the streets, as he knew I had had him in custody a few weeks before for furious driving—he said that that was nothing—he was perfectly sober—I stopped the cab; it was going at full ten miles an hour.
Cross-examined. Q. Did you run after the cab and stop it? A. No, I met it—I will undertake to say that I stopped it—the man did not pull up of himself and give me his ticket—I saw that he was the same man who had had an accident before.
COURT. Q. Just show us how you stopped the cab? A. I put my arms up like this, and then caught hold of the reins.
WILLIAM SOULTAN ECCLES , I am house-surgeon at St. Bartholomew's Hospital—the deceased was brought there on the night of 5th July with a severe compound fracture of the left leg—he died on 16th July from lockjaw, produced by the injury.
COURT to JOSEPH WAKEFIELD. Q. What sized horse was it? A. About thirteen or fourteen hands high, a middling sized horse—I saw no van standing near the public-house.
Witnesses for the Defence.
JAMES BLYTHE . I am a licensed victualler, of Pitfield-street, Hoxton—on the night of this accident I was riding in the prisoner's cab with a friend, Mr. Tannare—when we reached the corner of Charles-street some lady seemed to be crossing the road—I called out, the cabman slackened his pace, and the lady passed on—he proceeded to cross the road—some people seemed to be coming out of the public-house at the corner of Spencer-street from the last door—there was a cart or a van standing at the corner of the public-house in Spencer-street—I saw the deceased and one or two others come from the pavement as if they were talking—I found they came from the public-house—the rest of them stopped, but the deceased, I fancy, did not see the cab coming, or did not hear that I or my friend both called out—he seemed to be coming heedlessly, and the shaft struck him—he dropped down, and the wheel passed over his foot—I could not hear whether the cabman called out—it was a Hansom's cab——the deceased came into the road with his friends from somewhere near where the cart or van was standing—I should say that as we crossed Charles-street the cab was driving at about five miles an hour, certainly not exceeding six; but it is difficult to say the pace of a. horse when you are riding—he was not driving furiously—I do not think the driver could have prevented the accident—I think if the unfortunate man had not happened to have been talking to his friends he would have stopped, and the accident would have been avoided—immediately after the accident I put my hand through the little hole at the top of the cab and it immediately pulled up on the off side of the road—the policeman came up just as the cab had stopped, and I and my friend were getting out.
Cross-examined by MR. SLEIGH. Q. How far had you been driving in this cab? A. From Hoxton, three quarters of a mile to a mile—he was not driving at more than six miles an hour when the accident happened—I should say that he came at a greater pace than that from Hoxton to the Goswell-road—I had been in the cab about ten minutes—I should say that he was not driving faster than cabs usually go—from memory and from having seen the place since, I should say that he pulled up about the distance of four private houses from the public-house—I had a full opportunity of seeing before me—he pulled up without being called upon to do so; the policeman was not near enough to cause him to do so by holding up his hands—the policeman took hold of the reins, but it was just as the horse had
stopped—he had pulled up on the off-side, not before I saw the policeman, but before the policeman had hold of the horse's head and we were in the act of getting out of the cab——if he were to say that he actually held up his hands and seized the reins before the horse stopped that would be a deliberate untruth.
JOHN TANNARE . I am out of business—I was with Mr. Blythe on the night of 5th July, driving along Charles-street—just as we were entering Spencer-street near the public-house, there were two ladies and three gentlemen in company—they appeared to be coming out of the public-house and had got some two feet from the kerb when the cabman called out and I called out as well—four of them stopped, but this unfortunate man rushed against the horse's head, struck the collar, and fell down—he appeared as if he was stooping in running—in my judgment, the cabman could not have avoided the accident—he was not driving so fast as a cab drove me down here to-day, between five and six miles an hour—previous to our coming out of Charles-street into Goswell-road, the cabman pulled up his horse to allow a lady to pass by—that was not quite at the corner, some few houses from the corner—that was some few minutes before the accident—after the accident the cab was turned round by the policeman—I was sitting on the side where the accident occurred—the cab was stopped by Mr. Blythe, and pulled up on the off-side, not quite twice the length of this Court from the scene of the accident—I noticed No. 27 I think—I saw the policeman run up on the near-side; he crossed the road and came up to the cab just as I was alighting—it was then at a standstill.
Cross-examined. Q. Then the place where the defendant pulled up his cab, was quite within sight of the people where the accident occurred? A. Close to the spot—those who were present and saw the accident, could not fail to see the cabman pull up—he pulled up because Mr. Blythe shot his hand through the hole at the top, and not at the instance of anybody getting into the middle of the road and holding up his hands—there was no one in front of the horses' head—I had my hand on the dash-board to alight, before the policeman came up, and Mr. Blythe was out of the cab on the near-side—the off-side was close to the kerb——the cabman stopped his cab at the off-side before the policeman touched his reins, or made any signal—the policeman did take hold of the reins after the stoppage—I heard the cabman call out; I do not know whether my friend must have heard it, because his attention was called to putting his hand through, and the cabman's shouting was not so loud as ours; I heard him call out before in Charles-street—he was going at the ordinary pace of cabs—I have been accustomed to drive for the last six years, and know what pace a horse goes at—it was impossible for that horse to go more than eight miles an hour, if he was pushed it would not exceed six miles—I was perfectly sober, and so was the cabman.
HENRY HARRIS . I live at 195, Goswell-road—I was at the corner of Spencer-street, crossing the road to fetch my supper beer—the first thing I heard was the cabman calling out most lustily; just as he was coming out of Charles-street, a passenger appeared to be going across; he stopped for her, but she went back to the kerb, and then he loosened the horse's reins, and started on again till he got to Spencer-street—I noticed that he did not use the whip, for it was in the socket—when he got six or seven yards up, there was a party of people on the pavement, and the deceased crossed and stooped his head as if to go under the horse's head, but he was knocked down—it was in my judgment quite impossible to avoid the accident, for
there was a light van standing at the corner of Spencer-street, and the people that crossed came from behind it—they must have seen it, because it obstructed their crossing—I am not a good judge of horses' speed, but I should say it was the ordinary speed, five or six miles on hour—I saw the policeman take hold of the horse's head after it had stopped.
Cross-examined. Q. How far did he get before he did stop? A. Five or six houses up Spencer-street, nearly twice the length of this Court—it was not forty yards—I should say he pulled up about twelve yards from where the accident took place—100 yards would be absurd, that would be halfway up the street—the deceased's friends must have seen the driver pull up, unless their attention was called to the deceased, and they did not hear—the policeman crossed the road to him after he pulled up—I did not hear the policeman examined—he may have held up his hands, but he did not stop the horse, and I did not see him hold up his hands—he could not have caught hold of the horse's head by the reins, and stopped him without my seeing it; if he says that he did, it is an utter untruth.
BENJAMIN CUTLER . I am a joiner and live in Goswell-place—I was coming down Goswell-road, close to Spencer-street and saw a cab coming along Charles-street—I saw it cross Goswell-road into Spencer-street and heard the cabman halloa out to some one, which called my attention to the cab——he crossed Goswell-road and as he got into Spencer-street I saw a man knocked down—I crossed to him and saw the cab pulling up and turning round nearly in the middle of the road to come back—he could not have avoided the accident—I did not see a policeman till after the cab had stopped and had began to turn round.
Cross-examined. Q. Had he actually turned round before you saw the policeman? A. he was in the act of turning, the gentlemen were just alighting from the cab and he was already moving the horse in turning round—he was pulling up near the kerb on the right hand side not more than twenty yards if it was twenty, from where the accident took place—until he had stopped and turned round, I saw nothing of the policeman—the polios-man did not stop the horse.
SARAH GARROD . I am single, and live at Goswell-place—I was coming down Goswell-road and saw a cab crossing Goswell-road—a party of men and women crossed the road just before me, and were not quite in the middle when the cabman called out to them and some of them stopped—I then saw the gentleman touch the horse's head and the next instant he was knocked down—the cabman was driving not very fast—he could not have avoided the accident—the cab passed on—I looked after it: when it was a little better than the length of this room off I saw it stopped—a gentleman of the deceased's party ran after the cabman but he stopped of his own accord—I did not see the policeman till the horse had stopped.
Cross-examined. Q. Did you hear him call out to the person who was knocked down? A. Yes, I did not see the lady—it was not a very loud shout but it caused the party to stop who were with the deceased—it was so loud that everybody must have heard it—the cab had come to a full stop before I saw the policeman, the horse had stopped and then the policeman caught hold of the reins—that was rather close to the kerb——I did not see the gentlemen who were in the cab, till they got into the Goswell-road again—I did not see them get out when he pulled up—the horse was turning round when the policeman caught hold of it.
when the driver of a cab called out to me and slackened his horse's pace to allow me to pass, but instead of crossing I stepped back and said, "All right, Cabby, go on"—I crossed at the back of the cab and wept up goswell-road—the prisoner was the cabman.
Cross-examined. Q. Did you see anything of the accident? A. No.
EDWARD WESTON GIBBS . I am a cab proprietor of Kepple-mews—the prisoner was in my service about two months—he had in the cab on this day a little old bay mare which cost seven guineas, what we call a second horse, about 14hs. 2in. or 14hs. 3in. high—I do not think she could do above eight miles an hour at the outside—I remember her coming home that night, she was in very good condition, in fact the prisoner's horses always come home in the best condition, he very seldom sweats them—he is still in my service—my foreman recommended him to me as a very excellent man, and I found him so—I have no fault to find with him.
Cross-examined. Q. Had he the misfortune ever within the last two months to be charged with furious driving? A. No, that was previous to his being in my employ.
GUILTY .— Confined Nine Months.
MR. BROOKS conducted the Prosecution.
ROBERT JOSEPH MCANDREW . I am a surgeon of Limehouse—on Sunday night, 6th July, about eleven o'clock, I was in Railway-place, Fenchurch-street, the prisoners Black and Stock wood caught me on each side—I looked round in surprise and saw them well; and when I was turning my face a taller man caught hold of my spectacles, took them off, grasped my mouth, and I was thrown backwards—I struggled—my watch chain was cut by the taller man or broken from the swivel—I grasped it, held it firmly, and called out as loud as I could—persons came to my assistance and the prisoners ran away—the tall man wore a cap but I did not see his face—the prisoners were afterwards brought towards me, and I identified Black and Stockwood—my mouth was bleeding—I missed some money and have been shown nearly the same sum since—I cannot say which of the three grasped my mouth, but Newton was the most active in all that occurred.
WALTER WIGGINS . I am manager of the Black wall Railway hotel—I heard a noise outside about twenty minutes past eleven, as if a man was being stifled—I unbarred the door, went out, and saw the three prisoners, Stockwood and Black were on Mr. McAndrew, who was struggling on the ground, and a taller one was running way—I cannot swear to Newton, but he resembles the third man—Stockwood was the first to get off and run—I chased him, caught him without losing sight of him, and handed him to the police—I partly chased the other down the court—when I got down the court Black was sparring at Pelvin and I seized him directly.
JAMES PELVIN . I am barman at the Railway hotel—I beard cries as if somebody was being stifled—I followed Mr. Wiggins out, and saw Black on Mr. McAndrew who was lying on the ground—lie got off and I followed him to the back of the railway station, where he began sparring up to me, and Mr. Wiggins came and assisted me—I went to the police-station and then took the police to the spot where it occurred and we picked up 8s. 6d. in silver there—I saw two men when I went up.
Stockwood. Q. Did you come out at the door at the same time as the other witness? A. I followed him—there was not a second between us.
HENRY MANLY (City Policeman, 813). I was on duty in Fenchurch-street at a little after eleven o'clock—I heard a cry of "Stop thief!"—I went towards Railway-place and saw the three prisoners run out, Newton turned to the left towards Mark-lane and Stockwood and Black to the right—I gave chase to them at the same time as Wiggins—I never lost sight of Stock wood or Black, I was present when they were caught—after that Wigging and Pelvin brought back Newton—I have no doubt of his identity—I saw him as plainly as I see him now, I was about fifteen yards from him—Stockwood came out first, but there was only a yard and a half difference between them, it was a dead heat between the two.
COURT. Q. When you saw them all three run out at once how far were they from the spot where Mr. McAndrew was robbed? A. About twenty yards—it was then twenty minutes past eleven—I looked at the railway clock.
MAURICE POCOCK (City Policeman, 927). I was on duty on this Sunday night about twenty minutes past eleven, and saw Newton run past me westwards from Railway-place—I heard a cry of "Stop thief!"—he ran up Billiter-street and I ran after him and caught him at the top—he asked me what I wanted him for—I said that some one at Railway-place might want him—he said that he had done nothing, and was only running home—I asked where he lived, he said, "George-yard, Whitechapel," but he was running away from there.
Newton. Q. Did I not pass you some time before in Murk-lane? A. No.
Newton. Q. Do you know me? A. Yes; you used to harbour at Rail-way-place; you are so well known to me that I cannot make a mistake—I never knew you in trouble; only as the associate of the other prisoners.
Stockwood. Q. Have you ever known me to be in trouble? A. Yes—not for felony but for assault.
Stockwood's Defence. I have got an honest living by shoe-blacking for the last three years.
Black's Defence. It was an attempt at robbery, nothing more.
Newton's Defence. I have worked hard for my living. I know no more about it than a child unborn.
GUILTY .—(Newton was further charged with a former conviction at Guildhall in March, 1863, of stealing buttery to this he
PLEADED GUILTY.).— Seven Years each in Penal Servitude.
MR. CUNNINGHAM conducted the Prosecution.
WILLIAM CORKERY (Policeman, A 664). On 1st August, between twelve and one o'clock at night, I was in the Commercial-road, and was accosted by a female who I had seen before—I was off duty and in plain clothes—she invited me to go home with her to dry my clothes—I accompanied her to 2, John's-place, and sat in the room a quarter of an hour or twenty minutes—
I heard a disturbance and she went outside and returned in a minute or two—I went to the room door and then to the front door—a man named Barrett was standing at the door, and I said to him, "What is the matter?"—the prisoner was two feet from him, and could hear that—Barrett made no reply but the prisoner made a blow at me—I put up my left arm to defend myself and it was stabbed—the prisoner ran away and Barrett pursued him the wound was more than an inch and a half long—I went to the hospital—the prisoner was brought there in custody at half-past two, and I identified him—I was an out-patient for a week—my arm then became worse and I Was admitted to the hospital—I had no quarrel with the prisoner.
Prisoner. Q. Did not you say, "Halloa, what is the matter with you?" and make a movement as if to strike me? A. No.
Prisoner. Having the knife in my hand at the time it appears I inflicted the wound.
EDWARD BARRETT . I am a general dealer, of 2, John's place—on 1st August I heard a disturbance—I stood on the threshold and asked the prisoner what was the matter, he said, "My girl Annie is here"—I said, "No, she is not, go away quietly"—he said, "She is here, and I will have her out"—I said, "She is not here, go away, there's a good fellow"—he kicked at the door, and the prosecutor came from the inside in his shirt sleeves and said, "What is the matter?"—the prisoner was standing two feet from the door, Everett struck a blow direct at him; but before that I saw him pull something out of his right hand trousers pocket—he ran away and I ran after him, but lost sight of him—the policeman took him and I accompanied them to the hospital—I am certain the prisoner is the person—I know him as well as my own brother.
The prisoner in his statement before the Magistrate, said: "He came up and said, 'Holloa, what is the matter with you?'—he made a movement to hit me and I struck him back. I had a penknife in my hand but had no intenttion of stabbing him; I was drunk at the time."
Prisoner's Defence. I struck a blow at the man and inflicted the wound, but had no intention of stabbing him.
GUILTY of unlawfully wounding. — Confined Three Months.
NEW COURT.—Friday, August 18th 1865.
Before Mr. Recorder.
MR. CUNNINGHAM conducted the Prosecution, and MR. RIBTON defended
JAMES CROWLEY . I live at 91, Broad-street, Ratcliffe, and am a stevedore—about half-past 1 in the morning of 28th July, I was walking through Whitecross-street—I had been to see my wife at the infirmary—she was at the point of death—I saw three men standing by the railway-arch; I passed them on my left, and was immediately seized, and knocked backwards—I sung out for the police; they crashed my lips together, and rifled my pockets—one of the men took 6s. out of my right trousers pocket—I begged them to give me 2s. back to get the children a bit of bread the next day, but no mercy was shown—the prisoners are two of the men who attacked me—Clift put his hand into my pocket—the third man I could not swear to
—they ran away in different directions—I started after Clift—a policeman came up, and I pointed Clift out to him—I am quite satisfied the prisoners are the men—I saw Kelley taken immediately afterwards.
Cross-examined. Q. Had you ever seen the man in the white jacket before (Kelley)? A. No; this did not happen under the archway, further down—I was very much alarmed, and I was in great trouble as well—there was enough light there for me to recognise the prisoners.
Clift. Q. Do you say that I was the one who held you by the mouth? A. You held my mouth, and the others as well; it was about five or six minutes from the time I saw you first till I followed you, and gave you in custody.
WILLIAM FREESTONE (Policeman, K 135). On the morning of 28th July I was on duty in George-street, Katcliffe, and heard a cry of "Police," and saw Clift running past the end of the court—I said, "You need not run, Clift"—I also saw another roan named Haley there, and two women—I saw the prosecutor at the end of the street—he said, "They have knocked me down, and robbed me"—I said, "Which of them?"—he pointed to Clift, and said, "That is the man who rifled my pockets"—I put my hand on the other one's shoulder, and said, "Did this man do anything?"—he said, "I can't swear to him"—I took Clift in custody—Policeman 303 then came up—I said something to him—he went away, and after the lapse of a few minutes he returned with Kelley, and the prosecutor said, "That is the other man"—they were then taken to the station—on Clift was found 6d. in copper, and on Kelley 2s. 1 1/2 d.
Clift. Q. How far were you from me when you first saw me running by the court? A. About a dozen yards—I fetched Sweeney into the station—he was not standing at the bottom of George-court when I took you.
JAMES WATTS (Policeman, K 303). On this night my attention was attracted by some voices—I went to the place, and saw the last witness holding Clift—I them ran up the street with the prosecutor, and down the Commercial-road—I turned my light on, and saw Kelley sitting on a doorstep—he said, "Do you want me?"—the prosecutor came up, and said, "That is one"—I said, "I must do my duty; you will have to go with me to the station."
Cross-examined. Q. Did you know Kelley? A. No; I never saw him before—he said he had just come from a play-house—I did not state that at the police-court.
Kelley's statement before the Magistate read: "I got up about 1 o'clock on Saturday morning to go to market—I sat on a door-step, waiting for a cart to give me a ride; the policeman came, and showed me his light, and said, 'Is this one?' the prosecutor said, 'Yes, I will lock him up.' I asked the policeman if he wanted me; he said, 'Yes, I must do my duty,' and he locked me up." Cliffs statement: "I was drinking last Friday evening in Nash's public-house; after coming out of that I went into another public-house, and then to George-court—I heard a disturbance, and saw some men running down; I stepped out of their way, and the policeman came down and took me in charge. The policeman then asked the prosecutor if I had done anything; he said I had rifled his pockets, and then said I had put my band on his mouth, and he took me to the station."
KELLEY received a good character.— NOT GUILTY .
CLIFT.— GUILTY .
seven Years' Penal Servitude.
MR. THOMPSON conducted the Prosecution, and MR. RIBTON the Defence.
ANN CASSINGTON . I am the wife of David John Cassington, a lighterman, and live at 75, Fore-street, Limehouse—on Wednesday morning, 12th July, I was in Ropemaker's-fields, and was going with my brother, Thomas Murphy, into the road—it was between 12 and 1—I was going through a court, and as I arrived at the bottom, there were three persons sitting on a window-cill; two men and a woman—they saluted me in the most disgusting manner—I did not notice them, and one of the men said, "Go and give it to the—"—I don't wish to repeat the words—the prisoners are the three persons—the female came across in front of me, and up with her fist, mid hit me right in the face—there was a constable there, and I asked him for protection—he said, "Oh, go on!"—I said, "I want protection"—I was then attacked a second time—the woman caught hold of me, and knocked me right down in front of a gentleman's house—I said, "Whatever are you attacking me like this for?"—she said, "I will give it to you"—I said, "You had better let me alone; I don't wish to have any bother with you" when she knocked me down, the man Clark came up, put his knee in my stomach, and held me by the throat—as soon as he released me I screamed "Murder" and "Police—and Mr. Rothen sprang a rattle from the window—I had my hair pulled out of my head—Brunning came up, and kicked me at the same time on my right leg; my brother tried to assist me, and he throw him into the road, and tried to tear his coat off—I had my clothes all over my head—I believe they took my bonnet and shawl; the woman tore them from me, and I stood naked without a bit of anything to go home in.
Cross-examined. Q. Do you know the woman? A. No; I never knew them before—I don't think she was standing at her own door; I don't know—I was on the opposite side—she called out to us first, "What are you looking at?"—I said, "I am not looking at you"—that is all; I used no lad expression—she then came over to me—the men directed her to come and give me a good hiding, and get on to me, and she came across, and struck me—I did not strike her, nor did my brother, that I am aware of—she was not on the ground; I was—the officer came up before I fell—he said, "Oh, go on I fight it out; you are big enough"—he did not threaten to look me up—I can't say what became of the officer; they left off about two or three minutes, when he was there, before they attacked me again—I don't know the policeman's name—I heard my brother beg of him to protect me—I believe one of the male prisoners is a brother of the woman—I don't know that he came to her assistance.
THOMAS MURPHY . I live at 15, Wells-street, and am a seaman—I was with my sister, the prosecutrix, going through Ropemaker's-fields—we stopped at the Black Horse public-house, and she said to me, "There is the house where Ellen lives," Tom—I pointed across the road, and said, "Is that the house?" and she said, "Yes"—the female prisoner who was opposite said, "What are you looking at?"—my sister said, "Not at you"—Clark, who watt there, said, "go over, and have them off her"—she rushed across the road, hit my sister in the face, threw her on the ground, and tore her bonnet and cape off—I turned round, and saw a policeman standing there; Iran across, and said, "You take them people in charge"—his number was K 200—he said, "Go on; let her fight it out; she is big enough"—Clark
then ran over, and knelt on my sister's breast, and the other man caught hold of me, and threw me into the road, and tore the coat off my back—I heard a rattle sprung, and saw some policemen coming, and the prisoners ran up the street, and through White's-rents.
Cross-examined. Q. Who is the man who tore your coat? A. Brunning—I did not strike any of them; I tried to get them off my sister—the house we were pointing to is a couple of doors, I believe, from where the female prisoner lives—K 200 came up after running knocked me down—I saw Susan Brunning tear the bonnet off, and throw it into the road—she struck the first blow, and said, "I will give it to you, you cow."
MARTHA MARTIN . I am a widow, and live at 4, White's-rents—I heard screams of "Murder" on this night, and went out—I saw Clark kneeling on the prosecutrix, and the female prisoner was holding her by the hair—Mr. Rothen sprang his rattle, and she threw the bonnet off into the middle of the road, and took her cape away—I saw her put it under her dress; she then took the bonnet up, and run away right through White's-rents into Fore-street—I did not see K 200, but I heard the voice of the policeman say, "Let them fight it out; she is quite big enough."
Cross-examined. Q. Did you see the policeman there? A. I saw a policeman—(K 200 was called in)—that is the man; I heard him say, "Let them fight it out"—it was not her own cloak that the female prisoner had under her arm; she had no bonnet or cloak on—she had her dress over her head when I saw her first.
JONATHAN ROTHEN . I am a chimney-sweep, and live at 25, Ropemaker's-fields—on the night of 12th July, I heard screams in the street—I got up and looked out of window—I saw a desperate scuffle going on; there were two men and a woman; they had got a woman down on the ground, and they seemed to be kneeling on her—they were very much ill-treating her—I sprang my rattle, and as soon as they got clear of the woman, they wheeled round, and went through White's-rents; one of the men took the woman round the waist, and I heard him say, "Well, you gave her a basting."
THOMAS NORMAN (Policeman, K 278). From information I received on the morning after this occurrence, I took the female prisoner into custody in the evening—I told her she was charged with stealing a cloak and bonnet, and assaulting the prosecutrix—she said it was false, she knew nothing about it—on the Saturday night following I went into the tap-room of a public-house in Nightingale-lane—I saw a cupboard-door move, opened it, and found Clark there—I told him he was charged with stealing a bonnet and shawl, and likewise assaulting Ann Cassington—he said that it was false—I took him to the prosecutrix and said, "Is this the man that assaulted you?"—she said, "Yes"—he said, "Well, I will give you anything if you will look over it; I will give you any money"—she said, "No; it is out of my hands; I can't think of that"—Charles Brunning came to the police-court on the 17th. and I took him—he said, "What do you want with me?"—I told him he was charged with stealing a cloak and bonnet, and assaulting Ann Cassington—he did not say anything.
Cross-examined. Q. Do you know all these prisoners? A. Yes; they live close to this place—they are not very respectable—the woman's character is questionable in my opinion—I don't know of her having been charged with any offence; the men have been charged with assault, and locked up.
MR. RIBTON called
all over—I saw the female prisoner and the prosecutrix wrangling together—one accused the other of assault—I said, "The best thing you can do is to apply to a Magistrate for a summons"—there were others there besides, but I did not notice them—I did not see the male prisoners—when I got there it was all over—the female prisoner said to me, "I asked the woman what she was looking at; she called me a b——cow, and I struck her"—the prosecutrix did not say a word about being robbed—they separated, and I saw no more of the prisoner that night—I saw the prosecutrix's brother—he appeared as if he had been fighting with somebody too.
COURT. Q. In what way did he appear like it? A. It appeared to me as if they had all been fighting together—he looked as though he had been down on the ground.
MR. RIBTON. Q. Were there any other constables there? A. Three or four more came up almost as soon as I got up—a constable did not say, "Fight it out; you are big enough"—I did not say that, nor did I hear one of the others.
Cross-examined by MR. THOMPSON. Q. Was this opposite the house where the man lives who sprang the rattle? A. Yes; I remained there some little time afterwards—I did not see them fighting—I saw none of the disturbance—I was not there before the rattle sprang—the female prisoner went away towards White's-rents almost directly I got up—I did not see her with anything—she lives in Ropemaker's-fields—she went in an opposite direction to where she lived.
MR. RIBTON. Q. Have you known these people for some time? A. Yes, Clarke and the woman—I have never heard anything against the woman—I believe Clarke has been locked up once for disorderly conduct.
GUILTY .— Confined Twelve Months each.
MR. COOKE conducted the Prosecution.
JOSEPH HEAPS . I am a fishmonger, at 3, West-street, Hackney—I have the right of pasturage on the London-fields—on 25th July, I turned a horse out there worth 8l.—I missed it on Wednesday afternoon, the 26th—I saw it again on the Sunday week following at the Hackney Police-station, and I identified it.
JAMES KETTLE . I am a labourer of Wanstead—on 26th July, the prisoners offered me a gelding for sale for 3l. 10s.—I afterwards offered them 3l. 4s. 6d. and they took it—I paid the money to John Keen—I asked them where they bought the horse, and they said they had just come from Romford Market, and they gave 45s. for it there—it was Romford market day—John said that he lived in Cleveland-street, Mile End-road—on the Sunday following I received a bill with a description of a pony, which corresponded with the one I had bought of the prisoners—I went to Loughton where it was, and went to the police-station—I then saw the two prisoners coming down the road in a cart, and called the attention of the police to them—I stopped the horse—they jumped out of the cart, and said, "What's up?"—I said, "I give these two men in charge for selling me a stolen pony"—the constable then took them in charge.
George Keen. I was never there, and never took the money. Witness. You held the pony; you were acting together.
Market; Kettle was with me—they said they had sold it to him—the prosecutor afterwards identified it—the prisoners then had another horse and cart in their possession.
John Keens Defence. I bought the pony at Romford Market, and sold it to the woman that Kettle lives with.
MR. COOKE conducted the Prosecution.
JOSEPH LANAWAY . I live at 10, Essex-street, Hackney, and am agent to the Patent Bread Machinery Co.—I go about in their carts—on 5th August, I went to King Edward-street, Hackney, to deliver some bread—I left my cart outside a house, and went in—there were six quarterns of bread, about the same quantity of flour, an overcoat, a whip, and other things—when I came out, my cart was gone—I next saw it at the police-station at Loughton, on the following Sunday—the name had been erased, and on a card was put on, "George Smith, Old Ford, London"—the names on the cart when I left it outside the he-use were George Harper and Thomas Underwood.
JAMES KETTLE . I had a horse and cart and harness offered to me by the prisoners for 5l.—I said I thought it was worth three times that value, so I did not think fit to buy it—George had a black macintosh on—I think they said they had bought the horse and cart in Smithfield Market—there was a name written on the cart on a card at the side, and I saw that the name had been burnt from the shaft—on the Sunday morning I saw the prisoners in the same cart at Loughton, and gave them in charge.
JAMES BAILEY . I live in the Triangle at Hackney—on the afternoon of 5th August, I saw a hone and cart standing, and I saw John snatch the reins out of a lad's hands, jump up into the cart, and drive away—I afterwards gave a description of the man—I knew the horse and cart as belonging to Mr. Lanaway—I saw it again afterwards—the lad ran to stop the horse—I did not see the other prisoner at that time.
JOHN FRY (Police-sergeant, K 3). I took the prisoners for stealing a horse and cart—John said, "George Smith, general dealer, of Old Ford, gave it to me to sell for 8l."—the name on the cart bad been erased by a hot iron—it was afterwards identified.
John's Defence. I got the horse from Mr. Smith, who said I might have all I got over 8l. and I offered it to Kettle for 9l.
GEORGE KEEN*†— Eight Year' Penal Servitude.
JOHN KEEN†— Seven Years' Penal Servitude.
KING PLEADED GUILTY ; he also PLEADED GUILTY* to a former conviction in January, 1865, sentence Six Months.— Confined Fifteen Months .
BENJAMIN ARCHER (Policeman, H 101). On the afternoon of 8th August, I was on Tower-hill, and saw the prisoners following a gentleman and three ladies—when they got part of the way down the hill, they stopped, and the prisoners stopped also, they then went on again, the prisoners following them till they got close to the Tower gates, King—then put his hand into
the gentleman's pocket, and pulled out a handkerchief; Williams stepped in front of him, then ran across the road and sat down on the wicket-gate close to where I was standing—I took him in custody, took him across the road, secured King, and took the handkerchief out of his pocket—the gentleman at that moment came up and said that was his handkerchief—I got his name and address—he is not here—I had seen the prisoners an hour previous to this at the top of Rosemary-lane together—Williams was quite close to King when King put his hand into the pocket.
William. I was not with the boy at all.
URIAH HARVEY (Policeman, A 631). I was with Archer part of this time—I saw the two prisoners and another lad, not in custody, together on Tower-hill; for about half an hour, I should think; and then saw Archer follow them down Tower-hill—they were then following a gentleman and three ladies.
Williams' Defence. I was walking down Tower-hill, behind this boy, and saw these Indies and gentleman stop. I was close to them and this boy pushed by me, and the policeman came across and took me into custody. I am not guilty.
GUILTY .**— Confined Eighteen Months.
MR. COLLINS conducted the Prosecution, and MR. HORRY defended Scott.
ROBERT PALMER . I live at 13, Exmouth-street, Clerkenwell, and am a compositor—between eleven and twelve on Saturday night, 29th July, I met the female prisoner opposite Weston's, in Holborn, after some conversation she induced me to go to a house with her—we went to 44, Charles-street, up to about the third floor—I was perfectly sober—as soon as she got into the room she made use of some slang term and went down stairs—two men then came to the door—I took the candle and had a good look at them, and recognised the prisoner Scott—they wore billy-cock hats—I bolted the door, ran to the window, and called "Police"—the two men said that if the door was not opened they would burst it in—as Boon as I opened the door they said, "Douse the glim" or something like that, and I got the candle in my face, and we were in the dark—one of the men then hit me in the stomach with his head, and turned me over like a board, and I laid on the ground—they then put a rug round my head, and I was speechless for a minute or two—they then got hold of my throat and gave me two or three knocks on each side—as soon as I recovered I heard the female say, "Kill the b——"—they had almost taken my clothes off me then—they tore my pockets out and took my purse and comb and 30s., which were safe when I Went into the house, and the girl must have known where I put the purse, for I treated her to a glass of ale, and she saw the contents of my purse, and I also told her—after that I got another knock, and then they decamped down stairs—as soon as I came to I put my hand out, and found a lucifer, got my hat from the corner of the room, and went down stairs into the street—when I got about 40 yards from the door I recognised Scott amongst five or six men, and about five women, one of whom was Ann Griffin—they saw me, and watched me till I spoke to a constable, and then disappeared—about an hour after I saw Griffin coming up, and the constable took her—she said, "I am the girl that you went with to the house in Charles-street"—she said she did not know anything about the men—two days after I saw
Scott amongst seven or eight others at Bow-street station, and picked him out—I am perfectly certain that the prisoners are two of the persons concerned in the robbery.
Cross-examined. Q. Had you not about 3l. 10s. with you when you went Into the house? A. Yes; I lost 30s., the rest I put into my boot, finding the awkward position I was in—I did that directly the female left the room—I left my work about six—I was paid that afternoon—I am married—I first called on a friend in Chancery-lane, and remained there till eight—I was with four or five of my friends all the evening—we went in a public-house at eight and remained there about half an hour—we then went to Holborn to another public-house, and remained a couple of hours—I was not drinking—I only took one glass of ale—the other drink I had was lemonade—the men who came into the room had both lighted candles in their hands, and they threw them at me.
GRIFFIN. Q. Can you swear it was me who said, "Kill the b——?" A. We were in perfect darkness, and I merely said that I thought it was your voice—I could not swear it was—you said something about going down to get some clean sheets—you came up towards me with four or five others, when I was talking to the policeman; within twenty yards of us.
MR. COLLINS. Q. How long were you in this room together, after the woman left? A. It did not take more than ten minutes—as soon as she disappeared these men came up.
ROBERT MILLER (Policeman, F 96). On Sunday morning, 30th July, between twelve and one, I was in Drury-lane at the top of Charles-street—I saw the prosecutor—he took me to 44, Charles-street—he was perfectly sober—his clothes were much torn—I went into a room there and found a hat, and just outside the door I found this hat (produced), which I believe to be Scott's—I saw a candlestick in the room and this rug—I marked this hat inside in the lining, and left it there—the room looked as though it had been upset—the prosecutor and I were afterwards standing in Charles-street, and he said, "Policeman, there is the woman"—Griffin was then about twenty or thirty yards off—she came up to me, and said, "I am the woman who took this man to the room"—she could see us standing together—nothing was said to her before she said that—I think she had had a little drink—Scott was apprehended on Monday night, the 31st, in the Sun public-house, just opposite Charles-street—he was wearing this hat, which I had marked—I told him I should take him for being concerned, with two other parties, in a robbery in Charles-Street—he said he did not know anything about it—he was placed with seven more men at the station, and was identified by the prosecutor.
Cross-examined. Q. Is that a billy-cock hat? A. No, not the one I found, on the stairs—I left it there to see if the man would come back to fetch it—I have made inquiries about Scott, and find that he is in the employment of Mr. Greenall, an Army and Navy accoutrement maker—Scott lives at 44, Charles-street, on the second floor.
Griffins Defence. I am quite innocent of it.
SCOTT received a good character.— GUILTY , Recommended to mercy by the Jury.— Confined Nine Months.
GRIFFIN.— GUILTY .— Confined Twelve Months.
THIRD COURT.—Friday, August 18th, 1865.
Before Mr. Common Serjeant.
MR. TAYLOR conducted the Prosecution, and MR. METCALFE the Defence.
ELEANOR HUMPHREY BUNNEY . I live at 7, St. Peter-road, Mile-end—my brother-in-law, Michael Barry, lives at 27, Arbour-square, and is a lace agent for Messrs. Sebarras of Malta—he sent me some lace shawls to dispose of—I have known the prisoner four or five months—he represented himself to be a single man—I was to he married to him—the shawls were worth 86l. 17s. 6d.—I have been to various houses to dispose of them—the prisoner sometimes went with me—on 27th June he told me he knew the principal lace buyer at Pawson's in St. Paul's-churchyard—I made an appointment with him for the next day at ten o'clock at the Royal Exchange—I was to bring the remainder of the goods with me and he was to take them to Pawson's, and see if he could sell them; he then had some of the goods—I met him and we went to St. Paul's-churchyard—he told me to go into the cathedral while he went into Pawson's—he took the goods with him—I waited for him in the cathedral from twelve till six o'clock, when he came back and said he had left the goods for approbation and that he was to go on the following morning—he said he had been so long because he had taken the principal out and treated him—I made an appointment with him for the following day, at four o'clock in the afternoon, at the Royal Exchange—I did not go because it was very wet—from that time I did not see him until he was in custody—I had a letter from him on the Thursday or Friday, stating that be would meet me on the Sunday, but on the Saturday night I received another letter—the first letter I destroyed—this is the second (produced)—he calls me there, "My dear Frizzlewig"—he was in the habit of calling me by that name occasionally—on 27th July I saw him in the Walworth-road—I think he saw me, I am not sure—he ran away—I should not have parted with those goods unless I had believed that he knew Pawson's buyer—I placed great confidence in him.
Cross-examined by MR. METCALFE. Q. Did your brother-in-law try to sell the goods first? A. Yes; but he is a clerk and had not time to attend to it—I think I commenced trying to get orders for them in March—I first met the prisoner behind Temple Bar, we were listening to some "niggers," and he accosted me, and from that time we became intimate—we went to Greenwich that day—I met him by appointment the next day in Trafalgar-square—I spoke to him about the lace the first day I saw him—I was with him almost every day after that—I think that was in April—we went to different houses to try and get rid of the shawls—the prisoner went in with them, and I remained outside—I trusted him with them and placed a great deal of confidence in him—I thought he was respectable—I was very intimate with him all the time—by his persuasion I went to his lodgings with him—we had agreed to go to South Australia—there was no arrangement to pay him for trying to get rid of the shawls—he voluntarily offered himself as a friend.
MR. METCALFE submitted that there was no evidence of the prisoner's having obtained these goods by false pretences, and the Court directed a verdict of
NOT GUILTY .
Cross-examined by MR. METCALFE. Q. Did you get a single order for the goods? A. No—if he had brought me back the goods or the money for them I should have been satisfied, or if he had taken them anywhere else and had brought me the money.
MR. TAYLOR. Q. Do you mean that since you made his acquaintance you were out with him every day? A. Not with the shawls—I met him somewhere almost every day.
RICHARD SAMUEL KEENE . I am the principal buyer of lace for Messrs. Pawson's—I never knew the prisoner before he was taken into custody on this charge—so far as I know he never left any goods for approbation at Messrs. Pawson's.
Cross-examined. Q. Is there a man named Titford in your employment? A. There is, but he has nothing to do with the lace department—he is in London, but I do not think he is here.
MICHAEL BARRY . I reside at 27, Arbour-square, Stepney, and am an accountant's clerk, and lace agent for Messrs. Sebarras and Co. at Malta—sometime in April last I entrusted my sister-in-law with some lace shawls to dispose of—I know nothing of the prisoner.
Cross-examined. Q. Had you been trying to sell these shawls yourself? A. Yes, but I did not succeed because I had not time to attend to it—my wife tried and she did not succeed.
MR. TAYLOR. Q. When did you obtain these shawls? A. Sometime in the middle of April—the invoice is dated 31st March.
CHARLES LOFT SMITH . I am assistant to Messrs. Attenborough, of No. 32, Strand—I produce three lace shawls, three ties, one head-dress and half a shawl, which were pledged by the prisoner on 3d July for 17l., in the name of James Pearce.
RICHARD AVANT . I am assistant to Messrs. Richards, 266, Westminster bridge-road—a lace shawl was pawned with us on 29th June and another on 5th July for 2l. 10s. by the prisoner, in the name of William James—in the latter part of July I received information from the police—the prisoner called at our place on 28th July, to redeem the shawl pledged on 29th June—I took his money and then gave him into custody.
FREDERICK CHARLES BRETT , (City-policeman, 131). I produce a shawl pledged at Mr. Richards on 29th June—I received information from Mr. Avant, and took the prisoner—I told him the charge—he said, "That is not right."
THE COURT over-ruled the objection, but would reserve the point if necessary.)
GUILTY .— Confined Twelve Months. (The prisoner was liberated on his own recognizances.)
ANTHONY PETHER . I am a salesman in Newgate-market—in June last the prisoner had been in my employment for about four months—his duty was to assist in the business, and go round collecting money, and to bring it to the counting-house, this (produced) is the receipt—the money has not been handed to me—on 29th June, he was sent to Mrs. Hind and did not return—about a week afterwards he called at my private house and said he was very sorry, and offered to pay me half-a-crown a week—I told him he
ought to be ashamed of himself for stopping away, and spending the money—he said he had lost it—I was very angry with him and he ran out of the room.
GEORGE SWIFT . I am a butcher of Notting-hill—on 29th June I paid the prisoner 1l. 4s. 9d.—I was going into the prosecutor's shop to pay it, but the prisoner saw me and said, "Mr. Swift, I have got your bill"—I paid him outside his master's shop.
Prisoner's Defence. I went to Wandsworth and got the worse for liquor, and what became of the money I do not know—I offered to pay it by instalments.
NOT GUILTY .
MR. BARNARD conducted the Prosecution, and MR. PALMER the Defence.
WILLIAM WILLIAMS . I reside at Maidenhead—on 20th July, about one o'clock in the morning, I was near Shoreditch Railway Station—some one struck me from behind—I turned round and saw some one but not sufficiently to swear to either of the prisoners.—I was stunned and fell down—my throat was very sore afterwards—I was picked up by a cabman—I missed 5s. out of my right-hand troupers' pocket—a policeman came up and we went to the station.
Cross-examined. Q. Did you say anything about losing 5s. to the cab-man who picked you up? A. I do not believe I did, because I was partly stunned—I was perfectly sober—I had been in several public-houses during the day, receiving money—I left the money I had collected at a public-house in Norton Folgate.
MR. BARNARD. What are you? A. Clerk to a brewer—I had 45l. in my pocket shortly before this, which I left at the public house.
WILLIAM WEST (Policeman G, 112). On the morning of 20th July, I was on duty in Shoreditch—I heard faint cries of "Police" on the other side of the street—a cab-rank divides the street—I went across and found the prosecutor on his back—the two prisoners were there and another man and woman, and directly they saw we they called out "Rouse"—Pinkney was close to the prosecutor—they all ran away—I followed and caught Pinkney at the bottom of New Street, Commercial Street—I can swear that both the prisoners were near the prosecutor when I first went—on the way to the station the prosecutor said he had lost 5s.—he was quite sober—Haines came to the station afterwards, and I took him in custody.
NOT GUILTY .
PRIN PLEADED GUILTY .— Five Years' Penal Servitude.
MR. COOKE conducted the Prosecution.
WILLIAM BERESFORD . I keep the White Hart Public House, Temple Mills, Hackney—on the night of 24th July my house was fastened up about half-past 10—about 4 o'clock next morning, I was awoke by the spring of a
policeman's rattle—I went down stairs and found Prin in the custody of two men—I saw a window and a door unfastened—they had been both fastened at half-past 10—Prin said he only wanted an old pair of boots—some stones had been placed one upon another to enable them to reach the kitchen window—it was a small swing window—I missed two old coats.
THOMAS PEARCE (Policeman G, 352). On morning of the 25th July I was on duty at Temple Mills, Hackney—the prisoner Gandy was standing outside the prosecutor's house receiving two coats and a pair of boots from Prin who was inside—directly Gandy saw me he ran to the river—I followed him to the edge of the river and he went through—when he got to the other side he stopped, and I could see his face distinctly—I then went back to the prosecutor's house and found Prin there—there were two coats and a pair of boots lying outside the window.
WILLIAM MILLER (Policeman G, 148). I took Gandy in the Curtain Road, on the Friday-week after this took place—his description had been circulated amongst the police—I told him the charge, he said, "Oh it was not me, I know nothing about it"
GANDY* GUILTY .— Seven Years' Penal Servitude.
MR. RIBTON conducted the Prosecution and MR. LEWIS the Defence.
SARAH GROOMBRIDGE . I live at 59, Hammond Street, Kentish-town—on 8th July I left my house between 9 and 10, and returned at a quarter-past 10—I found my daughter standing at the gate—she could not get in.
AMELIA GROOMBRIDGE . I am a daughter of the last witness—about 10 o'clock on the night of 8th July I went home, but could not get in at the door—I got in at the window and found the door was bolted top and bottom—I went up stairs and found both the doors had been broken open—a chest of drawers had been opened and the contents disarranged.
GEORGE CLARK . I am a tailor of 6l, Hammond-street—on Saturday, night 8th July, I heard a noise—I went into my garden and saw a man escaping on the top of the wall, and the prisoner attempting to escape—I said, "Halloa, what does this mean?"—the prisoner said, "The rascal, I nearly had him"—the other man had escaped—the prisoner ran into the next garden—there was no means of escape there and he had to return—he said, "We will find the rascal if we can, I saw a man break into Mrs. Groom-bridge's house "and that he knew which way he went—we went into the street but could not see him—we then went on to the roof of Mr. Taunton's house, No. 62—he came on to the roof and said he would send for a policeman.
Cross-examined. Q. Did the prisoner make any effort to get away? A. No.
JAMES TAUNTON . I live at 62, Hammond-street—I have a workshop behind my house—I was sent for by Mr. Clarke and the prisoner was left in my charge—a policeman came and he was given into custody—the policeman found two keys on the roof, and my little boy found a lantern and three matches.
Cross-examined. Q. When the prisoner was left, in your charge, did you and he walk about? A. Yes, and he showed me the way the man had escaped.
I asked him where be lived—he said, "In the Blackfriars-road"—I asked what part, and he said it did not matter—he refused to give me his name—I then asked him what business he had at the rear of these premises—he said he saw a man get in, and ran in after him—I asked him how the door became bolted top and bottom inside, he said he did not know—I searched him and found a book, a card case, and some lucifer matches which correspond with those found on the roof.
SAMUEL BEMAN (Policeman S, 10). I went to the roof of this house and found a bunch of three skeleton keys, three matches, and this jemmy (produced)—the door of 59, Hammond-street had been broken open and the latch forced away—there were marks on the door-post corresponding with the jemmy.
GUILTY— Judgment Respited.
MR. TAYLER conducted the Prosecution.
JAMES BIBBING . I am a labourer—on the evening of 16th July I was in Whitechapel-road—some one rushed upon me and said "Let's have the—'s money"—I struggled with them—they pushed me against the shutters, took my money, and ran away—I was quite sober—a policeman came and told me to go with him—the prisoners' are the men.
HENRY WILLIAM HARRIS . I live at 44, Plummer-street—on Saturday right, 16th July, about 11.15, I was in Whitechapel-road, and saw the prisoners and two others, attack the prosecutor—they pushed him against the shutters, knocked his hat off, and after a little scuffling ran away—while they were running away Smith took off his shoes and threw them away.
HARRY SHORT (Policeman, G 77). I was on duty in Whitechapel-road on the night of 16th July—between 11 and 12 I saw the two prisoners and two others come out of George-yard, and go down the Whitechapel-road—they were some distance in advance of me—I saw the prosecutor coming along—the prisoners struck him and pushed him against the shutters—when they saw me they ran away—Smith had a hat under his arm—I followed him up a court where there was no thoroughfare—he threw the hat over a wall—he took off his boots and hit me in the face—I am sure the prisoners are the two boys.
WILTON— GUILTY .**— Confined Six Months, and Three Years in a Reformatory.
SMITH— GUILTY .**— Confined Twelve Months.
MR. LANGFORD conducted the Prosecution.
WILLIAM THOMAS METCALFE . I live at 15, Church-road, in the parish of St. Matthew, Bethnal-green—on 7th July I went to bed about 11.30—I slept with my wife in the first-floor front room—about half-past 2 I was disturbed by a noise—when I got up at half-past 8 in the morning, I missed several articles of wearing apparel from my bed-room; things we had taken off the previous night—the whole of the house was fastened up, with the exception of the front-bedroom window, which was left open about eighteen
inches from the bottom because of the heat—I did not perceive any difference in the window when I got up—I saw the articles I had missed at the Police-station the next morning.
MICHAEL BRADY (Policeman, H 208). On Friday morning, 7th July, I was on duty in Gibraltar-walk, Bethnal-green—I saw the prisoner and two others coming towards me—I crossed over the road to see if I knew them, and they ran away—I followed the prisoner, took him, and found on him a flannel petticoat, two pairs of drawers, a pair of stockings, and other articles—they were wrapped round his body, inside his coat—I asked him where he got them from—he said he picked them up in the street—I took him to the station—the prosecutor recognised them as his.
Prisoner's Defence. I found the things on a door-step; the officer met me directly afterwards—I did not have them round my body, they were just under ray coat.
GUILTY ** of larceny.—Seven Years' Penal Servitude.
OLD COURT.—Saturday, August 19th, 1865.
Before Mr. Justice Byles.
MR. COOPER conducted the Prosecution, and MR. RIBTON the Defence.
NOT GUILTY .
NEW COURT.—Saturday, August 19th, 1865.
Before Mr. Recorder.
MR. CUNNINGHAM conducted the Prosecution,MR. WILL defended Davis, and MR. HARRIS defended Fulbrook.
WILLIAM WARRINGTON . I am clerk of the works at the London, Chatham, and Dover Railway, and live at 33, Page-street, Westminster—about twenty minutes past 12, on the morning of 11th July, I was returning home down Great Peter-street, and saw the three prisoners standing together—I had got slightly past them, when the two male prisoners rushed up to me and threw me down—in front of them was the woman—she made a grab at my watch, but did not succeed—Fulbrook said, "God strike me blind, I'll have you" and then the two men threw me down—I cried out to them," Don't rob me"—I had got my hand close to my waistcoat-pocket, And I felt the woman's hand in my pocket, and my watch going—a gentleman came up and they ran away—I paid 35l. for my watch—I was kept from my duties for a fortnight after this—this pocket-handkerchief (produced) is mine—I have the corresponding one to it—I had it in my pocket that evening—it was taken from me with my other property—I had had three glasses of bitter ale during the day. I knew as well what I was about as I do now—there was a gaslight close by—about two days afterwards I saw Davis at the Police-station, amongst ten or twelve others and recognised him at once.
Cross-examined by MR. WILL Q. How do you know it was twenty minutes past 12? A. Because I started from Vauxhall-bridge at 12, and it
could not have taken me more than twenty minutes to get to Great Peter-street—this attack was made very quickly, in about a minute and a half—they threw me on my face—I saw them when they were throwing me down and before that—I saw Fulbrook about two minutes after the occurrence in Little Peter-street—I had the woman in custody, and he asked me to let her go—he said that she knew nothing about the watch, but he knew the man that had got it—I told him he was one of the men that had got my watch—there was nobody there to take him then—I told the policeman those were the two men who robbed me when he had got the woman in custody.
Cross-examined by MR. HARRIS. Q. How do you recognise Fulbrook? A. From his general appearance—if a man knocks me down, I should know him twelve months afterwards—there was a man named Goodacre there at the time.
Bruce Q. Why did not you give the men in charge when the constable brought me up? A. Because he could not take them, he sprang his rattle and off they went—he told me he knew them both—I lost 1l. 5s. in money, but I cared a great deal more about the watch—I knew directly after that the money was gone—I was not in a public-house with a woman that night.
GEORGE UPSON (Policeman, B 119). About half-past 12 on this morning; I was on duty in St. Ann's-lane—I went down the lane to Peter-street—I then saw the three prisoners together, standing about ten yards from me—I went back again up the lane, leaving them there—when I had got about sixty yards up I heard something fall heavily on the pavement, and on looking round I saw three or four persons, and saw the female prisoner run from them as hard as she could towards me—I stopped her, and said, "What are you running for?"—she said, "Nothing"—I said, "What is the matter down here?"—she said, "Some man has knocked a chap down, and I ran away because I was so frightened."—I said, "Well, you had better come back with me, and let us see what is the matter"—I took her back to Peter-street, and there saw the prosecutor, Mr. Goodacre, and the two male prisoners The prosecutor said, "That is the woman who robbed me"—the two men said, "No, I am sure that is not the young woman, the person who has robbed you has run down St. Ann's-lane"—they said that repeatedly—I said, "Nobody else has run down there"—both the male prisoners came very close to the woman, and I pushed them away three or four times—they both asked Mr. Warrington repeatedly not to press the charge against the woman, as they were sure she had not got his watch—Mr. Goodacre was accompanying me down to the station with the female prisoner and the prosecutor, when Fulbrook went up to him, and, I believe, caught hold of his arm and tried to prevent him going, and I saw Mr. Goodacre strike him, or push him with some force, from one side of the street to the other—I sprang my rattle, and the two male prisoners directly made their escape—I did not see any more of them that night—I had no doubt that the prosecutor had had a little to drink, but he appeared very nervous from the effect of the fall—I could not say whether it was the effect of drink, or the effect of the fall—he recovered when he got towards the station—about 4s. in silver was found on the female prisoner at the station—I afterwards went back to the place where the robbery was committed, and in a narrow passage close to where the female prisoner had run past, I picked up this handkerchief—I took Davis into custody the next day—I told him I wanted him for being concerned with others in stealing a watch from a gentleman, in Great Peter-street,
on the Tuesday morning—he said, "You have made a mistake this time, I was not in Great Peter-street at all on Tuesday, and I can call plenty of witnesses to prove it."
Cross-examined by MR. WILL. Q. What time was it when this robbery was committed? A. About half-past 12—it was just under a gas-lamp—I saw the prosecutor on the ground—I did not know what they were doing then.
Bruce. Q. Why did not you take them then, you did not know me? A. I have known you all three for years—you live with Fulbrook, and I have seen you frequently in his company.
THOMAS HORNOCK (Policeman, B 215). On the night of 10th July, about a quarter to 12, I was in Peter-street, and saw Davis and Bruce with two more girls and a little boy—they were against the Rifleman public-house, at the corner of Great Peter-street—about 12 I heard a rattle sprung, and saw Bruce in custody of the last witness—I also saw the prosecutor and Goodacre, and the prisoner Davis walking behind them.
WILLIAM GOODACRE . I live at 30, Great Peter-street—about half-past 12 or a quarter to 1, on the morning of Tuesday, the 11th, I heard a cry for help, opened my door, and went to see what it was—I saw a man lying on his face against the posts, and a woman running down St. Ann's-lane from him as hard as she could go—I saw an officer bring her back directly—that woman was Bruce—Davis was present at that time—I am not positive about the other one, I would not swear to him—afterwards when I went to assist the policeman to the station with the woman, one of the men came behind me, and caught hold of my collar; I don't know which one it was—I put my fist under his ear and sent him across the road—I am not sure that it was Fulbrook, but it was a taller man than Davis.
JAMES WHITE (Policeman, A 275). I took Fulbrook into custody on 23rd July, about 7 in the evening, at the Rifleman public-house—I told him I wanted him for a highway robbery with violence—he said, "All right, I know;" and made a rush towards the door—I caught hold of him—he said, "Let go"—we had then got outside, and a crowd collected—he said, "Let go, or I will hit you in the bleeding eye"—I put my hand towards my truncheon—he said, "Will you? I will run something else into you"—with assistance I took him to the station, put him amongst a number of thers, and the prosecutor picked him out as one of the men.
GUILTY . Davis and Fulbrook
PLEADED GUILTY to former convictions of felony. Davis in March, 1860, Sentence three years; and Fulbrook in December, 1862, Sentence three years.**— Seven Years' each in Penal Servitude.
BRUCE.— Confined Twelve Months.
MR. CUNNINGHAM for the prosecution stated that the prosecutor, who was a seaman, had gone to America, and that he should therefore offer no evidence against the prisoner.
NOT GUILTY .
THIRD COURT.—Saturday, August 19th, 1865.
Before Mr. Common Serjeant.
795. DANIEL O'BRIEN (19), JAMES CONNOR (18), and JAMES KELLEY (18), Burglariously breaking and entering the dwelling-house of Frederick Flakey, and stealing therein 18 yards of cloth, and 2 jackets, his property.
MR. DALEY conducted the Prosecution.
URIAH HARVEY (Policeman, A 65l.) At 2.30 on Sunday morning, 15th July, I was on duty in Artillery-street—from what I was told I went into Crispin-street, where I saw the three prisoners and three other men coming quickly towards me—I saw one of them throw something into a dark doorway—four of them ran back into Union-street—O'Brien and another man came towards me—I took hold of O'Brien, and the other man ran away—I called out, "Stop thief;"—I took O'Brien to the station, and shortly after the other two prisoners were brought in—I went back to the dark doorway, and found this piece of cloth (produced).
JOHN McKENZIE (Policeman, H 162). About 2.30 on 15th July, I was on duty in Union-street, and saw four men running—I ran after them, called to H 150 at the end of the street to stop them—Connor turned back, and I took him—I then went to the prosecutor's house, and found that the shutters had been forced open—a few watches were found on Cornor.
JAMES CAWLEY (Policeman, H 150). I was at the end of Union-street a little before 2 o'clock—I saw Connor and Kelley running, followed by McKenzie—he told me to catch hold of them—I took Kelley to the station.
ROBERT FLAKEY . I am a tailor, of 6, Artillery-street, Christ-church, Middlesex—on Sunday morning, 15th July, I was awoke by the police—I went down stairs and found that my shop window had been broken open—I missed eighteen yards of tweed and two large coast—this (produced) is part of the property—the value of the property taken away is between 3l. and 4l.—the screws which fastened the shutters had been broken in halves.
JOHN KELLEY . I am a tailor, and live at No. 11, Artillery-place, opposite the prosecutor's—between 1 and 2 on the morning of 16th July, I was on the parapet of my house—I saw four or five men at Mr. Flakey's shop—I saw the shutters opened, and then I heard a smash of glass—about ten minutes afterwards I went down stairs—the men were still there—I called, "Police!" and they all ran away with the exception of Kelley, who was getting through the window with a piece of cloth in his hand—he ran away afterwards.
Kelley. Q. How can you swear it was me? A. There is a lamp at the corner and I saw you distinctly—I was only about four yards off you.
Kelley. Q. What do you recognise me by? A. By the colour of your hair and your features—I saw you distinctly by the light of the lamp.
Witnesses for Kellers Defence.
ELLEN CRAIG . I am a grocer and cheesemonger, of Dorset-street, Spital-fields—Kelley came to my shop about 1 o'clock on the morning of the 16th July, and bought some soap—he said he was going to Victoria Park to bathe.
JAMES GOODGE . I am foreman to Mr. Downing, a cabinet-maker—the prisoner Kelley has worked for him between four and five years—I had made an arrangement with him and Connor to go to Victoria-park to bathe.
O'Brien's Defence. I had just come from the Victoria Theatre, and know nothing of the robbery.
Kelley and Connor stated that they were going to Victoria-park to bathe, and knew nothing of the robbery.
GUILTY .— Confined Nine Months each.
MR. DALEY conducted the Prosecution.
ALPRED GARNER HOLLAND . I am an outfitter, of 120, Murray-street, Hoxton—on Sunday morning, 23d July, at about 1.30, I was in Nortonfolgate—Hurley and two females came up to me—Hurley snatched my watch guard and ran away with my watch—Eady was with her—they both ran away, and I ran after them—when I got to Spital-square I was knocked down by Hill—I returned to Norton-folgate, went to the police-station, and gave information—I did not see the other two prisoners—there were eight or nine altogether—they were not near when the woman took my watch—the watch and chain are worth about 3l. 10s.
JOHN LILLICRAP (Policeman, H 183). I took the two female prisoners into custody, and also Mace, between 1 and 2 on the morning of 23d July—the prosecutor had described the prisoners—I had seen all five of them together just before I took the two females.
EDWARD MANTON (Policeman, H 194). I took Hill and Hunt—Hill said, "God blind me, some of you slops are going off your chumps"—they tried to get away—I handed Hill over to the custody of H 28, and took Hunt—while going through Cobbett's-court I saw a watch and chain in Hill's hands—he threw them into the street and I picked them up.
Hurleys Defence. The prosecutor accosted me, and asked me to have something to drink—he said he would give me a shilling if I would go down a street with him, and he put his hand in my bosom and also up my clothes.
hills Defence. I was going to the Cattle-market, and know nothing of the watch and chain.
Mace's Defence. I was going after some work.
HILL— GUILTY .*— Seven years' Penal Servitude.
HUNT— GUILTY .**— Seven Years' Penal Servitude.
MACE— GUILTY .— Confined Eighteen Months
HURLEY— GUILTY .*— Confined Eighteen Months.
EADY— GUILTY .**— Seven Years' Penal Servitude.
MR. LEWIS conducted the Prosecution;MR. METCALFE defended Smith, and
MR. RIBTON defended Watson.
There were seven Counts in the indictment; upon the first and sixth no evidence was offered, and on the remaining Counts,MR. METCALFE contended that the room in which the offence was alleged to have been committed, was not a public place within the meaning of the Act of Parliament. THE COURT reserved the point, and a verdict of
GUILTY was taken or the fourth, fifth, and seventh Counts only.
Before Mr. Justice Byles.
MR. LEWIS conducted the Prosecution.
MARY ANN LOVELACE . I am the prisoner's wife—we lived at Maria-terrace, North Woolwich-road, Plaistow Marsh—on 3d July we went to bed together about 10 o'clock, and I went to sleep—I was awakened once or twice by the prisoner getting out of bed—he said that he was going to get a drink of water—I afterwards received a blow on the side of my head—I do not know what with—the prisoner was then lying by my side—I said, "Oh, what have you done," and made my way out of the room to Mrs. Hayes' as quick as I could—a policeman came and I went to the next house, leaving the prisoner in the room—we had had no quarrel that day—we had a few words about the children a week before—I have seven children.
JOHN CUNNINGTON (Policeman, K 153). I was called to 2, Maria-terrace, and found the prosecutrix bleeding in the passage—from something she said I went into the kitchen, and found the prisoner lying on the floor on his back in a pool of blood, and with cuts on his throat and arms—he said, "Is the—dead?"—I said, "No"—he said that he would do for her if he could get at her—I asked what cause he had for doing it—he said that she had been winking at a half-black b——all day—I asked him if that was all—he said, "Yes, and plenty too"—I sent for a surgeon, who dressed his wounds, and I took him and his wife to the London Hospital—I found this small knife by the bottom of the bed, not in the room in which they had slept, and this hammer by the bedside—the bed clothes were all covered with blood—he is a shoe-maker, and has a shop of his own—I found this other knife by a chair in the bed room, where it is supposed he cut his throat—I have been on that beat about three months, but know nothing of them.
GEORGE WELLAND McKENZIE . I am house surgeon at the London Hospital—the prisoner was admitted on 4th July, with various wounds, which I should say were self inflicted—the prosecutrix was admitted about 4 o'clock in the morning—she had a large lacerated wound on the scalp, on the right side, and a smaller wound below it, also four wounds on her face, which had been done by a blunt instrument; two of them were on the forehead and one communicated with a fracture of the bone of the face, under the left eye—this hammer would produce such wounds—she was in the Hospital six weeks.
COURT. Q. Suppose a man to give a blow with all his might on the scalp with either end of that hammer, would not it fracture the skull? A. I should think if it came directly on the scalp it would—I conjecture that it missed the head, and so grazed it—it is impossible that the hammer could have been driven with all his force against the skull—there was no fracture of the skull under the laceration—the wounds on the prisoner were done with a knife or sharp instrument—he had one superficial wound on his throat, just through the skin, two on his right arm, and six on his left, nine wounds altogether—I could not tell whether he had been drinking, he was almost insensible—he remained in the Hospital about six weeks, within a few days of the time his wife remained.
the prisoner at the London Hospital—I said, "I suppose you know the purport of my business, Lovelace?"—he said, "I do"—I said, "I shall take you in custody for cutting and wounding your wife, with intent to murder her, and also for an attempt at suicide"—he said, "What I have done, I have done; she had been winking at a half-black man all day; she has tried all she knowed to get me out of house and home"—he is a journeyman shoemaker.
Prisoner's Defence. On the Monday morning I got up, and was sweeping the threads away; she said, "Where to hell are you sweeping your rubbish to; I have a d——d good mind to sweep it back again. "She was continually talking to a butler, who was laughing with her all day; I shifted my seat at tea three times, and then they shifted theirs, and made me a regular laugh; we had several pots of ale, and the butler wanted to fight. I sent for some more beer and gin, and knew no more till next day.
GUILTY of unlawfully wounding .— Confined Twelve Months .
Before Mr. Recorder.
MR. DALEY conducted the Prosecution.
JOSIAH ERASMUS HINES . I am a ginger beer manufacturer, of Hoxton—on 18th May, I was in Hare-street, Woolwich, with a van of ginger beer—I left my coat in the van to go into a shop for orders, and left the van in the prisoner's possession—as I went back I saw him leaving with my coat—he got fifty feet away before I could catch him—I took him by the collar, and asked him for it—he said, "I only took it for a lark; I was going to give it back to you"—I said, "I shall take you for a lark," and gave him in custody—this (produced) is my coat.
JAMES JACKSON (Policeman, R 263). I saw the prisoner and prosecutor struggling—I was not on duty—the prosecutor gave the prisoner into my charge for stealing his coat—the prisoner said that he would make Hines pay for tearing his coat.
Prisoner's Defence. I saw the coat lying about two feet from the van, near the wheel; I thought it had dropped off some other cart, and picked it up.
GUILTY .—He was further charged with having been before convicted at Wool-wich in April, 1864, to which he
Seven Years' Penal Servitude.
Before Mr. Justice Byles.
FITZGERALD, PLEADED GUILTY .— Seven Years' Penal Servitude.
MR. DALEY offered no evidence against O'BRIEN.
NOT GUILTY .
MR. COOPER conducted the Prosecution, and MR. BESLEY the Defence,
LAWRENCE FRANCIS BARRETT . I live at 10, Slade's-place, High-street, Deptford, and am a carpenter, and also paid agent to the Royal London Friendly Society, 51, Moorgate-street—on 23d April last, the prisoner entered my service as a clerk, at 15s. a week—his duty was to collect moneys and enter them on the receipt cards kept by the members, and also in a collecting book which he had for the purpose, and to deliver the moneys he had received during the day, to me at night—I subsequently increased his wages to 17s. 6d., and after that to 1l. a week—he remained in my service till July last—he did not pay to me on 26th June, 1s. 9d. received from Charlotte Smonton, or on 5th July, 9s. received from Mrs. Scotter—the week he was given into custody I asked him if he had received it, and he denied it—he has never paid me 5s. 8d., received on 6th July from William Haggerty—I am answerable to the Society for the money that is received.
Cross-examined. Q. I believe you are one of the Trustees of this Society, as well as the agent? A. Yes, and also a member of the committee—I am in receipt of 31s. 6d. a week for attendance as a committee-man—I have 25 per cent. commission on all the receipts—I get 6s. a week for office rent—I get 3d. in the pound for travelling expenses, beyond the 25 per cent—Mr. Hallam. received the total amount for new members for the first five weeks of their belonging to the Society, I did not—he received that in addition to his salary—Mr. Joseph Degge is the secretary of the Society—this is his signature to this paper (produced)—I am cognizant of this young man having been summoned to Guildhall, under the Friendly Societies Act, for sums, previous to 22d March—Mr. Degge is here—I called these irregularities to the prisoner's attention, and he said if we would only wait they should be paid by the end of June—I had to give my book up by that time—he did not pay, and the Secretary took proceedings, and then the prisoner's aunt paid me the money due up to 22d March—the prisoner had to call upon two or three hundred persons—he received sums varying from I. to 8s. a week—I went to Birmingham in November, 1864, and was absent till March, 1865—I did not give the prisoner directions to account to my wife during that time—he was to pay my emoluments to the office—I did not authorize him to get money for my wife—since my return he has had to account to my housekeeper, if I was not at home—I had to account weekly to the Society, except when I was away—I have never forgotten to take the money, I have always taken it—I gave the prisoner notice on 3d July, that I should not want him after that week; and on the 10th I took the book, in his presence, and gave it to the new collector, and asked the prisoner to go round with him on that day, and I would pay him for his time—the new collector received the accounts from 10th to 17th July—I have the members' cards here—here is the receipt for the 1s. 9d.—there is 1s. 3d. on one card and 6d. on the other—I am prepared to swear that every figure on this card is the prisoner's—I did not get 5s. 4d. from Scotter before I went to Birmingham the last time—my wife has not been in the habit of receiving money—receipts should be given on the receipt cards, nothing more—it is not the practice to initial the different sums received—the prisoner was bound to give me one month's notice whenever he was going to leave—on Saturday night, the 22d, I found him at Hart's, playing at bagatelle—Mr. Degge was with me—I gave the prisoner into custody then—he said he knew he had received the money, and if I waited till Monday it should be paid to me—he was locked up that night, taken before the Magistrate on the Monday, and remanded for further cases to be brought forward—Smonton's case was mentioned the
first time, all these cases were mentioned afterwards—I have got a list of the sums on paper, making up the 3l. 2s. 4d. that, is deficient.
COURT. Q. Before he said, "If you wait till Monday you shall be paid," had you charged him with receiving certain sums? A. I bad; I told him that it had come to my knowledge that ho had received 9s. from Mrs. scotter, and 5s. 8d. from Mr. Haggerty, and he said if I waited till Monday I should be paid—there are between thirty and forty cases on this paper which I produced before the Magistrate.
ELIZABETH SCOTTER . I am a widow, and live at 17, Hamilton-street, Deptford—I am a member of this Society—the prisoner was in the habit of coming round to me to receive money—he came on 5th July—I paid him 9s. then—that was for nine weeks for myself and nine weeks for my mother—I gave him my card and my mother's, and saw him write on them.
Cross-examined. Q. Did you at any time pay Mr. Barrett 5s. 4d. for arrears? A. I paid it to Mr. Hallam, in the presence of Mrs. Barrett—that was previously—I think a few weeks before 5th July, but then I had not my cards with me—I have never paid Mrs. Barrett any money herself, or the housekeeper—this is my card—it is in the same state now as it was on 5th July, as far as I know—I gave it up to Mr. Barrett on the Monday, on the first examination—I did not see the new collector on 5th July, not for a week, or a fortnight afterwards.
COURT. Was he introduced to you by the prisoner? A. No, ho was not with the prisoner—I paid that young man only 6d.
WILLIAM HAGGERTY . I am a greengrocer at Greenwich, and am a member of this Society—on 5th July the prisoner called at my stall in Greenwich-market for my subscription—I paid him 5s. 8d., 3s. 6d. on my own account, and 2s. 2d. for another member—I did not give him my card—he usually called at my house and put it on the card—I was not at home then—he did not call after that.
Cross-examined. Q. There is no entry at all on your card? A. No, he has never put down a fortnight's money for me before I have paid it—on 4th July he came round with the new collector—it did not suit me to pay on that day, and then he called on the Thursday—there was no card there then—he ought to have gone to my place and put it down afterwards.
CHARLOTTE SMONTON . I am the wife of Enoch Smonton, of 14, Black Horse-bridge, Deptford—we are both members of this Society—I pay the money—I remember the prisoner coming to me in June, I don't recollect the day—I paid him 2s. 6d., three week's money—I did not pay him 1s. 9d. at any time, that I remember—I had heard—I saw the prisoner put something down on it.
Cross-examined. Q. Can you road writing? A. No; I can't tell whether my card is in the same state—I am sure of the sum—if any one has put down 1s. 3d. and 6d., that is wrong—I pay 9d. a week, and I paid three weeks, that in 2s. 3d.—that was the last time I paid to Hallam—it was on a Friday in June—I don't know the date.
CUORT. Q. Did you pay regularly? A. No; whenever he called I used to pay him—I never paid him 5s.
LAWRENCE FRANCIS BARRETT (Re-examined). I can speak to this 3 and 6 being in the handwriting of the prisoner—they are written or erasures—I mentioned that circumstance to Mr. Hallam, and he said he put down 2d. first, and the member paid 3d., and he then altered them—the cards are in the same state now as when they were delivered to me—I have done nothing to alter them.
MR. BESLEY. Are you quite sure that the figures on the cards of Haggerty and Scotter, are in the handwriting of the prisoner? A. Yes; I am sure they are his—I bad no words with him about an apprentice named Casey—the prisoner was paid by me out of the sums I received from the Society.
CHARLES DIGLEY (Police-sergeant, R 18). I took the prisoner in charge on 22nd July—I charged him with embezzling various sums of money received by him for and on the account of the Royal London Friendly Society—at flint time he made no reply—as we were walking to the station he said, "I thought I should have had another opportunity of going over the ground, and then I could have made it all right."
Cross-examined. Q. Do you know that he is a married man? A. I believe he has a wife and one child.
MR. BESLEY called JANE FLOYD. I am a dressmaker at Greenwich—the prisoner is my nephew—on 18th July, I went with my elder sister to the Royal Friendly Society's office in Moorgate-street—we saw Mr. Degge, and asked him the amount of the defalcations—he said 3l. 2s. 4d. up to the time the books were made up to the end of June—he gave me this receipt—my sister asked him if he thought there was anything further—he said in his own mind not, but if there was, no further steps would be taken—I saw him afterwards at the police station.
GUILTY.—Strongly recommended to mercy .— Confined Six Weeks .
MR. WILL Conducted the Prosecution and MR. CUNNINGHAM the Defence.
WILLIAM HENRY TAPLIN . I manage the Eight Bells Public-house, at Greenwich, for my brother—In May lout I engaged the prisoner as barman—from certain suspicions that I had, on saturday 16th July, I called in a constable named Alvin—I marked two half-crowns and gave them to him to have them passed over the bar—that was about 7 o'clock—I afterwards looked in the till and found that they were there and subsequently I found that one was gone, one remained—about 11 o'clock when the business closed 1 called both the barmen into the bar—I told them I thought I was being robbed, and that I imagined the prisoner was the man that was robbing me—I then asked the prisoner if he had any objection to being searched—he said, "No," all he had in his possession belonged to him, and won what he had saved—we then went up stairs into his room, and in his box we found 1l. in small silver, rolled up in paper, and a silver watch—he had 34 or 35s. on his person, and amongst the money the constable discovered the half-crown that I had marked—I recognised it directly—I have not the least doubt it was the same—on the prisoner being taken before the Magistrate on the remand we searched his box again, and found another pound in silver wrapped up in paper, and 9s. more in another piece of paper—we never allow a barman to give change from his own pocket, we always have sufficient money in the till—when I looked in and saw the half-crown I should imagine there was about 25s. worth of silver in the till—when the prisoner came into my service, he asked me to intercede and get his money weekly, which is very contrary in the trade—he said he was short of money he bad 25s. advanced to him, and I afterwards let him have 10s.—that was some weeks before the night in question—he was in my service altogether eleven weeks.
Cross-examined. Q. You marked the half-crowns yourself I understand? A. Yes, the constable has them—I marked them with the point of a penknife in the earhole of the head, and in marking one of them the knife slipped—this is one of them (produced)—it was on the Saturday that I marked the half-crowns—there are three tills in my place, neither of them was locked—the half-crown found on the prisoner is not the half-crown given to the constable on the Sunday; it is one of those given to the constable on the Saturday.
COURT. Q. What wages did he receive during that 11 weeks? A. He only had the 25s. and the 10s. advanced to him towards his wages, he was to have 26l. a year.
JOHN SOAPER . I live at 4, Lamb-Jane, Greenwich—on Saturday evening 16th July, Alvin gave me two half-crowns, and told me to go to the Eight Bells, and get a pint of the best pale brandy, and to give these two half-crowns, which I did—the prisoner served me—I got back 1s. 8d. change—this is one of the half-crowns given to me by the policeman—I know it by the mark there, and it is the same date.
ROBERT ALVIN (Policeman, R 148). On Saturday 16th July, Mr. Taplin marked two half-crowns and gave them to me—I gave them to Soaper with certain instructions—he brought me back a pint of brandy and 1s. 8d. change—a few minutes before 11, Mr. Taplin called me in, with another constable—we went into the bar parlour—he called the prisoner and the other barman in and said to them "I have been robbed, and I suspect you of robbing me, have you any objection to being searched?"—the prisoner said, "No, all I have is my own, what I have saved"—we then went upstairs, where the prisoner sleeps, and searched his box—I asked him what he had got in it—he said that he had got clothes and all that was in it was his own property—I unlocked the box and in the bottom of it I found 1l. 9 1/2 d. in small change, and a watch with an old-fashioned guinea piece attached—I asked him if they belonged to him, he said, "Yes"—I asked him to turn out his pockets, he did so, and there was 1l. 14s. 10 1/2 d. in small change, and amongst the money I found one of the marked half-crowns I received from Taplin—I said, "Is this yours?"—he said, "Yes"—this is the one I can swear to—Mr. Taplin then gave the prisoner into custody—I asked him to what extent he had been robbed—he said he could not possibly tell, be thought about 16l.—the prisoner was taken before the Magistrate and remanded, and on the Monday morning I searched his box again—we turned everything out and I found wrapped up in a piece of paper, about a pound in silver, and in another paper I found 9s., and a few halfpence—the prisoner is a married man.
Cross-examined. Q. Did you get three half-crowns from the prosecutor altogether, two on the Saturday and one on the Sunday? A. Yes, he marked them in my presence—I marked the third one on the Sunday—I am sure I did not mark the two on the Saturday—if I have said that in my deposition, it is a mistake—there were three marked, and I marked one—this one found on the prisoner, was one of the two I got from Taplin on the Saturday.
MR. WILL. Q. What became of the half-crown that you marked on the Sunday? A. I gave it to Mr. Taplin again.
GUILTY .—Recommended to mercy by the Prosecutor
Confined Nine Months.
MR. HORRY conducted the Prosecution.
CHARLES RISDALE . I am a butcher's assistant—on 31st July I saw the prisoner take a case down from the door of Mr. Colebrook's shop, and walk up Cock-lane with it under his arm—I saw that same case before the Magistrate—I told Mr. Colebrook's shopman, the case was outside the shop.
SILAS COLEBROOK . I keep a fancy shop in Hare-street, Woolwich—on 31st July, at dusk, I had a glass case fastened to my shop door—from information I received I went up Cock-lane, and at the end I saw the prisoner with my case in his arms—it contained collars, combs, brushes, and other articles—I called a policeman, and gave him into custody, on a charge of stealing the case—he said he did not take it.
COURT. Q. What sort of a case was it? A. A case with a glass front, about 3 feet, or 3 feet 6 inches long—the prisoner was quite sober enough to know what he was doing—he appeared to have been drinking a little.
NOT GUILTY .
804. THOMAS MORRIS (17), PLEADED GUILTY to burglariously breaking and entering the dwelling-house of Harriet Ackfield, and stealing 8 lbs. of cigars, 20 lbs. of tobacco, and other goods. Confined Nine Months.
Before Mr. Common Serjeant.
MR. POLAND Conducted the Prosecution.
ESTHER LUCAS . My husband keeps a butcher's shop at 8, Dudler's-place, Deptford—on Saturday afternoon, 29th July, the prisoner came with a child and asked for half a pound of steak—she put a half-crown down—I immediately said it was a bad one, took it up, bent it, and defaced it—she said, "My husband gave it me," and walked out of the shop as quickly as possible with the half-crown, leaving the steak on the counter.
JAMES MIZEN . I keep a beer-shop at 21, High-street, Deptford—on Saturday, 9th July, about a quarter past 4, the prisoner came and asked for half a pint of porter—she gave me a bad half crown—I said, "I think I had better detain you, as I think you are a dangerous character"—she said, she got it from her husband who was a bricklayer—I sent for a constable, gave her into custody, and gave the half-crown to him after marking it—she afterwards paid me for the beer with a penny.
JOHN STANNAGE (Policeman, A 491). The prisoner was given into my custody for uttering this bad half-crown (produced)—Mr. Mizen gave it to me—I asked the prisoner if she had got any more—she said, "No"—nothing was found on her—she gave her address 25, Pleasant-road, East-lane, Wal-worth—I went there, but there was no such house nor any such person known there.
GUILTY *— Confined Nine Months.
The following Prisoners PLEADED GUILTY:
806. CHARLES SMITHERS** (26) , to burglariously breaking and entering the dwelling-house of Arnold Rogers, and stealing therein 5 shirts, and other articles, also to burglariously breaking and entering the dwelling-house of Thomas Sheppard, and stealing therein 1 pair of boots, and other articles; also to a former conviction of felony, in April, 1859, in the name of Charles Tubbs—Sentence Five Years . Seven Years Penal Servitude —and [Pleaded guilty: See original trial image.]
MR. HORRY conducted the Prosecution.
ELIZA SUSAN WHITEHEAD . I am a draper of 4, Church-street, Woolwich—about half-past three on the afternoon of 10th July I saw the prisoner walking out of my shop—she appeared to have something under her shawl—I immediately missed a roll of bed-ticking from a chair—I followed her and stopped her—I saw the ticking under her shawl, and gave her in custody—she said she had been in my shop in the morning to ask the price of the ticking, and had called again in the afternoon to purchase it, but found no one there.
EDWIN WEBB (Policeman, 49). I am a constable in the Dock-yard police—the prosecutor gave the prisoner into my custody—I took a roll of ticking from under her shawl—she said it was a mistake, she did not mean to keep it, she meant to take it back.
Prisoner's Defence. I went into the shop to buy the ticking—I knocked on the counter several times but no one answered. I saw some one in the back parlour and thought they were trifling with her. I took the ticking that they should follow me, but had no intention of stealing it.
GUILTY .— Confined Three Months.
PLEADED GUILTY .— Confined Twelve Months.
MR. LILLEY conducted the Prosecution, and MR. SLEIGH the Defence.
THOMAS WESTON . I am a corndealer of 30, Albion-road, Woolwich—Povey was my carman—on 13th July I gave him directions to deliver some beans to Mr. Cook, nearly opposite the prisoner Malings', who keeps the Green Man public-house, and has a corndealer's shop next door—there is a passage from one house to the other—(I live at Bexley-heath)—on Friday evening, 14th July, from information I received, I slept in Woolwich—I got up next morning before Povey, and went into my granary—I missed a quarter of beans and a quarter of oats—I called Povey up about ten o'clock and gave him in custody—I went to Malings' house and looked over the corn in his shop—there were three or four bins there—the policeman told Maling's what we had come for, and he gave us every facility to look over his premises—I did not find any oats.
Cross-examined. Q. When you told Malings the charge did he appear indignant? A. No; he said it was quite fair and right that I should come, he should do the same himself—he told me he had received twenty-four quarters of corn the evening before it was alleged he had received this from Povey—he showed mo the invoice—I examined the corn in his shop but could not identify any of mine—Malings appeared at the police-court, but I am not sure that he was sworn as a witness—he was at the police-court on three occasions, and I did not give him into custody until the third—I did not previously have an interview with Povey or any of his family—I know Sarah Shrub. I bad an interview with her—I did not say that if Povey
pleaded guilty and gave information against Malings I would recommend him to mercy—I never made any such promise to any person—Mr. Hughes, my solicitor, wished to call Povey as a witness before the Magistrate—I do not know what communication took place between Povey and my solicitor—I do not believe there was any—I was not present.
MR. LILLEY. Q. When was it Malings opened the corndealer's shop? A. I think on Thursday, 13th July.
HARRIETT COOKE . I am the wife of Robert Cooke, of Plumstead, nearly opposite the Green Man, kept by Malings—on Thursday, 13th July, I received from Mr. Weston by Povey two sacks of beans, about five o'clock in the afternoon—after he had delivered the beans he went across to the Green Man—he had a van, a young woman was in it—I was looking out at my parlour window and saw Povey take two sacks full of something out of the van.
COURT. Q. Where to? A. Towards Malings' shop door, but I could not see the door—he did not take them in at the door of the public-house—about ten minutes after the sacks were taken in another van came up laden with sacks.
Cross-examined. Q. Is there not a wall that intercepts your view of the prisoner's house? A. There is a small wall.
ANN HASH . I am single, and live at 21, Cannon-row, Woolwich—on Thursday, 13th July, I saw Povey at the Prince of Wales public-house, High-street, Woolwich—he bad a van with him, and asked me to get into it, which I did and we went to the Green Man—we stopped at a little cottage opposite the Green Man—I did not notice anything delivered at the cottage—I saw Povey take some corn out of the van into a corn-chandler's shop by the side of the Green Man—we had some beer at the Green Man—I did not see Malings on that occasion.
Cross-examined. Q. How long had you known Povey? A. I had seen him twice at the Prince of Wales—I am in the habit of going there—I am an unfortunate—I sat in the middle of the van, on some sacks, but he took them away—I did not notice any empty sacks being brought back—another van drove up while we were standing there.
JAMES BEER (Policeman, R 95). On Saturday, 15th July, I took Povey at his master's shop—I charged him with stealing oats—about nine o'clock in the morning I went to Malings' house—I asked him if he knew Mr. Weston, he said, "Yes"—I asked him if he knew his foreman, he said, "Yes"—I asked him if he had authorized him to bring any oats from Messrs. Dudin's of Bermondsey, he said, "No"—I asked him if he had re-ceived any oats at any time from him, he said, "None, whatever"—I asked him if he had seen him on Thursday, he said, "Yes" I was in consultation with him between the hours of four and six—I asked if he bad received any sacks containing corn; he said he had not—I left Povey in Mr. Cooke's charge while I went to Malings' house.
Cross-examined. Q. When you went to Malings' house, did he tell you you were at perfect liberty to search the premises? A. He did, and showed me the invoice of the corn he had had delivered.
JOHN POVEY (the prisoner). I was in Mr. Weston's service—on Wednesday, 12th July, I saw Malings at the Straw-wharf, Woolwich—he asked me what Mr. Weston was giving a load for his straw and what he was giving for his corn—I told him I could not say what he was giving for his corn—we went into a public-house at the side of the Straw-wharf—on Thursday I went to the prisoner and asked him if he would buy a quarter of oats, he said, "Yes; do
you think the governor will miss them"—I said, "No, I do not think he will"—he asked what I wanted for them—I said, "15s."—he said, "I will give you 14s."—I said, "Very well"—he told me to carry the corn into the corn shop, which I did—I shot one sack into a bin and he held that while I shot the other in—I put the empty sacks into the van—Malings went into the bar, got the money, and paid me.
Cross-examined. Q. Is this the first time that you have done business as a thief? A. It is the first time I took any oats—I took some horse feed and Mr. Weston forgave that—I have never said anything about Mr. Malings asking me whether my master would miss the oats until to-day, nor yet about the bargaining for 14s.
NOT GUILTY .
Before Mr. Justice Byles.
GAINES PLEADED GUILTY .— Confined Two Months.
MR. HARRIS conducted the Prosecution, and MR. LEWIS the Defence.
GEORGE HUMPHREY . I am a corn-porter, of 12, Clarence-street, Rotherhithe—on 26th July, about 8 in the evening, I was in doors, and heard a noise—I ran out, and saw Fennell strike Mr. Reed, and knock him down—as he was going down Gainey hit him on the face—Mr. Reed ran into a shop for protection, bleeding in the face.
Cross-examined. Q. After Gaines struck a blow, did you see them go into their house, No. 8? A. Yes.
JANE REED . I am single, and live at 8, Clarence-street, Rotherhithe—Fennell lodged in that house for about eighteen months—the deceased was my father; he was quite sober on Wednesday, 26th July, and I was sitting at the window, and I saw him at the top of the street—I saw him rowing, and went and told him to come home—when he got to our door Gainey hit him on the nose, and made it bleed, and while he stood in the road bleeding, Fennell knocked him down, and kicked him in the back—he ran into No. 10 to get away, and Gainey pulled him out, and kicked him again on the left side—he got up, and then Fennell hit him on the eye—he fell with the blow—my aunt ran over to take his part, and Gainey hit her, and raised a great lump on her head—Fennell's wife then took the prisoners in doors, and my father went in doors, and washed his face—he went to work next day, but came home ill at 12.30—he went to bed, but could not rest, and went down to my uncle's—he took to his bed on Thursday night, and did not get up any more—he died on Sunday morning—Mr. Frith attended him.
Cross-examined. Q. Was it not Gainey who knocked your father down, and kicked him on the back? A. Yes, but Fennell kicked him on the back as well—I said so before at Greenwich—on the Friday I saw that the skin was grazed on my father's back—it was a heavy kick; he had good big boots on—it happened only one door from me—I saw my father jawing Gainey before he was struck by anybody—Fennell has lived eighteen months in our house; he is not a peaceable young man; it is not the first time he has hit my father—my father was not a quarrelsome man; he was more quiet than other people in that neighbourhood.
ELIZABETH BRITGER . I am the wife of Thomas Britger, of 12, Clarence-street, Rotherhithe—on 26th July, about 8 o'clock at night, I was at my door, which is opposite to Mr. Reed's, and saw Fennell knock Mr. Reed down, and kick him twice in the back—when he got up he poured with blood from the mouth and nose—Gainey then struck him, knocked him down again, and kicked him twice in the side—he got up again, and I could not see him for blood—he ran into the sweet-stuff shop, two doors from his own house, and stopped in the passage till a policeman came, and then Fennell and his wife locked themselves in.
FORBES FRITH . I am medical officer for the parish of Rotherhithe—on Friday night, 28th July, about 10.30 o'clock I was called to Mr. Reed—his head was very much battered about—there was severe erysipelatic swelling, and the eyes were closed—his head was almost twice its natural size—he complained of great difficulty of breathing and pain in his side, and presented the appearance of having been severely ill-used—his throat was swollen and discoloured—he died on Sunday morning with appearance of congestion of the brain—I made a post mortem examination, and found a quantity of blood between the skull and the dura mater, as if from the rupture of one of the vessels of the brain—my opinion is that death was caused by concussion of the head, extravasation of blood, and rapid congestion—I found abrasion of the skin below the left shoulder.
Cross-examined. Q. I suppose the immediate cause of death was extravasation of blood on the brain? A. Yes; the viscera were perfectly healthy—he was about thirty-four years old, and was a fine, hearty, well-made man—the erysipelas was caused by the injuries—some people are more disposed to it than others; that had nothing to do with his death—I cannot say how long the extravasation had been going on; it was not from natural causes.
Cross-examined. Q. Did Reed offer to fight you? A. Yes; Gainey and me, opposite the Duke of Clarence—he asked us whether we were waiting for him—I did not see Fennell—I went into a public-house, and Gainey went out while I was drinking—I saw nothing of him afterwards.
Fennell received a good character.
GUILTY.—Strongly recommended to mercy by the Jury ,— Confined Two Months .
MR. LEE conducted the Prosecution, and MR. SHARPE the Defence.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. LEWIS conducted the Prosecution, and MR. NICHOLSON the Defence.
The evidence was unfit for publication.
GUILTY .— Confined Two years.
Before Mr. Recorder.
MR. COOPER conducted the Prosecution, and MR. RIBTON the Defence.
CHARLOTTE BONNIWELL . I am the wife of Rufus Bonniwell—we live at King-street, Richmond—he keeps an upholsterer's shop—about 11 o'clock in the morning of 2d August the two prisoners came and asked for a chessboard—I told them I did not keep them—they asked if I had a table with checks upon it—I showed them one—one said it would be too cumbersome, and the other did not think so—they asked me the price, and I told them 1l. 4s.—about an hour after, I felt in my pocket for my purse, and it was gone—it had been last in my pocket about a quarter of an hour before they came in—it contained a sovereign, 6s., and a silver pencil-case (produced)—during the time they were in the shop, they were close enough to have taken it—they passed from my left side to my right—one of them was examining the table—Alexander came close to me—there is no counter in the shop—nobody had been in the shop, or near me, after they left.
Cross-examined. Q. How long before they came had you seen it? A. From a quarter to half an hour—I had only just been through the shop to the room at the back—it was a leather purse with anelastic band—I went to the butcher's, and I had to take my purse out, to take some money out—I was putting it into my pocket just as I was coming into my shop—I never saw the prisoners before—they had left the shop about half an hour—the baker called, and I felt for my purse to pay, and missed it—no one had been in the shop, and I had not been out—I had not been talking to any one.
HENRY BRILL (Policeman, W 147). About quarter after 11 I was on duty at Richmond, and went in search of the prisoners—I appeared on the railway-platform at quarter to 12 or 12 o'clock—I saw the prisoners there—I asked them if they were natives of Richmond—they wanted to know what that had to do with me—I told them I had reasons for asking—they said they came from London—I said, "What part?"—they said, "What has that to do with you?"—I asked them if they had been in any shop in Richmond—they said, "Yes, several"—I asked them if they had been in an upholsterer's shop—they said, "No"—I took them back to Mrs. Bonniwell, who identified them—I took them to the station, and on Williams I found two cedar pencils, and two railway-tickets, one was Richmond to Vauxhall, and the other Richmond to Kingston—they bear the same date—I searched Alexander, and found on him 14s. in silver, and 5d. in copper—they both gave their addresses and I went there.
NOT GUILTY .
CLARK PLEADED GUILTY He received a good character. Recommended to mercy by the Prosecutor.— Confined Nine Months.
MESSRS. LILLEY and THOMPSON conducted the Prosecution, and MESSRS.
METCALFE and BESLEY defended Smith.
WILLIAM BALLARD . I live at 69, Cornwall-road—on 18th July, a little before 8 in the morning, in consequence of instructions, I placed myself very nearly opposite St. George's church, in High-street, Borough, opposite
Mr. Woser's premises—I saw a van drive up to the yard—Clark, the driver, and Goodall went into the Dun Horse public-house—after they came out the van was removed on the other side of the gate into Mr. Moser's premises—shortly after Clark backed the van into the gateway—I did not see what was done then—when it came out I saw a quantity of iron in it—all of it was not there when the van went inside, there was a singe bar on the top of the van when it was backed in—how it came there I don't know—when it came out there was round iron in bars and angle iron and a bundle of rods, "T. Smith, paid," was painted on one of the bars—the carman and Clark went into the Dun Horse again, and drank, and when they came out again, Clark went to his work and 'the van drove off—I drove after it to York-road, Battersea—it stopped at the back premises of the prisoner Smith—he is a smith and wheelwright—I saw the van partly unloaded there—Smith came out in his shirt sleeves, with a paper in his hand, while it was being unloaded—I then left and went back to Mr. Moser to tell him what I had done—afterwards, about 4 the same day, I went with, the constable Bell to Smith's premises—I saw the iron as soon as I entered the gate—I believe Bell asked Smith whether he had received any iron that morning—he said he had—he asked from whom—he said, "From Moser"—I said, "It is here" and he said, "Yes it is here, but I have an invoice"—he produced this invoice, and gave it to Bell—he was asked where the other part of the iron was—he said he did not know, for he was not there when the iron was brought—of course I knew it was him, because I had followed him on the 7th with iron from the same premises, but I thought he was noticing me in the cab, and gave it up—I saw Smith go into the Dun Horse with Clark and Goodall on that occasion.
Cross-examined. Q. What are you? Q. I am an agent of the Private Inquiry-office, in Devereux-court—I am not a policeman—it is not Field's office now, he has retired, Mr. Nicholls is his successor, he was partner with Mr. Field—I was in the Metropolitan police-force—I have thirty Years' character—I think I left the force 1837—I had been in if three or four years—I was not discharged, I resigned; I was not requested to resign or told if I did not there would be an inquiry into my conduct—I swear that—I was in the L division—I went into the country after that, into Norfolk first, I believe, not to Somersetshire—I was parish constable in Devonshire for some years—I left Devonshire about nine years ago, and then came to the Private Inquiry office—I left Devonshire as the constabulary came in—I was too old, the prescribed age is forty-five, and I was forty-eight—I have been with Mr. Field and his successor nine years—I did not take Clark into custody—I don't know that any promise has been made to him—I am not the confidential adviser of Mr. Moser—when I had found Smith I had nothing more to do with it, except to show Bell the house and premises—Smith said he was in the garden when the iron came—I can't tell whether he came from the garden, he came out of the yard which leads to the garden.
JOHN FIELD . I am an agent in the Inquiry-office. On the morning of 18th July, at 8 o'clock, I was with last witness opposite Mr. Moser's premises—I saw a van come up with the name of "Elliott, Wandsworth," on it, and I saw Clark go up to the carman, and they went into the Dun Horse—Clark afterwarwds backed the van into the yard—it was afterwards driven out again, with the iron in it—there were some flat pieces and some round and long bars—Clark was with the carman after the van came out; I did not notice that he went anywhere—they talked, and then the
carman went away—I followed the van to the back part of Smith's premises, down a lane—it did not drive into the yard—I saw Smith ten minutes or a quarter of an hour after the van drove up—I waited for Mr. Ballard to come up, we had to run—when Smith came out he had a paper in his hand—he looked at it, and gave orders to the carman—a portion of the iron was unloaded on Smith's premises—when I left Smith was there with the carman.
Cross-examined. Q. You were not examined before the Magistrate, I believe? A. No, I was not present—when the van was backed into the gateway I did not notice any iron on it—I could not swear there was not, I did not see it—I did not see a bar of iron—the lane I speak of is about thirty feet wide—this plan (produced) represents the lane and the house where the van drove up.
COURT. Q. Had the van began to be unloaded before Smith came out? A. No.
GEORGE NEALE . I am a warehouseman in Mr. Moser's employment—on the morning of 18th July I saw a van drive into the yard about five minutes past 8—half of the men go to breakfast at 8, and the remainder when the others return—Clark backed the van into the yard—there were then two flat bars of iron in it, one long bar and one short—I saw Clark put in first a bundle of sheet iron, next a bundle of five-eighth rods, inch round and inch square iron, two inch flat bars, and some two and a half angle bars—I judged there was about half a ton when I saw it go away—I went and communicated with Ballard to watch it wherever it went—he afterwards came and made a communication to Mr. Moser—I was called in and went with Ballard and Bell to Smith's premises at Battersea—I there found the iron which I had seen taken away—I asked Smith where the bundle of sheet-iron was and the bundle of rods—I had seen the other first—he denied receiving any other—Mr. Moser and I went into his back premises, and I saw the bundle of sheet-iron and the five-eighth rods on the side of the forge—I said, "That is the iron that was taken away this morning"—Smith replied "By-the-bye, I think my carman did bring a bundle of sheet-iron and a bundle of rods"—while we were there Smith opened the bundle of plate iron and commenced marking out. to cut up the first sheet in the bundle—I told him not to do it—he said he would not keep his men standing still, he must use it—I went again next day—I found the iron there then, there was one bar of iron short and one sheet of the bundle of plate iron short.
Cross-examined. Q. Did you hear Mr. Moser say that he did not want to keep the man's men idle? A. He said he had no objection to his using one sheet out of the bundle, but not the outside one—what Smith said at first was, "I have not received any sheet-iron or five-eighth rods"—he made no objection to our going to the forge—he said if he had not paid for the whole of the iron he would pay for it—I have not estimated the quantity of iron put into the van at six cwt.—I did not say before the Magistrate that I judged the load to be about 700 lbs.
MR. LILLEY. Q. Have you anything to do with the weighing of the iron? A. No, that is done by a man employed in the yard—the iron I saw on Smith's premises was the same that had been taken away in the van that morning.
COURT. Q. You say that when you went next day one sheet had been used, was that the outside sheet? A. No.
information I received, I went to Smith's premises, at Battersea, with Ballard, Neale, and Mr. Moser—I asked him if he had received any iron from a firm in the Borough that day—he said he had—I asked what firm—he said, from Moser's—Neale then said, pointing to the iron, which was close by, "That is the iron that was taken away from the firm this morning"—I then asked Smith if he had paid for it—he said he had—I asked if he had got a bill or invoice—he said Yes, he had—he then produced this invoice—I examined it and asked if that was all the iron he had received—he said, Yes, that was all—I said, "Have you not received some sheet-iron and some five-eighth rod iron"—he said, "No, I have not," but directly afterwards he said, "Yes, I have received some sheet-iron and rod-iron, but I was not present when my man brought it home"—I examined the bill and the amount, and said, "The five-eighth rods and the sheet-iron is not down here"—he said, "Is it not? probably my man has brought it by mistake"—I then told him that the whole of the iron had been stolen from Messrs. Moser's in the Borough, and that I should take possession of it—he said, "Well, I have paid for it, and it shall not leave my yard"—I spoke to Mr. Moser, and then said, "As you have paid for it, who did you pay"—he said, "My man paid Clark, I gave him two sovereigns, and 2s. to get himself some refreshment, and he brought me back 1s. change"—after a little conversation I left, and then went to the carman, with Smith, at 34, York-terrace, twenty or thirty houses from Smith's house—I saw Staines, the carman, and asked him if he had received any iron from a firm and brought it to his master—he said Yes, he had—I asked who he paid for it—he said, "Clark, I gave him 2l., and brought the iron away"—I asked if he knew anything about the sheet-iron and rod-iron being placed in the van—he said no, he did not know, he took the order from his master—he did not mention a written order at the time—I then went to Messrs. Moser's, and took Clark into custody—I showed him this invoice—I found on him 2l. in gold and 13s. 10d. and some pieces of paper—he wrote a paper and handed it to me—I produce it—I saw the iron weighed when it was brought back—it weighed between ten and eleven cwt.
Cross-examined. Q. Have you ever mentioned before to-day about asking Smith if he had paid for the iron? A. Yes, I said it before the Magistrate—my deposition was read over and I signed it—I complained of the omissions, they were not rectified—it was very late and the Court was about closing—I merely mentioned it to the clerk—it was in the yard that I asked Smith about having paid for it, before he went to fetch the invoice—I have not been in communication with Clark's wife—I have spoken to her on several occasions—I have not given her any money—I found this paper on Clark, and returned it to him with other pieces, thinking it valueless—I received it back yesterday—I saw it attached to the brief of the Counsel who defended Clark before the Magistrate—I know of no request made by Mr. Moser to be merciful towards Clark if he would give evidence—I don't know that any inducement has been held out—I don't know that Clark offered to give evidence before the Magistrate—I heard it yesterday afternoon for the first time—I heard that he was going to plead guilty, not that he was to be made a witness, and I don't know it now—amongst the iron that I weighed there was half a bar of flat-iron, probably about five foot long—this is the piece that has been sworn to—that is the only five foot bar answering to the description of five-foot by two and two-eighths.
office, and the is sent out to a man in the yard to serve him, who then brings in the customer, and gives an account of the goods looked out—on 18th July, Clark did not bring any order into the office, nor did I receive any money from him for iron supplied to Smith—no instructions were given to Clark to deliver any iron to Smith—on the morning of 18th July, I saw Clark loading a van with iron between 8 and a quarter past—I asked him who it was for—he said it was weighed up for a ready-money customer—Mr. Vining, who is stationed in the shop, makes out the invoices for ready-money customers—Clark said that he had given the ticket to Mr. Vining, and the goods were paid for at the time—I afterwards saw this iron weighed—the positive value of it is 6l. 5s. 2d.—that would be the charge made to Smith if he had bought it.
Cross-examined. Q. Does that include the sheet-iron and the rods? A. Yes—Mr. Vining is not the only person who makes out invoices—in his absence, I make them out, and so does the junior clerk—I, too, do not allow goods to leave with money owing; it has been done with Mr. Vining's consent—in small matters when we are not asked for receipts we do not give them—there is a person named Dakin at 158, another establishment, not at 165—he does not give invoices there—I can't say whether this is Dakin's writing—I have never known Dakin to receive any money at 165, he may have done so—I have seen Smith several times—I have never been to his place—there are twelve persons employed in my department at 165, and three clerks, including myself—altogether, there are thirty-five or thirty-six—we are busier in the middle of the day than we are earlier in the morning.
ALFRED JAMES VINING . I am clerk in the employment of Messrs. Moser—it is part of my duty to receive money from customers—I did not receive any from Clark on the morning of 18th July for iron supplied to Smith—I did not receive any from Staines, Smith's carman, or from any one, for iron supplied to Smith—I know Smith, he has been there and purchased iron—not often, more than once or twice.
Cross-examined. Q. Is it the proper way to give the order to Mr. Bowley? Q. It is—the customers often catch up the porters to serve them—it is not the custom; it is often done—the porters can obtain access to the invoice-heads—this is my writing—in December, 1864, Smith purchased goods of us—he paid 3l. on account, and left a balance of 1l. odd—I have known instances of carriers coining for goods previously looked out—I have not frequently received money from the porters, very rarely—that would be the money of the customers for which receipts have been given by myself.
MR. LILLEY. Q. Did Smith personally come on the occasion you have mentioned? A. Yes—I made out that invoice—the porters have no authority to give credit to customers, or to use billheads—this invoice which has been produced has got a heading—it is not properly cost up—I believe it to be in Clark's writing.
CHARLES BOWLEY . I am clerk in Messrs. Moser's employ—on 18th July, I did not receive any money from Clark or from any one on account of an order from Mr. Smith—I did not make out any invoice for Mr. Smith on that day.
Cross-examined. Q. Is this correct, "I do sometimes during the dinner hour take money in the yard"? A. Yes; I have occasionally.
MR. LILLEY. Q. From whom? A. Any casual customer that comes in.
was to supply customers with goods when they came, and to deliver the goods—I have seen Smith several times before; I know him as a customer—I went with Bell and Ballard to his house on the 18th, and saw the iron found there.
Cross-examined. Q. What was the conversation that took place with Smith? A. I think Bell asked the questions principally, and he brought a bill to me, and I asked him if he had purchased this iron, and he said he had paid 2l. and given the man 2s. to get some refreshment, and he should pay the balance some other day.
MR. LILLEY. Q. Was that after the statement made by Bell that the iron had been stolen? A. Yes.
MR. BESLEY. Q. Has any request been made to you to recommend Clark to mercy if he would plead guilty? A. Mrs. Clark stopped me yesterday, and asked me to be lenient to her husband, owing to her having four children—I said I would take it into consideration, and if he pleaded guilty and told the truth, I should instruct my Counsel to be lenient with him, on account of his wife and children.
JOHN CLARK (the Prisoner). I have pleaded guilty to the present indictment. I have known Smith seven or eight months. A week previous to 18th July, he told me that he had bought some iron, and that he had paid Mr. Sample in the office for it. He asked me to go and have something to drink, and he then said to me, "I want some iron," naming some different sorts; "if you can get that for me, I will send up some money for yourself." He was to send the first thing in the morning. On the Tuesday, about 8 in the morning, Smith's carman came, and I loaded him with four bars of angle iron, five bars of inch-square, two bars of three-inch, three bars of five-inch round, a bundle of five-inch rod, and a bundle of sheet-iron—he sent an order by the carman. This is the paper he sent—the carman gave me two sovereigns; they were in my pocket when I was taken to the station—the policeman did not take this paper, he never saw it; he took everything but that. I made out the invoice, because Mr. Smith's carman asked me to give him a receipt for what money he gave me.
Cross-examined. Q. Do I understand you to say that bit of paper was left in your possession? A. Yes, in my waistcoat-pocket—this is the paper; it was attached to the brief of my Counsel—I gave it up to Mr. Brook, my attorney, on the Tuesday following, on the second hearing before the Magistrate—it never went out of my possession till then—I showed it to my bailers—I did not find it on my first examination—I have been in Mr. Moser's service between seven and eight years.
COURT. Q. Was there any one with you in the public-house when this passed between you and Smith? A. There were other people there, but nothing to do with us—no person heard what passed, to my knowledge.
Witnesses for the Defence.
HENRY GREEN . I am a carrier, of Putney—I have been employed by Mr. Smith for years, and have been in the habit of going to Messrs. Moser's for him—I have taken orders like this, and got invoices with the goods—I have been refused invoices, but never for Mr. Smith's goods—I went to Messrs. Moser's on 12th July with Smith—he bought a little lot of iron, about four or five bars of 3/4 and 5/8 iron, and also a sheet of iron—he then ordered one of the porters in the yard to look out some round iron—I took away a sheet of iron on that morning—I don't know what the order was—I fetched the iron on the 12th—when it was looked out, Smith said he would call for it in a day or two.
Cross-examined by MR. LILLEY. Q. Where was that? A. In the yard—I know the day, because I entered it in my book on that day—it was about twenty minutes past 7 or a little before 8 in the morning that we went to Mr. Moser's—that is not an unusually early hour for a carrier to arrive in London—I had a pony and cart—I have been about three times to Mr. Moser's lately for Mr. Smith—I went on 28th July, and brought some horse-nails—I do not know Clark—my cart will carrey about eight or nine hundred-weight—I brought away about a hundred-weight and a half or two hundred-weight on the 12th—I have often gone there for goods for other persons—I have taken goods to the House of Correction—the clerk at the desk has denied me invoices at different times—I had never been before this as early as between 7 and 8.
MR. BESLEY. Q. I believe you write on a piece of paper the business you have to do, and enter it in your book afterwards? A. Yes—I did other things for Mr. Smith on this day—I did not work for any one else on that day—we got home about 4 or 5 in the afternoon—Mr. Smith stopped with me all that time.
HENRY STAINES . I have worked for Mr. Smith about twelve months—on 17th July he told me to go to Messrs. Moser's with my van for some iron—I took two short bars of iron and a long one with me, which were to go to Kirkland's, in Lambeth-walk, to be punched—I was to leave them as I came back—I went to Moser's first—I believe this is the piece of paper I took—Mr. Smith; gave it to me in the morning when I started, and said, "You give this to the foreman, and tell him you have come up for some iron"—he then gave me 2l. 2s. to pay for it—nothing was said about the price it was to be—I went to Moser's, saw Clark in the yard, and gave him the paper—he loaded me with the iron, and gave me a bill—I paid him 2l. 1s., because I had to buy some corn with the other shilling, and a little refreshment—he returned me the shilling, saying he would take even money, and I was to bring the rest next time—he then gave me a receipt for 2l.—he went back into the office after I paid him the money, and before he gave me the receipt—I went to Mr. Kirkland's, and was afterwards present at the unloading—Mr. Smith was not there all the time—I gave him the receipt I had from Clark—I cannot tell you the weight of the iron I brought down in my van—Mr. Smith came up out of the garden with a man named Monday, and did not stop two minutes; he merely took the bill, and said, "Halloa, Harry, you had not got money enough"—I said, "No, master, I have got to carry the rest next time."
Cross-examined. Q. Whose name was on the van? A. I think "Elliott, Wands worth"—I can read writing a very little—my master did not tell me to speak to Clark—I always did that every time I went there—I have been there a good many times—I did not go on the 12th—the last time I went was about a fortnight before this—I spoke to Clark because I always understood he was the foreman—the men at the gate said so—I went into the Dun Horse with Clark on the 18th, and he afterwards backed the van into the yard and loaded it, and we afterwards went into the Dun Horse again—I gave Clark the money near the gateway where I loaded—the 2s. was not given to me by my master for refreshment—he always allowed me something on the road—he did not see any of the iron unloaded—he was called away up the yard and I unloaded—he did not see whether the invoice and the goods in the van corresponded, that I know of—I put the iron just inside the gate.
MR. BESLEY. Q. Was there other iron there as well? A. Yes, I did not
move any iron to the forge I gave the shilling Clark returned to me to my master, and said I was to take the other next time.
COURT. Q. Were you examined before the Magistrate? No, I knew of my master being charged with stealing these goods—I was subpœnaed to come up here—I was not asked to go before the Magistrate.
GEORGE WHITE . I am foreman to Mr. Smith—on 18th July I saw two gentlemen come to our premises, and saw some iron taken away which was there previously to 18th July, one short piece about 5 feet long—I have only missed that one piece—I saw the iron in one corner of the shop, and I brought one sheet of it round to the forge where I was going to use it—I had marked it out for using—Mr. Smith was in want of that description of iron at that time—we had orders for all of it.
Cross-examined. Q. What is the value of that piece 5 feet long, about 1s. is it not? A. It might be about that.
COURT. Q. Did you see it just inside the gateway? A. Yes; I do not know who moved it from there, I only moved one sheet—I left the others in the same place.
GEORGE BICKLEY . I am a solicitor, and have been engaged in Mr. Smith's defence—I appeared for him before the Magistrate—I was surprised that Staines was not called for the prosecution, and it was by my advice that he should not be called for the defence—the Magistrate had intimated that he should send the case for trial—I heard the witness Neale examined and took notes of what be said—he was asked by Mr. Woolrych what he thought the weight of the iron was, and he said, "I guessed it at 7 cwt."
Cross-examined. Q. Are you confident that you mode those notes at the time? A. Yes, from the mouth of the witness.
SMITH received a good character.
GUILTY.—Strongly recommended to mercy by the Jury .— Confined Eighteen months .
MR. BESLEY conducted the Prosecution,MR. MONTAGUE WILLIAMS defended Gray, and MR. HARRIS defended Taylor.
JAMES ROBERTS . I am a drover in the employment of Mr. Alfred Black, a carcase butcher—on Monday, 3d July, I marked 4 beasts with B on the rump and 3 clips on the hip—on the Wednesday following I saw them in the New Cattle Market—they were then in the possession of the Corporation—they were given up to me by the police—they looked as if they had been driven very fast—their coats were all clodded together as though they had been through a lot of dust and then had some water thrown over them—their feet and legs were very stiff—they were the same that I had marked on the Monday.
BENJAMIN DONKIN . I am a law writer, and live at Maria-terrace, Rotherhithe, nearly opposite the gate of Mr. Black's field—it is about 25 or 26 yards from my first-floor window—on 3rd July, about half-past 11, I was sitting there, and heard the rattling of the chain at the gate—it was a beautiful clear moonlight night—I looked across the road and saw the two prisoners at the gate of the field—Gray opened the gate and went into the field and drove the cattle towards the gate—Taylor stood by the gate, and as they came through he just backed into the road, threw up his arms, and made a noise with his mouth, and turned them up the road towards London
—Gray then closed the gate and went along the field on the inside—I did not see him get into the road—Taylor drove the beasts as far as I could see—I spoke to William Matthews and remained where I was till a policeman came, which was in about twenty-five minutes—I spoke to the policeman—there is a lamp on the road on the same side as my house, about 40 yards off—I saw Taylor pass under that lamp—he was under my observation altogether I should think about seven or eight minutes and Gray about five minutes—on the following Thursday I went to Rotherhithe police-station, where I was shown into a room where were ten persons, I believe, with the two prisoners—I pointed out Taylor first and Gray afterwards.
Cross-examined by MR. WILLIAMS. Q. Did you lose sight of Gray the moment he left the gate? A. Yes, I have said I could not distinguish the features of the men.
MR. BESLEY. Q. Tell the Jury the reason you picked out these two men? A. By their dress.
WILLIAM MATTHEWS . I live at the same house as the last witness, and am a timber porter—on Monday night, 3d July, I was walking along the Kew-road, from my work, and saw the prisoners standing at the gateway of Mr. Black's field opposite my house—one was in the gutter and the other close to the gate—I heard Taylor say, "I wonder what o'clock it is?"—I then went to my gate and stopped there, the men stood for a few minutes, and the taller man opened the gate and went into the field and drove four beasts out, and the shorter man turned them towards the Kent-road—the man who drove them out put the gate to and then went up behind the hedge right through the field and I never saw any more of him, the other one went along the road with the beasts—in passing the lamp I observed the colour of the beasts—it was a very clear moonlight night—ten yards was the shortest distance I was from the men—I was ten yards from Taylor when he was in the gutter, and when I heard him speak—they were ten minutes under my observation to the best of my knowledge—on the following Thursday I went to the Caledonian-road police-station and from there to the Metropolitan Cattle Market—at half-past three in the afternoon I went round the market and saw Taylor sitting on some fencing—the moment I walked to him he got off and began to stroll round the market—I followed him and he went into a bank—I went in to light my pipe thinking it was a public-house, and met Taylor at the doorway and asked him for a lucifer—he said, "I will feel in my pocket," and I recognised his voice instantly—I went and told the police and he was given into custody about three minutes after—I afterwards saw Gray driving some sheep in the market, and he was also taken—these are the two men I saw at the gate of Mr. Black's field, Taylor especially, and Gray to the best of my belief—I did not hear him speak.
Cross-examined. Q. You found your belief on the dress Gray had on? A. Yes.
Cross-examined by MR. HARRIS. Q. And you found your belief as to the other man upon his voice? A. And his dress and face—he was standing with his face towards a hedge—I saw the side of his face—I speak to him from his appearance and his features.
RICHARD STOCK . I live at 21, Gaywood-street, London-road, and am a private watchman—my wife keeps a coffee-stall in the London-road—on the night of 3d July I was there assisting her—I saw some bullocks in the road and saw one man behind them—another man came up to the stall and asked for a cup of coffee—that is the man (Gray)—ten or eleven days afterwards I picked him out from over a dozen persons at the Greenwiche police-station
—I am sure he is the same man—I could not be mistaken, because I was so close to him in taking the penny for the coffee.
Cross-examined. Q. About what time was this that the man came to you? A. About 12—a great many drovers come to my stall for coffee—it is a regular place for cattle and drovers—I know him by the dress he had on then.
COURT. Q. From his dress only? A. Oh yes, his features.
ROBERT THWAITES (Policeman, 153). Early on Tuesday morning I was on duty in the York-road which leads from King's-cross up to the Cattle Market—the Butchers' Arms is about 500 or 600 yards from the market—about ten o'clock I saw Taylor and another man, not in custody, waiting there with four bullocks—after a few minutes Gray came up from the direction of Maiden-lane—he joined Taylor and the other man, and they all went up in the direction of the Market together—Gray said, "Good morning, old people," as he passed me—I was standing under a lamp, and there was another lamp a short distance up towards the market—Taylor was about ten yards from me—Gray passed close to me—I have known Gray about 12 months and Taylor about 6 or 7 months—I hare frequently seen Gray in the market, and knew him as a drover—I afterwards spoke to my inspector.
Cross-examined by MR. WILLIAMS. Q. That was Inspector Barber, was it not? A. Yes, I told him I should know the men again if I saw them—I told him that the man's name who spoke to me was Gray—I told him that I knew Gray was the man who spoke to me—(The witness's deposition being read slated, "I told the inspector that I should know the men again if I saw them, but I did not tell him that I knew their names," also "I have known Gray about 12 months but did not know his name")—I have no recollection of telling the inspector that—I believe I told him that one of the men was named Gray.
Cross-examined by MR. HARRIS. Q. When were you called to see them again? A. On the Friday week following—I gave a description of the beasts.
MR. BESLEY. Q. How many times did you see Barber? A. I only saw him once about this, about 8 or 9 days after—Gray was pointed out to me perhaps 3 or 4 months ago by a man in the market, who said his name was Gray—I did not know Taylor's name at all, or the third man's.
HENRY WILLIS (Policeman, N 319). On Tuesday morning, 3rd July, I was on duty in the New Cattle Market—I went to Mr. Wilding's slaughter-house and killing-ground about quarter-past 1 and saw 8 beasts, four small ones and four large ones, one white and three red and white, the same that I afterwards gave up to Roberts—I did not see them brought there—I met the two prisoners and another man about twenty yards from the killing ground, coming away from it—there was a lamp on the opposite side, about fifteen yards from where they passed me—they passed me about two feet and a half off—I looked at the beasts, went away for about a quarter of an hour or twenty minutes, came back and met the prisoners coming from the ground again—I did not see the third man there—I reported to the Sergeant the same morning—on the following Thursday morning I went into the market about 5, and pointed Taylor out, and about 8 I pointed Gray out—I then fetched Matthews from Rotherhithe—he also pointed them out, and they were taken into custody.
Cross-examined by MR. HARRIS. Q. What time was Taylor taken? A. About three in the afternoon.
MR. WILLIAMS called
REUBEN RACKETT . I am a drover and cattle dealer at 9, Southampton street, Vauxhall—I know Gray well—on the Monday before he was taken into custody I saw him at three o'clock, then at five, and again at ten—at five he went with me to fetch two lambs—I left him at a public-house near the railway—it is about five or six miles, I should think, from Vauxhall to Rotherhithe by road—I did not see where he went when he left me at ten o'clock.
Cross-examined by MR. BESLEY. Q. Monday is called market day, is it not? A. Yes—there are more cattle coming out from London than going in on that day—very few go in on a Monday night.
GEORGE HUMPHREYS . I am a guard on the London and South-Western Railway, and live at 2, Hannah-place, Wandsworth-road—I remember Monday, 3rd July, the Monday before Gray was taken—I saw him on that day about half-past ten, or twenty-five minutes to eleven, at the entrance to a fair in Princes-street, Lambeth—the nearest part of Rotherhithe is between four and five miles from there.
Cross-examined. Q. What makes you say it was half-past ten? A. Because I had been round the fair and then went home, and when I got to Burnett's distillery the clock was striking eleven—I saw Gray with his wife before I went round the fair, standing at the gate—I always make it a rule to wind the company's time-piece up at ten—I had omitted it that night, and I wound it up at eleven by Burnett's clock—I was not before the Magistrate.
COURT. How far is it from Princes-street to Burnett's? A. About three hundred yards, I should think.
THOMAS SMITH . I am a warder at the Mill bank Convict Prison, and live in the same house as Gray, 1, Goding-street, Vauxhall—I remember the Thursday he was taken—on the Monday preceding that I saw him from twenty to twenty-five minutes past eleven in the evening, coming into the passage of my house—he afterwards went and fetched my beer and his own at the Vauxhall Tavern—he came back about five minutes to twelve—he did not leave the house after that time till six in the morning—my wife was confined on the Sunday night—on the Monday night she was very ill, and I sat up with her the whole night, and in my kitchen I can see every-one who goes out or comes in—if Gray had left the house after twelve that night, or before six in the morning, I must have seen him—there is no other way out.
Cross-examined. Q. Are you a warder now? A. I am on sick leave now—I did not sit up on the Sunday night—the nurse was there—she was a hospital nurse, and she only came when she was sent for—I did not sit up on the Tuesday night, only on the Monday—I went to bed at eleven on Tuesday—I did not see Gray that night—I was before the Magistrate but I was not examined.
MR. WILLIAMS. Were you there for the purpose of giving evidence? A. I was—I have known Gray about fifteen months.— NOT GUILTY .
Before Mr. Common Serjeant.
MR. POLAND conducted the Prosecution,
THOMAS RADFORD . I am a fishmonger, of Southwark-bridge-road—on 1st August, about eight in the evening, the prisoner came and asked for two herrings, they came to 2 1/2 d.—he gave me a florin—I gave him change 1s. 6d. and three penny pieces, and he left—he was very drunk—I found the florin was bad, and placed it on the mantel shelf in the parlour—I saw the
prisoner again about an hour afterwards—I recognised him—he asked me for a pennyworth of shrimps—I said, "Have you change for a 2s. piece about you?" and I accused him of passing me a bad florin, and said I should give him in charge if he did not give me the change—I could not understand what he said—I gave him in charge and gave the florin to the constable—he appeared to be sober at that time.
HENRY STROUDLEY (Policeman, N 53). The prisoner was given into my custody—I heard something fall from his hand on to the grating and into the area—it sounded like money—I took the prisoner to the station and found on him 6d. and a penny—he was quite sober—I afterwards went back to the area, and found this shilling.
The prisoner's statement before the Magistrate: "I did not know the florin was bad. I believe I received the shilling from the prosecutor. I never was in trouble before."
Prisoner's Defence. I took the 2s. piece in selling flowers. I had no idea it was bad.— GUILTY .— Confined Six Months.
MR. POLAND conducted the Prosecution.
LOUISA AUSTIN . I am barmaid at the Canterbury Hall—on 4th August the prisoner came to the bar, asked for a glass of 6d. ale, and gave me a shilling—I told him it was bad—he said, "I have another one I will give you"—he then gave roe a good one and I gave him change—I bent the bad one and he bit a piece out of it, and said he would take it back to where he had taken it, which was at an eel-pie shop opposite the Victoria Theatre—he then went away.
Prisoner. Q. Can you swear I am the boy? A. Yes, I saw you again next day—you were there nearly ten minutes.
HENRY FRANCIS THOMAS PILCHER . I am an actor, and live 81, Triangle-road—on 4th August, I was at the Canterbury Hall and saw the prisoner there—the last witness served him—he tendered her a shilling—she said, "This is a bad coin"—she tried it in the detector and handed it to him, and asked if he knew where be took it—he said at a pie shop opposite the Victoria Theatre—he then gave her a good shilling, had the change, and left—next day I was at the Equestrian tavern, Black friars-road, and saw the prisoner come in there—I called the landlord's attention to him—he was given into custody on that occasion.
REEVES WILLIAM WILSON . I am barman at the Equestrian tavern, Blackfriars-road—on 5th August the prisoner came there—I served him with 2d. worth of shrub and water, and he gave me a shilling—I put it in the till—there was no other shilling there—I gave him change—directly afterwards I saw Mr. Harris take the shilling out—he showed it to me and it was bad—I marked it at the station.
ALBERT THOMAS HARRIS . I am the son of the proprietor of the Equestrian tavern—I was there on 5th August—Mr. Pilcher called my attention to the prisoner—from what he said I went to the till and took out a shilling—it was the only one there—I told the prisoner it was a bad one—he gave me another, and the barman gave him the change—I kept the bad one, sent for a policeman, and gave the prisoner into custody.
Prisoner's Defence. I did not know it was bad.
GUILTY .*— Confined Twelve Months.
MR. POLAND and MR. J. O'CONNELL conducted the Prosecution.
RICHARD BRADSHAW . I keep the Trafalgar, in Brook-road, Peckham—on 31st July, I was called to the bar by my wife—I saw the prisoners there—my wife said in their presence, "This is a bad florin"—the female said she was not aware it was bad—I looked at it, and found it was bad, and bent it easily; I then returned it to the female—she said she got it from her mother, a laundress—she afterwards tendered a half-crown, which I believe was good—she then took it away and gave a shilling, and received 8d. change—they left together—I followed them to the Bengal Tavern, which is about a minute's walk from my place—they had left when I got there—I spoke to the landlord, Mr. Ward, and he showed me a bad florin—I went out with him, and saw the prisoners outside, about twenty or thirty yards off—Mr. Ward laid hold of the male prisoner, and I gave the female into custody.
CORINDA WARD . I live with my father at the Bengal Tavern, Peckham—on 31st July, about half-past 3 in the afternoon, the prisoners came in together—the woman asked for 2d. worth of port wine and 2d. worth of gin—I served them—I saw a two shilling-piece on the counter—I took it up, and put it in the till—there was no other there—I gave the change to the female—she put it in her purse—they then left together—my father came into the bar—Mr. Bradshaw came in and spoke to him, and he looked in the till, took out the two shilling piece, and showed it to him—they then left together.
WILLIAM WARD . In consequence of what Mr. Bradshaw said to me, I looked in the till, and took out a bad two shilling piece—there was no other there; the only other coins were a half-crown and a sixpence—I ran outside, took bold of the male prisoner, and brought him back to the house—he was walking with the female—Mr. Bradshaw pointed them out to me—I told him he had passed a bad florin—he said he did not know it was bad—I sent for a constable and gave it to him, and gave the prisoners into custody.
WILLIAM CHILD . I am a grocer at peckham—on 31st July, I saw the prisoners coining in a direction from Mr. Ward's—some one took hold of the man—I then saw him pass something to the female—it was in a paper parcel—I followed close to her, and saw her stop a workman and try to throw it behind him—I stepped in front and she could not do it—she then went on further, and threw the parcel inside the railings on to a grass-plat—I picked it up—it contained six two shilling-pieces and a penny, wrapped separately in paper—I said, "All right, I have got them"—I pointed her out to a constable, and he took her into custody—I gave him the parcel.
WILLIAM LAUD (Policeman, P 89). I produce a packet of six counterfeit florins which I received from Mr. Child—I took the female prisoner into custody—I told her I wanted her for being concerned with a man in
uttering a florin at Mr. Ward's, the Bengal Tavern—she said a painter gave her husband this packet, and he gave them to her, and she threw them away—the inspector asked at the station if they were man and wife, and they said they were—they gave their address, 23, Stockwell-street—I ascertained that they had been living there—I went there, and found their marriage certificate—they had been keeping that house, and had two lodgers—the female prisoner gave me a purse at the station—it contained a halfcrown, a shilling, two sixpences, and sixpence halfpenny in copper.
The prisoners' statement before the Magistrate: William Matthews says, "I was crossing the canal bridge, and saw a piece of paper lying on the ground, my mistress picked it up; I found eight florins in it all wrapped up separately. We went to the Trafalgar, and she tendered one and it was found bad. We left, and the piece was thrown away; we went to the Bengal Tavern, and I did not see what was paid for; we left, and the landlord came and said I had passed a bad two shilling-piece; I said I did not know it was bad." Sarah Matthews says, "That is quite right; they sounded quite good when we tried them"—(The prisoners' marriage certificate was put in and read).
SARAH MATTHEWS.— NOT GUILTY .
WILLIAM MATTHEWS— GUILTY .— Confined Twelve Months.
PALMER the Defence.
JOHN WELLS . I live at 20, George-street, Camberwell, and am a labourer—the prisoner occupied the same bed with me—on Saturday night, 30th July, I went to bed about half-past 12—I folded my trousers up, and laid them on the box—I had seven shillings and sixpence in the pockets—I was awake when the prisoner came in-doors, but while he was paying the landlady, and talking to her, I fell asleep—about 8 in the morning, I missed four shillings, a florin, and two shillings—I went down to the George Tavern where the prisoner was working, and accused him of taking my money—he said that he did not know anything about it at all—I said, "I think you took it, I am sure you have, and if you don't give it to me, I shall go and get a policeman, and give you in charge"—as soon as I walked away he said, "I can tell you where your money is"—I said, "Come and show it to me"—he then went back with me to were we both slept—he put his hand under our bedstead and under a box, and pulled out a florin and a shilling—I refused to take it, and said, "I shall send for a policeman—he then said he would give me two shillings for the one that was gone if I would not go for a policeman—I fetched a policeman.
Cross-examined. Q. How do you generally carry your money? A. Loose in my trousers pocket—I do not usually fold them up, but I had some suspicion of him—I was paid my wages on that Saturday night—he is barman at a public-house—I only knew him a fortnight—the box underneath the bed was the landlady's property, it was not locked—he took the money from under the box on the floor—we talked together the next morning in bed, and then he went to his work—he said, "If it is your money I will show it you," and he then pulled it out from under the bed—there was a piece of carpet at the side of the bed—the room has been cleaned out—and swept
since—there were twenty other lodgers in the house—this is a back room—the people in the house go in and out of that room.
MR. WILLIAMS. Q. When you folded your trousers up where did you put them? A. On the box, which is close up to the wall at the head of the bed, about half a yard from the box where the money was found—there is no carpet where the box stands—I also missed a pocket handkerchief, but not till the Monday morning—I found it afterwards round the prisoner's neck.
HARRY PARKER (Policeman, P 286). I took the prisoner on the Sunday—he said, "Policeman, if you will allow me to go I will give him two shillings in the room of the one that is missing"—I said I was not allowed, to do things in that way, he must accompany me to the station—he afterwards said that he picked the three shillings up on the floor.
Cross-examined. Q. Had he the handkerchief on when you apprehended him? A. Yes.
The prisoner's statement before the Magistrate:—"The three shillings I picked up on the floor and I put them under the bed, because if anybody came into the room they might pick it up and I should be accused of it, and the reason I wore the handkerchief is that I lost mine and I saw this one lying on the drawers and I put it on."
The prisoner received a good character.
NOT GUILTY .
MR. LILLEY conducted the Prosecution, and MR. DALEY the Defence.
ANNE FLANAGHAN . I am the wife of John Flanaghan, of 7, Mason's-buildings, Night-street, Southwark—the prisoner lodges in the same house, she is the landlady's daughter—on Sunday, 16th July, between three and four o'clock in the morning, I was coming down stairs into the yard and saw the prisoner in the kitchen—I said, "Margaret, where were you all the night?"—she said, "What is that to do with you"—I said, "It is not out of no harm that I am asking you, I want a candle"—she said, "D—you and the candle too," and then she caught me and threw me against the stairs—I went up stairs to my own room—she followed me and called me "Flanagan's w—, I said, "I am not, I am a lawful married wife"—she then said, "I'll swing for you, you b——old w—, I'll swing for you," and struck me with the candlestick on the top of the head, and I fell—she then took the fender from the fire-place and struck me with it three times and broke my ribs—I do not know what occurred then—I was taken to the station on a stretcher, and afterwards found myself in the hospital—she kicked me—I had marks on my arms—I was black and blue—I remained in the hospital three weeks.
Cross-examined. Q. Was your husband at home at this time? A. He was; the other people in the house were down in the kitchen—my husband was in my room in bed, and when I had the words he got out of bed—the people down stairs looked as though they had been drinking when I saw them—I did not see John Donovan or Charles Davey there—Johanna Sullivan was there, the prisoner's sister—she threw herself down on me and sat on me when the prisoner struck me with the fender—my husband and me had no words that night—I did not say to him, "You have broken my ribs," we do not quarrel very often—I once made a complaint against him at the police-court—he did not get six months, he was let out.
MR. LILLEY. Q. Where had you been working all that night? A. In my own room, not in the kitchen.
JOHN FLANAGHAN . I am the husband of the last witness—between 3 and 4 on the morning of the 16th July, I was in my room in bed, and I heard the prisoner coming up stairs, crying out, "So help me God, I will never go to bed till I have the b——wh—'s life"—she had this brass candlestick in her hand (produced) with a lighted candle in it—I closed the door against her, and said, "Margaret, you had better go into bed; don't say no more tonight"—her room is on the same landing—she said she would not—I put out my left hand to keep her out of the room, and put out my right hand to open her bedroom-door, when she made a rush in spite of me—my wife was standing inside the door, and the prisoner turned the candlestick, and hit her on the head with it, and knocked her down—she then laid hold of the fender, and hit my wife with it three times while she was down before I could save her—this is the fender (produced)—my wife was in a pool of blood—I collared the prisoner at the last blow, brought her out, and shoved her into her own room—my wife was insensible when she was taken to the hospital—when I got the prisoner into her room, she dressed herself, and went out for a constable to give my wife in charge—when he came he took my wife to the station-house, and then to the hospital—my wife did not do anything to the prisoner; I was close to her.
Cross-examined. Q. How many persons were in the house that night? A. I believe at the time there were three people down stairs; but they were blind drunk; they were not able to move—I was in bed at 10—I did not feel well that night—I bad no quarrel with my wife that night—I was once before the Magistrate two or three years ago, but my wife did not appear against me, and I was discharged—my wife did not cry out "Murder" before the prisoner came into the room.
MR. LILLEY. Q. Was any one else in your room besides yourself, your wife, and the prisoner? A. No; the prisoner's sister came in; she was drunk, and she fell over my wife when she was on the floor.
CHARLES CHENERYM (Policeman, M 18). On Sunday morning, 18th July, about 3 o'clock, I met the prisoner in the street, and in consequence of what she said, I went to 7, Mason's-buildings—she said that a person named Flanaghan had assaulted her, and she wished to give her in custody—I went up to the first floor, and saw the prosecutrix lying insensible on the floor, bleeding very much from a cut in the head—with the assistance of another constable, I raised her, and after two or three minutes she recovered a little—the prisoner was there—I asked the prosecutrix how she came by the out on her head—she said, "Margaret Sullivan done it with the candlestick"—the husband then came into the room, and gave the prisoner in custody—I saw this candlestick lying on the floor close to the prosecutrix—I took her to the station, and afterwards to the hospital.
Cross-examined. Q. Did not the prisoner show you a cut on her own head? A. She did—she did not appear to be very drunk; she was in liquor—I could not tell whether the prosecutrix was in liquor.
MR. LILLEY. Q. Did it appear to be a fresh cut on the prisoner's head? A. No, not a fresh cut, and a very small one.
CATHERINE SULLIVAN . I live in the same house—I was asleep in a back-room up stairs, on the same floor as Mr. and Mrs. Flanaghan—I heard a noise down stairs, got out of bed, and went on the landing—I saw Mrs. Flanaghan go into her room—the prisoner was standing on the landing with a candlestick in his hand—she went into Mrs. Flanaghan's room and hit her with the candlestick, and threw her down—she then picked up the fender and hit her three blows across the ribs with it, and she became
insensible—Mr. Flanaghan took the prisoner round the waist and put her into her bedroom—she then dressed herself and went out after a policeman to lock Mrs. Flanaghan up.
Cross-examined. Q. Did you hear any one quarrelling down stairs? A. Yes; I could hear their voices, but could not hear what they said.
JULIA SULLIVAN . I am a widow, and live at the same house—on 16th July, between 2 and 3 in the morning, the last witness and I were in bed in the back room up stairs—I went on to the landing with her and saw the prisoner make a rush at Mrs. Flanaghan and hit her with the candlestick on the head and knock her down—she then turned to the left, caught hold of the fender, and hit her three times—we then got the fender away from her—Mrs. Flanaghan never did anything to the prisoner before she struck her with the candlestick.
ANDREW CHRISTOPHER JACKSON . I am dresser at Guy's Hospital—on Sunday morning, 16th July, Mrs. Flanaghan was brought there on a stretcher—she appeared to be insensible; her head was bleeding profusely—I found an incised wound on the back of it, laying the bone quite bare, about an inch and a half long—this candlestick might inflict such a wound if used with great violence—a branch of the occipital artery had been divided, which caused the extreme effusion of blood—I applied pressure to it, which stopped the hæmorrhage entirely—I examined her again after she was put to bed—her face was bruised all over, all down the left side of her body, down to her hip, was bruised, and she had two fractured ribs, the seventh and eighth—she was exactly three weeks in the hospital—that fender might possibly have produced the injuries which I saw on her side and her ribs.
Cross-examined. Q. I suppose kicks would inflict the same injury would they not? A. Yes; kicks with a heavy boot—I have not compared the wound on the head with the candle-stick—there was blood on the candlestick when I saw it.
MR. DALEY (to JOHN FLANAGHAN). Q. Was Catherine Jermyn in your room on this morning? A. No; I did not say to her, "I am as sorry for one as the other, I did myself quite as much as Margaret did."
Witnesses for the Defence.
JOHANNA LARY . I saw the prisoner and these people drinking together at a public-house on this night—after 12 o'clock I was on ray way home and heard fearful screams of a woman—I went towards the woman's place and heard a woman say, "What an awful beating Flanaghan has given his wife," and then Mrs. Flanaghan came down, and I heard her say, "He has beat me severely, look at me, send for the police"—she came down the stairs and said, "See how dreadful Flanaghan has beaten me to please the Sullivans"—he was drinking with them—I did not see any blood—I then came home to my own place.
Cross-examined. Q. Do you recollect the day of the month that this happened? A. On 16th July, I believe—it was after 12—I was sober—I was in my own house, No. 2, Mason's-buildings, not in the same house at all.
CATHERINE JERMYN . I went into this house on the Monday morning following, between 8 and 9, when Mr. Flanaghan and Mrs. Sullivan came from the hospital—he said he was quite as sorry for the prisoner as he was for his wife, for they were all intoxicated together.
GUILTY of unlawfully wounding .— Confined Fifteen Months .
MR. COOKE conducted the Prosecution, and MR. HARRIS the Defence.
FRANK MURLEY . I live at Worcester-cottage, Salisbury-crescent, Walworth, and am a soap maker—on Friday night, 21st July, at 9 o'clock, I fastened up my premises—from half-past 11 to 12, I was aroused by my lodger—I went down stairs, and found about 3 cwt. of soap had been removed from the premises, taken out into the yard, and packed into boxes—half a cwt. of cocoa-nut oil had been taken from a hogshead inside, and put in a small cask—the shop window was broken and unfastened—any person could have unfastened the catch by putting their hand through, and then got inside—I fastened that window myself at 9 o'clock—I know Crudgington—he has had some goods of me.
Cross-examined. Q. What is the size of this window? Q. About three feet or three feet and a half square.
ROBERT WHEELER . I live with the prosecutor—on the night of 21st July, I got home rather late—about ten minutes past 11, I was bound to go to the rear of the premises, and I saw the two prisoners in the yard—I saw Wright by the padlock of the warehouse door, and saw Crudgington cross the yard, and try the sash—they then went over the wall—I went round and found the sash open—they came back over the wall—I went up to the back gates, and heard one of them say, "We will have it now before we go"—I then went up stairs, got my life preserver, and put my slippers on, went out at the front gate, and went round to the rear of the premises—I saw Wright standing at the corner outside our premises with a woman, and saw Crudgington and another man stooping close to our gateway as if they were being sick—they saw me, but did not know me—I then returned through the house to the back of the premises—there is a lamp in Salisbury-crescent, and I stood just outside the back door and had a good view of them—I saw Wright in the warehouse handing soap to Crudgington, who was just outside the window, and he was packing it in boxes—I let them go on for a little time, and then I walked up to Crudgington—he said, "Halloa, my Lord, we have been looking for you long enough; we have got you at last"—I said, "If you don't look out, you may very likely catch something else"—he said, "For God's sake, Bob, don't say anything about it; I have done trouble, you know; you know me well enough; I'm Ikey Crudgy"?—he then escaped over the wall—Wright was then coming out of the window, and fearing I should get a knock myself, I thought the best plan would be to take the first opportunity and give him one, which I did—I hit him with my life preserver, and then caught hold of him and tore his coat and waistcoat—he struggled with me and got away—I had a slight knowledge of him before I have not a doubt but that he is the man—I have known Crudgington from the beginning of last winter—about half-past 2 the same morning I went with a policeman to North-street, Lock's-fields—Crudgington opened the door—he made no resistance.
Cross-examined. Q. What are you? A. Walking foreman and time keeper—I work for Mr. Evans, an extensive building material dealer—I was never in a court of justice as a criminal in my life—the persons I saw in the yard were eight feet four inches from where I was watching them at first—there was light enough for me to discern who was there and what they were doing—I can't say how I hit Wright; it was on the head somewhere
—he did not fall—it must have been on the left side of the head—there was blood on the wall.
JOSEPH BREWER (Policeman, P 405). On the night of 21st July, I was passing Worcester-cottage, about 11, and saw the prisoners near the rear of the premises, talking together, with a woman—I went on my beat, and at 12, I heard a cry of "Stop thief!" and got some information from the last witness.,
SQUIRE WHITE (Policeman, P 427). In consequence of information I received from the last witness, I went with Wheeler to Crudgington's house—I knocked at the door, Crudgington opened it in about five minutes, and on seeing me he ran to the parlour door—I said, "I shall take you for a burglary"—he said nothing—on 27th July, I was with Sergeant Ham, when we met Wright in York-street, Walworth-road—Ham said to him, "How did you come by that cut over your eye"—he said, "I did it in running"—he afterwards said, "I did it in a drunken frolic"—we told him he was charged with being concerned with another in committing a burglary—he said, "If you take me you will be very foolish; I known you are two detectives"—we were in plain clothes—we took him to the station—he was put with five or six others, two of whom had bandages over their heads, and Wheeler immediately identified Wright as the man.
Harris (to FRANK MURLEY). Q. Does either of the prisoners owe you any money? A. Yes—I have never had any quarrel with them whatever.
Witnesses for the Defence.
HENRY MEARS . I am foreman at Messrs. Pocock's shoe manufactory—on Tuesday morning, 18th July, about 1 o'clock, I saw the prisoner Wright—we were talking together for about an hour, till we began playing with a hat which the prisoner had—me and the prisoner and the other two witnesses were there; Richardson and Harris I believe—Wright met with an accident—he ran across the road after me, fell on the step of a door, and cut his eye open—it bled furiously—I was called before the Magistrate, and made the same statement there.
Cross-examined by MR. COOKE. Q. Was he taken to the hospital? A. Not that I know of; it was a serious cut—I left him afterwards.
WILLIAM EDWARDS . On 22d or 23d., July, two policeman, and another man named Wheeler or May, came to my house, between 2 and 3 in the morning, while I was in bed—they said they came to search my place and me, to see if I was concerned in this robbery—the policeman asked me where I left my coat at 12 the night before—I pointed it out to him on a nail—Wheeler said to the policeman, "Feel his head to see if he has got any lumps or cuts on it"—the policeman felt my head and said, "He has got no lumps on his head," and Wheeler said, "Then it can't be him"—this is the man who came (Wheeler)—they then went away.
Cross-examined. Q. Where do you live? A. Nelson-place, Walworth Newtown—they were perfectly satisfied it was not me.
NOT GUILTY .
ADJOURNED TO MONDAY, SEPTEMBER 18TH, 1865.