CENTRAL CRIMINAL COURT
FIRST SESSION, HELD NOVEMBER 20TH, 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.
SESSION I. TO SESSION VI.
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, November 20th, 1865, and following days.
BEFORE THE RIGHT HON. BENJAMIN SAMUEL PHILLIPS, LORD MAYOR of the City of London; Sir JOHN BARNARD BYLES , Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir GEORGE WILLIAM WILTSHERE BRAMWELL , Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir JOHN MUSGROVE , Bart.; Sir ROBERT WALTER CARDEN , Knt., WILLIAM ANDERSON ROSE , Esq., JOHN JOSEPH MECHI , Esq., WILLIAM FERNELEY ALLEN, Esq., ROBERT BESLEY , Esq., and DAVID STONE , Esq., Aldermen of the said City; THOMAS CHAMBERS , Esq., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
PHILLIPS, MAYOR. FIRST 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, November 20th, and Tuesday, 21st, 1865.
Before Mr. Common Serjeant.
1. BENJAMIN TAYLOR (30), and HENRY KELLY (46), were indicted for unlawfully conspiring with William Farnham and others to forge and utter an acceptance to a bill of exchange for 279l. 8s. 9d., with intent to defraud Samuel Wilford Lucas—14 other counts for conspiracy to defraud other parties by like means; 17th count for conspiracy to defraud divers persons. (See Vol. 62, page 470).
MR. SERJEANT BALLANTINE with MESSRS. SLEIGH and F. H. LEWIS conducted the Prosecution,MR. HARDINGE GIFFARD, Q. C., with MESSRS. MONTAGUE WILLIAMS defended Taylor, and MESSRS. RIBTON and COLLINS defended Kelly.
Before the defendants were given in charge MR. GIFFARD called upon the prosecution to elect upon which counts they would proceed, and as an authority for the application he referred to Beg v. Barry (see Sessions Paper, vol. 62, p. 149).
MR. SERJEANT BALLANTINE, upon the suggestion of the Court, expressed his readiness to proceed only upon the counts for defrauding the Birmingham Banking Company (the first 10 and 17th counts).
Cross-examined by MR. GIFFARD. Q. What is the date of it? It is a deed under schedule D of the Bankruptcy Act of 1861, executed by Taylor to our Mr. Honey, as trustee for the benefit of creditors—these letters were sent to us by Mr. Watts, our assistant at Birmingham, as taken from the bankrupt Taylor's premises; they came to us in a box—Watts is not here, but Mr. Reed is, who was with him and assisted in putting the papers into the box.
CHARLES OFFARD BURGESS . I reside in High-street, Birmingham, and am in the service of Messrs. Brown and Co.—have known Kelly for the last five or six years—I also know Taylor—I know Kelly's handwriting.
Cross-examined by MR. RIBTON. Q. Have you ever seen him write? A. Yes, at the desk of the shop, 424, Oxford-street; I was standing by the
I side of him—I read the addresses on some envelopes that he directed there—I don't know that I have ever received any letters direct from him; but I have seen his handwriting on several occasions.
MR. SLEIGH Q. Look at those letters (handing several to the witness) in whose handwriting are they? A. Here are three which are not in his handwriting; the others are—these three are in the handwriting of Benjamin Nicholls, a brother-in-law of Kelly's.
DAVID HILLS REED . I am in the office of Messrs. Honey, the accountants—I went down to Birmingham inreference to this matter, and was there with Mr. Watts—the letters produced passed with others to Mr. Batts—I found them in Taylor's desk in the counting-house.
Cross-examined by MR. GIFFARD. Q. Was this deed voluntarily executed by Taylor for the purpose of distributing his property amongst his creditors? A. Yes,—we were called in as accountants to the estate—we had free access to all the premises and everything—I do not know what number of creditors have consented, I have not got the deed.
SILAS WILLIAM BAITS (re-examined). I have the deed—it is not executed byall the creditors, by more than a majority in number and three-fourths in value; it is duly registered under the provisions of the Act—we have realized nearly 7,000l.; there is yet the factory to be sold, subject to a mortgage of about 1,500l.—I believe it cost Taylor nearly 3,000l.—Taylor had two agencies for the transaction of his business, one at Liverpool and one at Glasgow—about 800l. has been realized at Glasgow—we are unable to get a statement from the agent at Liverpool; his name is Haythorne—the amount of debts, including the Birmingham Banking Company, as far as we have been able to ascertain, is about 35,000l.—I am scarcely in a position to say over what period the trading extends, but I believe about three years—there was a business in London as well, that makes three besides the parent establishment at Birmingham—the factory at Birmingham was a very large place, employing somewhere about 200 hands—besides that there was a boot and upper establishment, that was under the same roof but a different business—there was also a brace and belt business, that was parted with last Christmas; there was a branch in Wood-street, London—the machinery in the factory consisted of steam-engines, boilers, steam pipes, sewing machines and other machinery of a similar character—I think there were about forty-three sewing machines—somewhere about 2,000l. of debt was originally due to the estate—that statement was submitted to the creditors at a meeting—this account (produced) was made out by our firm—it is substantially correct.
MR. SERJEANT BALLANTINE. Q. I take it that account was made out upon the statement of the bankrupt? A. Gathered from his books, with such occasional assistance as we could get from him while in custody—we had no means of testing the accuracy of the alleged debts, except from the assistance Taylor rendered us, and also from his books—he made an affidavit at the conclusion of our inquiries to enable us to register the deed.
THOMAS FRANCIS SHAW . I am the sub manager of the Birmingham Banking Company, carrying on business in Bennett-street, Birmingham—Mr. Samuel Wilford Lucas is their registered officer—I have known Taylor for some years, he was carrying on business in Camden-street—our bank first commenced business in Birmingham, in October, 1829, we had done no business with Taylor before March last—he came to our place at the latter end of March and asked me what our rates of commission would be—I asked him as to the nature of his account; my impression, is that he said
his business would amount to some 30,000l. or 40,000l. a year, at all events he mentioned some amount—I asked him if he would require to pay in any bills and to draw against those bills; he said he should—he said they would be bills that he received in the course of his trade—I asked him what the probable floating amount would be—he said some 5,000l. or 6,000l.—I referred him to the head manager, and the result was that an account was opened very shortly after that conversation; he was supplied with credit papers at the time—we have a printed form in which a customer places his name and specifies the amounts which he pays in to his credit; those papers are received by us when the amount is paid in—these (produced) are the credit papers we issued—they are all in Taylor's handwriting—they represent the amounts paid in between certain dates, which are on the face of them—there are a good many bills represented by these papers, more than seventeen, among them are seventeen marked from B to R inclusive—they represent in round numbers about 2,000l.—they were paid in between April 6th and April 26th—every one of those bills has been dishonoured—the amount due to the bank by Taylor is about 2,500l., the whole of that may be said to have been contracted within that period—it was created by his drawing cheques against the bills, he had value for them; we charge a commission at the end of the half year—when we take bills in the way we took them of Taylor we then charge the interest on the bills—no discount has been charged on the face of the account; he drew the money—these (produced) are the cheques, they were drawn between 6th and 26th April, some of them were paid subsequently—on 26th April I wrote this letter to him (This letter stated that no more bills of Taylor's would be negotiated by the Bank)—on the following day I received this answer—(read: "27th April, 1865. India Rubber Works, Camden-street, Birmingham. Dear sir,—I am much surprised at and very sorry to receive your note to hand this morning—I am not aware myself of any bills sent you, not likely to be met or are not good, and we are as anxious as you can be to have none but what will bear examination and turn out all right—the amount during the past month has been larger by far than I expected, owing to several large parcels sold by some new customers, very well recommended to me as cash buyers, having requested bills instead—if you will kindly inform me of any names you do not consider satisfactory I will refuse to take any further bilk from them at once, and if not trustworthy persons close their account"—I made another communication to him and received this letter—"April 29th, 1865. Dear sir,—I am sorry I have been unable to call as yet, but have had so many customers in the last few days I could not get out—I feel sure I can put the matter right as Boon as I can come down—I must now let it stand till Monday when I will arrange it in some way"—I did not see him on Monday, nor did I see him since; but I understood he had been at the bank.
Cross-examined by MR. GIFFARD. Q. Although your bank did not do business with Taylor till April, you had known him, I believe, for some years? A. had; I do not know for how many years he had carried on the India Rubber Works—I believe his father carried them on before him; his father was originally a draper—I was told that he had carried on these works—I have been in the bank since its formation—I do not know when they directed Taylor to be taken into custody—I cannot call to mind when the matter was entrusted to a solicitor, but I should think it was in July—he was charged with forgery—I was a witness at the trial—I heard that there were five indictments for forgery—I was examined on some points—he
was acquitted on several indictments, I don't know the number—I can tell you how much of Taylor's credit at the bank consisted of bills paid in, and how much of cash—he paid in 487l. 3s. 3d. to begin with on 5th April—I cannot tell what cash he paid in on 11th April—I can give you the aggregate, the books are at Birmingham—on 18th April he paid in 109l. 8s. 6d. in cash, and in bills 286l. 0s. 8d.—when I call it cash it must be understood that of the 109l. 15l. was money, 94l. consisted of two cheques on London bankers, one of which was drawn by Nicholls and Co.; they were paid—on 20th April we had a cheque of Charles Burgess and Co. for 93l. 7s. 6d., which was paid, and bills for 237l.—on 21st we received a 5l.—note in cash and 386l. in bills—on 22d. 63l. 13s. 11d. in cheques on bankers which were paid, and 132l. in bills—I have not got the paper here referring to the 24th or 26th—after the 26th we took no bills, we took money; the whole of the seventeen bills which were shown to me were dishonoured, two of them were not due at the time Taylor was taken into custody, one for 134l. of Ward of Seething-lane, and one for 91l. 6s. 3d. of Poulton Brothers—there is a bill of Hurst's amongst them—in the credit slip of 6th April there is a bill of Hurst's for 25l. 17s. 4d., that was dishonoured—we have got thirty-four bills returned altogether—Hurst's bill has not been paid, I am perfectly certain of that—I have it here marked in my list, returned and not accounted for, it may have been returned originally and paid since, I can't say positively it was not, but my impression is it has not been; only three out of the thirty-four have been paid, and those very small amounts—I have the credit slip of 6th April here—in the credit slip of 13th April, there is a bill of Mr. Wilson, for 68l. 12s. 2d.—I believe he is in business at Liverpool—I don't know what as—I don't know that he has compounded with his creditors, I have not taken the trouble to enquire—I believe that bill has been paid, it was dishonoured when presented—on the same credit slip there is a bill of McVay, that was dishonoured when presented—I am not quite certain that it has been paid, I rather fancy it has—the bill of W. Allen, for 32l. 6s. 6d. was dishonoured at maturity and subsequently paid—I dont know him—a bill for 89l. 2s. 6d., of Mr. H. Burns was dishonoured; it has not been paid—I believe he is a bankrupt and has not got his certificate—I believe he was a bankrupt previous to this bill being given, that was the answer we got from the solicitor at Liverpool—a bill of Mr. H. Martin's for 60l. 2s. 7d. was dishonoured—I believe he is a boot and shoe maker at Birkenhead—I think we have had an intimation in a letter that he had made an arrangement with his creditors; that came from himself—we have never had any notice of it, it was very soon after the bill came back, about 23d or 24th August—from the opening of the account to the close, Taylor paid in 8,255l. 9s. 5d., including the bills, the amount of cash was about 4,920l. or 4,930l.—I think Taylor remained in custody from 5th August until shortly before the last session.
MR. SERJEANT BALLANTINE Q. Does the 4,920l. you speak of represent money and notes and cheques, independent of bills? A. There might be a few cheques, but they were all paid—it is quite independent of the bills, we received forty-six bills from him from first to last, twelve of which were met at maturity—487l. odd was paid in to open the account with—I see that there was a cheque for 300l. drawn out on that same day, the 5th, and paid on the 5th, he drew out three 100l.—notes, also 112l. 10s. and a small sum of 4l. 5s. 6d.—cash was paid in with the bills on the 6th and on the 8th—between the 6th and 8th no further cash was paid in—in banking phraseology there was no cash paid in on the 8th, but there were cheques on
bankers for 233l. 12s. which were paid—on the same day 300l. was drawn out—there was a small payment in London, to our London agents to Taylor's account of 3l. 10s. on the 10th, he drew out 240l. on that day—on the 11th cash and bills to the amount of 489l. 14s. were paid in—I have not got the credit-paper before me, so I cannot tell how much of it was cash—on that day he drew two separate cheques of 280l. and 30l.; cash was paid in on the 12th and one of the cheques he had paid in was returned to him that day, dishonoured, that was for 400l. 10s., we debited him with that amount that day—on the former trials a question of law was raised as to whether the acts done amounted to forgery, and it was held that they did not—I believe the jury were not asked their opinion.
COURT. Q. You say after the 26th you took no bills, was any cash paid in after that time? A. Yes; about 3,000l. in cash came in after that date.
MR. SERJEANT BALLANTINE. Q. Was it all drawn out again? A. Every halfpenny of it, by cheque, from time to time.
EDRIC PARKER CHAMPION . I am a dealer in china, and glass-founder, 2, Pancras-lane, City—I let out a portion of my house as offices—on 28th January, a person named Brewer came and took an office there—he signed this agreement (produced)—I believe he came once to the office after that, and only once—no business was carried on there—at the time Brewer came to take the office, Kelly was with him—I had a reference to Burgess and Co. of Oxford-street, Brewer gave that, at the time, in Kelly's presence—I believe he stated the number—I gave the paper to Sergeant Webb.
Cross-examined by MR. RIBTON. Q. Did you ever nay before that Kelly was with him? A. I did—I was examined twice before the Magistrate—on the first occasion I said, "I don't recollect seeing either of the prisoners at my place"—the alteration was so great that I could not recognise him; he appears to have been afflicted in some way since I saw him—I had never seen Kelly before he came with Brewer to my knowledge—there was a few days interval between the first and second examinations, possibly a week—I had not been talking to anybody about the matter in the meantime—I saw Webb when he handed me the summons to attend—I had my doubts as to Kelly being the party of the name of Brewer, and I did not then know he was the person who accompanied Brewer; but before I left the Mansion House I had my doubts that, if he stood up, so that I could see him better, he was the man who came with Brewer—on the second occasion I firmly believed he was the man—I mentioned to Webb that I could not see sufficiently of him, but, if he stood up, I thought I could recognise him; he was sitting in the dock when I saw him—I don't believe Webb came to talk to me for the purpose of mentioning Kelly's name—I believe I introduced the conversation—I told him I believed one of them was the man, but he was so altered. I could not swear to him—on the second occasion he was ordered to stand up—I then said, "There was a man with him; I believe that man to be the prisoner Kelly"—I understood the best of my belief to be swearing; I am very positive now, and was so on the second examination.
CHARLES OFFARD BURGESS (re-examined). I live at Lee Mount, Birmingham—I know a person of the name of William Farnham—I know his handwriting—I have known Kelly about five or six years—I also know Taylor—I have seen Farnham in company with the prisoners, not very often—I have seen them together at the shop, 424, Oxford-street—that shop was rented in the name of Benjamin Nicholl, a brother-in-law of
Kelly's; it was carried on under the name of Burgess and Co.—that was in consequence of a proposition from Nicholl to me—there was a conversation on the subject in the presence of Kell, to the effect that it must be carried on in the name of Burgess and Co., that Nicholl was a leather-seller, and it would prejudice him in his business, if he was known to be keeping a boot-shop—Nicholl mentioned to me the name of Brewer; that was in Kelly's presence: he said he was a respectable young man in their employ in Dean-street, that probably references would be required on account of an office that was going to be taken by him—the acceptances to these two bills marked "Q" and "R" are both in the handwriting of Farnham; they are signed "W. F. Brewer" in Farnham's writing, the man I was in the habit of seeing with Kelly, and have seen with Taylor—the signature to this agreement for the office, "William F. Brewer," is Farnham's writing—this letter is also Farnham's writing, it is signed "Frederick Reeves and Co." and headed "Langbourn Chambers"—this letter signed "W. Hamilton," dated from Langbourn Chambers, is also Farnham's writing, and this other also signed "T. K. Reeves and Co."
Cross-examined by MR. GIFFARD. Q. When did you go to the shop in Oxford-street? A. At the beginning of November, or the end of October, 64—I left in the beginning of June—there was a considerable business done there in boots and shoes up to that time—I kept this book (produced)—part of it is my writing, part is Nicholl's, and part is Miss. Nicholls—the entries I made have reference to real transactions—at the beginning the trade was merely nominal, the receipts did not exceed 2l. or 3l. a week—this book only extends up to about the middle of April—from time to time large quantities of goods were consigned from Taylor to that house, boot uppers and ready-made boots and leggings—the amount varied very considerably, sometimes nothing at all came—at other times large cases came to the amount of perhaps 100l. consisting of boot uppers and leggings—I know of sums of money being sent up from Taylor to the shop, from time to time, at the same time I never saw the cheques paid—I know when Nicholl commenced business he was in a state of poverty, and he afterwards appeared to be flourishing and in a good position—I worked the business up, and, at the time I left, it amounted to about 60l. a week—if it had continued, we should have decidedly got a profit out of it.
Cross-examined by MR. RIBTON. Q. Did you know Kelly in business? A. He was reputed to be in business for himself—I know Taylor's handwriting—I never saw him write, but these letters are exactly like the envelopes that used to be directed to Mr. Nicholl from Taylor—I have looked at them all, they are all in the same writing.
MR. SERJEANT BALLANTINE. Q. Where did you first know Kelly? A. The first time he came in reference to a situation for Nicholl—he did not carry on business anywhere to my knowledge—he occupied a private house in Greve-street, Camden-town—he kept a shop under the name of Ross and Co. in High street, Camden-town—he also professed to have an office in 424, Oxford-street, under the name of Campbell, Kelly, and Co.—that shop was carried on in the name of Burgess and Co.—Kelly was constantly there, and he seemed to be partly directing—Nicholl was supposed to be the master of the shop—this was not the only book kept—this leaves off in the middle of April, and Farnham began to keep a book on his own principle—he was installed as bookkeeper by Nicholl—he gave instructions that he was to be called William, if anybody called for him, if he was up stairs or in any part of the house; but letters came for him under the name of Hamilton.
HENRY WILLIAM WARD . I carry on business as a wine merchant at 36, Seething-lane, City, and have done so for thirty years—I bank at Messrs. Prescott's—I know nothing of either of the prisoners—I never saw them before I saw them here—neither of these two bills of exchange purporting to be accepted by Ward are in my writing, nor were they accepted by my authority—I have no customer named Maidlin, the drawer of the bills—I have a son—he has nothing to do with my business—he was not authorized to accept bills in my name—I should say the acceptances to these bills are not his writing.
Cross-examined by MR. GIFFARD. Q. Where is your son? A. I do not know—I have not inquired after him since I was last examined here—his initials are the same as mine; he lived at home with me—he was away some time before these bills became due—I am not aware how long before—some weeks—perhaps six weeks or more; my son was articled to an auctioneer—he has not been in business—he took out a licence as an appraiser, but he never used it—it was only a few months—I think he never did business as an appraiser—I never knew of his doing any—I don't know where he is—he went away because he was sued upon a bill.
MR. SERJEANT BALLANTINE. Q. Was he ever a boot-maker? A. No; he never carried on business at my office—I never accepted a town bill at Prescott's the whole time I have banked there—my son had no account at Prescott's. (The bills were both dated 10th April, and were for 400l. and 279l. 8s. 9d.)
FREDERICK WACK . I carry on business as a tailor at 14, Fitzroy-street, Fitzroy-square—my father was there before me—a person of the name of Hamilton occupied my premises for seven or eight months—he left before Christmas—it may have been a week or two afterwards Kelly came and agreed to take the premises—he signed this agreement (produced)—it is signed "Collan, Kelly, and Son"—I never saw any son, or any Collan—he remained there seven or eight months, till October, I think, shortly before he was taken in custody—I never saw Mr. Hamilton again—no firm or person of the name of Hamilton resided in my place afterwards.
Cross-examined by MR. RIBTON. Q. Had you ever known Kelly before? A. I had seen him before; I knew his name.
Cross-examined by MR. RIBTON. Q. Are these Taylor's writing also? (producing several letters.) A. They are just like the envelopes I used to see—. I believe them to be Taylor's writing.
BENJAMIN WHEELER POULTON . I am a merchant, and carry on business under the name of Poulton Brothers—these three bills are accepted by me—I never received any goods in consideration of those acceptances, or any consideration—I accepted them from knowing Kelly for some three or four years, and with a promise that he would assist me in my business, a mutual accommodation—I accepted them in blank, they have been filled up since—Kelly told me that he was building at Bow and Blackheath, or Rotherhithe, or somewhere that way, a very large contract, that he had lodged the deeds with his solicitor, who advanced him money to carry on the building, to pay his men of a Saturday—I said, "You are not going to deceive me in any way; I am not able to meet them; I am only a struggling man now to do the best I can for myself"—he said, "You know I have known you
so many years, you may be sure I should not do you any harm n—I did not meet the bills—he did not pay me anything for doing this—he did not give me any money; he left a sovereign on the counting-house table; one day he gave me a sovereign at Garraway's, when I gave him the three blank acceptances, and I think I had a sovereign of him on 13th April, when he had advice of Harvey's bills—I mean Harvey of Philpot-lane—I went with him to Harvey's—Kelly wanted to give Harvey 3l. 10s. for the three acceptances, purporting to be for 150l.—Harvey said he should not do it for less than two and a half per cent.—Kelly then gave him the 5s. making 3l. 15s.—I saw him give that—Harvey gave three blank acceptances, which Kelly produced out of his pocket—this is one of them, and this is another. (The bills accepted by the witness were for 45l. 17s. 6d., 12l. 10s., and 91l. 6s. 3d.; the two accepted by Harvey were for 71l. and 45l.)
Cross-examined by MR. RIBTON. Q. Did you know Kelly long? A. About three years, or rather better—I only knew him as a builder by repute—he represented himself as a builder.
GEORGE MORRIS . I am warehouseman to Bevington and Co.—I knew Taylor—our firm has had transactions with him—this bill for 62l. 10s. rawn by Taylor and accepted by Poulton was paid by Taylor to our firm in the early part of April for goods supplied—it has never been paid.
Cross-examined by MR. GIFFARD. Q. Your firm has had large dealings with Nicholl, has it not? A. Yes; not very large—I should suppose 500l., or 600l. speaking from memory—we have also had dealings with Taylor—in the course of the present year he deposited a number of customer's bills with us to the extent of 542l. 19s. 6d.—in April we offered to give him credit to the amount of 1,200l.—this letter (produced) is not from our firm, ours is Bevington and Sons, and this is from Bevington and Co.
MR. SERJEANT BALLANTINE. Q. What was the result of your dealings with Nicholl? A. We got all our money—we are creditors of Taylor to a very small amount, under 50l.
THOMAS FRANCIS SHAW (re-examined). These two bills for 61l. and 72l., purporting to be accepted by Winkworth, are two of the seventeen bills—they were deposited with the Birmingham Banking Company, and dishonoured—they were a portion of the bills that form a part of the aggregate that we lost—they were deposited by Taylor—both the body and signature are in his handwriting.
Cross-examined by MR. GIFFARD. Q. Some of Winkworth's bills were met, were they not? A. One for 23l. 17s. 8d., due on 27th April, was paid—that was the only one.
ALFRED DAVIS . I am managing clerk to Mr. Scott, of Langbourn chambers, Fenchurch-street—I know the two prisoners—I recollect Taylor coming to my office—he entered into this agreement with me, dated 22nd May, and signed it, for the purpose of taking the chambers, at the rent of 130l. payable quarterly—after the offices were taken, the name of Frederick Reeves and Co. was painted up—I recollect seeing Kelly at the chambers, Taylor brought him—he said, "This gentleman," calling him by name, "Mr. Reeves, will attend to my business while I am at Birmingham, and I shall very seldom be hero"—after that Kelly came to the office—there were two clerks there—I do not recollect their names—I have not heard either of them addressed by any name.
Cross-examined by MR. GIFFARD. Q. Although Reeves and Co. was painted up, Mr. Taylor took the place in his own name, did he not? A. Yes, and in his proper address at Birmingham—I don't think the agreement recites what his business is—furniture and goods proper for such an office were put in—that was just about sufficient to secure the rent—there was no suggestion to carry on business with Mr. Scott—he used to be so architect.
JOHN GOLD COPE . I conduct a steel-pen trade at Birmingham—in the middle of the present year I was engaged by Frederick Reeves and Co., of Langbourn-chambers, Fenchurch-street—Kelly was introduced to me as MR. Reeves by A man who turned out to be Farnham—he gave me a reference to B. Taylor of Camden-street, Birmingham—I was to inquire his opinion of the firm, Frederick Reeves and Co.—I did not see Taylor on the subject—I went to his premises to see him, but did not—I was residing at Birmingham—I did not receive any written communication from Mr. Taylor.
REBECCA BRADY . I am a widow, and live at 54, Wood-street, Cheapside—I know Kelly, he took an office at my house in the name of Campbell Kelly, just a month before Christmas—I don't think he commenced business there—cases came in and went out again, they did not remain there long.
Cross-examined by MR. WILLIAMS. Q. Do you remember parcels coming with the name of Mr. Benjamin Taylor, Birmingham, on them? A. Yes, frequently, large parcels.
MR. SERJEANT BALLANTINE. Q. Do you know where they went to afterwards? A. No, I do not.
FREDERICK HUGHES . I saw Kelly in Langbourn-chambers—I suppose he was acting under the name of Mr. Reeves—I saw a gentleman acting as a clerk in an outer office, and he went into the inner officer and said, introducing me, "This is Mr. Hughes, about the carpets"—he gave me a reference to Taylor of Birmingham, giving me the name of Reeves.
HENRY WEBB . I am a detective officer of the City of London—I took the two prisoners into custody on 5th August, at the Farringdon-road Railway Station—Taylor came in by the train, and Kelly was in the street—when Taylor came up he went and spoke to Kelly—I then arrested them—I know Farnham—I believe he is at Ostend, I have a warrant for his apprehension—I have seen him at Kelly's; that was when Kelly was acting as Reeves and Co., not frequently, but once or twice—I took possession of some papers at the office in Langbourn-chambers—Kelly did not reside there, I could not find out where he did reside. (A number of letters from Kelly to Taylor were put in and read, dated respectively, January 5th, 13th, 21st, 23rd, 24th, 26th; February 1st, 4th, 8th, 14th, and 25th, 1865; they referred chiefly to procuring parties to accept bills, and to the taking offices in various names. MR. RIBTON tendered several letters of Taylor's as part of the correspondence, which MR. SERJEANT BALLANTINE consented should be put in as part of the evidence for the prosecution if proved to be genuine.)
FREDERICK KELLY (examined by MR. RIBTON). I am the brother of the prisoner—I gave a packet of letters to the attorney for my brother, about a month or six weeks ago—I examined some of them—I believe these are some of the letters, there were a great quantity—I received them from Kelly's wife about six weeks ago.
MR. SERJEANT BALLANTINE Q. to whom did you deliver them? A. Mr. Wyatt, he is the present attorney, and has been so all through—I believe another attorney was employed to get bail for my brother, by his wife or mother—I gave them to Mr. Wyatt before last Session.
MR. RIBTON. Q. Has he been in custody ever since? A. Yes, he has been four months in custody.
The letters from Taylor to Kelly were here read; they were dated January 3rd, 12th, 13th, 14th, 18th, 20th, 21st, 23rd, 31st; and February 16th, 1865. They went at considerable length into the details of the business, and complained of great pressure in carrying it on.
Several witnesses deposed to Taylor's good character.
GUILTY on the First ten counts. — Confined Eighteen Months each.
JANET DUNN I live at 1, Charlotte-row, Angel-alley, Bishopsgate-street—last Sunday fortnight, the 5th November, I was with my daughter in Bishopsgate-street, between 8 and 9 o'clock—there was a mob, and I asked them to let me pass—the prisoner was there, and he told me I could not pass then—he afterwards said, "You can pass now," and I went past—I then put my hand in my pocket and missed my money—I went and looked after the prisoner, and called, "Police"—I saw him a little way off, and went and took hold of him, and said, "You have taken my purse with my money"—he was going to speak, and I said, "Don't deny it"—he then said if I would not lock him up he would give mo back all my money—he then gave me two sixpences in my hand; one dropped, and he stooped down and picked it up—he then gave me a shilling, and then a 2s. piece, and then the policeman came up and took him—there was 7s. 6d. in my purse, and he gave me 4s.—I saw my purse at the Mansion-House afterwards.
Prisoner. Q. Did not I say that a boy had picked up the money and given me half? A. No—I saw another boy run away, and the prisoner called to him, but he did not come back.
ALFRED GASWELL (City-policeman, 655). About a quarter-past 9, on 5th November, I saw a crowd in Bishopsgate-street, and some persons had got hold of the prisoner—the prosecutrix said he had picked her pocket of her purse and 7s. 6d.—I took hold of him, and he said, "I have given her back all I took"—I took him to the station-house—he stated afterwards to me that he picked the purse up, and there was is. in it, and he took the money out and threw the purse into the street—it was picked up on the following morning by the scavengers, and brought to me—it was owned by Mrs. Dunn.
Prisoner's Defence. The boy picked up the money and gave me half, and the woman came up and heard of it, and said it was her money, and I gave it to her. I called after the chap who picked it up, and he was gone away.
PLEADED GUILTY** to a former conviction of felony at Clerkenwell, in December, 1863; Sentence Twelve Months.— Seven Years Penal Servitude.
The following prisoners PLEADED GUILTY:—
He received a good character.— Five Years' Penal Servitude . [Pleaded guilty: See original trial image.]
5. EMILE KAFTA (19) , to two indictments for stealing 300 yards and 80 yards of silk of Adolph Hoezburg and another, his masters. Recommended to mercy by the Prosecutor.— Confined Six Months. [Pleaded guilty: See original trial image.]
7. JAMES BENNETT (30) , to two indictments for stealing 66 yards of twill and 51 pieces of silk of George Heiron and another, his masters.— Confined Twelve Months ; [Pleaded guilty: See original trial image.] and
8. JAMES NEWTON (27), and GEORGE WILLIAMS (22) , to a burglary in the warehouse of Charles Coutts, and stealing 214 postage labels and 1s. 2d. in money, his property.— Confined Nine Months each. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, November 20th, 1865
Before Robert Malcolm Kerr, Esq.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
JOHN HENRY NEWHOUSE . I keep the Black Bull—on 22d October, about a quarter to eleven o'clock, the prisoner came for half a pint of porter and gave me a shilling; I gave him 11d. change; he picked it up so quickly, that I looked at the shilling and found it was bad—I went to the door, but there were a lot of people there and I could not see him—my mistress put the shilling in the fire and I saw it melt—on 8th November, at a little past eleven, the prisoner came again for a glass of cooper which came to 1 1/2 d., he gave me a shilling—I told him it was bad; he said that it was good—I marked it and gave it to the constable—I told the prisoner he had given me one before; he said that he never was there before.
JAMES SHARPE (Policeman, K 306). I took the prisoner, and received a bad shilling from Newhouse—I told the prisoner the charge; he said that he did not know it, he had been at work at the London docks and received 4s. 8d., that he changed a halfcrown somewhere, he did not know where—I asked him about the shilling again at the station, and he said, "I knew it was bad, I did not mean to utter it there."
GUILTY . He was further charged with having, been before convicted of a like offence, when he was sentenced to four years' penal servitude, to this he
PLEADED GUILTY.**— Fifteen Years' Penal Servitude ,
MESSRS. CRAUFURD, and COLERIDGE conducted the Prosecution, MR. PATER appeared for Benton,MR. COOPER for Rothery and MR. CUNNINGHAM FOR
JOHN EAVES . I am a market gardener—on 20th October I was in Farringdon market with some goods, between eight and nine o'clock, and saw Hatton and Rothery there; Hatton bought a bushel of onions of me for 15d, he gave me a halfcrown; I found it was bad, and showed it to a man by my side—I gave it to the beadle, and gave Hatton into his charge when he came back for his change and returned me my sieve.
MICHAEL DRISCOLL . I am a porter of Covent-garden and Farringdon markets, it is my duty to mind the carts—on 20th October I was in Farringdon market and saw the beadle take Hatton in custody, the other two prisoners were with him, they were all talking together—they had a barrow and a bushel of onions—on Saturday 21st I saw them in Burleigh-street, Covent-garden, they had a barrow—I spoke to the beadle and he watched them with me—Hatton took a handkerchief out of his pocket and gave the others something out of it several times, and also to two other men—he was standing in a doorway three or four yards from me—the men then went to the market and were away ten minutes or quarter of an hour and came back with cabbages, turnips and flowers—I watched them from quarter past eight to ten—when they came back Hatton gave them something from the handkerchief again, and the four men went away again—when they saw the inspector they all ran away—I saw a constable coming in sight, and saw Hatton swallow two half-sovereigns; he also threw down a halfcrown which I picked up and gave to the beadle—I took Hatton to the station, he said, "Do not lock me up, it will not do you any good"—the barrow was taken to the station.
Cross-examined by MR. PATER. Q. Was that market day? A. Yes; there were a great many persons about, but nobody with these five—when they brought the vegetables to Hatton they put them on a barrow—I have seen Benton in the market several times.
Rothery. Q. Have you seen me in the market by myself? A. No; but I have seen you all together.
Cross-examined by MR. CUNNINGHAM. Q. Were there any nuts In the barrow? A. No; we took everything out of it to take it to the station—it was not apples or vegetables that Hatton handed to the others; it was a very wet day—the constables were about twenty or thirty yards off when Hatton put something into his mouth—they were not forty yards.
GEORGE GRAY . I am a beadle of Covent-garden market, Burleigh-street-end—on 21st October Driscoll spoke to me and I saw Hatton standing in a doorway, and the other two prisoners and two others constantly coming backwards and forwards to Hatton from eight in the morning till after ten; he gave them something which looked like money from a handkerchief or rag, and they brought vegetables back and put them on the barrow—about ten o'clock I went to the police-office and left Driscoll in my lodge to watch the prisoners—I was away four or five minutes, and when I came back Hatton was in the doorway and the other men also, they all five ran away directly Mr. Brannan appeared, leaving their barrow and all their goods—I followed them and saw Benton throw some halfcrowns on the ground which I picked up—Driscoll took the other two prisoners—I said to Benton, "You shall not throw any more money away"—he said, "I have not thrown any away"—Driscoll gave me this bad halfcrown."
Cross-examined by MR. PATER Q. How far were you from Benton when you saw him throw it away? A. Further than the length of this Court—there were no other persons about there—a cry of "Stop thief" was raised—the streets are ordered to be cleared by the Board of Works between nine and ten o'clock, and there was hardly anybody there.
Rothery. Q. What did you say Hatton gave me? A. I did not notice him give you any coin, but you were with the others.
Cross-examined by MR. CUNNINGHAM. Q. Why do you suppose it was money that was passed? A. Driscoll told me that money was passed and I had a right to suppose so—I never saw the prisoners before and have no ill-feeling in the matter.
WILLIAM ACKRELL (Police-sergeant, F 15). I was on duty in Bow-street, and received information from Gray—I was in private clothes, but Inspector Brannan was in uniform—I followed Gray down Tavistock-street, towards 1 Burleigh-street to the market, and saw the prisoners standing round a bar row, opposite a doorway—I was about eighteen yards from them, they turned their heads towards us as we came in sight, and all ran away—I was then seven or eight yards from them—I followed Rothery and saw him put two florins in his mouth, he appeared to be choking—he was stopped in Maiden-lane by another officer, and I took him in custody—he swallowed the coins—I found on him 9s. 6d. in silver and 2 1/2 d. in copper—the other two prisoners were brought to the station—I found on Benton thirteen shillings, three sixpences, and 10 1/2 d. in copper; this bad half-crown (produced) was amongst it; the good money was in his trousers pocket, and the bad in his coat pocket—on Hatton I found two good florins wrapped in paper and a bad halfcrown.
Cross-examined by MR. COOPER Q. Where did you find the halfcrown? A. In Rothery's trousers pocket with other money—I was by his side when he swallowed the money—he remained in the station all night—I told the inspector I had seen him swallow the coin—he was taken, before the Magistrate at about twelve o'clock the same morning and was committed to prison—I gave evidence of his swallowing the coin.
Cross-examined by MR. CUNNINGHAM. Q. Are all these four coins of a different date? A. Yes—three of them are, I believe, from different moulds.
JAMES BRANNAN, JUN . (Police-inspector). was on duty when Gray gave information—I went with Ackrell towards Covent-garden market, but a different way—when I got into Burleigh street I saw the prisoner and two other men, who have escaped, standing near a barrow in conversation—they saw me and walked away in the direction of Tavistock-street, and when they got to the corner they commenced to run—I was in uniform—I saw Rothery put his right hand to his mouth—I followed him; he was stopped in Maiden-lane—I came up half a minute afterwards and Ackrell handed me eight shillings, three sixpences, 2 1/2 d. and this bad half-crown (produced)—I saw Ackrell search the other two prisoners at the station and take a half-crown from each of their pockets.
Cross-examined by MR. PATER. Q. What dates have the halfcrowns? A. Two are of 1836, and two of 1825.
GUILTY .— Confined Two Years each.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution, and MR. KENEALEY. the Defence.
JAMES BRANNAN . I was twenty-five years: in the police, and am now in the employ of Her Majesty's Mint—on Saturday evening, 21st October, about a quarter to seven o'clock, I went to the prisoner's house, the Swan, 20, Little St. Andrew-street, Seven Dials, with Inspectors West, Brannan, and Fife, and Sergeants Ackrell and house had been under observation since the early part of June—I have known the house eight or nine years—I knew the prisoner by sight before, and found him standing behind the bar—West took him in custody, and took him into a back room—I followed with the other officers, and said that we came then with
a search warrant signed by one of the Magistrates of Bow-street, to search for counterfeit coin, and asked him whether he had any in his possession—he hesitated and then said, "No."—I said, "You are entitled to have the warrant read to you if think proper"—he said, "There is no occasion, MR. Brannan."—West commenced searching him, and I went outside the bar with Fife to command a view of the inside—I afterwards returned to the prisoner and asked him whether there was a back way out of the premises—he said, "Yes" and I directed the officer to search the back yard—the prisoner entered the yard first, followed by West—I took a lantern and saw West go to one closet and then to a second, when he put his hand between the rafters and the tiles and handed me seven packets—I opened one—it contained ten bad shillings, and West opened another—six of the packets contained ten shillings each, and one contained nine—when I opened the packets I said to the prisoner, "This is bad"—he said nothing—I then went outside the bar, and West and Ackrell went upstairs with the prisoner—they did not search him till they returned downstairs—they then searched the bar—there was an elderly female there, and I believe the prisoner's two daughters—one of them handed me a packet containing twelve fragments of counterfeit coin, old and discoloured—she said, "This we have taken in the way of trade"—I said, "Oh, very well"—Ackrell and Elliott searched a little closet behind the bar which she took the fragments from—I heard something drop—the female stood between me and the officers—Ackrell then handed me two bad shillings and Elliott three bad shillings—the females had no bonnets on—they were evidently behind the bar attending to the business—the middle-aged woman attempted to take a packet from Elliott's hand, but did not succeed—he handed it to me, and she said, "Them were not there last Saturday fortnight when I cleaned out that place"—they were bad shillings—we all went back into the parlour, and the prisoner said, "Do they correspond in date with those you found in the privy?"—I looked at them, and said, "Yes, some of them"—he said, "Let me look at one of them"—I said, "Certainly, you shall have every indulgence"—he bit it in two; I produce the pieces—he was taken to the station—the coins were wrapped up separately in tissue-paper as counterfeit coin usually is.
Cross-examined. Q. Were you all in plain clothes? A. No; two Inspectors were in uniform—the prisoner did not order me out of the bar when I went in, and say that it was private—he has known me for years, and knew me when I was in the police—he did not say, "You are quite welcome to search, I have nothing about my premises of which I am ashamed"—when they went upstairs he said to his daughter, "You had better get a candle"—there was no candle in the yard, only the lamp we brought from the station—I do not think we were twenty minutes before we went into the yard—we were not two hours searching—I was only keeping the females under observation—the prisoner was searched, and some gold was taken from him—I did not direct the females to be searched—I did not see them searched—after the money was found in the closet I directed a search to be made of the whole house, and then the prisoner told his daughter to fetch a candle to shew the policemen about the house—I remained in front of the bar, because I saw the old woman concealing a bottle of gin, and the middle-aged female excited my suspicions very much—they were serving the customers—Elliott and Ackrell first searched the bar—I noticed some barrels standing on a shelf—I do not think the female took them down—she put her hand
behind them, but she stood between me and the officers, and I could not very well see what she did, as her dress was rather extended—the Shelf was twelve or thirteen inches from the floor—I saw no bottles removed from the shelf before the money was found—they were from seven minutes to a quarter of an hour searching all the shelves—the female was between me and them—told her to stand on one side, but she would not, and I said, "What, do you want me to apply force"—I do not mean to say that any of these coins correspond with those found in the privy—they told me that they were taken in the way of business—I did not hear the prisoner make a similar statement—I did not hear one of the females say to Elliott when the coins dropped, "If you found it you put it there"—I do not think the till was searched—every cupboard was searched, and I believe all the drawers were pulled out, but nothing was taken possession of.
MR. CRAUFURD. Q. What sort of place is this closet? A. It is a sort of cupboard behind the bar, a shelf where bottles or plates might be put—it is three feet six inches or four feet from the bar to the shelf—when I went in the prisoner was behind the bar, and a woman of thirty, and a girl—they ran about in a very confused state, which caused me to make some remarks—none of the officers searched the bar till they came downstairs again—that is why Fife and I placed ourselves in front of the bar—we have had the house under observation ever since June.
JOHN WEST . I went with the other officers to the Swan, and saw the prisoner behind the bar—I called him into the back parlour—Inspector Brannan took a warrant out of his pocket, and told him he had a warrant to search his place, as he was suspected of dealing largely in counterfeit coin—it was not read—I found 18l. odd, in good money on him—I think he said, "You are at liberty to search my place"—MR. Brannan said, "Have you got a back yard?"—the prisoner went into the yard, and I followed him—Ackrell and Brannan followed us—it was about a quarter to seven o'clock—I had one of our lamps—I searched the closets—in the first I found nothing, but in the second I found seven parcels on the rafters—I saw them by turning on my light, and handed them down—I said, "Here is something looks bad here"—I unfolded one packet, and said, "You see, this is counterfeit coin"—the prisoner made no remark—I took him to a room while the house was searched by Brannan and Ackrell—nothing was found—we were up stairs, I should think, an hour and a half—we then came down into the bar, and Ackrell and Elliott searched the bar—while I had charge of the bar, standing by the parlour door, within the bar I could see Ackrell and Elliott, but could not see what they were doing—two hours or more were occupied—on the way to the station, the prisoner said that it was an unfortunate affair about the coin behind the bar; they had taken a great deal when he first came into business at that house, but he did not remember taking any lately—the charge was read at the station, and he wanted to know whether the dates of the coins found behind the bar corresponded with those found in the closets—we examined them, and Brannan told him that they did—I took some good silver from his pockets.
Cross-examined. Q. Did not he say, "You will find nothing on my premises of which I am ashamed?" A. I do not remember it—persons can go through the bottle and jug department to the yard where the privy is—a door opens into the yard, and another into the parlour—the yard is a very small place—there are a very few yards between the bottle and jug department and the yard—we were ten minutes or a quarter of an hour
arching the yard—the prisoner was with me—I did not hear him call to his daughter to fetch a candle when we were going upstairs—I did not see her give Brannan a candle—they were up before me, and I begged the daughter to take up alight—when we came downstairs Brannan asked for the key of a desk, but it could not be found—whether it was afterwards found I do not know—I have seen a shelf with barrels and taps when I have visited the house—I saw the daughter remove some bottles—I did not hear her make any observation when Elliott produced the money—a woman was there with a box which she said had bonnets in it—that box was not searched—I have not compared the dates of the broken coins with those found in the water-closet—the prisoner did not say that it was a complete mystery to him how the third package came there—he said it was an unfortunate affair—I made no note of what he said.
MR. CRAUFURD. Q. Is there any access to the back yard except behind the bar? A. Yes, you can go from the parlour or from the front of the bar—any customer can get there if the door is unbolted, but no one can get in except from the house—the door leading into the passage was open, but I did not try at either door when I went into the yard.
WILLIAM ACKRELL . (Policeman, M). I went with the other constables to the prisoner's house, and found him behind the bar—he went first to the back yard with West—I followed, and Brannan stayed at the door—I saw West stand on the seat of the closet and touch the rafters, where he found some packets—he said to the prisoner, "This looks like bad money"—he had a lamp in his hand—Brannan opened the two packets in the prisoner's presence—we searched the house and the bar, and on a shelf behind the bar we found twelve pieces of bad money, which the daughter said she took over the bar in the way of business—as I was handing them to Brannan I heard something drop on the floor from behind—I turned round and picked up two shillings, which I handed to Brannan, who said they were bad—I saw Elliott find three more behind the shelf; also a little parcel containing four more bad shillings, which he handed to Brannan—the shelf was about nine inches from the ground.
Cross-examined. Q. Did you hear the prisoner say, "You are at liberty to search, there is nothing about my premises of which I am ashamed?" A. No; I must have heard him if he did—he was loath to go to the yard, Mr. Brannan said, "Have you a back yard," and he said, "This is the way up stairs"—we passed to the yard from the bar parlour door, which was wide open—there is not another entrance to it from the bottle and jug department—any person in the bottle and jug department can walk straight into the yard without passing through the bar-parlour, but they must pass close to the door—there are two doors, but there is only one entrance into the yard—neither of them was fastened—we were, I should say, about two hours and a quarter up stairs, searching—I did not see the woman's bonnet-box searched—the boxes up stairs were searched—I did not hear Brannan say that they were not to let the women go that were in the bar—I did not see any desk, or see the prisoner's daughter produce a key—I had nothing to do with searching the bar-parlour, I was watching the door that no one should come in—I did not examine the shelf before Elliott went there—I took one of the casks off the shelf, and I believe Elliott took the other—the shelf was not shifted; it is a fixture, I believe—when the bottles were taken down, everything on the shelf could be seen—I was about ten minutes searching—I saw nothing on the shelf after the bottles were removed—the third parcel was found on the shelf close by where Elliott was standing—
that contained four loose shillings and three other shillings—the shelf is two or three yards long—the daughter was coming between us every moment, in the bar—I did not hear her tell Elliott that he had put the bad money there—she did not say it in my hearing, and Elliott and I were side by side—she did not say in my hearing when the third parcel was found, "If you found it there, you put it there."
MR. CRAUFURD. Q. Was the shelf divided into compartments? A. Yes; each is about a yard long.
ARTHUR ELLIOTT (Police-sergeant, G 13). I was with the other officers—I was in the parlour while they went into the yard, and upstairs—I was then ordered to search the bar, which I did with sergeant Ackrell—the place behind the bar is about a yard and a half wide, and five or six inches long—I searched a shelf there which is about a foot from the ground—the bar would hide it, if no one was standing in front—I had to go on my knees to search it—I was going to take down a stone jar from the shelf, when the prisoner's daughter said, "I will take it down, if you please"—she did so—I then took some newspapers off the shelf, and two shillings fell at my feet—Ackrell picked them up, and the daughter said, "That is all you will find, and no doubt they were taken in the same way as the others were"—I suppose she meant the broken pieces—I continued my search, and found three loose shillings on the same shelf—on another shelf, between two stone jars, I found a paper packet containing four shillings separately rapped in paper, which I banded to Brannan—as I did so, the prisoner's daughter's hand and mine went to Mr. Brannan's at the same time; our hands met—I believe she spoke to Brannan, but I did not hear what she said—I found a purse on the same shelf, containing three Hanover medals.
Cross-examined. Q. Did they get into the yard from the bar, or from the bar-parlour? A. They passed through the bar—I did not hear the prisoner tell his daughter to fetch a candle—I did not see any light when they came in from the yard, only the gas-light—I remained in the bar-parlour all the time the officers were upstairs searching—we were there an hour and a half or two hours—I did not see the daughter fetch a key to open the desk—I did not see the desk opened and searched—I looked into the box of a woman—it contained some children's bonnets, and some ribbon—I told the woman she had better wait and see Mr. Brannan before she went, and she said, "We had better wait and see it out"—we were about five minutes searching the shelf—I cannot say whether the daughter was helping to pass the coins to Brannan when she put her hands out—I do not think she tried to seize the parcel—she said, "If you found it there, you put it there"—that was in reference to the first two shillings—she was very calm and cool—Ackrell could hear her say that, I suppose.
MR. CRAUFURD. Q. When they fell, did she say, "That is all right, you will not find any more?" A. Yes—she immediately added, "If you found them there, you put them there"—she made no observation about the other two shillings.
JOHN FYFE (Police-inspector, G). I went with the other officers to the prisoner's house—I remained in the bar all the time—I did not search it—I saw the prisoner's daughter take down one cask, and Elliott took down another—I did not see him remove the shelf—two shillings fell on the floor—Ackrell picked them up, and Elliott took up some loose shillings and a paper packet—they fell on the floor from the shelf, as he removed the purse.
Cross-examined. Q. Where were you? A. In front of the bar—I could see perfectly clear all he was doing—the landlord's daughter put out her
hand to the packet, but I do not think she intended to take it—I saw no resistance offered.
WILLIAM WEBSTER . This packet, found behind the bar, contains nine bad shillings—one is of 1816, four of 1853, and four of 1858—these seven packets of shillings found in the closet, are all bad—I have taken out only one packet containing nine, and compared them with these I have spoken of before—there are two of 1816 of one mould, and the same mould as the first; one of 1853 from the same mould as the four in the first packet, and six of 1858, all of the same mould as the three in the first packet—I did not go further than that for moulds, but can do so—I have examined the others and find they are bad, but have not examined them as to the moulds—I never see a coin until I am called into the witness-box.
The prisoners statement before the Magistrate,—"I was not aware that anything of the kind was on my premises.
GUILTY .†— Five Years Penal Servitude.
NEW COURT.—Tuesday, November 21st, 1865.
Before Robert Malcolm Kerr, Esq.
PLEADED GUILTY — Confined Twelve Months.
MESSRS. CRAUFURD and COOKE conducted the Prosecution.
HENRY HITCHCOCK . I assist my mother, who keeps the Norfolk Arms, Essex-street, Islington—on 12th October, Ford came in for half-a-quartern of shrub, which came to 2 1/2 d.—he gave me a half-crown—I noticed that it was bad, and passed it to Allen, who gave it back to me—Ford said that he took it at his barrow the night before when he was drunk—he then paid me with twopence and left—the half-crown was bad, and had a scratch on the neck—the date was 1819—I saw some half-crowns produced at the police-court—it was not one of those.
GEORGE ALLEN . I am manager at the Norfolk Arms—I was present when the prisoner came in—Hitchcock gave the half-crown to me—I marked it, gave it back to him, and told the prisoner it was bad—I asked him where he got it; he said, at his stall the night before, when he was drunk—I saw Hitchcock give it back to Ford—he left, and I followed him about sixty or seventy yards—he went up Church-street and joined Palmer—he was on the same Bide of the road as she was, but she crossed, and he crossed to her, and they went on together to the Cleveland-road—he left her standing while he went over into the Mitre—he was only a minute or so there—he came out and she crossed the road to him—they then walked together towards the Downham-road—a constable who was with me all the time, apprehended them—Ford was then slightly in advance of Palmer—he passed Palmer, touched Ford on the shoulder, and then seized Palmer, and handed Ford over to a gentleman who is not here—Palmer held her left hand very tight, but the constable succeeded at last in getting it open, and I saw a paper drop into the constable's hand—he said, "You see how many pieces"—I said, "How many?"—he said, "Four"—I saw four half-crowns in the paper—one was of 1819, but the others were different.
Ford. Q. Did not you say before the Magistrate that I went some distance down the Essex-road, and then the woman crossed to join me?
A. Yes—I have not said three distinct times that the woman crossed to you and joined you—she did join you—I heard no conversation between you.
MR. CRAUFURD. Q. Did you see them cross the road two or three times? A. Yes, three times—I can't say that they were talking, bat they were in company.
JOHN MCCARTHY (Policeman, N 544). On Thursday afternoon, 12th October, Allen called me—I went down the Cleveland-road, and saw the prisoners walking shoulder to shoulder towards the Downham-road—I drew back till they turned the corner—I then went to the corner, and they had I crossed the Southgate-road into the Kingsland-road, where Ford left Palmer, crossed the road, and went into the Mitre—Palmer stopped, looking in the direction he had gone, and when he came out, she crossed over to him—they walked on several paces—Palmer turned her head and saw me, and Ford went on in front—I passed Palmer, tapped Ford on the shoulder, and said, "I shall take you into custody for attempting to pass bad money"—he said, "I know nothing of it"—Palmer's right hand was partly closed—I caught hold of it, and said, "What have you got there?" she said, "I shall not tell you"—I tried to force it open; she held it very tight, and I could not succeed—Allen came up, and he tried—I told her I should take her for being concerned with the man in passing bad money—she said, "I do not know him"—I told Mr. Shaw, who was close at hand, to take Ford, and I took Palmer—I pressed my thumb on the back of her hand till she asked me to Release it—I said, "If you will give me what you have got, I will"—she Opened her hand, and dropped these four half-crowns into mine—they were wrapped up, just sufficient to separate them—I held my hand out, and said, "You see how many"—she made no reply—I examined them at the station, they were bad—I marked them—I found on Ford 6d. in coppers—I also received 6d. in coppers from the female searcher.
Ford. Q. You told me, before the Magistrate, that you heard no communication between us? A. I never heard you speak—it is quite possible that you may not have known her.
MR. CRAUFURD. Q. Had you them in view the whole time, except in Church-road? A. Yes—they were walking together, but Ford was some—I times in front and sometimes Palmer—they walked ten or twelve paces before Palmer saw me.
MR. WEBSTER. These coins are all bad.
Ford's Defence. I think it a very hard thing for me to walk along the streets and be accused of being in this woman's company, when none of the witnesses can say that there was any communication between us. Why should I pay half-a-crown, when I had small money in my possession? The half-crown was not found upon me, and yet I was never seen to throw it away.
FORD, GUILTY — Confined Twelve Months.
MR. CRAUFURD conducted the Prosecution and MR. PATER the Defence.
CATHERINE ANNIE PENFOLD . I am barmaid at the Charing Cross Restaurant—on 26th October, about a quarter before 4 o'clock, the prisoner came for some brandy, which came to 4d—he gave me a crown—I took it to our manager, who said that it was bad—he fetched a detective, and I pointed out the prisoner, who said, "Let me pay for what I have had"—he gave a half-sovereign, and I gave him 9s. 8d. change.
Cross-examined. Q. How long have you been barmaid there? A. Only six months—I served the prisoner with four penny worth of brandy, not
half a quartern—nothing was said about the price—I had to leave him for a minute or two, while I spoke to the manager—there was another young woman in the bar—there were several persons outside the bar when I left it.
CHARLES PIGOTT . I am superintendent of the refreshment rooms at Charing Cross Station—I was at the bar taking cash, but not where I could see the prisoner—the last witness handed me a bad crown—I went for a detective, marked it, and gave it to him—he went round to the bar, and I went through the Restaurant to the bar, and asked the prisoner if he had given a 5s.-piece to pay for what he had had—he said, "Yes"—Toby showed it to him, and said, "Is this the one you gave her"—he said, "Yes"—I said, "It is a bad one"—he said, "Is it? I was not aware of it"—I said, "Have you got any more"—he said, "No"—he took out his purse and gave the barmaid a half-sovereign—I told her to give him change—I said, "From whom did you take it"—he said, "From Mr. Jones, a commercial traveller, who has now gone into the country, and I do not know where to find him."
Cross-examined. Q. Were you away ten minutes? A. No, about three minutes—there was not the slightest hesitation in his voice or manner—Toby said, "You had better come with me to Bow-street," and I went—we waited a considerable time, during which the prisoner begged me not to press the charge, as he was a poor man, and had only been up from Bristol three days—half a quartern of brandy generally comes to 6d. but we sell it at 4d. a glass.
THOMAS TOBY . I am a constable employed at the Charing Cross Hotel—on 26th October Mr. Pigott sent for me—I went one way to the bar and he went the other—I said to the prisoner, "Do you know you have passed this bad 5s.-piece"—he said, "I did not know it was bad"—he wanted me to give it to him, but I gave it to Mr. Pigott—the barmaid said, "You have not paid for the brandy"—he asked the price—she said 4d.—he offered a half-sovereign and she gave him the change—I was not satisfied that he knew it was bad—I went into Villiers-street, and saw Inspector Brannan, and took him with me—we found the prisoner in a coffee-shop in Duke-street—we fetched him out and took him back again—we searched him, but not very carefully, and, in Villiers-street, I saw that he had something in his mouth; I could see the edge of some coins, and found it was three shillings—I seized him by the throat; but we were obliged to let him go, or he would have been strangled, and he swallowed what he had—MR. Pigott charged him—we went to the station, and I found on him 9a. 6d. in silver and 6d. in copper—I believe a doctor was sent for after I was gone.
Cross-examined. Q. Was not he searched at the Charing Cross establishment? A. No; but at the public-house bar we looked into his pockets, though not very carefully—I searched him in Brannan's presence—I joined the police in '57, and am a reserve man—I am employed by the Charing Cross Railway Company—persons were passing by when he put his band to his mouth in Villiers-street—I seized him at once—he went from the Charing Cross bar down Villiers-street, between Brannan and me"; but I was not to take him in charge, if he had not put money into his mouth—he was not in custody then—he was confined in a private cell to see whether he had swallowed coin; but bad money will dissolve—I do not know whether his evacuations were examined—I mentioned the act of swallowing to Sergeant Tompson, who took the charge.
told me something, and pointed out the prisoner to me in a coffee-house in Duke-street—I said to him, "I am given to understand that you uttered a bad 5s.-piece at the Charing Cross Hotel"—he said, "I did not know it was bad"—I said, "You will have to come back with us"—we took him into a public-house—I assisted Toby in searching him—I left no bad money in the pockets I searched—the prisoner walked between us—we had not hold of him, and when we got about twenty yards from the public-house, he put his hand to his mouth, and attempted to swallow something—Toby seized him by the throat; he struggled and held down his head; he turned black in the face, and blood came oozing from his mouth—I said, "Let him go, you will strangle him"—I took him to the refreshment rooms, and was then obliged to leave, as I was engaged in a case at the police-court—the prisoner afterwards complained of pains at the pit of the stomach, and I said to the doctor, "I think he has swallowed bad money"—the doctor said that, if he gave him an emetic to make him sick, the coins might choke him—he was kept in a private cell, and a pan was used, but nothing was found—he was only watched during the night—he said something to the doctor about diarrhoea and prolapsus ani.
MR. CRAUFURD conducted the Prosecution.
SARAH ALLARDYCE . I keep a baker's-shop, at 88, Mary-street, Hampstead-road—on 2d October the prisoner came to my shop about a quarter to 9 in the evening—he asked for a quartern loaf—it came to 6 1/2 d.—he gave me a crown—I gave him the change and he left with the loaf—I kept the crown in my baud, examined it with my man, and found it was bad—my man went after the prisoner and brought him back—I said he had given me a bad crown—he said that he did not know it—he had no more money—I sent for a constable, and gave him into custody with the crown.
WILLIAM GOOD (Policeman, S 368). I took the prisoner on 2d October—I received a crown from the last witness—I searched the prisoner—no money was found on him—I took him before the Magistrate—he was remanded and discharged on the 5th.
THOMAS FRANCIS STONELAKE . I am a tobacconist of Packington-street, Islington—on 31st October, about half-past 7, the prisoner came to my house—he asked for an ounce of shag and a penny evening paper—they came to 4d.—he gave me a crown—I told him it was bad—he denied knowing it—I questioned him—he did not give me a very satisfactory account, and I gave him into custody.
GUILTY .— Confined Twelve Months.
MR. CRAUFURD conducted the Prosecution, and MR. PATER defended
RAPER. MARIA MORTON . I am barmaid at the Farringdon-road Railway-station refreshment-rooms—on 27th October, about 6.30 in the evening, Phillips came for a glass of stout, which came to 2d.—she tendered me a florin—I told her it was bad—she paid me 1 1/2 d., that was all she had—I took it, kept the florin, and gave it to the manager—Till came in shortly afterwards for a glass of stout, and gave me a bad florin—she wanted me to give it to her back—I would not do so, but gave it to the manager—she did not drink the stout—I pointed her out to Mr. Duback, and she was given in custody.
Till. I paid 3d. for the stout and drank it. Witness. Yes.
JOHN DUBACK . I am manager of the refreshment-rooms, Farringdon-road station—on 27th October the last witness gave me two florins—I went out and followed Till as far as the corner of Farringdon-road—she joined the other two prisoners, who were standing outside the City Arms—they talked together for about five minutes, and then Raper and Till crossed the road—Phillips followed them, and they all went into the Blue Anchor—I called a policeman—I did not go in, but I saw them all three inside drinking—I waited till they left, and pointed them out to the constable.
Cross-examined. Q. What did you do with the first coin? A. I put it in my pocket—I had other coin there of the same description—I kept the second coin in my hand—the Blue Anchor is on the same side of the way, about thirty or forty yards further on.
MR. CRAUFURD. Q. Was the first florin that was given to you bent? A. Yes—I had no other bent florin in my possession.
WILLIAM HENRY TRAFFORD (City-policeman 231). I was on duty in Farringdon-street, and was called by Duback into the Blue Anchor—I found the three prisoners there drinking—Till came out first, and the other two followed—I told Till she was charged with passing a bad florin at the Metropolitan refreshment department—she said, "What do you mean?"—I said, "That is what I mean"—she pointed to Raper and said, "That is my brother-in-law, he gave it to me"—he was in advance of her—she said Phillips was her sister-in-law—I took them to the refreshment-rooms, and thence to the station, where they were all put in the dock, and stood touching each other—Till gave me a purse, and said, "There is a packet in this purse wrapped up, which contains money, which was given to me by my brother in-law (pointing to Raper) to keep for him till to-morrow, the loose money is my own"—I opened it, and found a packet containing six florins and a half-crown, separately wrapped in tissue-paper, which were bad; three good shillings, and 6 1/2 d. in copper—Raper said he knew nothing about it—I gave it to the sergeant—5s. 3d. was found on Phillips, and 6 1/2 d. on Raper.
Cross-examined. Q. Can you say whether Raper heard the observation the woman made in the Farringdon-road? A. I cannot—when she said that she received the counterfeit money from him he said that he knew nothing about it—no bad money was found on Raper.
WILLIAM ROWLAND (City-policeman). I was with Trafford in plain clothes—Till came out of the Blue Anchor first—I took hold of Phillips and Raper—I heard Trafford speak to Till, and in consequence of what he said I stopped Till, and said to Raper, "This woman is charged with passing bad money at the Underground Railway, and says that you gave it to her"—he said, "What of it?"—I said, "Is that all the explanation you have to give?"—he said, "I never gave it to her"—I said, "Do you know this woman?"—he said, "Yes," and that he met them in High Holborn, Oxford-street end, and walked with them to the public-house in Farringdon-street,
where they had a quartern of rum, which he paid 6d. for—I took him to the railway-station, and then to the police-station—Phillipe put his hand to his mouth going along, and another officer and—I took hold of his throat to prevent his swallowing, but I thought we should strangle him, and let go—he swallowed it—I found 6d on Raper.
Cross-examined. Q. You say he said, "What of it"—did not he say, "I am certain I did not "or" It is no such thing?" A. No; he immediately afterwards said, "I never gave it to her."
ELIZABETH BARNFORD . I am barmaid at the Blue Anchor, Farringdon-street—on the 27th October the prisoners came in together, Raper asked for a quartern of rum—I served him—they all drank of it, and Raper paid with a 6d.
THOMAS KNOWLES (Policeman, G 200). I have known Raper and Till eighteen months or two years—they live two doors from me at Wicklow-street—Hill used to represent herself as Raper's wife, and Phillips represented herself as his sister or sister in-law—I have often seen them together.
Cross-examined. Q. Were you present at the Police-court when the landlady of the house where Till lived was a witness? A. Yes—she flatly contradicted me, but she only said that I was mistaken about the woman living with the man.
Phillips' Defence. It is the first time I have been in trouble; I did not know they were bad. The money found in my purse I received when I pledged something, and the counterfeit money I took in change somewhere.
Till's Defence. I did not know the money was bad, it was given to me by my friend.
PHILLIPS and TILL, GUILTY .— Confined Eighteen Months each
RAPER, GUILTY .*†— Five Years' Penal Servitude.
MESSRS. CRAUFURD and STRAIGHT conducted the Prosecution, and MR. PATER the Defence.
EDWIN BELL . I am a waiter out of employ—on 13th November, about 11.30 in the morning I saw the prisoner and another man near Westminster Abbey, going towards the bridge—they went on board a steamboat—I went on board with them, and got out at London-bridge—I followed them to St. Martin's-le-Grand, and the man not in custody went into a shop—I can't say whether it was a cigar-shop or a pastrycook's—the prisoner stood on the opposite side, by the General Post-office—when the other man came out he joined the prisoner—they went to Jewin-street, Aldersgate, where I saw the prisoner pass something to the other man—I was about 200 yards from them—I still followed them—the one not in custody went into a butcher's shop, in Noble-street—the prisoner remained outside—I went into the shop and spoke to the money-taker—they held one man and let the other man go—he went out of the shop, but in a different direction to where the prisoner was standing—I went out, and saw the prisoner standing at the top of Noble-street, but not in the same place as I had left the man not in custody—I went to him, and said that he was in company with a man who had just gone in—he said that he was a commercial traveller.
and I had better mind what I was saying, as he would make me prove my words—a policeman came up, and I gave him in charge—I followed to the station, and saw a tobacco-pouch drop from the right leg of his trousers, in Fore-street—I picked it up, and handed it to the constable at once—it was opened at the station—it contained five bad half-crowns, and four florins, with tissue-paper between them.
Cross-examined. Q. Where were you employed last? A. At the custom-house—I am not a tide-waiter, but wait in the refreshment-room there—I was there four or five months—my master did not turn me out, I resigned—since that I have been living on my means—I got 10s. a-week and my board as a waiter—I was not acting under instructions when I followed these men—it is not the first time I have been the means of people being taken into custody—I was so nearly five years ago, when a man was stopped by a City-constable with some wool—I was asked if I had seen it, and I said I had—that was quite by accident—I have not been about with constables lately for the purpose of detecting crime—I have spoken to them—when I picked up the tobacco-pouch I said, "Here it is," I believe, and the constable looked round.
MR. CRAUFURD. Q. I believe you have been been occasionally employed to assist the detectives? A. Yes.
HENRY SMITH . On 13th November I was in Mr. Fisher's shop, a butcher, in Noble-street—the prisoner's friend, who was in there, went out, and I followed him—I saw a pouch drop from the right leg of the prisoner's trouser's, over an area—Bell picked it up, and gave it to the constable—I saw it opened; it contained five half-crowns and four florins.
Cross-examined. Q. How near were you to the prisoner when you saw it fall? A. About half a yard—I said, "Here is something"—I will undertake to say that I drew the prisoner's attention to it, but Bell picked it up—the prisoner saw it, for it was handed over his shoulder to the constable—there were only one or two children about—I said to the prisoner, "This came out of the leg of your trousers"—I think I said that before the Magistrate—I am not a detective—I am a fancy-box maker, and have been thirteen years in one place.
WILLIAM NEWEY (City-policeman, 100). I took the prisoner, and told him it was for being concerned with another in uttering bad coin—he said that he could prove his innocence and respectability, and he should make Bell prove his words—I told Bell to keep behind him, to see if he dropped anything—the prisoner called out; I went to speak to him, and Bell stooped down and said in the prisoner's hearing, "Here is a tobacco-pouch come out of the leg of his trousers"—the prisoner said, "What is that you say? very likely you dropped it yourself"—it was handed to me—I examined it at the station—it contained five bad half-crowns, and four florins, each separately wrapped in paper—an imitation watch and chain, a shilling locket, a purse, containing a pawn-ticket and 2 1/2 d. were found in his pocket—the outside part of the seam of his right trousers leg was torn away, so that he could drop the pouch down his leg without drawing his hand out of his pocket—his hand and all could go through—his hands were in his pockets till he got to Fore-street—he gave his address, "Westmorland-place, City-road," which is false.
Cross-examined. Q. Did you see the pouch drop? A. No—Bell spoke first, he said, "Here it is"—he had just picked it up—Bell was the first of the witnesses who went into the station—I had to call Smith in.
GUILTY .— Confined Two Years.
The following prisoners PLEADED GUILTY:—
18. JAMES ASH (25) , to Stealing 1 counterpane, 1 blanket, &c., the property of Frederick Firth, and others, his masters, also 6 blankets, the property of his said master.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
OLD COURT.—wednesday, November 22nd, 1865.
Before Mr. Justice Byles.
MR. MOIR conducted the Prosecution, and MR. RIBTON and MR. W. SLEIGH the Defence.
NOT GUILTY ,
MR. WARNER SLEIGH conducted the Prosecution, and MR. ORRIDGE the Defence.
NOT GUILTY .
MR. COLLINS conducted the Presecution, and MR. PATER The Defence.
CHARLES PACEY . I am a tobacconist, of 6, Windsor-court, Strand—on 31st October, between eleven arid twelve o'clock at night, I was at the Horse and Groom, Bedfordbury—I bad been drinking and had occasion to go to the stable-yard close by, where I was struck by some one and fell on the ground—come-one picked me up, and after that I have no recollection—there were four or five men there—the prisoner was one of them—I was unconscious and do not know what they did to my pockets—I was under the impression that I had money, but I could not have had any, for a friend informs me that I paid what I had to him.
Cross-examined. Q. Have you since ascertained that you were, not robbed? A. I should say not, I paid debt with the money—I might have had a shilling or two, but I cannot swear it as I was drunk MR. COLLINS. Q. Had you a watch and chain? A. No; I left them in charge of the publican.
NOT GUILTY .
MR. CUNNINGHAM conducted the Prosecution, and MR. PATEE defended Green.
JOHN PAGE . I am a labourer, of 2, Passmore-street, Pimlico—on 5th November I was in John-street, Chelsea, at a quarter to eleven at night, and saw the prisoners—McCormack put one arm round my neck and the other over my mouth, while Green came in front of me and took my watch from my pocket; I held him till the police came—McCormack ran away, but I saw him afterwards in the crowd; I pointed him out to a policeman and he ran away again—he was brought to the station an hour afterwards.
Cross-examined. Q. Was Green in custody When you gave evidence before the Magistrate? A. No—I caught hold of hold when he took my watch, held him for ten minutes, and gave him in custody, but he got away from the constable—the prisoners were strangers to me; Green had a cap on, this was Sunday—I saw him again on the tuesday night at station—he was the same man.
McCormack. Q. Had you been turned out of a public-house? A. No; I was sober—you were sideways to me when I caught hold of you.
HENRY SMITH . I am landlord of the Royal George public-house—on 5th November I closed my house at five minutes to eleven, and went upstairs to the first floor—all the parties had not gone—I heard some gentlemen going out and asked them to remain till some parties outside had passed—I heard a rumbling at the door, and heard somebody say, "You have got my watch"—I opened the door and saw McCormack run away—the man who lost his watch cried out, "Murder," and was struggling with another man who I do not know in the road.
Cross-examined. Q. Were you quite sober? A. Yes—I saw McCormack come back; he took his coat off and wanted to make a disturbance amongst those who were holding Green—I came down in time to see the prisoner struggling with two men; it took place close to my street door—I had the men some time under my view—I never looked at Green; he was being held by my neighbours.
McCormack. Q. Do you say that I came back to rescue Green? A. You came back and pulled off your coat, but the instant a constable came you ran away.
EDWARD CLOUGH (Policeman). I was on duty in George-street, Chelsea, about quarter past eleven, and saw Green held by Page, who gave him in custody to Benson, and charged him with stealing his watch—Page gave me a description of McCormack and I took him at half-past twelve at his father's, and took him to Page, who said, "That is the man."
Cross-examined. Q. Was there a great crowd? A. Yes; Page knew what he was about—I observed no signs of drink—the prisoners are not strangers to me—Page was eight or nine yards from me when I came up from Mr. Smith's house.
PATRICK JOHN BENSON . I am a professor of fencing and gymnastics—about ten minutes to eleven on Sunday night a person called my attention to a disturbance in George-street—I went there and saw Page holding Green by the collar—Page gave me a watch and said that he picked it up in the road while he had hold of Green—Green was given into my custody, but on the way to the station some one ran between him and me and separated us, and Green ran away—I ran after him, calling, "Stop thief!" Sergeant Parkins of the B division ran round the corner of Union-street, knocked me into the road and Green escaped—I had seen him outside the Crown that Sunday evening I next saw him on the Tuesday night.
Cross-examined. Q. Did Page say that Green had taken his watch out of his pocket and thrown it into the middle of the road? A. Yes; Green denied it.
McCormack. Q. Did you see me in the crowd? A. No. McCormack's Defence. I was never a thief though I have been once or twice in prison for being drunk. I only went over when I saw the crowd because this man and I had been fighting, and I thought he had been fighting again; the police were not there when I pulled my coat off.
MCCORMACK, GUILTY ,**† Five Years' Penal Servitude,. And Thirty Lashes with the cat.
GREEN, GUILTY .†He received a good character. Five Years' Penal Servitude.
MR. POYNDER Conducted the Prosecution.
CHARLES HOLMES . I am a sailor, and board at 136, St. George's-street—yesterday morning, between one and two o'clock, I was near the London Hospital, and the prisoner hit me on the side of my face but did not hurt me—he then tried to seize the handkerchief off my neck, but I resisted him—he walked away up the street, and I walked down the street—a few minutes afterwards he came again with this large stone (produced)—next he threw it at me and hit me on the knee, which felled me—he then came up, took my handkerchief off my neck, and put his hand into my pocket—I missed a shilling—a constable came up, and I gave him in charge—my handkerchief was worth four shillings—I did not see it taken from him.
Prisoner. Q. Were you drunk? A. No; I had had about four glasses of ale between seven and eight o'clock, and this was a little after one—I did not say, "Pick me up and take me to the Sailors' Home"—I do not live there, and was never there in my life.
JOHN MERRTMAN (Policeman K 487). Between one and two o'clock yesterday morning, I was near the London Hospital, and saw Holmes pass the end of the street I was in—the prisoner followed him partly on tiptoe—I heard a heavy fall on the 'pavement, hastened to the spot, and saw the prisoner standing over Holmes, in the act of taking this handkerchief from his neck—it was tied loosely, and he slipped it over the prosecutor's head—I took the prisoner with the handkerchief in his hand—Holmes, who was lying on the ground groaning, gave him in charge.
Prisoner. Q. Did not you see me run across the road? A. Yes, after the prosecutor.
COURT. Q. Did you see anything of the stone? A. Holmes got up, picked it up, and said, "This is what be has done it with; he struck me on the leg"—the prisoner said that he had not done it; he was coming along, the old gentleman ran against him, and he fell on the pavement.
Prisoner's Defence. "I was two or three doors past my father-in-law's house, when I saw the gentleman fall. I ran across and helped him up; his handkerchief was hanging over his shoulder. I asked him where he lived, and he asked me to take him home. The constable came and caught hold of me.
GUILTY .—He received a good character.— Confined Twelve Months.
NEW COURT.—Wednesday, November 22nd, 1865.
Before Mr. Baron Bramwell.
MR. HOUSTON conducted the Prosecution and Mr.RIBTON the Defene.
WILLIAM MAYBANK (Policeman S 270) On the 20th of October, about a quarter to seven in the evening, I was on duty in the Euston-road, at the corner of Brook-street—it was just getting dark—I saw the prisoner driving a pony-cart at the rate of about seven miles an hour—he was whipping the pony—at the time he turned the corner an omnibus was passing, going towards paddington—the prisoner turned to the right, in the same direction—he continued whipping the pony, endeavouring to pass the
omnibus—a female was crossing the road from the north side to the south, and the right shaft of the prisoner's part caught her in the side of the face, and knocked her down, and the wheels of the omnibus went over her—I assisted in picking her up, and put her in a cab and took her to the University Hospital—the prisoner had beep drinking, but I could not see that he was drunk.
Cross-examined. Q. Did you see the woman attempt to cross? A. No; the first I saw of her was in the middle of the road—the omnibus was then about half a dozen yards from her—the omnibus was going at a moderate rate; I should say about four miles an hour—I did not notice the pony tumble—when he came out of Brook-street the omnibus was perhaps half a dozen yards behind, and it gradually got in front of the cart—the cart then came slowly after it and got in front of it, and the prisoner commenced whipping his horse again—at the time the accident happened the omnibus horses were close to the back of the cart, almost touching—there were a great many vehicles passing up and down the road.
WILLIAM BROWN . I am an omnibus driver, and live at 18, Vincent-terrace, Islington—on the 20th October I was driving an omnibus in the Euston Road, from a quarter to ten minutes to seven in the evening—I saw the deceased on the opposite side of the road, about to cross—she crossed behind a railway van which was coming down on the opposite side to me—I was going to Brompton—the prisoner's pony and cart came by me rather sharp, and instead of keeping in the middle of the road, he kept whipping his pony to come on the near side, and he very nearly hit my horses in going by—he was going at the rate of from six to seven miles an hour—it was not going at that pace all along, but by his whipping the pony it made a spring just there, and the woman was knocked down—she would have got out of my way if she had not been knocked down.
Cross-examined. Q. Was he on his proper side of the road? A. Yes; but he ought to have kept in the middle, in a direct line after passing me; instead of that he drew in to his near side—three railway vans passed and got behind me—I do not think the last had got by when the accident happened—it was my omnibus that went over the woman; my pole did not strike her; it was the shaft of the cart—I had no time to pull up, and I had no room to pull in nearer the kerb—it was moonlight.
COURT. Q. Suppose your omnibus had not been there, would the woman have been knocked down? A. Yes; she would have had plenty of time to clear me—it was what I should call rather a careless piece of driving on the prisoner's part, to cut so close ahead of my horses—he was certainly wrong in the pace he was going at—I saw his pony stumble, or make a sort of a tige, and he fetched it a cut with the whip which made the pony fly to the near side—that was the cause of his going ahead of me.
HENRY ARNOTT . I was house-surgeon at University College Hospital—the deceased was brought there on 20th October, a little after 7 in the evening—there was a large wound on the knee, the skin was separated all round the knee-joint and half-way up the thigh—it was such a wound as would be caused by an omnibus running over her—she died on the 27th, from the effect of the wound.
NOT GUILTY .
MR. CUNNINGHAM conducted the Prosecution, and MR. COOPER the Defence.
NOT GUILTY .
NOT GUILTY .
THIRD COURT.—Wednesday, November 22d., 1865.
Before Mr. Common Serjeant.
MR. KEMP Conducted the Prosecution, and F. H. LEWIS the Defence.
FREDERICK SHERWILL . I am book-keeper to Messrs. Jacques and Sommersby of Milk-street, watchmakers—the prisoner was in their service as town traveller, for four or five months, at a salary of 2l. 10s. a week—his duties were to take out a certain quantity of goods in the morning to toil, I and bring back at night what he did not sell, and give an Account of what he had sold, to me, Mr. Jacques, or Mr. Sommersby—he accounted to me for six silver watches, sold to a Mr. Medlock—he told me he had sold them—it was his duty to pay the money over at the same time—he did not account to me on 21 at August for 5l. received from Mr. Medlock—he did not tell me anything about it then, or subsequently—on 23rd August he did not give me an account of a sale to Mr. Attenborough of six silver watches for 5l. 2s.—he never at any time told me of that sale, or accounted to me for the receipt of 5l. 2s.—on 23rd October he told me of the sale of one silver watch to Mr. Attenborough for 1l. 1s. 6d.—he paid me that sum—that was all he gave me—about a fortnight after that he was given into custody—I made entries in the books—he saw me make those entries, and saw what I put down—I wrote in the book from his dictation—I am quite sure he never accounted to me for those sums I have named.
Cross-examined. Q. You have told us he accounted to you for the 5l. on the 21st, and you entered it in your book? A. Yes—I have the book here (produced)—I do not know the number or kind of watches that he took out every morning—he only accounts to me or Mr. Jacques or Mr. Sommersby for the watches he has sold, to no one else—I don't know what watches he took out on 21st—he told me the sales he had made when he came back that evening—these are not all entries of his sales—there is another traveller, and some of the sales are made at the warehouse—his would be entered anywhere when he came in—he might come in the middle of the day and account, or he might not—the prosecutors did something in watches before the prisoner came into their service—I don't know how much—I have only been there since July—a great many watches went through the prisoner's bands—we have had two or three thousand watches—I think it was about 12 o'clock—it is possible fur me to make errors and mistakes in my book, of course—I receive the money sometimes.
JOSEPH SOMMERSBY . I am in partnership with Mr. Jacques, as watchmakers—the prisoner was in our service—subsequently to 21st August, or upon that date, he did not account to me for 5l. received from Mr. Medlock, or on 22d for 5l. 2s. from Mr. Attenborough—he accounted to me in October for one sum of 1l. 1s. 6d. only—on 24th October, I think, from something that came to my knowledge, I said to the prisoner, "I have some doubt about your conduct, in consequence of not finding your samples
correct; what watches have you sold to Messrs. Attenborough?"—he said, "Only one"—I said, "I have made inquiries and I find that you have sold three, two of which you have not accounted for"—he then said it was quite correct, he had sold one to them of ours, but the other two were his own property—I said, "It is very singular that you should sell watches on your own account, and we paying you a salary for selling for us"—I then told him I should inquire further into it—he then went away—on the afternoon of the next day, the 25th, he came to me in rather an impertiment manner and threw this paper to me, and said, "That is the invoice for the goods that I sold to Messrs. Attenborough on Monday last."
Cross-examined. Q. Had he to pay money to you, or to Mr. Jacques, or to Mr. Sherwill? A. Yes—MR. Harrison was our traveller—he is not with us now—if the prisoner paid ready money we entered it in a ready-money book, and, if it was an account open, we entered it in the day-book—he hands the money over in my presence to our book-keeper, who enters it in the cash-book—he does not pay the money personally to me—if the book-keeper was not present, I should enter it myself—I swear most distinctly that he did not pay me the 5l. in August in Harrison's presence—we had never done business with Messrs. Medlock before—that was the reason he paid cash—the prisoner never paid me money received from a Mr. Williamson, or from a Mr. Harris, that I know of—if he did they are entered in the books—I know the name of Poyle—I have no recollection of his paying me three guineas in August, or in July 7l. 15s. received from a Mr. Collier—ha paid Poyle's money, there is no doubt about that—I don't find the amount of 68l. paid in July in the books—I find an amount, on 29th July, of 27l., and on the 17th 35l. both received from the prisoner—he gave us no name—I saw Mr. Poyle, and I found that he had paid the prisoner a cheque, but that cheque he never brought us—he paid us the money—I really cannot tell you whether it was 6s.—I cannot find any other sum paid by Poyle—there is an entry in the day-book of 5l. on 21st. August, placed to Messrs. Medlock and Ellis' debit, and on that day the prisoner received that amount and did not pay it in—if it had been paid, it would have been entered in the ready-money book, not in this book at all—he has paid several sums on account of Spinks and Sons—I don't see the amount of 30l. in the books paid by Spinks in September—I can't say whether he paid it—I don't know the name of Gibbs—there is no entry here of 28l. 12s. on account of Gibbs—I cannot swear that he did not, in July, pay me 9l. 10s. on account of Baker, but if he did, I think it would be entered here—Mr. Jacques is here—the prisoner has increased our business, no doubt, ft little—i imagine it was by means of his own connection—we have not opened accounts with his customers, because we do not know them sufficiently—what be has done has been more a ready-money trade—I never heard before we gave him into custody that he had gone to Mr. Rawlins and requested him not to give us credit for goods—such a thing was never intimated—I know Mr. Rawlins quite well—he is a customer—we had goods delivered last week by him—we buy of him—he did not come to our place two or three days before the prisoner left and say that he had requested him not to trust us with goods—some time before the prisoner left I told him that we could not afford to give him that salary of 2l. 10s. a week—I never heard before I gave him into custody that he was going into some other employment—he has paid me as much as 20l. or 25l. at a time, and it has been entered by our book-keeper, "from McNeilly 20l." for so many watches, without giving the names of the persons to whom the watches were sold—when he came home, on 21st August, he gave this account, "six silver
watches sold to Messrs. Davis and Co. of Soho, at 16s. 3d., 4l. 16s. 3d.—I don't think I can tell you how many he took out on that day—I don't appear to have the account of the goods he took out—I have looked at it—that was the cause of my suspicion—his samples were wrong—one morning the had six watches more than he ought to have had, and he accounted for it by saying that he supposed he had taken them off the counter accidentally—I have an attorney in this case—he booked what he took out in a book which he kept himself—I had a memorandum which was kept till the evening and then thrown away—when he came home we took back the goods from him, and then we were satisfied—there was no entry made of what goods were brought back, only of what were sold—we did not always enter the names of the cash customers—he paid two items in on 21st August, one with a name and the other without.
MR. KEMP. Q. He took out a certain number of watches in the morning? A. Yes—he returned in the evening and accounted to us for what he had taken out—the credit customers were entered in this book, and the cash Customers were sometimes given to us in the lump—on 21st August there ought to have been an extra 5l. paid in to what there was from Messrs. Medlook.
COURT. Q. He gave to you as a credit transaction, what in point of fact was a cash transaction? A. Yes; instead of handing us over the money he gave in the name, and it was entered as a credit transaction.
GUSTAVE JACQUES . I am a Swiss, and am a partner in the firm of Gustavo Jacques and Co.—Mr. Sommersby is the Co.—the prisoner did not, on 21st August, or subsequently, account to me for 6l. received from Mr. Medlock—on 22d August, or subsequently, he did not account to me for a sum of 5l. 2s. for property Bold to Mr. Attenborough, but in our ready-money book I saw an item of six, watches sold to a person under the name of Jennings, and I believe those six watches are the watches sold to Mr. Attenborough, and I believe he accounted to the office for those. not to me personally—I cannot say whether he accounted to me on 23d October for any property sold to Mr. Attenborough; if he did it mutt be in the books.
Cross-examined. Q. Would you make the entry in the books if he paid you the money? A. Mr. Sherwill would or me, or Mr. Sommersby—sometimes I made an entry myself but generally the book-keeper would do it—I have no recollection one way or the other, apart from the books, whether I was paid any of these sums or not—I don't recollect suggesting to the prisoner to call upon Medlock—he must have accounted for the six watches I mentioned one way or the other, and it is because of that, that I believe that the watches sold to Jennings are those which Mr. Attenborough had.
ALFRED LEVI . I am a watchmaker in Bishopsgate-street—on 25th October the prisoner came and asked me for two watches on approbation, sale, or return—I gave him this invoice (produced)—I dated it the 17th at his request—I see the error of it now—these are the two watches (produced) that I let him have—I knew him before as a traveller, and I had laid out about 50l. on account of the firm through him.
Cross-examined. Q. Do you recollect the prisoner telling you that he had sold two watches to Mr. Attenborough, on one of the prosecutor's invoices? and that he wanted to put watches of the same kind back into stock? A. No; I committed an act of folly in ante-dating the invoice—I did it as a matter of business accommodation, I thought he was a respectable man—I don't know whether he was buying the watches on his own account or for
the firm—I should suppose, by his putting his name on the invoice that they were for himself; I did not sell them to him—I had the transaction with him personally.
CHARLES MEDLOCK . I am in partnership with Mr. Ellis, at 19, Upper Gloucester-street—on 21st August I purchased six silver Watches front the prisoner; there are the invoices that Were given to me—I paid the prisoner 5l. at that time, and he gave me this receipt—it is in his writing.
WILLIAM WATTS . I am foreman to Messrs. Attenborougb, of 199, Camberwell-road—on 32d August I bought six silver watches of the prisoner—the invoice he gave me—I paid him 5l. 2s. at that time—on 23d August I bought one watch for 17s. and two for two guineas, and on 23d October I bought three other watches, making altogether 2l. 19s.—I paid the prisoner for them and he gave me these receipts.
Cross-examined. Q. Did you ask him the next morning where he got the watches from? A. Yes, and he told me he had bought them of a friend, Mr. Levi, of Bishopsgate-street, and that Mr. Levi had the invoice—he also said, "I anticipated this; Mr. Sommersby has done this through enmity towards me, I will make him suffer for it; it is the worst thing they ever did for themselves."
MR. LEWIS (to Joseph Sommersby). Q. Did the prisoner give you references when he came into your service? A. Yes; to Sydney Smith and co., Long-lane, John Wallace, Milk-street, and Rawlins, Lilliput-lane—I never made Inquiries of them.
GUILTY of stealing the 5l. and the 1l. 17s. 6d.— Confined Twelve months.
There was another indictment against the prisoner.
The following prisoners' PLEADED GUILTY:—
29. WILLIAM PECK (33) , to Stealing 4lbs. of cigars, 81bs. of cigars, and other cigars, the property of William Gester, his master.— Confined Twelve Months. [Pleaded guilty: See original trial image.]
31. JAMES BOOTH (34) , to 3 indictments for stealing 500l., 100l. and 50l., the moneys of the Blaenavon Iron and Coal Company, his masters. Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
FOURTH COURT.—Wednesday, November 22nd, 1865.
Before Robert Malcolm Kerr, Esq.
MESSRS. COLERRIDGE and THOMPSON conducted the Prosecution.
GEORGE GARE . I live at No. 1, Bond-court, Edgware-road—I keep a fish stall at the corner of the court—on 9th November the prisoner came in for a pennyworth of eels, about half-past ten o'clock—he gave me a shilling—I gave him the change, and about ten minutes afterwards found it was a bad one—I threw it in the fire and it melted—on Saturday night, two nights afterwards, he came again to my stall with another man and had four pennyworth of eels—he gave me a shilling—I said, "I hope you have brought me a better one than you did on Thursday night"—his companion said, "Jack, what is the matter?"—he said, "This man says I gave him a had shilling"—he ran away—I followed him and gave him into Custody.
JOHN JACK (Policeman, D 98). The prisoner was given into my custody on 11th November by the last witness—this shilling (produced) was given to me by Gare—at the station-house I searched him, and found this half-crown and these three shillings (produced) they are all bad—6d. in silver and 6 1/2 d. in coppers—the bad money was wrapped up separately in paper.
GUILTY .— Confined Two Years.
MESSRS. COLERIDGE and THOMPSON conducted the Prosecution.
HANNAH SARAH CRESS . I am a widow, and carry on the business of a draper, at 49, Hoxton, Old-town—about seven o'clock in. the evening of 2d November the prisoner came into my Shop—I served him with, a scarf and a pocket handkerchief, which came to 1s. 8d.—he gave me a florin, and I gave him 4d. change—I placed the florin in my desk, there was no other there—about twenty minutes afterwards a constable came in—I looked at the florin and found it was bad.
GEORGE PRICE . On 2d of November I was barman at the "London Apprentice" public-house, Old-street—about a quarter to seven in the evening the prisoner came for a glass of "cooper" which came to three-halfpence—he gave me a florin—I saw it was bad and told him so—I said, "I shall want something better than this"—he said he did not know it was a bad one, and that he had taken it for his work—he took another bad one out of his pocket, and a gentleman standing by saw it, and said, "Let us see that other two-shilling piece, I think that is a bad one as well"—he would not let him see it, and the gentleman fetched a policeman—whilst he was gone the prisoner said he did not mind, any seeing it, but he would not let him see it—I saw it and it was a bad one—I gave the prisoner into custody.
JEREMIAH MINAGHAN (Policeman, A 431). The prisoner was given into my custody by the last witness, who also gave me these two florins (produced)—I obtained another florin from Mrs. Cress—I found upon the prisoner one good shilling and 7 1/2 d. in coppers.
GUILTY .— Confined Two Years.
MR. PATER. conducted the Prosecution.
JOHN JONES . I am a clerk in the employment of the prosecutors, who are coal merchants, at Purfleet-wharf, Earl-street, Black friars—the prisoner was in their service as carman, and had been so three weeks previous to the 4th of November—his duties were to take out coal, receive any money that happened to be paid, and bring it into the office directly be came back—he was a sort of extra carman—he had to pay the money over to any of the clerks that happened to be in the office—on the 4th of November I received no money from him on account of either Mary Pyle, Mrs. Ruffin, or Mrs. Walker.
COURT. Q. Did you give the prisoner the instructions yourself? A. No; he ought to have paid it to our clerk, Mr. Miller, at the Great Northern.
MARY PYLE . I am a single woman, and live with my father, No. 3, Little Woodstock-street, Great Portland-street—I paid 15s. on the 4th of November to a man who signed his name, "William Robinson," but I do not know whether the prisoner is the man—I left the receipt at the Mansion House.
EMMA TRUSDELL . I am staying at Mrs. Walker's, No. 64, Maryan-road—on the 4th of November I saw Mrs. Walker pay a man named George Wood, 1l. 10s.—he signed a receipt and took the money outside—I did not see the prisoner in the van, but I knew there was another van.
ELIZA HOLMES . I live in the same house as Mrs. Ruffin, 162, Marylebone-road—I paid 15s. to a man for coals, but I could not swear who the man was—I had a receipt for the money, but it has been lost—the prisoner is not like the man I paid the money to.
GEORGE WOOD . I live at 37, King-street, Drury-lane—I am a coal porter, employed by Messrs. Cockerell and Co.—I was under the prisoner, and it was my duty to help him to carry the coals—I was with him on the 14th November—I carried some coals into Mrs. Walker's house and received 1l. 10s.—I signed a receipt and gave the money to the prisoner—I afterwards delivered some coals at 162, Marylebone-road—the witness, Eliza Holmes paid me 15s., which I handed over to the prisoner and he signed I the receipt (produced)—when we got to King's-cross I asked him to hand the money over to Mr. Miller—I told him where he could find Mr. Miller if he had gone—he said if Mr. Miller wanted him he should come and fetch him, he was not going to him—I left the prisoner in Earl-street at 9 o'clock, and he had the money then—this was on a Saturday night—I offered to show him the way to Mr. Miller's house, but he refused to go—he said he was going to Woolwich.
GEORGE COTTON (Policeman, R 51). I took the prisoner into custody on the evening of the 8th November, at the Gun beer-shop, Artillery-place, Woolwich—it is a recruiting house—the witness Eggleton went with me—I told the prisoner I should take him into custody for embezzling 3l.—he said he had received the 3l., and afterwards he said he had lost it, as well as 5s. of his own money.
GEORGE EGGLETON . I am horse-keeper to Messrs. Cockerell and Co.—when the prisoner was engaged I told him what his duties were, and said we wanted a man we could trust to go with a team—I did not tell him when he was to pay the money over, and I did not hear anybody tell him—on the 4th of November he brought back the horses and cart, and from that time till the 8th I never saw anything of him—I was sent down with the constable to Woolwich to see if I could find him—I found him, and asked him what he had done with the money, he said, "I have lost it"—I told him I should
give him into custody, and he said, "Suppose I get out of it?"—the other carmen generally leave the money with me when the clerks have gone.
Prisoner's Defence. I did not know who to pay the money over to, and I lost it.
NOT GUILTY .
MR. KEMP conducted the Prosecution, and MR. LANGFORD the Defence.
NOT GUILTY .
MR. HORRY conducted the Prosecution.
HENRY HOOPER . I am a boot maker, and carry on business at 18, Fetter-lane—at a quarter to ten o'clock on the morning of the 30th October my shop was perfectly safe—I went upstairs to get a cup of tea and returned at ten o'clock—when I entered the shop I saw Hitchcock pulling a pair of boots through the window—a pane of glass had just been broken—he was assisted by Harrington—I unbolted the shop door and ran after Hitchcock down West Harding-street, but soon returned, as I knew there was no one in the shop—I examined my stock and found three pairs of boots missing—there were seventeen pairs when I went upstairs, and only fourteen when I returned—I gave information to the police.
WILLIAM CLARKE . I am one of the Sanitary inspectors of the City—on Monday morning the 30th of October I was in Fetter-lane, going to the prosecutor's shop—when I got close to the shop I saw Smith running away—he ran up a passage close by.
WILLIAM CROUCH (City-policeman, 219). On the 30th of October, about two o'clock, I went to a lodging-house in Vine-street, Liquorpond-street—I saw the three prisoners in the kitchen—I told them I should take them into custody for being concerned in stealing three pain of boots in Fetter-lane; they made no reply—I got assistance and took them to the station—I found nothing upon them.
JAMES FURLONG (Policeman G 27). I assisted Crouch to take the prisoners to the station—I had hold of Hitcheock—while we were going along some boys called out, "Hitchcock, what is the matter?"—he said "it is only breaking a shop window; it will be all right presently".
Harrington. I pawned one pair of boots, but that is not the pair.
HARRINGTON, GUILTY **—he also
PLEADED GUILTY to a former convictim in November, 1863.— Ten years' penal servitude.
HITCHCOCK GUILTY . **— Seven Years' Penal Servitude.
SMITH, GUILTY .**—he also
PLEADED GUILTY to a former conviction in February, 1865.— Eight Years' Penal Servitude.
MR. METCALFE conducted the Prosecution, and MR. LANGFORD defended Blackburn.
EDWARD WOODGATE . I am agent to Messrs. Chaplin and Home, the railway carriers, and have an office in Billingsgate Market—on Thursday morning, the 2nd of November, at about half-past 9 I saw the two prisoners—I was standing at my window—there was a van of Messrs. McNamara's nearly opposite—Rains had charge of it—he was delivering boxes of fish to the porters—I saw him deliver three to Blackburn—the boxes had the letter "M" upon them—there was a cart standing near the pavement, and he put these boxes in it—shortly afterwards Rains delivered to Blackburn two more boxes, marked with the figure "8"—Blackburn turned the boxes upside down, and threw a sack over them—and as soon as be had done that he put his hands in the pockets of his "smock" and walked away—I went and looked at the cart, and found it had the name of Grisley on it, somewhere down by Bow—I then told one of Mr. McNamara's clerks what I had seen—the herrings were found afterwards, but not in the cart—while I was looking from my window, Rains was delivering boxes to some porters on the other side of the van—the van would hold, I should think, about 300 boxes—the porters receiving on one side of the van could not see what was going on on the other—Blackburn had his boxes from the side where the regular porters were not working—I have known Blackburn about fourteen years—he is a porter there.
Cross-examined. Q. During those fourteen years have you ever known of his being dishonest? A. Never—the window I was looking out of was at my own private house—it was the second-floor window—the van was standing in the centre of the street—Blackburn wore the ordinary dress of a porter, a whitey-brown smock-frock—after I had taken a cup of coffee I went down to McNamara's office—their office is the same as mine, we have it between us—it is in Lower Thames-street—I saw Blackburn about a quarter of an hour after that—there was a boy in the office, and he was asked if Blackburn was the man that moved the herrings, and he said he thought he was not, he thought the man bad a longer "smock" on—when I first saw Blackburn he had a dirty "smock," and three-quarters of an hour afterwards he had a clean one on—he had changed his dress—the second time I saw him he was outside McNamara's office, and one of McNamara's men asked him to go and change his dress—I suppose they wanted to identify him.
CHARLES JECKS . I am manager to Messrs. McNamara—on Thursday, the 2d of November, Rains had charge of one of our vans at Billingsgate-market—that van was laden with two dozen boxes of herrings, which were to be delivered at the market—it was his duty to deliver them—those marked "M" were to be delivered to Mr. Dearsley, and those marked with the letter "8" to Mr. Jex—he had no authority to deliver them to anybody else—I received some information from Mr. Woodgate, and in consequence of that Blackburn was brought into our office—I afterwards saw five boxes of herrings—they were delivered to me from Mr. Grisley's cart—three of them were marked "M" and two "8"—the "M's" were Mr. Dearsley's and the "8's" Mr. Jex's, and they ought to have been delivered to them—I know nothing of Blackburn, only as a porter working in the market—after I had got the boxes, I asked Rains how he had delivered his load, and whether he had delivered any to anybody but the regular men—he said no, he had not, he did not know anything about it—I asked him to come from the van into the office to see if he had delivered any to Blackburn—Blackburn
was in the office, but he objected to come and identify him—I do not think he has been in our employ long, but he has been delivering at Billings-Bate for the last three or four weeks every day—we generally deliver a great quantity to Mr. Dearsley, he is a very large salesman—and to Mr. Jex too—MR. Harris, one of our clerks, asked Blackburn to change his clothes—he Bid this in order that a boy who had seen him might identify him.
Cross-examined. Q. Did he come back in his porter's dress? A. Yes—the boy could not identify him, because he did not take much notice of him.
JOHN STONER . I am a porter in the service of Mr. Dearsley—on Thursday, the 2nd of November, I was receiving goods from McNamara's van for Mr. Dearsley—Rains had charge of the van—he delivered them to me—all our boxes were marked with the letter "M"—there were three boxes short in our delivery—I afterwards saw those three boxes—Blackburn had no authority to act for Mr. Dearsley in any way—there were three of us working for Mr. Dearsley—it matters not which side of the van you go—Rains has delivered to us before—he knew me and the other two men.
Cross-examined. Q. Do you know Blackburn? A. Yes, for the last eight or nine years—I have always known him as an honest man.
EDWARD ELLIOTT . I am in the employment of Mr. Jex, fish-salesman—on Thursday, the 2nd of November, I was receiving boxes of herrings for him from Mr. McNamara's cart, from Rains—there were others receiving with me—Rains had delivered to me before—our boxes were marked with the number "8," and there were two short—Blackburn had no authority whatever to receive for us.
Cross-examined. Q. Do you know Blackburn? A. Yes—I have known him for a number of years as an honest man.
JOSEPH GRISSLEY . I live at No. 4, Burt's Cottages, Old Ford-road, Bow on the 2nd of November, my cart was in Billinsgate-market—I found five boxes of fish in my cart—they did not belong to me—they were not put there by my authority—I know Blackburn.
Cross-examined. Q. Do you know him as an honest man? A. Yes—I lave known him from my childhood.
Rains' Defence. I have been in Mr. McNamara's service only a short time, and it is impossible for me to recognise all the porters in the market. I lave never had a blemish on my character, and I would not degrade myself in such a way as this, as I have a wife and four small children entirely dependent upon my labour.
NOT GUILTY .
MR. PHILIPPS conducted the Prosecution.
GEORGE CARR . I live at 2, Eversley-street, Lower-road, Deptford, and am a cheesemonger—about half-past 4 o'clock on the afternoon of 30th October, I was in King William-street—there was a crowd there, and I went to look at it—a man was selling some things—the prisoner stood by my side—he had a coat hung on his right arm—he put his arm across my chest, and I felt something press against me—I went to step back and found pat my watch had gone—the prisoner went away, and I followed him—he? lent and spoke to another man—a policeman came up and I gave him in custody—he was searched at the station, but my watch was not found upon him—it was worth 5l—my watch was quite safe ten minutes previously.
Carr pointed the prisoner out to me, and charged him with stealing his watch—I took him in custody, he resisted very much—I was obliged to call assistance—I asked him where he lived—he said he had no fixed residence—he was searched, but the watch was not found.
Prisoner's Defence. I am innocent.
GUILTY .**—He was further charged with having been before convicted in August, 1860; to this he
PLEADED GUILTY.— Ten Years' Penal Servitude.
OLD COURT.—Thursday, November 23rd, 1865.
Before Mr. Justice Byles.
MR. F. H. LEWIS conducted the Prosecution and MR. RIBTON the Defence.
MARY ANN JENNINGS . I was barmaid at the Red Lion public-house, Covent-garden—the prisoner had been courting me for some years prior to this transaction—the courtship ceased three weeks before this occurred; I broke it off—on the evening of 12th October I was in company with the witness White, coming towards my home—when within a short distance of it, I saw the prisoner—he came up to me, and said he wanted to speak to me—he said, "Have you been to my cousin's?"—I said no—he then said, "You must go now"—I said, "I will not go"—he said, "You will"—I said, "I won't"—with that he pulled a razor out of his pocket and shewed it to me—I said, "Miss White, for God's sake fetch your uncle"—while she ran to fetch her uncle, Mr. Loder, the prisoner took hold of me and dragged me across the road and threw me down, and then taking the razor out of his pocket, he commenced cutting me across my face, and said he would do for me—I said nothing to him, but I tried to hit him with my umbrella when he threw me—before he commenced cutting me, I said, "For God's sake, Jem, don't kill me, for the sake of my poor mother"—I was taken to the hospital.
Cross-examined. Q. Did not be say at first, as soon as you were thrown down, that he would kill himself? A. No, I never heard him say so—he had told me previously, when I gave him up, that if I did not continue going with him he would run a knife through me and himself too—he did not say that night, before or after I was knocked down, that he would cut his own throat—he had taken the razor out of his pocket and passed it before his throat and said, "I will, so help me God" he did not say he would kill himself, and he then put the razor in his pocket again—I believe Miss White was present then—I did not hear him say, "I will cut my own throat"—he did not appear in a very wild excited state—I was not much alarmed at first; I tried to reason with him, and told him I would ask to go out on the Monday and talk things over with him, but he would not listen—I can't say whether it was a razor or a knife that he drew across his throat, I was too much agitated—he did not appear to be agitated.
SARAH WHITE . I live at the Red Lion public-house, Covent-garden—I recollect going towards home on the evening of 12th October with the last witness—when we were near home I saw the prisoner, he came up to the prosecutrix and caught hold of her, and said, "I want to speak to you"—he tried to pull her away from me, and he asked her if she had been to his cousin's—she said No—he said, "You shall go with me now"—she said "I
will not"—he caught hold of her again, and then he drew what looked to me like a sharp-bladed knife from his pocket and said, "If you don't go with me I will cut my throat"—he then put it back in his pocket again, and caught hold of her again, and tried to drag her away. She said, "You will let me go in first, and I will go" (meaning to his cousins)—he said, "You shall not go in"—he pulled the knife, as I thought, out of his pocket again, and put it back a second time—he then caught bold of her, and pulled her away from me, from the Bedford Hotel up to the corner of the piazza—where he first spoke to her was just opposite the Bedford Hotel, about a stone's throw from the Red Lion—we were coming from St. Martin's-lane, towards Russell-street—he dragged her about two or three yards—he did not appear to be at all excited, not when he first spoke to her, or afterwards; he seemed very cool indeed—I ran for assistance, and did not see what happened afterwards.
WILLIAM WINSLADE . I am barman at the Red Lion public-house—I recollect Miss White running into the Bed Lion on the night in question—from what she said to me, I ran up to the piazza—I saw the prisoner knock Miss Jennings down—when I got to him be had got his left arm round her neck, and the razor in his right hand—this is it (produced)—he was sawing at her throat—I knocked him on the muscle of the right arm, in which he held the razor, and knocked the razor out of his hand—he got up, and looked at me in the face, and said, "D—n and blast you"—I afterwards picked the razor up, and took it to Bow-street.
Cross-examined. Q. You say you saw him knock Miss Jennings down—have you ever said that before? A. I think not—I saw them fall under the pillars of the market—I saw them fall together—I could not say that I saw him knock her down—they both fell together, that is all I can say—they were struggling together—I saw them before they fell, in the act of falling—I can't say whether the policeman was there when the prisoner said, "Do and blast you," I could not say whether anybody was there; I believe not—at the time I arrived there I think no one was present—I struck him on the arm with my fist, and the razor fell out of his hand—he was quite cool and collected, not the least excited, that I could see—he seemed to say the words in a determined manner and tone, not with impetuosity and violence—I could not see any difference in him from what I have always seen—I was rather excited at the scene; I could not see that he was—he got up and said those words, and said no more, and a policeman came up a few minutes afterwards, and took him into custody—it was no time to speak of before the policeman came up, it was done immediately; the policeman came up, it may have been in a minute and a half probably—there was some appreciable interval—I was there quite alone for a minute—when the prisoner got up, he stood for a few minutes, till I halloed, "Police," and then the policeman came up and took him into custody—he was doing nothing, only standing up, till the policeman came—he was standing quite quiet—he did not attempt to run away—he said nothing—Miss Jennings remained lying on the ground till some one assisted her up; I don't know who that was.
WILLIAM ROGERS (Policeman F. 89). I was on duty in plain clothes in Covent-gorden on the night of this transaction—I saw Miss Jennings, Miss White, and the prisoner standing together under the piazza in front of the Bedford Hotel—I dare say I might be 40 yards off at that time—in about send I saw the prisoner take Miss Jennings by the left arm, and they appeared to have a slight struggle together—at the same time I saw Miss
White leave them and run into the Old Red Lion public—house—the prisoner was bringing Miss Jennings along by the left arm, as I stood under the piazza—as they were passing me she had her fist up, with her umbrella in her hand, and she looked him in the face and said, "I will strike you"—the prisoner said, "No you won't, no you won't"—they passed me, and crossed over from the piazza into the market—I followed them a few yards from the piazza—at the same time I saw the barman and Mr. Loder come out of the Red Lion—I then heard Miss Jennings scream—I was then at the back of the sheds, as they were on the other side of the sheds—I ran into the market, and saw Miss. Jennings lying down, and the prisoner apparently, to me, trying to strangle her—I could not say exactly what he was doing—she was lying down, and ho was at her head in a stooping attitude, as he might be on his knees—I took him by the back of the collar and pulled him up in an instant—I saw this razor lying at his feet to his left—I handed him over in a second or so to Sergeant Rogers—I saw a pool of blood near where the razor was, apparently from Miss Jennings's throat—I had known the prisoner for about a month before this, by seeing him there smoking his pipe and having a glass in the Red Lion, and at different times I have seen him talking to Miss Jennings as I passed there.
Cross-examined. Q. Did you hear the last witness give his evidence? A. At the police-court; not here—I did not see him strike the prisoner on the arm—I am sure I am correct in what I have stated—I was in plain clothes, perhaps the witness did not know me—the prisoner was in a stooping altitude when I took him by the back of the collar and pulled him up—Sergeant Rogers came up, it might be in half a minute—I saw the barman in a stooping attitude on the left side of the prisoner, apparently trying to pull him off—he might have struck him over the arm without my seeing him—I did not hear the prisoner say anything—the sergeant took him to the station—I ran to get a cab to get Miss Jennings to the hospital as quickly as we could.
MR. LEWIS. Q. I suppose the barman was there before you? A. Yes.
COURT. Q. Was the sergeant in uniform when he came up? A. He was—the razor was quite open when I found it—it was close to the pool of blood.
HENRY THOMAS ROGERS (Police-sergeant, F 17). I came up to the spot where Miss Jennings and the prisoner were, on the night of the 12th of October—I saw two men lifting the prosecutrix from the round—the instant I arrived there one man pointed to the prisoner, and said, "That is him"—before I could scarcely turn round, another said, "He has cut her throat"—I then seized the prisoner by the collar—at that time I observed that policeman 89, in plain clothes, had already got him by the back of the neck—I assisted to take the prisoner to the station, searched him, and found two penknives in his waistcoat pocket—after searching him, he said, "She has behaved to me very curiously lately; I am broken-hearted."
JAMES CRABB . I am beadle of Covent Garden Market—I have known the prisoner about eleven years—he is a fruit salesman in the market—he sells goods for growers, and occasionally buys for himself—he does not keep a shop, but what is called a stand, in the market—I saw him on the day in question, between eight and nine in the morning, and frequently on and off all day—there were no stands there then; they were all cleared away; it was Sunday—the last time I saw him was about seven in the evening—he was then right opposite the Red Lion, in the Market—I left duty at seven o'clock—I wished him good night, and went home—he did
not seem any different to what I have always seen him—he was not at all excited that I could see.
Cross-examined. Q. Have you always considered him to be a well—conducted man? A. I never knew him in trouble before—I used to see him every day—his stand is nearly opposite the Red Lion—I believe he lodged in a coffee-house in Russell-street—he would he at his stand early in the morning, and up to twelve or one in the day—by chance he might be there part of the afternoon, but not always—he sells things on commission—he was in a comfortable way of business.
COURT. Q. Does the Red Lion face the market? A. Yes, it fades the east as you come out of Russell-street; it joins the Bedford Hotel—he prisoner's stand is on your right as you enter the market, coming from Russell-street—the place where I saw him standing was not the place where his stand would be, but a little further towards the Tavistock Hotel—I first saw him between eight and nine on the Sunday morning, and on and off up to seven o'clock at night—perhaps I might miss him for a quarter or half an hour now and then—I spoke to him, merely to pass the time of day, nothing particular—it was raining very hard at one time, and I said to him, "Why do not you go outside?"—he was under the roof—he smiled, and said, "Oh no, this will suit me better."
WILLIAM TRAVERS . I am resident medical officer at Charing Cross Hospital—I saw the prosecutrix when she was admitted there, about half—past eleven on the night of the 12th of October—I examined her—she had an incised wound on the left cheek, which crossed the lobe of the ear, and a portion of the neck—the ear was cut nearly to the angle of the mouth—there was a smaller wound behind the ear, which also divided the ear a second time, partly removing the lobe of the ear—two of the arteries of the cheek were divided—she bad a superficial wound, about an inch in length, across the knuckle of the left hand—neither of the wounds were in themselves dangerous to life in the state they then were—this razor would produce such wounds—she remained in the hospital until Tuesday morning last—she is still under treatment—at no time was she in any danger—a Slight attack of erysipelas set in at one time, but it soon abated—the wounds have healed, and she is merely suffering from debility—the carotid artery is much below the seat of the wound.
GUILTY on the First Count. — Twenty Years Penal Servitude.
42. RICHARD DAVIES (20) , Forging and uttering an order for 95l. with intent to defraud; and JOHN DYMOND (21) , feloniously harbouring him, knowing him to have committed the felony., DAVIES PLEADED GUILTY .
MR. GOLDSMITH conducted the Prosecution.
EVAS HOWELL . I am a silk manufacturer in St. Paul's Churchyard—Davies was in my service in October last, and had been for about six weeks—I was in the habit of sending him to the London and Westminster Bank, to change cheques for me—he left on Monday, 30th of October, about nine o'clock—after he left I missed some cheques from my cheque-book—this cheque (produced) is not in my handwriting, nor in the writing of any one authorized to sign for me—I have no doubt it is written by Davies—I know his handwriting, I have seen him write—it is all in the same handwriting—it does not imitate the writing of any person in my firm—in my opinion it is not at all like mine.
Bank, Lothbury—on the 28th of October Davies handed me this cheque for 95l. for payment—I believed it had been signed by Mr. Howell, who keeps an account with us, and paid it, 90l. in gold and 5l. in silver—I knew him before by coming constantly from Howell and Co.—he had been in the habit of changing cheques for them.
EDWARD HANCOCK . I am one of the city detectives—on the 31st of October last I went to 8, George-street, Oxford Market, about 8 o'clock in the evening, in company with Legg, another officer—we went into the house—I heard a noise in the passage, and saw Dymond standing in the passage and Davies outside the street door, on the pavement—I went up to Davies and said, "I believe your name is Davies"—he said, "Yes"—I took him into the parlour, and said, "I shall charge you with forging the signature of the firm of Messrs. Howell to two cheques, one on Saturday last for 95l. and one yesterday morning for 82l."—he said, "That is right"—Dymond was present, and heard the conversation—I said, "Where is the money?"—Davies then gave me a small bag from his trousers pocket, containing seventeen sovereigns, four shillings from, his waistcoat pocket, and a watch and gold Albert guard—he said that was, part—at that tune Legg spoke to Dymond, and we all went downstairs into the basement, where I saw Legg find the rest of the money, 82l. in gold and 5l. in silver, and a quantity of new clothing, shirts, and other articles—I then took Davies to the station-house, and searched him—I found on him a ticket for a passage to Quebec—10l. seems to have been paid on account—this other ticket was found on Davies by Legg in my presence—that is for a passage to Auckland—I have known such things done before as a passage taken to two different places—it is sometimes done to baffle the police in their inquiries—I was not surprised at it at all.
GEORGE LEGG . I am a city detective officer—I was with Hancock on the 31st of October, when he took Davies into custody—after Davies was charged I asked Dymond if he got any portion of the money—he hesitated—I asked him a second time, he then put his hand into his trousers pocket and gave me 17s.—I said, "Have you any more?" he said, "Yes, downstairs"—I went down with him, and the door of the back room on the basement floor was unlocked—he gave me 2l. 1s. 11 1/2 d.—I said, "Is there any more?"—he said, "Yes" pointing to a carpet-bag—I took three keys from the mantle-shelf, unlocked the carpet-bag with one of them, and found in it 82l. in gold and 5l. in silver, also one of these tickets for Auckland, in the name of White—this other ticket for Auckland I found on Dymond—Dymond said that he did not know there was anything' wrong, that Davies had told him his uncle had left him some money—he said the property found in the carpet-bag, referring to the shirts, coat, and also a coat he had on, was a portion of it, and also the outfit—there was a bill found for the outfit, amounting to 12l. 16s. 6d.—he said that was a portion of the money relating to the cheques—he said that Davies had paid for it, and the goods were divided between the two.
ELIZA BISHOP . In October last I was in the employment of Messrs. Evan Howell, and Co.—Davies was in that employment at that time as porter—he lived in the house—on Sunday, the 29th of October, I saw Dymond—he was then coming up the stairs, and he went into Davies' room—he staid there about a quarter of an hour, and then went away—he had nothing with him that I saw when he came—when he went away he had a carpet-bag in his hand, like this (produced).
54, King William-street—on Saturday, the 28th of October, Davies came to inquire about a passage to Auckland, New Zealand—he took one passage in the name of Edward White, and paid a deposit of 7l. 10s.—he came again on the Monday with Dymond—Davies then paid the balance of his passage-money, ten guineas—the passage to Auckland was 18l. in the intermediate class, by which they were going—Dymond then engaged his passage, and paid 18l., the whole amount, in the name of John Adams—gave them each a contract ticket—these produced are them.
Dymond. Q. Did not I ask for the money again because I could not go with him? A. They returned in the evening, and Davies said that Dymond had received a letter from his friends in the country, and would not be able to go, and could we return the money—I consulted with the principals, and being very busy at the time I told him to call again in the morning, and we would see what could be done—they did not call again—I heard next morning that they were in custody.
Dymond's Defence (written). When the police took me Davies said to police that I was innocent, and police said he see it by my ways. Police said to me, "Dymond, I will speak a word for you up before magistrate." Davies said to me, "Jack, I have got that little money my uncle promised me some little time ago;" I said, "Have you? how did you get it?" he said, "Uncle wrote to me, and I went after it;" I said, "How long have you had it?" he said "Four days." Davies said, "I have to give my master a week's notice to leave, and my time is up on Monday, and the ship will start on Monday night at 6 o'clock;" and he said, "My master got me another place in the City;" I said to him," Why don't you go to that place until the spring, and then we will go away together, I don't care about going now; it is the wrong time of year?" but he said, "Uncle says it is the right time to go now;" and Davies said, "I have paid seven pounds deposit, and I told the man I was called White, and you Adams;" I said to him, "My name is Dymond, that you know;" "Yes," he said, "I know, but uncle said I was not to let father or mother know anything about it, for mother would break her poor heart if she knew."
EDWARD HANCOCK (re-examined.) Davies did not say to me that Dymond was innocent—I did not hear him say so—I did not say that I could see it by his ways, and that I would speak for him before the magistrate—at the second examination at Guildhall, Dymond said, "I am innocent of this"—I said, "You will have an opportunity of speaking to the magistrate"—that was all I said—I made inquiries about Dymond, and found he was groom in the service of a man named Greenway, of Portland Mews, Euston-road—I found nothing against him—he lodged in the room where the money was found—he said that Davies had slept there on the previous night.
Dymond. I am entirely innocent, and Davies can prove it. I want him to speak the truth.
RICHARD DAVIES (the prisoner, sworn). Dymond is innocent of everything in this charge—I told him my uncle had left me 55l. and I promised to pay his fare to go with me to Auckland—he said I was very good, and he would be sure to pay me back after we got over there—I paid a deposit for our passage, and changed both our names before he knew anything of it—he knew nothing about my having forged and presented the cheque.
Cross-examined by MR. GOLDSMITH. Q. How long had you known Dymond? A. Three years—before I went to Messrs. Howell's I was porter at Waterloo House, Charing Cross, for eighteen months—Dymond knew me
before that, we used to live together at Peter Robinson's in Oxford-street—I told him my uncle had given me this money—I told him so on the Saturday before we went—I did not give him the money to pay his passage before we went into the office—I wished a companion, and wanted him to go with me—I took the passage in other names, because we thought we should escape detention better, and I told him I did not want my parents to know—I did not give him any reason for changing his name; he asked me why I had changed it—I put his name in the second passage ticket; he did not go with me—I gave him the money in the office on the Monday morning, at the time he was putting his name down—I had no reason for handing the money to him and not paying it myself—I went to his place on the Saturday night, and told him I had received the money of my uncle, and I had settled with a ship for us both to go to Auckland—I had told him about a month before, that I was to receive some money from my uncle—I said about 50l.—I did not tell him I had more—the bag in which the money was was my bag—after paying the passage money, I wanted to go sooner, by the steamer to Quebec, and I told Dymond we could go cheaper if we could get the money back, and we would go and try—the fare to Quebec was 13 guineas, the other was 18—I did not go for it—we were taken into custody that night.
DYMOND.— NOT GUILTY .
Davies PLEADED GUILTY .— Eight Years' Penal Servitude.
MR. GOLDSMITH offered no evidence against
DYMOND.— NOT GUILTY .
THIRD COURT.—Thursday, November 23, 1865.
Before Robert Malcolm Kerr, Esq.
MR. STRAIGHT conducted the Prosecution.
SYDNEY HOLDITCH . I assist my father who carries on business as a linendraper, at 105, Fleet-street—the door of the shop fastens with a spring, and there is a bell which rings when the door is opened—on 31st October the prisoner came into our shop—he pushed the door open—the calico wad standing five feet inside the door—he took it up and went out with it—I went after him, and stopped him with the calico on his shoulder about half-way up Farringdon—street—I took it from him, and he immediately ran away—I ran after him and caught him higher up the street.
COURT. Q. Would the bell ring when the door was opened? A. Yes—I was standing in the middle of the shop when the prisoner came in, in front of the counter, about twelve or thirteen yards from him—the bell rings both ways, going out and coming in—you simply push the door—it is a swing door.
JOSEPH DALTON . I am a waterman in Farringdon-street, at the Fleet—street end—on 31st October, about two in the afternoon, I saw the prisoner with the calico on his shoulder, and saw the last witness following him—he got hold of the parcel and the prisoner broke away and ran—the last witness got hold of him again, and he got away again—MR. Holditch then
dropped the calico—I picked it up and ran after the prisoner, caught him, and took him to the station—house.
COURT. Q. Did he say anything about a man having given him the parcel to carry? A. No—the prosecutor and several others called, "Stop thief"—there were a great many people in the street at the time.
COURT. Q. Was the parcel in the same state as it is now? A. No—it had a piece of paper round it, but I have done it up since.
Prisoner's Defence. The witness owns that he heard the bell ring. Do you think I would have gone into the shop and taken the parcel and deliberately come out? I was forty yards from the shop when he stopped me; if I had stolen it, I should have run away as fast as I could. A man asked me to carry the parcel for him, and said he would meet me up the street, and as I was carrying it, the witness came up and took me, and I (was frightened and ran away. I knew nothing about its being stolen.
GUILTY of stealing only. Judgment Respited.
45. JOSEPH NEWMAN (27), was indicted together with CHARLES GUSTALDI (who had committed suicide since his committal for trial), for burglariously breaking and entering the dwelling house of James Duff, Earl of Fife, and stealing therein 1 gold toothpick, a pair of tweezers, and other articles, value 300l. his property.
MR. SLEIGH and MR. WARNER SLEIGH conducted the Prosecution,MR. COLLINS the Defence.
HENRY EVANS . I am steward to James Duff, Lord Fife, who lives at 35, Dover-street, Piccadilly—on the night of Monday, 16th October, I went to bed at ten minutes past twelve—I saw that the windows and doors were all fastened before I went to bed—I got up early the next morning and found the front door open and a dark lantern in the front hall—the house was in a confused state—the drawing-room doors upstairs had been forced open by some instrument—this toothpick and tweezers (produced) are Lord Fife's property, and so are these other things—the value of the property stolen altogether is 300l.
Cross-examined. Q. Is Lord Fife's crest on the toothpick? A. No, nor on the tweezers—there is no private mark on the tweezers, but they are an old pair—I know them by the pattern, and the length of the pick inside—they were kept in a little box—I think I saw them on the Sunday—I am sure I did—I had occasion to go to the box sometimes—I had opened the toothpick before.
MR. SLEIGH. Q. Have you any doubt whatever that those are your master's property? A. Not the slightest.
ELIZA MCLAREN . I reside, at 36, Dean-street, Soho—a person who is now dead of the name of Gustaldi lodged at my house in the name of Dubois—I afterwards saw him in custody at the Marylebone Police-court on this charge—his room was the second floor back—he lodged there from June until the time he was taken into custody—I know nothing about the prisoner—Sergeant Cole came to my house on Monday, 16th October, and my sister showed him the room in which Gustaldi had been living—I was not there at the moment he found something.
Cross-examined. Q. Was Gustaldi a respectable-looking man? A. Yes; very well dressed and of good manners.
LUCY WHITE . My husband's name is Thomas Lyons White, and we live at 3, Litch field-street, Soho—about a fortnight before I saw the prisoner and Gustaldi in custody, they came and look a front room on the first—floor at our place—I afterwards pointed that room out to Inspector Draper, and he took a portmanteau away from it which had been brought there by Newman.
GEORGE GODFREY (Policeman, C 18). On Sunday evening, 15th October, between 7 and 8, I saw the prisoner in the rear of Lord Fife's house—Gustaldi was with him—they were viewing a low range of stabling—I was in plain clothes walking with my wife and child towards Piccadilly.
Cross-examined. Q. In what street where they? A. In Berkeley-street—there were no other persons in that street at that time—they were alongside the dead wall of Devonshire House—perhaps 120 yards from Piccadilly—Lord Fife's house abuts on Dover-street, which runs parallel with Berkeley—street—when I first saw them, I was about twenty yards off them—I stopped when I got up to them—they were walking slowly—I walked them, but turned round and looked both of them full in the face—they were there about three or four minutes.
MR. SLEIGH. Q. Have you any doubt at all about this being one of the men you saw? A. None whatever.
BINSTEAD WEBB (Policeman, C 112). On the Saturday evening previous to this robbery I saw Gustaldi leave the house, 36, Dean-street, and go to a house in Tower-street, Five Dials—he there purchased some keys, and then went back to 36, Dean-street—I watched the house in the evening, and about 10 o'clock I saw him and Newman enter the house together—I also watched the house on the Sunday, and saw Gustaldi and Newman leave together and return about half-past 11 the same night—at half-past 9 on the Monday morning I was with Sergeant Cole, and saw Newman and Gustaldi leave 36, Dean-street—Newman was at that time carrying a blue bag—I followed them with Cole and Dawson, and arrested Newman—he was very violent indeed—he struck and fought and kicked—I was down two or three times, and got a bruise at the back of my head—Newman was carrying the bag when he was taken—Dawson took the bag away from him—they were then both conveyed to the police-station.
CHARLES COLE (Police-sergeant, C 23). On the Friday evening before the robbery, I saw the prisoner and Gustaldi enter the house 36, Dean-street, together—I was with the last witness at the time—I saw them again on Saturday night, and on Monday morning, after going to Lord Fife's house and hearing of the robbery, I went back to Webb, who was watching 36, Dean-street—we stood there until we saw Newman and Gustaldi come out, about half-past 9—we followed them to Dudley-street, St. Giles—Dawson was with us—I jumped on to Gustaldi, who was a very tall man, and Webb took Newman—he was carrying a blue bag under his arm which Dawson took from him—he was very violent and struck me several times, and knocked me against a shop and hurt me very much—I said we were police-officers—he said, "What do you want me for"—I said, "I want you for breaking and entering a house, 36, Dover-street," and he said, "I will give you something you b—," and turned round and struck me directly—Gustaldi said, "What do you mean by insulting us in this manner"—after considerable resistance we conveyed Newman to the station—Gustaldi has committed suicide since—I have seen him dead—I afterwards went to 36, Dean-street, and found a large portmanteau—the inspector opened it in my presence, and I found the property now produced in it—I afterwards told Newman where I had found the property, and ho did not say a word.
Cross-examined. Q. Was he in the dock then? A. Yes—I found all this property at 36, Dean-street—the portmanteau was opened with a key that I had on a bunch.
HENRY DAWSON (Policeman, A 301). I was present and assisted in arresting Newman and Gustaldi—I took hold of Newman with Cole—this bag (produced) was under his arm at the time—it contained this jemmy, a bottle of aqua fortis, this pair of tweezers, and this toothpick.
GEORGE DRAPER (Police-inspector C). On the 17th, the day after this burglary, I went to Mrs. White's house, No. 3, Litchfield-street—she showed me a room in which I found a portmanteau—I took it away—it contained this jemmy, this piece of rope, this small vice, two skeleton keys, two files, two picks, and a bottle of lamp-oil—on the 16th, I went to 35, Dover-street, and found that this jemmy fitted the marks on the drawing-room door—there is a portion of paint adhering to the jemmy which was missing from the door.
Cross-examined. Q. Did you put the jemmy into the mark on the door? A. I put it close to the mark—I put the jemmy to it—I did not press it—I placed it in the mark—I did not make a corresponding mark on the door and then compare the marks.
He PLEADED GUILTY to a former conviction of felony at Newington, in December, 1861, in the name of Thomas McNamara.**
Fifteen Years Penal Servitude ,
THE COURT ordered Cole, Webb, and Dawson to receive 3l. each for their conduct in the case.
MR. ORRIDGE conducted the Prosecution,MR. CUNNINGHAM the Defence.
ELIZA MOORE . I live at 430, New-cross-road, and am the wife of George Willis Moore—in 1863 I was living in my husband's house—he had left me then for a twelvemonth—he did not sleep in his house—in June, 1863, I presented a petition to the Divorce Court for a judicial separation on the ground of cruelty, and in November, 1864, that decree was made—the things in the house were advertised for sale—my husband sold everything—I picked out and deposited with the defendant that list of articles (produced)—there was an Indian card-box, some china cups, an ormulu clock, and other things, some of which had been my grandfather's, and some were a little endeared to me as my husband's gifts—I packed them in six packages and deposited them with the prisoner in August, 1863—I said, "Mr. Haynes, I give them to you for your safe custody; will you take them to Mr. Richardson and warehouse them for me"—I paid him 7s. 6d. for doing that—he brought them to my lodgings in the New-cross-road—other things were placed on the cart, and they were warehoused at Mr. Richardson's—prior to that they were taken to a shed at Lewisham—I took them at various times in my carriage to the defendant's house—thinking they would not be safe, I had them removed to a shed at Lewisham, and I paid 18d. to the prisoner for the rent of the shed, and then he took them to Mr. Richardson—I never saw them there—he told me he had taken them—they went in the cart to go there—I think it was in March, 1864, that I demanded my goods of the prisoner—I went to his house at Lewisham and said, "Mr. Haynes, I will relieve you of those goods," and he said, "Very well,
Mrs. Moore"—I said, "You have many things in your house besides those that are at Mr. Richardson's"—he said, "It is useless to take one thing without the others, I will hire a cart and bring them to you to-morrow morning"—he did not bring them—I waited two or three hours—it was a very wet day, and I thought that might detain him; but I went to his house in the evening and found he had absconded—I saw him again the following Sunday—I traced him to Brastead in Kent, to his father's house—they said they did not know where he was, and could not give the slightest information—I then went to the back-door of the house, and saw him jumping over the hedge—I took him by the collar and said, "You are the fellow I want for robbing me"—he said, "What do you want"—I said, "I want my furniture and goods deposited with you"—he said, "Come in, come in"—I led him in, and he then placed a written document in ray hand—(read): "London, March 10th. Sir, will you deliver up the goods warehoused on your premises to a lady of the name of Mrs. Moore, if called for G. A. Haynes. There was an iron bedstead sent away by mistake, will you please make it all right"—that was addressed in an envelope to Mr. Richardson—on the Monday I took it to Richardson and found the goods were gone—I next saw them, last week, at Mr. Massingham's, at Blackheath—I saw the parcels there that I had deposited with the defendant—until I found the goods at Massingham's I could hear nothing of them.
Cross-examined. Q. At the time you deposited those goods with the prisoner was there any other arrangement except that he was to keep them for you? A. No—I never received any money from him, I will swear that—these documents (produced), are in my handwriting—(read: "June 1st, 1863. Received of Mr. Haynes, 8l. Eliza Moore." "Received of Mr. Haynes, 38l. for goods delivered. Eliza Moore. June 12th, 1863")—I removed those goods during the suit that was pending between my husband and my self—the defendant told me he ran a great risk in receiving them, and if Mr. Moore came to him perhaps he would have to pay a very heavy penalty, and so I gave him those acknowledgments to cover any expenses he should be put to, to save him from any penalty that my husband could bring against him for receiving my goods—I will swear I never received one penny from the prisoner—some of the goods were delivered to the prisoner in July just two days before the sale—my husband was a very vindictive man and I knew if he traced the goods there he would not have cared what he did to ruin the man, and I gave him those to cover any risk he might incur—perhaps I was wrong—I persist in saying that I did not receive any money from him,—I never authorized the prisoner to sell my things—I know a person named Edwards—of course I considered this property mine when I removed it, or I should not have taken it—I told my husband I had taken it—I said, "Mr. Moore, what little souvenirs I want I have taken; the rest you are welcome to"—I did not tell him where I had removed the property to.
MR. ORRIDGE. Q. When did you see that receipt last? A. About two days before March; when I went to the defendant's house, I said, "I am going before the Judge of the Divorce Court on 1st March; I have given you a receipt, for which I have never had any money; I gave it to cover you, and I should not like to go into any Court with that hanging over my head" he said, "All right, Mrs. Moore, I will go and find it"—he went and looked and said he could not find it—I then asked his wife to go, and she found that receipt—I read it and said, "I feel so happy to have it in my possession"—she said, "Suppose we pub it in the fire, Mrs. moore"—I said, "That is the best place for it," and I imagined that it was destroyed at that time.
GEORGE THOMAS WHITE . I live at 13, Royal Hill, Greenwich, and manage Mr. Richardson's business—he is an undertaker and auctioneer; be also has a warehouse and receives goods—about September, 1863, I received some parcels of goods from the defendant, four or five cases—they were entered in his name, and some household furniture in addition—I remember Mrs. Moore calling about the goods—I showed them to her, they were removed by Haynes and his brother at different times—I do not remember Mrs. Moore presenting a written order.
Cross-examined. Q. How soon after they were sent to your establishment were they removed? A. I believe it to be something like six or seven 'months—I did not take the dates—part of them were removed at one time and part at another—I don't know where they came from—they were removed from our place in the middle of the day quite publicly.
WILLIAM WRIGHT MASSINGHAM . I live at Carlton-villa, Granville-park, Lewisham—I know the prisoner—on 9th March, 1864, I advanced him 25l. on some goods that he brought to me—it was not a sale, it was a kind of bargain—I was to advance him 25l., and if he did not take the goods in two or three months, I forget which, they would become my property; they were in five parcels—Mrs. Moore has seen them and identified them—this (produced) is the receipt the prisoner gave me—"9th March, 1864. Received of Mr. Massingham, the sum of 25l. on account of goods delivered to him by me. G. A. Haynes"—I wrote that receipt and he signed it; before that I went to Richardson's and examined these cases—it was not until then that I made him any advance—he showed me Mrs. Moore's receipt and it was upon that that I advanced him the money.
Cross-examined. Q. A receipt signed by her? A. Yes, for 38l.—that gave me confidence in purchasing the goods—MR. Richardson gave me no intimation that the property was not the prisoner's, all the boxes were in his name—I did not doubt that they were his property.
GEORGE THOMAS WHITE (re-examined). The prosecutrix made an application to look at the goods at the warehouse—she asked me if I had any goods deposited there in the name of Haynes, and I showed them to tar, the cases and the household furniture—MR. Edwards was with her, and they insisted upon seeing the contents of the cases—I objected to it, and Mr. Edwards took the law in his own hands and wrenched one or two of the cases open—Mrs. Moore then discovered that some things were missing, and she complained very much of missing things—I was only given to understand they were her property by herself and Mr. Edwards; they gave me strong injunctions not to let the property go out of the place, but I could deliver it to no other person than Haynes, and I hold property now in the warehouse in the name of Haynes.
MR. CUNNINGHAM submitted that the first Count of the indictment must fail, as prima facie at common law the property could not be laid in the name of a married woman; and as to the second count he contended that the wife could not prosecute without the authority or consent of the husband. The COURT considered that as the trial was between the Crown and the prisoner, any person, whether the owner of the property or not, could come forward and prosecute.
GUILTY .— Confined Two Years.
MR. COLLINS conducted the Prosecution, and MR. MONTAGU WILLIAMS the Defence.
RICHARD GREEK . I am a grocer, at 254, High-street, Poplar—on the evening of 25th October, about half-past ten o'clock, was in Cheapside—I saw the prisoner and another female—they asked me to stand something to drink—I said, "No"—I was not talking to them two minutes—they then left me in haste and went away down Gutter-lane—I then missed my watch, I was wearing it in my waistcoat pocket with a guard—I had my coat but-toned—I followed the prisoner and a policeman followed me—I missed my watch the moment they left me—I followed them down Gutter lane, along Carey-lane, to the corner, and when I came up to the prisoner I saw her throw the watch down—I picked it up and gave it to the officer—the prisoner said, I was not to give her in charge, she never took the watch—I gave her into custody.
Cross-examined. Q. How long were you talking to the two women altogether? A. Not two minutes, or about two minutes; there was no other conversation than their asking me to stand something, and I refused—I was sober—I had had something to drink during the day; some beer—I can't say how much—four glasses, perhaps, no spirits or wine—I was perfectly sensible of what I was doing—I was sober; I was not in an unconscious state—I should say I went near upon 200 yards after the women before my watch was thrown down—I did not pick it up and put it in my pocket—I picked it up and said, "That is what I want"—the constable said, "Is that yours?" and I said, "Yes"—I don't remember his asking me what was the matter—he was, perhaps, a yard from the woman when the watch was thrown down—the women walked up to me and stopped me at the corner of the street, and I stood still—my coat was buttoned as it is now.
MR. COLLINS. Q. How did the women stand? A. One on the right and the other on the left, close to me—one of them took me by the shoulders and shook me.
COURT. Q. Did they go away quickly? A. Yes—I did not cry, "Stop thief" or anything, because I thought they would pitch the watch away and I should lose it—I ran after them, and when they saw me pursuing them they both ran—the officer joined me at the bottom of Gutter-lane—only one of the women shook me by the shoulders—the other was standing on the right of me—I have my ideas how the watch got out.
WILLIAM LUCK (City Policeman, 430). At half-past ten o'clock, on the night of the 25th of October, I was standing at the corner of Huggin-lane, and saw the prisoner and another female running down Gutter-lane, and the prosecutor running behind them—he did not call out, "stop thief, "so I did not know he required them to be stopped—they turned into Carey-lane, the prosecutor followed them, and I followed him—he overtook the prisoner, and said, "You have got my watch,"—she said, "No, I have not"—at that time I got close to them, and as soon as she saw me she threw the watch down on the pavement—the prosecutor picked it up, and said, "This is what I want," and he handed it to me—this is the watch (produced)—the bow is broken—the prosecutor's guard was hanging down—I then took the prisoner into custody.
Cross-examined. Q. Where was the other woman? A. She went off up Foster-lane—I did not see the prosecutor stop her and speak to her—he had had a glass to drink, but he was sufficiently sober to know what he was about—I can't say whether he saw me when the women ran past me—I was a dozen or fifteen yards off—I was in uniform.
MR. COLLINS. Q. How near were you to the prisoner when she threw the watch down? A. I should think about a yard—the other woman had then gone up Foster-lane.
NOT GUILTY .
MR. LYALL conducted the Prosecution, and MR. ORBIDGE the Defence. In this case the original rules of the Society were not produced. The Court held that the prosecution could not be proceeded with without them, directed the jury to return a verdict of Not Guilty.
The witnesses did not appear.
NOT GUILTY .
OLD COURT.—Friday, November 24th, 1865.
Before Mr. Justice Byles.
MR. SERJEANT ROBINSON with MR. BUTLER DIGBY conducted the Prosecution, and MR. SERJEANT BALLANTINE, with MESSRS. SLEIGH and MONTAGUE WILLIAMS, the Defence.
NOT GUILTY .
NEW COURT.—Thursday, November 24th, 1865.
Before Mr. Common Serjeant
MESSRS. POLAND and BEASLEY conducted the Prosecution,MESSRS. DALY and STRAIGHT appeared for Smith, and MR. PATER for Dean and Lewis.
JAMES COWLEY (Policeman, H 150). On Sunday night, 27th October, I was on duty in Old Nichol-street—there was a quarrel among some women, and I went up to them, and advised them to go home quietly—one of them said, "You b—sod, you knocked me about the other night"—she held out her arm—I turned to look at it, and saw the prisoner Smith on the other side of the road—he crossed, and struck me a violent blow on the side of my bead with a life-preserver or a stick—it penetrated my helmet, and bent the rim—I fell from the blow—Smith ran away; I got up and followed him about twenty yards—when I had got about two yards from him, he turned round and struck me in the front of my forehead, with the same instrument, I believe—I closed with him, and in the struggle we both fell—while he was struggling on the ground, Dean came up, and struck me on the legs and body with something like a poker, while Lewis kicked me violently on the fingers, elbows, and body—I became excited from loss of blood, and they all three got away—some civilian came up, and I was assisted to the station by him and a constable, and was attended by Dr. Phillips, the divisional surgeon—I afterwards went with Sergeant Savage and other constables, to 1, New Nichol-street, Lewis's house—that is the next street to Old Nichol-street—I knew the prisoners before, and had seen them together
—the assault was ten or twenty yards from that house—we found Lewis there in bed—I told him I should charge him with assaulting me—he said, "I know nothing about it, I have been in bed ever since seven o'clock"—a lad that was in bed with him, said that his father had been in bed all the afternoon as he was tipsy—Lewis was taken to the station—I knew where Dean lived—I think it is 21, Old Nichol-street, thirty or forty yards off—we went there and found him—I said that I wanted him for assaulting me that night—he said, "I know nothing about it; I was at King's Cross at eleven o'clock" I searched the room and found this poker between the bed and mattress—I made inquiries after Smith the same night, but I knew where he lived, as I had seen him go there with Lewis—a constable found him—I have seen the prisoners altogether as companions at two beer-shops in New Nichol-street, but not much in the day time.
Cross-examined by MR. DALY. Q. Did you tell the Magistrate that you had known them before? A. Yes, I told him I knew Smith, and asked for a remand—I was not asked whether I had seen them together—I have been six years in the police—I told the attorney I had seen them together, when he asked me if I knew them—I knew the prisoners before for some time, but I did not think I need say so—I told our own men so—I believe there are other indictments—I was present when the charge was made that the police brutally ill-treated Smith—I was examined, but only identified the man—I did not hear Mr. Wontner say that I did not account for where Smith came from—I now mend my evidence by saying that he came from across the road, because it is the truth—it is not in consequence of something I heard—I was so weak and exhausted on the following morning, that I scarcely knew what I was doing—I have not been on duty yet—two or three men were present when I was struck, but I cannot recognise them—the other prisoners were not there when Smith struck me—I do not know whether the civilian was named Dupen—I have not heard his name—there is a man outside who states that he was there—I do not know whether I saw him that evening—a man called at the station I believe, two days afterwards, but I did not see him; it was another constable—all I know from what he states that Dupen came and offered to give evidence—I did not drink beer with Dupen, or offer him beer—I did not hear him make a statement as to how this took place, or offer to give evidence—I did not go into a public-house with him on the Tuesday and drink with him—I did not hear any other constable offer him drink—I did not hear anybody say anything to dissuade him from giving evidence, nor did I do so—I do not know him—the civilian sprung my rattle at my request, and he was knocked down—I could scarcely see for blood—I think I said, "Spring my rattle," and some civilian sprang it—some private individual and another constable took me to the station; I believe I told the Magistrate that—I became senseless borne little time after being struck twice on the head—I ran after Smith—I do not know where he ran to ultimately—he did not limp that I noticed—as soon as I was knocked down, I got up again and caught him—he had got twenty or thirty yards—I did not see him run into a house—he did not seem to be a good runner, or I should not have caught him so quickly—I did not say of Smith that he had a black moustache, or that the man who struck me had a black moustache—my brother constable Savage said that I did—I might have said that one of them had a black moustache, but not Smith—Savage did not say which man I mentioned—I did not say which man it was, two of the prisoners have black moustache, but I might have;
I heard Savage say that I did—this is the poker that was found under the bed—Savage did not say before the Magistrate that it was lying on the floor—Webb, 128 H, assisted me to the station—he is not here—he did not see the assault—I did not mention his name to the Magistrate or the attorney—I said, "my brother constable"—the civilian was not called before the Magistrate—I did not know that there was any private individual for me.
Cross-examined by MR. PATER. Q. Was it dark? A. It was moon-light—Old Nichol-street is not very badly lighted; there are two lamps—I was struck on my legs twice after I had received two violent blows on my head—I was nearly insensible, but not quite, when I was struggling with Smith the ground—I had closed with the roan that had struck me on the head before I was struck on the legs—it had been raining in the day, but it had cleared off, as a fresh breeze was blowing—the rain ceased before 10, before we went out for the night—the pavement was dry, but the road was very muddy—it was on the pavement in Old Nicohol-street that I was struck on the legs—when I went to Lewis's house, he said, "I know nothing about it, I have been in bed all night"—the lad said the same—Dean said that he knew nothing about it, he was at King's-cross at 11—when I said that I should take him in charge for assaulting me, a woman said in his presence, "That is wrong, he has been in bed all the evening"—I picked up the poker from under the bed—it is a small room—the bed is about a yard or more from the fender—the poker was at the corner of the bed, close to the fire-place, between the bed and the mattress—no part of it was on the ground—it was entirely concealed by the bed and the mattress—I did not examine Dean's boots, or Lewis's.
POLAND. Q. When Webb came up to assist you, had the prisoners gone away? A. Yes, he saw nothing of it—the man that sprang my rattle was knocked down, I cannot say by who—Smith was taken on the following Tuesday—I have been off duty ever since—it was three weeks last Sunday night—I did not ill-use the women who were there quarrelling—Smith was represented by Mr. Wontner at the police-court, and the others by Mr. Lewis, but not the first time—I had no solicitor.
GEORGE SAVAGE (Police-Sergeant, H 15). On the morning of 3rd October, I was at the station—Cowley came in about half-past 12 o'clock, bleeding very much from two wounds on his head—I went for the surgeon, and they were dressed—I afterwards accompanied Cowley to Lewis's lodgings—when we went in he sprang out of bed and tried to get hold of Cowley's threat, but Cowley shoved him away—he made another attempt, and I took hold of him and took him into one corner of the room—Cowley left the room and went to another part of the house—Lewis was excited; he came close to roe and said, "Look here, Savage, you had better keep away, I am not going to hurt you, but we intend to murder that b—son, "pointing towards the door where Cowley had gone out—I took him to the station with assistance, and then went with Cowley to Dean's lodgings—we found him in bed—I said, "We want you for assaulting this man"—he got out of bed, and a woman who was there, his wife, I think, said, "That is wrong; he has been in bed all the evening"—after he had dressed himself; be said, "This is a mistake, I have been at King's-cross, and did not get home till 11"—he was then taken in charge—I saw a poker in Cowley's hand, about three feet from the fire place—I thought he took it from under the bedstead.
Cross-examined by MR. DALY. Q. Were you cross-examined before the police Magistrate? A. Yes—I said that I saw the poker partly under the
bed, and partly near the fire-place, about four feet from it—it was in Cowley's hand, he had hold of the handle of it; I know it was in his hand—I believe Mr. Wontner said that Cowley and I contradicted each other—he commented upon that after I was examined, and after this was written down—I did not take care that it was written down by the Magistrate's clerk—because I did not exactly observe it, I told Mr. Wontner—I noticed that the words, "in Cowley's hand," were not used in my deposition—it was read to me after Mr. Wontner commented upon it—when Cowley came to the station, he said, "One that assaulted me had a black moustache.
Q. Did you say, "At the station Cowley said, "The man that assaulted me had a black moustache?" A. I said at the police-court that Cowley said that one that assaulted him had a black moustache—it was read over to me before I swore it—I did not notice that the word was "the," and not "a"—Mr. Wontner wanted to know if the man who assaulted Cowley had a black moustache, and he said that Cowley and I had contradicted each other—my deposition was read over to me afterwards, but I had nothing to contradict—I do not recollect hearing the words read, "The man who assaulted me had a black moustache," but Cowley said that one of them had.
Cross-examined by MR. PATER. Q. Did you go with Cowley and another constable? A. With several, Nos. 103, 120, 142, and, I believe, there was another; there were five or six of us—three of us entered Lewis's room, Cowley, myself, and 120, who is not here—I was alone with Lewis and the boy when Lewis said, "We intend to murder that b—sod"—there is not a summons against me for excessive violence that I am aware of—I have heard that there are summons against two of the men who entered Lewis's house—I do not think Lewis's door needed bursting open, but we had to shove it, and something fell—I believe the wash hand stand had been put against it on purpose—it was not raining then—there was a little dirt about—I know Old Nichol-street well—it is not very badly lighted at this corner—there is a gas-lamp there, and I think the stars were out—it was not particularly dark.
MALLARD INGRAM (Policeman, H 54). On 31st October, in the middle of the day, I took Smith in Cross-street, which runs out of Old Nichol-street—I told him he must consider himself in custody for an assault on Cowley on Sunday night, in Old Nichol-street—he drew himself back and bolted forward, calling out, "Rouse, rouse!" meaning rescue—his companions came round and I was struck by one of them with a stick—there was a great deal of resistance before he got to the station—there was a mob, and I was very seriously injured.
Cross-examined by MR. DALY. Q. Were you examined in this case at the police-court? A. Yes—I know that there is an indictment for the assault on Tuesday—there is a summons hanging over my head for assault, I believe—it is not for an assault with intent to under—it is at the instance of Smith—I heard some witnesses examined for Smith; I did not count them—I cannot say that I heard Thomas Hall examined—I do not know him—I heard a cabman examined—after I was knocked down, another policeman came to my assistance—he and I had not hold of Smith by the collar on each side—I cannot say what I heard sworn before the Magistrate—I cannot say whether Smith had a bundle and an umbrella in his hands—I and the other policeman were not hitting him on the head with our staves—he did not put up his hands to save his head—I did not hear Thomas Hall swear that I and the other constable were hitting him with our staves, and that he
put up his hands to save his head—no one said so in my presence—I do not Know whether what he swore was taken down, or whether I heard him examined—I saw Mr. Wontner there, and saw the Magistrate's clerk with a pen in his hand, writing, when I was giving my evidence—I did not stop to see who gave evidence and who did not.
MR. POLAND. Q. Do you say that Smith called out "Rouse" several times? A. Yes, and I was then knocked down with a stick by a man not in custody—Smith struck me with my own truncheon, which he snatched from my hands.
CHARLES GEE (Police-sergeant, H 14). I was acting inspector at the Station on the Tuesday when Smith was brought there—he had two black eyes and other injuries—I asked him how he got the black eyes—he said, "I got larking at the Garibaldi, Richard's beer-shop, on Sunday night"—that is in Old Nichol-street, close to where the assault took place.
Cross-examined. Q. Were you examined before the Magistrate? A. I was there, but was not called—I stated this to Inspector Osborne—I am not subpœnaed here to day, but the inspector thought it necessary for me to come—I sat next to Mr. Beard, the attorney, at the police-court—I told him to ask certain questions—he appeared for Ingram in the second case—I do not know that I was helping him, but if there was a question, I suggested it to him—I told the solicitor of the Treasury, Mr. Pollard, what I Knew, and he took it down.
MR. POLAND. Q. Did you hear that there was any alibi to be set up in this case? A. Yes—I heard that at the police-court, and was directed to be here.
GEORGE BAXTER PHILLIPS . I am a surgeon, of 2, Spital-square—I saw Cowley at the station, about half-past 12, on Sunday morning—he was suffering very much from a contused wound on his forehead, another on his temple, and some more wounds on his head, a confusion on his ribs, and another on his knee-pan—a thick stick or life-preserver, or Borne blunt bludgeon, would inflict the wounds on the head—I saw a mark on his helmet Corresponding with the wound on his temple—that was the most serious injury—he is still off duty, and under my care—such wounds are often dangerous, but he is a young healthy man, and his helmet protected him—he is going on well.
Cross-examined. Q. Did you examine Cowleys legs. A. Yes—there were some marks, I cannot Bay injuries—they were not as if a poker had been bent over them—I think the injury about the knee-pan was caused by a fall—Smith was greatly excited—there were a great many wounds on his head—I will not tax my memory as to whether I have said there were eleven.
MR. POLAND. Q. Was Ingram much injured? A. Yes—he had a great many wounds on his head.
Witnesses for the Defence.
WILLIAM DUPEN . I am a surveyor, of 10, Old Nichol-street—on Sunday evening, 29th October, about half-past 11 o'clock, I was standing at my door, and saw a policeman coming down the street towards me, and three women close by his side—they said something to him, and a man crossed from the opposite side of the way, stood on the curb, struck the policeman a violent blow on his head, and ran back across the road—the policeman did not fall, his hat came off, and I went towards him and picked it up—he then ran after the man, who had struck him, across the road—he took him, and struggled with him against the side of a beerhouse—the constable
halloaed out, "Police"—I saw a rattle lying on the pavement—I gave it one spring round as a signal that I had got it, and the constable said, "Spring it mate"—I sprang it again—he was all this time straggling with the man—he got the man down on the curb, and I heard the man say to the policeman, "You will kick you b——, will you?"—he got up and ran away two or three steps before the constable was aware of it—he appeared to be a slow runner—I do not recognise the man—the officer followed him, and he ran into a house four or five doors off, it seemed to me—I missed him as if ho bad gone into a house—a constable was brought by a woman—he leant on a post, and asked me for the rattle, which I was springing—that is the constable (Cowley)—there was a civilian close to him, and I gave up the constable's arm to him to lead him along—people collected round by the sound of the rattle—nothing else was done by the policeman—I went to the station, and the surgeon asked me if I knew the man—I told him no—I heard the constable say that the man who committed the assault wore something of a light comforter, and he said something about a black moustache—they were talking together, but I did not interfere—they asked me for my name and address, and I gave it to them—I have since conversed with the constable that was assaulted, on the Sunday—I saw him on the Tuesday at the police-court—I had to take some work home that morning—opposite the station I saw a crowd, and inquired—from what I heard. I went in, and Cowley spoke to me—I asked him if he had got the right man that struck him on Sunday night—I said, "I hear you have got two others"—he said nothing, but offered me something to go and get a glass of drink, which I refused—I did not look to see what he offered me—I told him if he was going to have something to drink himself I would go with him, and we went to a house at the corner of Crispin-street, Spitalfields—I asked him if he was going to take the men up to the police-office that afternoon—he said, "Yes, in a few minutes, as soon as the cab comes"—I said, "I shall come up and have a look at them"—he said, "No, you stop away"—I then left him—I went to the police-court, but I stopped outside the door—nobody stopped me from going in.
MR. PATER. Q. Are you quite certain that only one man struck him? A. I did not see any other—if there had been more I must have seen them—I do not know Lewis and Dean—I am a stranger to all the prisoners—it; It was wet under foot that night.
Cross-examined by MR. POLAND. Q. Do you live at 10, Old Nichol-street? A. Yes, I have lived in that house about five years, and ten years in that street—I do not know that Dean lived in that very street—I am always at I work from morning till night—I do not trouble myself with people—I do not recollect seeing him in that neighbourhood—I do not know which is Dean—I do not frequent the Garibaldi beer-shop—I do not know where Lewis lived, or which is Lewis—I cannot call Smith to mind—I went to the station the same night as the assault, and told the sergeant I could not identify the man that struck the blow if I saw him—it was about half-past 11 when I was standing at my door—it was a tremendous blow that was struck, with something of a life preserver—he did not knock him down, but his helmet came off—I did not see the other blows given.
Q. Some time afterwards did not you find that the constable had two wounds, one on the side and one in front? A. Well, the blow he received seemed to lash round his head—I know it was a violent blow—the man stood in front, and seemed to strike this way—I saw the blood flow, and
had some on my shirt-sleeve—when he ran after the man he was bleeding very much, but I did not notice two wounds—I walked after them after the first blow was struck—the sound of the rattle which I sprang brought several persons—some people came out of their houses—I did not see where the woman came from who brought the constable back—I did not follow them up sufficiently near to see what became of the man, but he appeared if he turned to go into a house—they ran four or five doors off—I saw no civilian knocked down—I was not knocked down.
MR. DALY. Q. Why did not you follow him? A. Because I expected that the man would get away, as he had the start—I have a sister that lives lot very far off, and my wife was with her—I went to see how they were getting on, as there was a child ill, which died on the following Tuesday—I did not see a second man—the policeman did not fall when struck, he was standing against the wall—I cannot say that I lost sight of him, unless it was when I stopped down and picked up the hat—I do not know the man at all.
COURT. Q. I think you said that you asked the policeman whether he had got the right man, and he said yes? A. Yes—I said I heard that he had got two others, and said, "Are the men going to the police-court this afternoon?"—he said, "Yes they are"—I knew at this time that there was only one that assaulted him, but I heard that there were two other men in custody—I did not say, "What do you want with three men?" I did not like to put myself forward—I said at the station that there was only one—I did not give it a thought when I was drinking with him—I first saw the civilian, to whom I gave the constable's arm, in Nichol-row—the first thing I saw of him was after I bad started with the constable—he led him to the station—I do not know where he came from, or when he came up—I had not seen him before—my rattle may have brought up forty people—they ran up from different directions, while the policeman was struggling to keep the man who had hit him—they flocked round, and were dodging about—it all happened in a few minutes—the man did not fall from the first blow that I saw—when they were struggling together they were nearly down, but not quite—that was when I picked up the rattle—they were very low, but not quite down—the constable got the man down, and he said, "You will kick, will you?"—he did not stoop over him—he appeared to be standing up, as if he could not see for blood, as the man got up without any struggle and ran off.
GEORGE BURNS . I live at 171, Elvin-street, Bethnal-green, and am secretary to the St. Matthew's Christian Temperance Association—the prisoner Smith lodges at my house—on Sunday, October 29th, I went from church to the Alhambra Music-hall, close by, to hear a temperance lecture—Smith brought me some grapes for my wife—I sat up till 12 o'clock reading the paper—I passed Smith's bedroom door about 11 o'clock, and bade Smith and his wife "Good night"—they answered me—there is no latch-key to my door—I particularly requested that there should be nope when the house was built—I bolted and locked the door that night—Smith could not possibly have left the house that night without my knowing it—I locked the door and took the key.
Cross-examined by MR. POLAND. Q. How long have you lived in Elvin-street? A. About thirteen weeks—I was the first tenant—Smith came to me the same week that I went, twelve or thirteen weeks ago, I cannot fix the date precisely—I went in on a Saturday, and be came on the following Monday—I had not known him before, or where he had been living—I had a bill up, "two parlours tolet"—he occupied the front and back parlour
on the ground floor—I am a carnage-painter, and go out to work in the day—I left the temperance lecture at five minutes to 10, by Shoreditch Church—there have been lectures every Sunday night for the last twelve months—I went to church first, and after that, went to hear a celebrated temperance lecturer from Hammersmith—I took the key with me upstairs, but not directly—I got in by knocking at the door; my wife let me in—I shut the door and went into the kitchen to take my supper—I did not go upstairs till 11 o'clock, and then I took the newspaper and read till 12—Smith was in the back parlour—I did not see him, but I heard him conversing with his wife, and called out, "Good night"—I do not know the other men.
COURT. Q. Do you know the Garibaldi? A. No, I never use such houses—I saw Smith on the Monday; he had a slight abrasion over the eye—I heard no rattle springing—they had free access from one room to the other, after I locked the door—there are each windows to their room—there are shutters to the front, but none to the back—there is a yard at the back from which you can get to the street—I generally shut up about 10.
MR. DALY. Q. Did you notice any marks as if anybody had got out at the window? A. No.
COURT. Q. Had you occasion to look and see? A. The circumstance was not drawn to my attention till Tuesday, so I did not notice—I went up to the Magistrate, but was not called.
MARY ANN BURNS . I am the wife of the last witness—on 29th October, between 9 and half-past, I was in my kitchen, which is on the same floor as the parlours, running back into the garden—a knock came, and I opened the door to Smith—he came into my kitchen and gave me a bunch of grapes—he left after a few minutes, and went into the front parlour—he did not go out again—he is married—he could not go out again without my hearing him—I sat in the kitchen the whole of the afternoon and evening till 11 o'clock, and as I passed Smith's door my husband said, "Good night, Mr. Smith," and they both answered, "Good night, Mr. Burns"—I heard Smith laughing with his wife after I went up—my husband sat up and read the newspaper—I heard Smith and his wife laugh repeatedly—I was awake till my husband came to bed, and some time afterwards—I did not hear a window open—I heard a conversation going on between Smith and his wife till-just upon 12 o'clock—I would not say after 12.
Cross-examined by MR. POLAND. Q. Who let your husband in? A. I did—the door was not locked; our street door is never locked, it is doubly bolted; we have got no latch—you cannot open it from outside—there was one key to it, but I never use it unless I am going out late—the lodgers do not have one—there is no latch-key—we doubly bolt the door at night, but do not lock it—we do not take the key up to our bedroom—I had that key at the time in my dresser drawer—I did not know Smith before he came to us, or where he lodged—he told me that he had just got married—I do not know what his trade is—I do not know the Garibaldi.
ROBERT BURNS . I am turned eleven years old, and live with my father and mother—on 29th October, I remember Smith bringing in some grapes to my mother—he did not stay in the kitchen, he went into the back parlour where he sleeps—his wife was there—I recollect my father coming in, and my father and mother going up to bed—I was sitting up to keep company with my mother, because my father was out—I went up to bed with my father and mother at 11 o'clock—I slept in a little room next to them—as my father went by he bade Mr. Smith "Good night," and Mr. Smith said, "Good night, Mr. Burns"—Mrs. smith did not say anything.
Cross-examined by MR. POLAND. Q. Do you generally sit up so late as that? A. Yes, especially on Sunday night, because my father goes out to teetotal lectures—he does that every Sunday night.
SMITH— GUILTY .—(See next case).
LEWIS— GUILTY . †— Confined Twelve Months.
DEAN— GUILTY . *— Confined Fifteen Months.
NEW COURT.—Friday, November 25th, 1865.
Before Mr. Common Serjeant.
52. WILLIAM SMITH was again indicted with ALFRED PRICKETT (23), and WALTER JOHN CROCKETT (17) , for unlawfully assaulting Mallard Ingram, John Law, and Maxwell Allingham, police-officers, in the execution of their duty.
MESSRS. POLAND and BEBLEY conducted the Prosecution, and MESSRS. DALY and STRAIGHT defended Smith.
MALLARD INGRAM (Policeman, H 54). On the morning of 31st October, about twenty minutes to 12, I was in Shoreditch—I had had information which caused me to look for Smith, and I saw him walking down the street—I followed him, saw him go into a draper's shop, and waited till he came out—he then went back as far as Church-street, which leads into Old Nichol-street—I went round and met him in Cross-street, close to Old Nichol-street—I said, "You must consider yourself in my custody for assaulting Cowley, 160, in Old Nichol-street, on Sunday-night"—he said, "Do you know who I am?"—I said, "Yes, by the description I have received you are the man; you will have to go to the police-station with me"—he drew himself up and bolted forward, calling out, "Rouse, rouse," which means rescue—a large number of his companions ran out of the Garibaldi and Prince of Wales beer-shops, and Prickett ran up to me and struck me a blow on the back of the head with a large stick about two feet long—it knocked me down and stunned me for a moment—I bled and was senseless for a moment—I got up again and was struck by a large stone or brick on the side of my head, which knocked me down again apparently insensible for a moment or two—while in the act of rising, I drew my truncheon, but Smith snatched it from my hand and struck me two very severe blows across the head, (my helmet had been knocked off by the first blow)—I became smothered in blood—my cape is covered with it now, and it is also torn—Smith was very violent; he threw himself under two or three carts—Law came to my assistance and laid hold of Smith by the arm—he was very violent, threw himself down, tore his coat-sleeve, and got away—after we got to Church-street he threw himself under two carts—there was a great mob—they were flinging stones and sticks at me and Law—we were then the only two constables with Smith—Law caught him again on the other side of a cart, and he was very violent, and threw himself down a great number of times under some carts in Church-street, where he knocked himself about a great deal in his endeavours to get away—a very large mob still pursued us crying, "Kill the police"—I heard Prickett say, "Do not let the b—s take him like that"—he said that in Cross-street and Church-street and Club-row, till he was taken in custody himself—with a great deal of difficulty we got Smith into Club-row, and constables Allingham and Smith came to our assistance after a long period—I did not notice Crockett at all—when Smith got to the station he had some wounds—I believe the biggest part of them were done under the cart—I am sure Prickett is the man who struck
me on the head—I Have known both him and Smith: Smith in the street, and Prickett in the beer-shops—I have been off duty ever since; under the surgeon's advice.
Cross-examined by MR. DALY. Where did you first see Smith in Shore-ditch? A. Just off Newman's-passage, two or three hundred yards from where I apprehended him—I had not time to take him in Shoreditch—he was on one side, and I was on the other—I did not go over and take him, on account of the busses and carts—I did not cross the street in Shoreditch—he crossed over and came to Church-street—I did not take him then because I had not the chance—a large number of his companions ran out—I knew that by seeing him speak to them—I do not think I said that before the Magistrate, for I was in such a state that I was hardly able to stand in the witness-box—I was struck twice by Smith with my own truncheon—Prickett also struck my head—that might have made me senseless for the moment, but I came to myself—I was then struck with a brick on the side of the head, and fell senseless—I was senseless twice for a moment, but not for half an hour, because I know the time I got to the station—I assisted Smith to the station—I did not say that I was assisted by my brother constable to the station; those are Mr. Wontner's words—(The deposition stated: "I was assisted away by my brother constable"—I told the Magistrate's clerk he had made a mistake—he corrected it, and it was put down here, at the bottom of my evidence (Read:—"I did not say I was assisted away, but that I assisted the other constable in taking Smith")—MR. Wontner addressed the Magistrate, and commented upon the feet that I was assisted away by my brother constable, and when the clerk read my deposition over, I corrected it—Law came up before I received any blows—I know that there are summonses against me and Law for excess of duty, but I have not seen any for attempting to murder Smith, nor have I heard witnesses examined on such a summons—I heard witnesses examined for the defendant at the police-court—I heard Hall, a cab-proprietor, examined—Law and I did not lay hold of Smith by the collar on each side—I cannot say whether Smith had a parcel and an umbrella in his hand—Law had hold of him, but I had not hold of him at the same time—we were not bitting him over the head with our staves—I never saw him put up his arms to save his head—we did not drag him towards the cab, striking him all the while—I never saw him struck on the head—after the surgeon was examined yesterday, I knew that Smith had eleven wounds on his head, but I never saw him struck on the head—he did not fall down against a cab—I did not see Law drag him up against a butcher's shop—it was near a butcher's at the corner of Cross-street that he struck me on the head with my staff—I did not see Law hit Smith on the head near the butcher's, or see him fall as if he was dead—one of us did not fell on top of him, that I am aware of—I never saw him fall, but I saw him down at different times—he was on the pavement by the butcher's shop, but whether he fell or threw himself down I do not know—he did not seem to be quite insensible—I did not see one of the policemen beat him on the head, and on different parts of his body—the butcher did not say, "For God's sake do not murder the man, but secure him"—no one offered to assist us to take him, they tried to get him away—some one, I believe, went to get some water—I suppose they fetched it for Smith—I did not strike Smith on the bead with my truncheon after the water was got—I heard no one cry '"Shame!"—Smith did not put his head under a costermonger's barrow; he flung himself under an apple-stall—Law and I did not then run round to the other side of the barrow and hit him on the
head—I saw Smith throw himself under a horse—one of as did not run round and whack him on the head from the far side of the horse—he was not nearly senseless when he was taken to the station: he was bleeding, and so was I—there were two ponies and carts standing in Church-street, Smith threw himself under a pony's belly—I did not go round and whack him, under the pony's belly, nor did I see Law do so—no one cried out, "Do not strike the man, if you want assistance, we will help you"—I did not say, "Stand back, or we will strike you," holding up my hands to the people; but we held up our staves to keep them from closing on us—they said "They are murdering the police"—I mean to say that when they said that we tried to keep them back, because a number of people were closing in on us—I never heard them say, "They are murdering the man"—I did not drag Smith out from under the apple-stall and hit him on the head—I heard a great number of witnesses examined at the police-court—at the time Smith struck me the two blows with the truncheon, Law had hold of him—we were struggling three Quarters of an hour—I have not said an hour.
MR. POLAND. Q. Were you not able to get Smith to the station for three-quarters of an hour? A. No—250 people, or more, were assembled, some orderly, and some not—I went before the Magistrate and gave evidence an hour and a half, or two hours afterwards—the same surgeon examined Smith and me—I got my truncheon back in Church-street, I snatched it from Smith's hand, when he was aiming a blow at Law with it.
Prickett. Where have you seen me? A. In old Nichol-street a great number of times, and in the two beer-shops.
JOHN LAW (Policeman, A 659). On Tuesday, 31st October, I was en duty with Ingram in Church-street, Shoreditch—we were in uniform—I saw Ingram collar Smith about twenty yards up Cross-street—a struggle ensued, I ran up and beard Smith call "Rouse" several times—we were surrounded by thirty or forty people, and two or three stones were thrown—Prickett was among them; he had a stick in his hand, and struck Ingram on the head With it, and knocked him down—Ingram got up, drew his staff, and was directly struck by a stone which knocked him down—Smith directly snatched his staff from his hand, and struck him two blows on his head—he also struck me on the shoulder with the staff—I drew my staff and struck Smith on the shoulder to disable him—I struck another blow at him, which hit his head and knocked him down—when he rose, Ingram wrested hist staff from him before he had time to do anything with it—I heard Pritchett say, "Look at the b—y sods, do not let them take him like this"—Smith still continued very violent—I had hold of him all the time, till I knocked him down—he was struggling violently to get away—several stones were thrown—I kept hold of Smith—he threw himself under a horse which was in a cart in Church-street, so that the mob would have parted us, but we dragged him out, and got him to the Corner of Club-row—the stones fell very thick there, and Willmot came to our assistance—he put his back to us, and kept the crowd from our rear, while we took Smith through-Club-row and Anchor-street—Allingham, 15 G, and Smith, 95 G, came to our assistance—I pointed Prickett out, and said, "Allingham, take that man in custody, he has assaulted my brother constable"—Allingham and Smith took Prickett—I did not see whether he resisted—I saw nothing of Crockett—my helmet was not knocked off, but it was struck several times by the brick-bats, and damaged—Smith kicked me in the stomach in, Church-street—I struck him once on the shoulder, and once on the head—I struck him on the shoulder to disable him, but as he wriggled about it hit his head by accident.
Cross-examined. Q. Quite by accident? A. Yes—I aimed at his shoulder—I said before the Magistrate that Smith had struck Ingram before I heard Mr. Wontner speak—(The witness' deposition stated:—"Smith snatched the officer's staff, and struck me on the shoulder")—I said, "He struck Ingram on the head and me on the shoulder"—that is an omission of the clerk—I corrected my evidence the following day—MR. Wontner commented upon the whole of the evidence, and upon Ingram being struck on the head—I corrected my evidence when it was read over to me, I could not do it before—I corrected the written deposition taken at the first examination—I mentioned that he struck Ingram on the head, but it was not written down—I found when the clerk read it over that it did not contain that—I had beard Mr. Wontner speak, the day before—Ingram was examined first before the Magistrate, and I was examined after him—there were other witnesses, and then a remand—I was in Court when Ingram was examined—the witnesses were not ordered out till after my examination—we bad no solicitor to put questions in detail.
Prickett. Q. Did you know me before this? A. No—I did not at first say, "Take that man in custody, he has thrown a bit of stick at my hat," and afterwards at the station stretch it into saying that you had hit me over the hat with the stick—I did not show the dent in my hat, and hand it about to the constables—you were put into the cell for an hour before you were charged with hitting Ingram; that was because the constable's head was being dressed—I did not charge you with assaulting me, or else I should have charged you at once.
COURT. Q. How long did it all last, from the time you joined your brother constable till you got to the station? A. About three-quarters of an hour—it was half an hour before Willmot came up—I was not hurt, I suffered a little pain from the kick I received when on the ground.
JOHN WILLMOT (Policeman, H 57). I came up to my brother officers at the Church-street end of Club-row—I saw Ingram and Law holding Smith, who was doing nothing at that time, but there was a mob of 150 or 200 people, who prevented their getting on—they were yelling and vowing vengeance against the police—I saw Prickett there—he said, "Don't let the b—s take him"—the mob were pressing so close to my brother constables, that I took out my staff, as they could not move—I turned my back to their backs, and kept the mob at bay, within arm's length, in a small circle—they all this time continued pushing, and endeavouring to close up—other constables afterwards came up—one or two of them assisted in keeping the mob back—I saw a stone and a stick thrown from a window in Club-row—the stone struck one of the constables on the shoulder; it was nearly as large as my fist, there was a great deal of excitement, and I was excited in the mob, and can't tell exactly—other stones were thrown, but not until we got further towards the station—the row continued—other stones were thrown in Anchor-street, and in the railway arch, and after we got through the railway arch—I saw Crockett throw one stone after we got through the railway arch—I cannot say whether it hit anyone—I caught hold of him and another stone dropped from his hand at his feet—another constable and I kept hold of him, and then he went quietly to The station—I was with them all up to the time Smith was taken to the station—the row continued right to the corner of Peabody's buildings, which is close to the station.
Cross-examined Q. Were you wounded? A. No; I kept the whole 200 at bay with my staff; it was a fierce mob—I did not strike anyone—they
all fell back, out of reach of my staff—I did not hear them shout, "They are murdering the police," but several people shouted out that they wished I might be butchered before I came back—a man came and told me to go to my brother constables' assistance, as they were murdering them, but I heard no one say in the crowd, "They are murdering the police," nor did they cry, "Shame"—I did not see Ingram or Law strike anybody—there was not a blow struck except by the stones after I came up—it was about a quarter past twelve o'clock.
Prickett. Q. Can you give me a bad character? A. I never saw you before, but it was the first day I had been in the street.
COURT. Q. What took the A Division there? A. They are the a Reserve.
MAXWELL ALLINGHAM (Police-sergeant, G 15) I joined my brother officers in Swan Yard—that is nearer to the station than Club-row, nearer Anchor-street—the stones were then coming very furiously from the mob—some of them struck me—Crockett threw a stone which struck me on the back—I received orders from Law to take Prickett, as he had assaulted him—he went quietly to the station—Swallow took Crockett; he went quietly—Smith, G 95, went with me—when I saw the prisoner Smith he was walking quietly between the two constables—they were both bleeding.
COURT. Q. You went up after Willmot? A. Yes, about twelve o'clock—it was about ten minutes or a quarter of an hour from the time I went up to the time I got to the station—I do not know the locality. Prickett. Q. Did you ever see me before? A. No.
COURT to MALLARD INGRAM. Q. How far is it from where you met Smith to the station? A. A little more than a quarter of a mile.
THOMAS SMITH (Policeman, G. 95). On the 31st October, about twelve o'clock, from something that was told me, I ran into Club-row—there was a great crowd—the prisoner Smith was being led between two constables—No. 69, D, told me to take Prickett—I told him he must come to the station—he said, "I know nothing about it, I have only just come up"—he went quietly—the mob were halloaing, yelling; and throwing stones—Prickett put his right hand out and said, "My hand is clean, I have done nothing."
Prickett. Q. did not the constable say," Take that long fellow over there?" A. he said, "That tall one."
WILLIAM SWALLOW (Policeman, A 658). I went to the assistance of my brother constables, and joined them at the Anchor-street end of Club-row—there was a very great mob of bird-fanciers, and others, several of them were throwing bricks and stones, and there was a very great disturbance—I saw a stone strike Allingham on the back—I took Crockett into custody, and a stone dropped between his legs as I took him—he went quietly to the station.
JOHN THOMAS HAYER . I am a carman, of 42, Edward-street, Stepney—on 31st of October I was in Church-street, near Club-row, between twelve and one o'clock—I saw the mob, and Smith, who fell down or slipped down, I can't say which, near an oil shop—there was a constable with him, whose face was streaming with blood—it appeared as if Smith would not go with the policeman—there were a great many people about, throwing stones, bricks, and sticks at the police—I did not hear them calling out—I saw Prickett throwing several stones—I communicated with the police, and kept my eye on the parties who were heaving stones—I did not go for assistance.
Cross-examined. Q. Had you a cart with you? A. Yes; the mob attracted my attention—a small portion of them were between me and Smith—there might be more or less than twenty—I did not see Smith hit—Smith either fell or slipped down—it seemed to be wilful.
Prickett. Q. How many stones did you see me throw? A. Several—I did not tell the Magistrate you threw one stone; I said several—I pointed you out to the policeman—I did not tell the policeman that they were murdering this man—he did not fall at the apple-stall, but more towards the shop-door.
HENRY TURNEY . I am a gun-maker, of 11, Jamaica-terrace, West India Road—I was at the corner of Brick-lane; saw a disturbance in Church-street, and went up—the policeman was defending himself with his staff—he appeared in a little stupor—the mob closed round them suddenly, and I saw no more for about five minutes—there were two policemen—they were then defending themselves with their staves, and chopping with them, striking downwards—the mob were very determined—they were driving and pushing, I never saw such an uproar—I saw nothing thrown—the constable bled very much; it was sickening to look at him.
Cross-examined. Q. Were both constables defending themselves with their staves! A. Yes; I cannot say what they were hitting, I was behind the people.
Prickett. Q. Did you see me there? A. No.
JAMES COWLEY (Policeman, G 150), I was assaulted on the Sunday, by the prisoner Smith—I knew Prickett by sight, and Smith—I have seen them frequently together at two beer-shops in Old Nichol-street—I do not know where Prickett lives—I never saw Crockett before.
Cross-examined. Q. Were you examined yesterday? A. Yes, I believe I was the only witness who spoke to Smith.
Q. Did you hear an alibi proved by three witnesses? A. I believe it was not proved.
CHARLES GEE (Police-sergeant, H 14). I was on duty at the station when the prisoners were brought there—prickett gave me his address—he lives half a mile away—I knew him before, not as a companion of Smith, but as a companion of thieves—I have seen him at the "Garibaldi"—Crockett lives in Shoreditch, close by.
Cross-examined. Q. Were you instructing Mr. Beard at the police court? A. I certainly spoke to him—I was not helping the attorney—I gave him some directions and suggestions.
MR. POLAND. Q. Was Mr. Beard then acting for the police,? A. Yes.
GEORGE BAXTER PHILLIPS . I am a surgeon, of 2, Spital-square—I examined Ingram's head on this Tuesday, and found a contused, punctured wound towards the front of the side of the head, and another contusion at the top of his head, from which wound he was bleeding freely—the one on the top of the back of the head could be produced by a blow of a staff—the punctured wound might have been produced by a stone—he was under my care for some time, and was confined to his house for a week from the effects of the wounds—he will be able to return to duty in a day or two, but is on the sick list still—the wounds have healed very nicely, but all wounds of the head are in a degree dangerous, because erysipelas is always to be apprehended—I examined the prisoner Smith—he had a great many wounds about his head, two or three on his temple, and others about the top of his head—they were of a serious character—they were bleeding freely—I dressed them, and found
dirt round the principal wounds—I think some of them might have been produced by a policeman's truncheon, or some such weapon or stick; half a dozen of them perhaps—the small serious wounds at the back of his head, which had dirt on them, and in them, I consider could not have been produced by a truncheon—they were produced by something that would penetrate beneath the scalp—some of the principal wounds might have been produced by his struggling on the ground—the edge of the pavement or the edge of a cart-wheel would be a very likely thing to do it—he had two black eyes, one was recent and one was not—I have not seen him since—I saw the other two men at the station.
Cross-examined. Q. Are you the divisional surgeon? A. Yes—I have no doubt there were eleven wounds on Smith's head, but I cannot speak positively—I should say there were not more—I think a kick might have inflicted the wounds at the back of his head—there was a good deal of contusion on his forehead, and it is impossible for me to say whether that arose from one blow or two—he was very weak from loss of blood—I ordered him brandy, and Ingram as well—Ingram had three wounds in front of his head, he was very seriously ill, and it was not safe to let him go on duty—Smith's wounds were certainly much more serious than Ingram's, to external appearance.
MR. POLAND. Q. Were some of the eleven wounds very small? A. Yes.
The following witnesses were called for Smith.
THOMAS HALL . I am a cab proprietor, of 25, Bethnal-green-road—on Tuesday, 31st October, about twenty minutes to 12, I was coming up Church-street with my cab—I know the time, because I had taken a job at half-past 11, and was going towards Shoreditch—when I got right opposite Cross-street, I was stopped by a waggon—I should not know the driver of it if I saw him—I saw two policemen in the act of taking a man by the collar, one on each side—my attention was attracted because they took the man suddenly—he had an umbrella in his hand, and it seemed to me, a small parcel under his arm—I was not more than forty yards from him—it is a very short street—he seemed to pull himself sharply round—the two officers then took out their staves, and when he pulled himself round, they hit him a crack on the head—both of them did so—his hat fell off before the blow, by his drawing himself back—he seemed to me to wince out of the way, and the more he cringed the more they hit him on the head, and the back, and the shoulders, and everywhere, but chiefly about the head—they endeavoured to drag him towards Church-street, towards my cab—nobody interfered—some women screamed out and ran, but I do not think there were two people in the street—they gradually got to the corner of Cross-street, right against my cab window—I could have touched either of them if I had been disposed—Smith was protecting himself, and they were still beating him with their staves—I should think he got twenty blows before he got to my cab—he was bleeding from the head—there is a butcher's shop the second door from the corner of Cross-street—he appeared there to get one of the staves from the policeman, but almost at the same moment, the other policeman hit him on the top of his head, and then I made the best of my way away, as the crowd was coming in the direction from Church-street more than the other way—I had two passengers in my cab, Mrs. Short and her son, who is an invalid—they were going to the hospital—I take the gentleman once a week, on Tuesday: I believe he has got a diseased heart—Smith was not assaulting the constables when they took him
in charge—the constables were not on the ground when I saw the beginning of it—they were all up—I did not see the constable hit by a stick—there was nobody there—they were both together at the top of Cross-street.
Cross-examined by MR. POLAND. Q. Have you told us all you saw of it? A. Yes—Cross-street runs right and left—I think they were on my left, on my off-side—I was nearer to the other side of Church-street—I was almost in the centre of the road, it is very narrow—there is not room for two to pass—I left the waggon there—I went down a turning on the left—I did not pass by it—I think it is called Cross-street, or Anchor-street—I could not get by because there was a waggon in front, and one on the opposite side—Smith did not use the truncheon when he took it from the constable—he had no opportunity; he was immediately knocked down by the other constable—I should not like to say that Smith did not strike the constable a tremendous blow on the head with the staff, or whether the staff in wrenching it struck him—I do not say now that it struck him, but one staff may have fallen at the same time as the other did.
COURT. Q. You said "Smith did not use the truncheon when he took it, he had no opportunity; he might have struck him; he had no time; the officer might have got struck in wresting it from him; he may have struck him; he might have struck him, I cannot say; both staves may have fallen at the same time?" A. Yes.
MR. POLAND. Q. You were examined before the Magistrate? A. Yes, this is my signature to my deposition as far as I know—(This being read, stated: "Smith got the staff and hit him on the head with it")—I might have said that—I said he got the staff, and it might have been understood that I said so, but if it was so, the two staves came in quick succession—I should not like to swear whether Smith struck him or not—I do not think I told the police Magistrate that I saw Smith, after he took the constable's staff, strike the constable on the head.
COURT. Q. Your deposition says, "Hit him over the head with it," and you said "I may have said it;" now you say, "I do not believe I did say it?" A. Yes—as he received the blow he fell, and the policeman fell on top of him, what took place afterwards I cannot say; it was very rapid.
MR. POLAND. Q. Was the constable covered with blood? A. Nothing like the man, but I saw some blood on the side of his face, though I will not be positive how he got it—I think he got it by knocking against the man, for the man was very bloody—his head was cut frightfully—they are all strangers to me, I do not know one more than the other; I come here on public grounds—the constable was not covered with blood—there certainly appeared to be blood on the side of his face, but there was no mistake about the prisoner—there is no mistake about there being blood on the constable, but there was some cause for blood on the prisoner—I did not hear a cry of "Rouse"—I did not see Prickett there, Smith is the man they had taken in custody—I did not see Prickett knock a policeman down with a stick or anybody else—no brickbats were thrown; it would be a clever person to find a brick in that street—it is a clean little street, you may pass it twenty times in a day and not see a person in it, or any stones—the constable had not got hold of Smith when I first saw them—they were just in the act of putting their hands on him—there was no blood on him then—I never got off my box; I was too good a judge, but after I put my hone away, I went to ask if the man was dead that was knocked down, for I thought he was dead—the constables had not their staves out when I first saw them, but directly they put their hands on Smith he pulled himself
together, and then they took out their staves and began striking him one after the other, blow after blow—Smith gave no provocation; he only just turned a little way.
COURT. Q. Was be trying to get away? A. Not till they collared him—when they collared him he struggled, whether to get away or take care of his head, I cannot say—he gave no provocation whatever, and the constables were hammering at him right and left, one after the other—I saw no mob at the time the man was collared, but there was plenty of mob at the time I turned away.
MR. DALY. Q. Had you an invalid in your cab? A. Yes, a lady and her son—the lady became frightened, she screamed out and begged me to go on, but I could not.
ELIZABETH SHORT . I live at 47, Bethnal-green-road—on 31st October, I was in Hall's cab, going to the hospital with my son—the cab was stobbed by a waggon at the corner of Cross-street—there was a cart on the other side—I saw two policemen some distance down the street—they had a man between them that had a very small parcel under his arm—they had it dreadful fight—the two policemen be at him at once—I do not know the man—he was not fighting with the two constables, because a policeman who had him by the collar with his right hand, beat him on the front of his head with his left, and the other policeman, the tallest one, beat him on the back of his head rapidly with his staff, but did not lay hold of him—in the five minutes the cab was detained I should think they struck him ten or twelve times, but I begged the driver to turn the cab, so that I should not see it—they came towards the cab—I could not say whether the prisoner fell or whether they pushed him down, but he" was down on the ground by the grocer's—there was a window broken—they dragged him into the middle of the road, and then he appeared to get foot-hold—he was close against the cab, I could have touched his head—he got up, and the shortest policeman dragged him towards the pavement again, and the tall policeman put up his arm and staff with great violence, I bid my face in my handkerchief and heard a blow—the people shrieked most violently, and the man halloaed as if in pain—there were many people there; they came up against the cab when he got a foothold, he had a wound on his head an inch and a half or two inches long—there was a butcher's shop near—I did not hear what the people shrieked out, but the prisoner screamed out from the treatment he was receiving—I saw blood on him.
Cross-examined. Q. On which side of the cab were you sitting? A. On the right side—I could have touched his head—the people were thirty or forty yards up Cross-street when I first saw them, the two constables had their staves out then, the shortest man was striking Smith before the other pulled out his staff—when one took out his staff, the other took his out instantly—I should not know the man again, or the constables I was too frightened to take notice—I did not see the man wrench the staff out of the constables hand, or strike the constable at all—I do not know what provocation they had for taking him—when they took him, he was twisting himself as anybody would to get away—I saw no blood on the constable, and I do not believe there was any; but there was mud and blood both on the prisoner's head—I saw nothing of Prickett—there was no other person in Cross-street, either male or female—I heard nobody call out "Rouse"—I was nearly at the other end of the street—they might be twelve or fourteen yards from me, against a great gate.
MR. DALY. Q. When they got to the butcher's shop, did you put your
handkerchief to your eyes? A. No, not then, they dragged him to the cab before I covered my eyes.
GEORGE CHILCOT . I am a butcher, of 19, Church-street, Shoreditch, two doors from the Church-street end of Cross-street—Cross-street has only four houses on each side—it is only about twice the length of this Court from Church-street to Old Nichol-street—on Tuesday morning, 31st October, I was in front of my shop—I have a place there where I stand outside—I saw some people running towards Cross-street from each side of the way—I saw a man struggling with two officers, and as they came to the front of my shop he fell to the ground, and while he was on the ground the two officers repeatedly struck him, one on the head and the other on the lower parts of the body—I went to them and said, "For God's sake, do not murder the man, secure him, or call for further help"—the tallest officer flourished his staff over the prisoner and said, "Get out of the way"—the policeman's back was towards me—the man was all over blood and mud—by appearance he had been rolling in the mud, and his head was bleeding in more than one place—I did not take much notice whether the constables were calm and collected, because when I had told them not to murder the man, I went into my shop—the man had regained his feet, and the people had gathered round him—the constables were taking it very quietly, but they seemed very much to aim at knocking the man about, they were not more excited than other people would be under such circumstances—the man got on his feet—I left my shop, went to the corner of Club-row, and saw him on the ground, and three or four females round him—to the best of my belief they were trying to get his watch from him—the policeman told them to get away—the man asked for a drink of water, and the women all rushed away directly to get the water—as he turned round to ask for the water, the short policeman hit him on the head with his staff, and he fell senseless—he was standing before that, leaning against the policeman—the people all screamed out, "They have murdered him," and I felt so sick I was obliged to turn away—I cannot say how many blows were struck.
Cross-examined. Q. Is your shop six or seven yards from the corner of Cross-street, on the same side of the way? A. Yes—when I saw some people running, the constables and the man had not come round the corner—I looked towards Cross-street, they had not come out of Cross-street—I do not know what made the first people run—I heard no cry of "rouse"—when I looked towards Cross-street I saw the man struggling with the two policemen, just coming round the corner by the grocer's window—I did not see what took place in Cross-street—there was no blood on the constables when I first saw them, there was when I went to Club-row—I heard that it came from the man striking them, but I did not see it—I did not see the man strike any blows—I saw a piece of wood thrown at the corner of Club-row, and one stone, which hit one of the constables—there was a very disorderly mob at the corner of Club-row—the women were shouting, and some cheering, and some hooting; you could hardly imagine what it was.
Q. Did you say before the Magistrate "As the constable was coming round the corner with the man, I saw the constable was bleeding from his forehead?" A. No—that is not correct—when the man came round the corner of Cross-street, and the policeman were struggling with him, the policeman were not bleeding.
COURT. Q. Then you did not say "I saw the constable was bleeding
from his forehead, a mob was following him?" A. No—after I gave my evidence, a gentleman got up and asked me if I saw the constable bleeding, and I said, "Yes;" the question was put to me, "Could you see what transpired in Cross-street?" and I said, "No;" the question was put, "Could you see that the constable was bleeding from his forehead?" and I said, "Yes," but I did not say, "As he came round the corner"—it was called out by the mob that the man had used the truncheon, and struck the constable.
MR. POLAND. Q. What became of your man? A. He went to the corner of Cross-street—I cannot tell you his name—the constables were as calm as you might expect two officers to be in such an affair, but everybody round was excited—we were all excited—they were tolerably cool considering the bother they were in—there were more than eight or ten people when I looked towards Cross-street and saw them coming round—even now I do not recognise Smith as one of the men, because I did not see enough of him, but I recognise the constables.
MR. DALY. Q. What induced you to come forward? A. I read it in the papers.
GEORGE NICHOLLS . I am a coffehouse-keeper, of 177, Church-street—on 31st October, about 12 at noon, I heard a wonderful noise in the street, and screaming—I went out, and first saw a policeman's staff up, in the act of using it on the head and shoulders of a short man—to the best of my recollection he used it on him from six to eight times, and then another policeman came round on the left side of him, whose head was bleeding—he used his staff once or twice, or it might have been three times, on the man's head and shoulders—the man twisted round and very nearly fell against the butcher's shop—he slewed again, went on his hands and knees, scrambled under a cart, and that was all I saw of him—when he was scrambling under the cart I saw the staves going up and down a little—I saw blood on the man, and mud too—I should think I did hear some blows.
Cross-examined. Q. You saw nothing of the transaction in Cross-street? A. No—I only live one door from Cross-street, but on the other side of the way—the first I saw was in Church-street—I did not see the man do anything to the constable—there was blood on the second constable—I do not know how it came there.
JAMES PENFOLD . I am a plumber, of 27, Philip-street, Kingsland-road—on 31st October, about ten minutes or a quarter to 12, I was at Mr. Jordan's the glass-cutters, 21, Church-street—I heard a screaming, went out of the shop, stood at the door, and saw two policemen come from Cross-street with a man between them—I can't say whether it was Smith, because his face was all over blood—he pulled the staff out of the policeman's hand and struck the policeman on the side of his temple—I was twelve or thirteen yards from them—the policeman on the right-hand side, 669 A. turned round and struck the man on the shoulder twice, and then he struck him again and knocked him down—this is the man (Law)—I could not see whether he had hold of the man, but I saw him raise his staff several times, and heard blows—I believe the man was pulled up—he was bleeding all over, and the policeman was bleeding—they got a little way down, and the man slipped down—I was raised above the crowd, on the step, but could not see him when he was down—they came across the road towards where I was—I did not see the policeman who was struck strike him, as a man pulled up with a cart and a grey horse—I said "The horse will trample on the man" but he did not move, and the man crawled under its belly—as
soon as he was at the other side, the policeman struck him on the head—I heard the people say, "Do not strike the man any more, if you want any help we will take him," but he said, "Stand back"—he held up his staff and if they had gone to assist him I take it he would have struck them—I saw the staff going, but I did not go from the door till they had been at Club-row some few minutes—I watched the crowd some minutes, and saw the staff descending—all that I could see the man struggling, was to get away from the blows—I do not think he tried to get away from the policemen—he had blows enough to kill ten men, but I suppose his time was not come.
Cross-examined. Q. What first attracted your attention? A. A screaming in the street—I did not go into Church-street, I stood at the door of 21, Church-street, that is on the left-hand side going from Shoreditch—it is on the same side as Cross-street, the fourth house from it—Cross-street is nearer Shoreditch than No. 21—I was beyond the butchers—the crowd were a little nearer to Mr. Jordan's than to the chair-maker's—I cannot say whether the constable was bleeding, but the prisoner was—I saw no blood till after he got up—the man took the staff from the constable's hand and struck the first blow—that was the first blow that I saw struck—they both went down, and I suppose they went to the ground—when they got up they were both bleeding—the policeman was bleeding on the left-hand side—I did not see any stones thrown—I do not know that there was a roughish mob—the people were very friendly to the police, and offered to assist them—when I saw them get up bleeding it was opposite the chair-maker's shop, in Church-street, three or four yards from the corner of Cross-street.
GEORGE HOPKINSON . I am a saw-maker of 16 1/2, Church-street—on 31st October, about 12 o'clock, I heard a lot of females screaming—I went out and saw two policemen struggling with Smith—they were both hitting him with a truncheon, chiefly on the head—after seeing several blows struck, I said, "For God's sake do not ill-use the man any more; if you want assistance I will assist you, and plenty of the neighbours will do the same"—he lifted up his arm with the staff, and said, "Stand back," and accordingly I drew back—when he had his staff up, he brought it down on the prisoner's head—that was Law—when they got opposite the butcher's shop I saw the man fall down, or knocked down—he was lying on the pavement, and appeared quite insensible—whilst he was on the ground the police were knocking him about the head, legs, and body, with their staves—he made an effort and got up on his hands and knees, and crawled under a vehicle in the road—but he first crawled under the belly of a white horse and they dragged him out and hit him again—I did not notice whether either of them went round and hit him on the other side of the horse—he got under another cart after that, and in Club How he put his head under an apple stall—the police withdrew his head, and one of the A division dragged him out and struck him on the head—that was Law—the blood flew in all directions—the sight turned me sick, and I was obliged to walk away—the shortest constable of the two (Ingram) was bleeding from the head.
Cross-examined. Q. Where was that? A. Just past the corner of Cross-street—I do not know how they wounded him—I did not see Smith strike any blow—I saw nothing take place in Cross-street—they were chiefly women at the corner of Cross-street but there were some men as well—they were getting pretty close to the constables—I saw no pieces of wood or stick thrown at the police at the corner of Club-row—those were the two constables that I saw—I do not know the other prisoners.
GEORGE LEE . I am managing clerk to an attorney, at 10, Bucklersbury—on Tuesday, 31st October, at 1/4 to 12, I was on an omnibus, and heard a great shouting and noise—I saw two policemen with Smith in custody—he was bleeding from all parts of his head, and had hold of the shafts of a cart—both policemen commenced beating him over the head and arms for a few seconds, and made him leave go, and he half fell away—he was in his shirtsleeves—he was covered with mud and blood—they then commenced hitting him over the head, and continued to do so until he appeared almost insensible to me—the mob called out "Shame," and urged them to desist, but it had no effect—after I had seen about eight blows struck, one policeman turned round, took deliberate aim at the back of his head, hit him a fearful blow, and he reeled about like a drunken man—within another second the other policeman took another position by raising himself up and hit him another blow on top of his head—the prisoner fell, and I thought he was dead—the omnibus was stopping: there was a block, and when it went on I saw no more—the crowd were not using any violence to the police, but they were crying "Shame"—there were a great many women—it is a very narrow place, and not a very great number could see it, but I was elevated—there were 180 in the mob, they cried out "Shame," for it looked as if the police meant to kill him—I saw no necessity for violence.
Cross-examined. Q. Did you see this from the corner of Club-row. A. Yes—Cross-street is further on, about thirty yards from there, they are on opposite sides of the road—the policemen and the man and the mob were on the side of Church-street where Club-row is—I did not see them cross the road—one of the policemen was bleeding from a wound on the temple—I have not told you that because I was not asked—I do not know how that wound was done—Smith had no chance of doing anything—no stones were thrown while I was there—when I saw Smith first his coat was either off or torn to pieces; I saw his shirt-sleeves—nothing was thrown while I was there.
MR. STRAIGHT. Q. I believe you have not been applied to to give evidence? A. No, it was my own wish though at very great inconvenience—I saw the case in a newspaper and called on Mr. Wontner.
COURT. Q. Was it obvious that the prisoner was bleeding? A. Yes—I believe the police meant to kill the man; they tried to do it—he was struggling, but whether to get away from them or to avoid the blows, I cannot say—the beating was unnecessarily violent, most undoubtedly.
MR. POLAND. Have you been in Court the whole time? A. No; I was sent for, and have only been here ten minutes.
Pricketts defence. The first I saw was at the corner of Club-row. I saw them murdering the man, and said, "Why do not you let the man alone? what do you want to murder him like that for?" He held up his staff, and said, "Stand back" I said, "Why do not you put him in a cab and take him properly?" He said, in a rough manner, "Will you help us to take him?" as much as to say, What is that to do with you? While I was looking at the shameful manner in which they were dragging him along four more policemen came up. I should not have stopped if I had done anything, but Law said, "Take that long fellow; he has thrown a piece of stick at me;" it was about twice the length of a piece of firewood, and would not have weighed an ounce. I did not throw it, but I saw it hit him. I said, "I look as if I had been throwing things, don't I?" I have a brother-in-law a constable, and I knew what I should get if I resisted them. Smith's head was cut about shamefully, and everybody said, "You
wretches, you are murdering him." I said, "I will let the Magistrates know how he is knocked about." And Law said, "Yes; when you get there you will not have a word to say for yourself. When I got to the station, he said that I had struck him over the head with a stick. I said, "What sort of a stick?" He said, "A short walking stick." It is all false, they try to make out that I am a companion of thieves, but I work hard for my living and can prove it. I could not stand seeing the man knocked about like that and could not help speaking. I do not associate with any body about there, I have been in prison a fortnight, and they have had too much time to hatch up their lies. When they got me to the station they thought I was a man named Long Hunt, a hawker, and they accused me of being a hawker, they now want to patch up their case by saying they know me to be the companion of this man, which is false.
(Prickett received a good character.)
GUILTY of resisting the police in execution of their duty.
SMITH confined Eighteen Months.
PRICKETT confined Nine Months.
CROCKETT confined Four Months.
THIRD COURT.—Friday, November 25th, 1865.
Before Robert Malcolm Kerry Esq.
MR. COOPER conducted the Prosecution.
The prisoner being a foreigner the evidence was interpreted.
JOSEPH MARRIOTT (Policeman, H 174). At 11 o'clock, on 31st October, the prisoner and thirty other sailors were outside the German Flag public-house in St. George's-street quarrelling—I told them to go away—the prisoner would not; he was drunk—I took hold of him and he struck me with his fist, and then drew a knife, opened it, and struck at my face with it—I struck his arm aside, and caught him by the collar—the sailors dragged us both into the house—another constable came to my assistance, and we took him to the station.
Prisoner's Defence (interpreted). I was in the public-house with my ship-mates; a man came into the house with his shipmates, and asked us to give him a glass of ale; my mates would not do so, and then we began quarrelling. The man followed us when we came out. There were eight or nine men outside the door; when I came out they flew at me and struck me; they knocked him and made a hole in his head, then he got up and took a knife out of his pocket; his shipmates came and dragged me out of the public-house; then the policeman came up and took me.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
Confined Twelve Months.
Before Robert Malcolm Kerr, Esq.
MR. SLEIGH conducted the Prosecution,MR. MONTAGU WILLIAMS defended Hewitson.
JOSEPH HABDING . I am a builder of Perry-hill, Sydenham—I have built a lecture-hall there, but it is now used as a temporary chapel—I have seen a chair, a table, and clock, outside the front—they are all my property—the Two Brewer's public-house is about 250 yards from the chapel.
Cross-examined. Q. Were you there all day? A. I was in and out all day—there were several brickmakers there, and the prisoners were with them—Chaplin is a brickmaker—they had been drinking all day—it was a sort of brickmaker's festival.
THOMAS MCWILLIAMS . I live at 1, Ann's Villas, near Forest-hill—I con-duct the religious services at Perry-hill chapel—on the evening of 4th October I fastened the door myself, and I believe the windows were all shut, but I did not see to them—I left the chapel about 9 o'clock.
GEORGE AMER . I live at Perry-hill—on the night of 4th October, about 10 o'clock, I was passing through Stoney-lane—a horse and cart was standing near the chapel, in a sort of bye-road leading out of the main road—they were not as close to the chapel as they could be driven—I saw two men there, and asked them what they were doing—they said they were "drawing off"—this plan (produced) is correct.
Cross-examined. Q. All that you saw was a horse and cart, and two men in a lane? A. Yes—the chapel faces the main road, and there is a blind lane by the side of the field which the chapel stands in—they might have been quite close to the chapel, if they had chosen, in the high road.
JANE COLE . I attended this Meeting House on the night of 4th October—I went there again next morning between 8 and 9 o'clock—I found one of the windows broken—a clock had been taken from the mantelpiece in the vestry, and four chairs, a table, and a looking-glass had also been taken.
DENNIS MCELLIOT (Policeman, R 160). I know Chaplin—he lives in Brockley-lane, Deptford—on the night of 4th October I was passing by his door about 11 o'clock—a horse and cart was standing there—Hewitson was in the cart handing Chaplin two chairs, who took them to his door and Some one said, "Close the door," and the door was closed—I passed on and returned in about ten minutes, but the horse and cart and the prisoners were gone.
Cross-examined. Q. Was it a moonlight night? A. Yes—I did not see whether the name of Hewitson was on the cart—he spoke to me, and from the manner in which he spoke, I should think he was perfectly sober.
DECIMUS BRAND . I am a cabinetmaker and deafer in furniture at 23, Robinson's-row, Kingsland—on 19th October I delivered to Inspector Langdon some household furniture which I had bought of the prisoner Hewitson about a week before—I am not quite sure as to the date—I had them on the Monday, and, I think, Hewitson came to me on the Thursday
previous—he told me that a "Brickey" had broken up his home, and that he had got some of the things to sell—I went to his house in Back-road, Kingsland, and saw them—I offered him a price for them he said he would let mo know whether I should have them or not—I ultimately had them for 28s., and gave him 2s. for himself—he is a van proprietor—I knew him, because he had worked for me before.
JOHN THOMAS FOX (Policeman, R 120). I took Chaplin, on 18th October, at his house in Brookley-lane, Deptford—I told him it was for robbing Perry-hill chapel on the 4th—he said, "Upon what ground?"—another constable, who was with me, said, "You were seen in the neighbourhood of the chapel on that night, and you were also seen passing some things from a cart into your house on that night that answered the description of those stolen from the chapel"—he made no reply—I took him to the Black heath-road station, and, as we were going, he called to his wife and said, "Go and tell old mother Clay about her chairs"—on the same evening I apprehended Hewitson close to his house in the Back-road, Kingsland—I told him I should take him into custody for being concerned with Robert Chaplin in breaking into Perry-hill chapel, and stealing some furniture on the night of 4th October—he said, "I was not there that day, but I was there the Sunday following"—as I was taking him to the station, he said, "I was there on the Wednesday, driving some 'brickies' out."
Chaplin. My wife bought that table cover.
There was another indictment against Chaplin.
NOT GUILTY .
MR. HOUSTON conducted the Prosecution, and MR. COLLINS defended Pym.
JOSIAH TURNER (Policeman, R, 237). On Saturday evening, 18th November, about half-past 5, I was on duty in King Street, Deptford, and saw Willborn enter a shop—I followed him, he addressed Pym who was in the shop and asked her if she had got that hoop ready for him—she said, no, it was not ready—she then turned round to go away—I went up to her and said "Mrs. Pym what have you got there?" she turned round and produced 2 of these castings out of her left hand—I then told her I should charge her with receiving them, knowing them to be stolen—she made no reply—I then said to Willborn "I shall charge you with stealing them,"—he said, "I found them,"—I took him down to the factory, which was a short distance off, searched him, and in the waistband of his trousers I found 2 other castings—he said he found those also.
Cross-examined. Q. Does Pym's husband keep this shop? A. Yes; it
is a marine store dealer's—Willborn had not been in the shop more than a second or two when I got in. I followed him directly—I saw his hand pass over and give something to Pym—when I got in she was standing at the end of the counter, close to Willborn—he had only handed them that very moment.
WILLIAM MORRIS . I am in the service of Messrs. Penn, the engineer's at Deptford—Willborn has been in their employment on and off, about 18 years—he was in their service on Saturday 18th November—these castings are the property of my employers—they are worth about 8s.—Willborn had access to all the shops in the factory.
Cross-examined. Q. When did you see those particular things safe? A. They were safe on Saturday—they were token up on Saturday to the man who fits them up.
JOSEPH TURNER (re-examined). There is a little parlour at the back of Pym's shop, the husband was not there—he has another shop I believe in New King-street—this is Old King street—I could see into the parlour, bat I could not see any one—I cannot say that there was no one there—I asked for the husband at the time, and Pym said she had sent for him, he was at the other shop.
PYM— NOT GUILTY .
WILLBORN— GUILTY—Recommended to mercy by the Jury on account of his age. — Confined Twelve Months.
58. SARAH LEE (30), GEORGE BULLING (21), WILLIAM ALLEN (37), JANE MATTHEWS (21), and ELIZABETH WEST (22) , Stealing 1 watch, 1 chain, a seal, a key, and 1l. 16s. the property of Edward Joseph Whatmore in the dwelling house of the said William Allen.
MR. HOUSTON conducted the Prosecution.
EDWARD JOSEPH WHATSMORB . I live at 26, Clarges-street, Piccadilly, and am an engineer—on the morning of 14th November, between 12 and 1, I was in High Street, Woolwioh—I met the prisoner West, went home with her and remained somewhere about an hour and a half—I then saw a light in the room, and saw the other prisoners rifling ray clothes—they were all there but I could not say which it was who took my things—I saw the two men and Matthews—I got up, dressed myself, and got out of the house—I gave a description of the prisoners to a policeman, and he took them—I had about 1l. 16s., a watch, a chain, a key, and a seal in my pockets when I went to bed: I can swear that—I this glove is my property—I have the fellow one—this is my watch and chain (produced) one of the policemen found it—I did not give it to any of the females.
West. I don't know any thing about the watch.
COURT. Q. Did you give her money? A. Yes; I don't recollect how much—I had been drinking a little.
Matthews. I met that gentleman and took him to my house—he said, "I have no money, I will leave my watch till the morning," which he did, and I took it up to Sarah Lee's place.
Bulling. I never saw the gentleman.
Lee. Jane Matthews knocked at my door and brought the watch in, and asked me to take care of it till the gentleman came and fetched it in the morning.
COURT. Q. is that a brothel? A. Yes; I went to No. 1, and found Matthews and West there—that is another brothel, they have existed these last three
years—they have never been indicted—there are about 26 houses there, all brothels.
MR. HOUSTON. Q. Did the prosecutor say anything? A. He pointed Matthews and West out as robbing him of his watch and chain and money—they said they knew nothing of it—I took them to the station—on West was found 1l. in gold, and 10s. 4d. in silver, and 1 1/2 d. in copper—there was only a half-penny and a key on Matthews—the prosecutor had been drinking, but he knew perfectly well what he was about.
JAMES BEER (Policeman, R 95). On the morning of 14th, about half-past 1—I went to Punchbowl-alley and saw Bulling and Allen in the alley—I remained there a quarter of an hour and then went to No. 2, and found this glove, which the prosecutor identified—the house was empty and padlocked outside—I then went to No. 1, and saw Matthews and West—they were charged, and Matthews stated that she first saw the prosecutor in Church Street, and that he went home with West, but at that time he had no watch or guard on him—I have frequently seen Allen and Bulling together.
CHARLES PICKLES (Policeman, R 89). From information I received on the morning of 14th, I went to Bulling's house—it is a little cottage at the back of 60, Warwick-street—it is generally called Martyr's-passage, but the people there call it Punchbowl-alley—I received information that a sailor had been robbed of his jacket—I went to Bulling's about half-past 5—I knocked at the door—Lee answered it—she said, "Who's there?"—I said, "It is the police; open the door"—I heard a whispering inside, and then the door was opened—I said, "How about that sailor's jacket you have got?"—Lee said, "It is up stairs, Mr. Pickles"—I went up, and at the foot of the bed I saw the sailor's jacket—I then said, "You have got a watch and gold guard too, turn it up"—Lee turned to Bulling, who was in bed, and said, "I told you we should get into it"—Bulling raised himself up in the bed, and Lee lifted up the bed and took from underneath this watch and guard—I said, "Where did you get that from?"—Lee said, "Jane Matthews brought it to me to take care of"—I then took them both into custody—at half-past 2 the same day I was outside the police-court, and the prosecutor pointed Allen out to me as one of the men who assisted to rob him, and gave him into my custody—Alien turned round, put his hands up, and said, "Why, man, you don't know what you are talking about"—the prosecutor stated he was positive he was the man—and I took him to the station.
The prisoner's statements before the Magistrate:—Lee says, "I was in bed—Jane Matthews came and knocked at my door, and said she wanted to speak to me—I came down stairs, and she gave me the watch to take care of for a gentleman who had no money—I took it upstairs, and put it between the bed and the mattress"—Bulling says, "I was not there—I was at home when Matthews brought me the watch, and said that a gentleman had left it with her because he had no money"—Allen says, "I was not in the place at the time the watch was lost, but I came there an hour and a half afterwards"—Matthews says, "He gave me the watch to stay with him all night, and I took it up to Sarah Lee to take care of for me"—West says, "I deny asking anything from him—he gave me the money to go to bed with him, and I went to bed with him—there was a quarrel outside, and he got up and went out—it was in a down-stairs room where we slept."
NOT GUILTY .
Before Mr. Common Serjeant.
MR. WILL conducted the Prosecution, and MR. HOUSTON the Defence.
WILLIAM ROBERT GATTEY . I am a butcher in Lewisham-road, Greenwich—my slaughter-house and stables are in King-street, 300 or 400 yards from my house—Martin was in my service five or six weeks—he was supposed to be the first up in the morning—he boarded and lodged with us, and he had to go to the stables to look after the hones and to do other work throughout the day—I know Bowen—she lives in a house adjoining my slaughter-house at the back—Martin had no authority to take meat out of my shop to the stables, nor any occasion to do so—he had access to my shop—he want through it every morning—Bowen had been there occasionally to buy meat—I had no other servant besides Martin who had any duty to perform in the stables.
ELLIN CHAPLIN . I am the wife of Henry Chaplin, of 7, King-street, Blackheath-hill, about twenty yards from the prosecutor's stables, opposite—from my window I can see the stables—on Saturday, 14th October, about half-past 2, I was at my back window, and saw two pieces of meat pass through a grating in the wall of Mr. Gattey's stables—the prisoner Bowen received them—I could not see who was inside the stables—she took the meat indoors to her own house—it was a piece of mutton and a piece of beef—I cannot see the stable door, only the grating.
Cross-examined. Q. What was the distance from where you were to the grating? A. Between twenty and thirty yards, I should thick—I had never seen Mrs. Bowen then before—it is ten or twelve yards from her house to the grating—it must be 300 or 400 yards further from her house to the butcher's shop.
EMMA WORSDELL . I am single, and live at 12, Albert-terrace, King-street, Blackheath-hill—the house looks into the prosecutor's stables it stands at the back—there is a garden between—on Saturday, 14th October, about half-past 2, I was in the garden shaking a mat, and saw two pieces of meat come through the grating—Mrs. Bowen received them—I did not see who handed them to her—I heard Martin say, "Will you fry this for me," and she took it indoors—I don't know that she saw me at that time.
AUGUSTA NORMAN . I am married, but live separate from my husband—I am lodging with my mother at the last witness's house, which overlooks the prosecutor's stables—on Sunday, 15th October, I saw Martin go to Mrs. Bowen's house—there are some rabbit hutches near, and I saw him go to MR. Bowen, her husband, and stoop down, and Mr. Bowen put his thumb up and pointed to the house—Martin came into the house, and I saw him take a piece of meat from under his coat and give it to Mrs. Bowen—she is married—I was at the top of the stairs—she smiled and took the meat—about a week before that she told me that if I was not a fool, and kept my counsel, I could always have a good joint of meat—I told her I thought she was very foolish, and she had much better not do anything of the kind—on the Saturday she brought me a piece of meat that I saw come through the grating, and I told her then that if I saw anything more of it, I should go and tell Mr. Gattey—she called me foolish—she is the landlady of the house I live in—I lodge with her.
Cross-examined. Q. Are you aware whether the female prisoner cooks meat for Martin? A. I do not know—I have seen Martin at her house not taking food—I told her that she was a very foolish woman, and warned her—I stated that before the Magistrate, or something to that effect.
Martin. Q. Where were you when you saw me in the yard on the Sunday morning? A. At my window—there was no one else in the yard who saw you.
COURT. Q. Was anything said by Bowen about a sweetheart, A. Yes, she said she had a sweetheart, a butcher, one of Mr. Gattey's men, and ho was coming down to tea.
JOHN TUCKER (Policeman, R 183). I took Martin in charge on 1st November—I told him the charge—he said he knew nothing at all about it—I took Bowen, and told her what it was—she said, "I certainly did take a piece of meat from the grating to cook for Martin."
Martin's Defence. I am innocent of it.
MARTIN.— GUILTY .— Confined Four Month.
BOWEN.— GUILTY of Receiving. She received a good character. Confined Four Months.
MR. WILL conducted the Prosecution, and MR. HOUSTON the Defence.
ROBERT HAYNES MILLER . I am a plumber and glazier at 5, Ordnance-road, Lewisham-road—the prisoner was in my service about ten days—on Tuesday, 7th November, I missed a diamond from a drawer in my shop—it was a glazier's diamond, in a handle—I applied at a neighbouring pawnbroker's, MR. Nash's, and there found it—in consequence of what he said to me I brought the prisoner to him—MR. Nash said, in his presence and hearing, "This is the lad that pawned the diamond"—the prisoner said he was innocent, he did not know anything about it—I then gave him into custody—this is my diamond (produced)—it is worth one guinea.
Cross-examined. Q. Did Nash identify him at once without any hesitation? A. Yes, I have bad a lad named Dawson in my employment—I saw the diamond safe after he left, I am sure of that—in the drawer I have three other diamonds—one has a white handle; the other is a smaller one than this—it is the same coloured handle—I remarked that it was this particular diamond—I am sure of that—I saw it in the morning of the day that Dawson was dismissed, at twenty minutes to ten I should think—I was standing at the door—I dismissed him for not coming earlier; he ought to have been there at half-past 8, and he did not come till twenty minutes to 10—he did not enter the shop at all.
CHARLES NASH . I am a pawnbroker at 16 London-street, Greenwich—I produce a glazier's diamond, pawned on 7th November, I believe by the prisoner, in the name of Shepherd, for 6s.—I took it in myself—I have seen the lad Dawson—I do not think he was the person who pawned it.
Cross-examined. Q. Are you perfectly, sure? A. I would not swear to it.
JOHN BOWMAN (Policeman, R 78). I took the prisoner—I told him he was charged with stealing a diamond from Mr. Miller—he said he knew nothing at all about it; he had never seen the diamond—on the 15th Dawson came to me at the police-station—he is here to-day—he came with the prisoner's mother, and said, "I have come to give myself up for stealing the diamond from Mr. Miller's shop"—I said, "Are you quite sure of that," and he said "Yes"—I asked him what he had done with it, and he said, "I pawned it at Mr. Nosh's shop"—the sergeant sent me down to Mr. Nash's shop with Dawson—he still persisted in saying he took the diamond and pawned it. (The bill against Dawson was ignored.)
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. POLAND conducted the Prosecution.
CHARLES WM. LICHFIELD . I am ten years old next April—I live at Fountain-gardens, Lambeth-walk—on Wednesday, a few minutes before 2 o'clock, I saw the prisoner—he said that if I would get him a pennyworth of bread at Mr. Carless' shop, he would wait for me at the top of the street, and give me a halfpenny—he gave me a shilling, which I gave to Mrs. Carless—her son went out with me, and we saw the prisoner at the top of the street—he called to me, and when he saw there was somebody after me he ran round the corner and turned back again—MR. Carless' son ran after him and caught him, and he was given in custody.
Prisoner. A woman came and said to the boy, "Is not this him?" he said, "Yes," and I was given in charge. Witness. I have no doubt the prisoner is the boy—I had not seen him before.
HARRIETT CHARLES . I am the wife of Robert Carless, a baker, of 96, Lambeth-walk—last Wednesday fortnight Lichfield came in for a penny-worth of bread, and gave me a bad shilling—I told my son to go out with him, and he got hold of the prisoner—I followed, and found my son holding him—I said, "What did you send this boy with a bad shilling for," he said; "It was not me"—I gave him in custody with the shilling.
Prisoner. Your son came out in his shirt sleeves, but it was a man who crossed over to me. Witness. My son is not here—he had his coat on.
JAMES PAULL (Policeman, L 117). The prisoner was given into my custody last Wednesday with this shilling—I only found one penny on him—I asked the boy if the prisoner was the man, and he said he was quite certain he was.
MR. WEBSTER. This shilling is bad.
Prisoner's Defence. I work hard for my living—if I am the boy who gave him the bad shilling, I hope I may never move from here.
NOT GUILTY .
MESSRS POLAND and STRAIGHT conducted the prosecution,MR. WARNER SLEIGH the Defence.
SARAH ANN LUCAS . My husband keeps the Old Green Gate, Lambeth—towards the end of October the prisoners came there—Doe ordered a quartern of gin and cloves, and placed a crown on the counter—I gave her 4s. 7d. change—they drank and left together—I thought it was bad at the time, but my customers laughed at me for saying so—I afterwards found it was bad, and my husband threw it in the fire.
WILLIAM HAMMOND . I am landlord of the Black Prince, Princes-street, Lambeth, 400 yards or more from Mr. Lucas's—on 24th October, between 7 and 8 in the evening, the prisoners came in and Doe asked for half a quartern of gin and raspberry—she gave me a crown—I put it in the till—there was no other crown there—I gave her change—they drank together and left—I put no other crown in the till—I found this crown there late in the evening—it is bad—I kept it from other money—I had been serving in the bar the whole evening—on 30th October the prisoners came again—I knew them at once—Doe asked for a quartern of gin and raspberry, and gave me
a bad crown—I said, "This might have been better"—Doe said nothing—I said, "You rang me one last week, you will not ring one this week"—she said that a gentleman gave it to her, and she did not know it was bad—my sister gave me the other crown, and I said, "You see they are both alike; you passed this one last week"—she said, "I was not in the house"—Smith said, "I never tendered any money at all"—I said, "No"—I gave them in charge.
JOSEPH PRYOR (Policeman, L 164). The prisoners were given into my custody with these two crowns—I was at the station when they were searched—1s. 3d. in silver was found on Smith—she gave her name Jane Smith, but I have known her seven years as Jane Best—Doe gave me her name, but refused her address.
Cross-examined. Q. Are the prisoners prostitutes? A. Yes.
MR. WEBSTER. These coins are bad, and from the same mould.
GUILTY .— Confined Nine Months each.
MESSRS. POLAND and CLARK conducted the Prosecution, and MR. MOIR the Defence.
EDWARD WARD . I am a clerk in the General Manager's office of the South Eastern Railway Company—it is my duty to receive letters here—these five letters (produced) were received in the office—there was an I accident at Staplehurst on 9th June, and a good many people were injured whose claims for compensation were dealt with in our office.
CORNELIUS WELLIS EBORALL . I am General Manager of the South Eastern Railway Company—all the claims for compensation for the accident at Staplehurst were dealt with in my office, and investigated under my directions—these five letters were put before me, and I gave directions for the name of the medical man to be written for.
JOHN ADAMS , F. R. C. S. I am medical adviser to the South Eastern Railway Company—after this accident I wrote to Mr. Stewart—the first letter was returned to the office marked "Not found," and I wrote this letter (produced), dated 22d July—I received this other letter in reply—I put the name "Worth" on the back—it is signed C. J. Stewart.
Cross-examined. Q. Do you know anything of the writing? A. No, I never saw it before—the former letter from the prisoner was not directed to me.
ACRAMAN AUGUSTUS WOODWIN . I live at 27, Florence-street, Islington, and am a picture-cleaner and restorer—I knew the prisoner as Mr. Worth since 28th March by his applying to take a house which I had to let at A 1, Barnsbury-street—I have seen him write—these letters are in his writing, and this one signed C. J. Stewart also.
Cross-examined. Q. When did you see him write? A. I saw him write this little document which I have here—he wrote it on 29th March, at No. I, Barnsbury-street—I saw him write once before that in Barnsbury street—I have another letter, a very long one (produced), and in my opinion it is the same writing as this one signed Stewart—I say so first from the very eccentric termination of the letter "d," when it is a final letter, and there is the same termination to the "y," a peculiar formation of the "f," and a very peculiar formation of the word "to," which resembles a capital "D" very cramped and badly written—I am prepared to identify these two documents as written by the same hand by the words "to" and the letters "d" speaking generally.
MR. POLAND. Q. I suppose this letter signed C. S. Stewart is in a feigned hand in your judgment? A. Rather disguised.
COURT. Q. Did the prisoner take your house at 1, Barnsbury-street? A. Yes—he was there, I think, in June and July—there is a shop, and he also occupied the other parts of the house.
Letters read: ("1, Barnsbury-street, Islington, 12/6/65. Sir, will you be kind enough to give directions that, if a small brown paper parcel is found that my brother had under the seat, on his return from Folkestone at the time of the accident, be sent to me here instead of to his residence at Light-water, Bagshot, Surrey. He was so completely stunned, as well as injured, that he was not able to see anything about it, and the parties who were kind enough to see him attended to say they never saw it. It contains shirts, brushes, &c. Your attention to this will oblige, yours respectfully, J. L. Worth.")—("Prospect House, Lightwater, Bagshot, Surrey, 24/6/65. Sir, some few days ago I wrote you from Islington in respect to my brother's package, which has not come to hand; and as I am down at his house, they have requested me to apply again. He is still too ill from the effects of the accident to be able to see to matters himself, although somewhat better. If you have found it, will you please send it at your earliest convenience to be left at the Sunningdale Station. The accident has been a serious matter to him, as well as to other persons, but I hope he will get over it, although from the severe shock, he will never be the same man again. I am, Sir, yours respectfully, G. L. Worth")—("Prospect Cottage, Lightwater, near Bagshot, Surrey: Sir,—Your letter being sent to Islington, instead of here, has caused extra delay, but I beg to state that this being a scattered district you had better say "Immediate" on any letter you may send, as sometimes they are kept over for a day or two if they have not many this way. The nearest way to come here is either to Black-water or Sunningdale, from either place between five and six miles, as my brother's property joins Chobham-common, but is in Windlesham parish, about two miles and a half from Bagshot In the confusion when first wrote, I forgot to say, that in addition to the articles mentioned, a photograph of my relative's wife, with a number of private letters, were also in the parcel, which he hopes may yet be found. He is advised to go to Leamington, to his sister's, for further change, if able to go, but I cannot go with him before Monday. With regard to compensation for this matter, he wishes me to say that you can either do it with him or with his legal adviser, but he wants what is reasonable and fair between all parties, and if you think it can be amicably arranged for). he will agree to that, although he is sure he will be all that out of pocket. Your obedient servant, G. L. Worth.")—("Prospect House, Lightwater, Bagshot, Surrey. 6/7/65: Sir, Yours of the 3rd has just arrived at the time I was writing one to you, as my brother is getting out of all patience about his missing articles, and being in a very weak state is exceedingly fidgety. He has desired me to state that he named so low a sum in the last letter in order that no delay might arise, and legal proceedings be unnecessary, and I find his friends here blame him very much for saying anything like so small an amount, for it appears that he is not likely to be the man he was before the accident. The name of the medical man is Mr. Stewart, (successor to Mr. Blunt), who resides at the 'Folly,' Windlesham, Bagshot, Surrey, to whom you can communicate. My brother cannot be removed at present, but he is anxious to have his letters and a photograph, as well as his clothes, if possible; and as he thinks, poor fellow, that he will be able to go to his relatives at
Leamington, he can there have a change, and he wants matters settled amicably, if possible; but, at the same time, he is firm in demanding what is fair, but not a penny would he take beyond what he feels just. I therefore trust you will arrange matters so as to prevent his sending up to town for his solicitor, as I urged him to name a small sum to avoid law if possible. I am, Sir, yours truly, J. L. Worth.")—("12/7/1865. Prospect House, Lightwater, Bagshot, Surrey. Sir,—My brother again requests me to write you about his package, and desires me to say that unless he receives a satisfactory reply ho will place it out of his hands altogether, as he cannot help thinking the package would have been found if attention had been paid to it in the first instance, and the letters are of importance to him, as one in particular is a letter of acknowledgment for money of some amount, and therefore of importance to him. I am, Sir, yours respectfully, G. L. Worth per J. F. Worth. N. B. Of course I am compelled to write what he tells me, as he is exceedingly nervous and excited at times. Do pray get it settled, as I am sure delay makes him worse. J. L. Worth")—("The Folly, West End, Chobham, Surrey. 29th July, 1865. John Adams, Esq.: My dear Sir,—Your letter being wrongly addressed, and my temporary absence, has caused some delay. Mr. John Worth has sustained injury to his head and shoulder, but is much better, although the shock has had a somewhat serious effect upon his system, which will require months to overcome. No danger need now be apprehended, but at first I deemed it advisable to have him kept perfectly quiet and away from most of his friends. Very faith-fully yours, C. J. Stewart.")
JANB WORSFORD . I live at Windlesham, in the parish of Lightwater—I know Prospect-cottage there—there are a great many houses round about, but not just at that part where the "Folly" is—Prospect-cottage is about two and a half miles from the railway-station—I am the letter-carrier there—I know the prisoner as Captain Middleton—he has lived at Prospect-cottage since the spring; April, I suppose—he spoke to me in May, soon after he came there, and said that if I had any letters for Worth or Wright, to bring them to him, as they were friends of his—I received several letters addressed to Worth, which I delivered at the prisoner's house from time to time—he told me open morning in July that if I had any letters in the name of Stewart or Blunt, I was to bring them to him, as they were relatives of his; that he was going to send them abroad, and one expense would do for all—I remember a letter coming addressed to Mr. Stewart, surgeon, at the Folly—I gave it to his son at his man Cheeseman's house—that is not far from Prospect-cottage—I have lived at Windlesham two years, and longer than that in the neighbourhood, but do not know Mr. Stewart, a surgeon, living there—I know Mr. Blunt—Mrs. Middleton and two sons live with the prisoner—I saw no brother or any person that had been injured by any accident, and I have been there almost every morning—at times there was no one there, and I have delivered the letters to his man.
Cross-examined. Q. You say that there were letters which he was going to send abroad; did not he say that they were letters for his brother who had come from abroad? A. No, he said he was going to send them abroad as they were very expensive to send, and one expense would do for all—there are four doctors round about there—I cannot say whether there are ten or fifteen, but I know there is no doctor Stewart—I thought it was very strange the prisoner having so many names, but I observed nothing peculiar in his manner; he always seemed quite self-possessed—I saw him every morning, unless he was away.
JANE BROWN . I am the wife of Samuel Brown, of Rose-cottage, Light-water, Windlesham, Surrey—the prisoner came to live at Prospect-cottage about April or May, in the name of Captain Middleton—his wife and two sons were with him—I saw no brother, nor heard of any—I heard of no person named Worth living at Windlesham, and I have lived there four years last September—I lived 400 or 500 yards from the prisoner, and used to visit him frequently—he has a four-roomed house and a small pantry—I have been in all the rooms except the pantry, and that I have seen into no one lived in the house but Mrs. Middleton and her two sons—Lightwater consists of about twelve or thirteen houses—I never heard of the name of MR. Stewart, a surgeon—I know Mr. Blunt perfectly well—I know no one living there in June or July that was injured in a railway accident.
Cross-examined. Q. Do you know the names of those who were wounded? A. I never knew anything about it—I never saw anyone in the house but the prisoner, his wife, and two sons, and I have been there sometimes two or three times at week, and generally on Sunday afternoons or evenings I have been there—I always thought the prisoner very well behaved and gentlemanly—I never saw anything peculiar about him.
JOHN HILLIER BLUNT . I am a surgeon, of Bagshot—I know the Folly—there never has been any one named Stewart, a surgeon, practising there during the eight years I have been there—I know all the medical men in the district—I am the only Mr. Blunt—I know Prospect-cottage—there is no other medical man within four or five miles of it, and I am two miles and a half from it—I heard of no one being there in June or July who was injured in a railway accident—I never beard that any one named Worth lived there, till I was spoken to.
Cross-examined. Q. Do you know of anybody living there? A. The house bad been shut up, and afterwards, seeing it opened, I inquired who bad come there, and was told Captain Middleton.
SAMUEL STRICKLAND (Police-sergeant, M). I am employed by the South Eastern Railway—on 20th July, I went to Prospect Cottage, Lightwater—I asked if Mr. Worth lived there—he said, No, all he knew of Mr. Worth was that he was told by a woman who occasionally brought milk to the house, that she bad seen him driving out in a chaise in front of his house—I asked him if there was any other Prospect House or Cottage in the district—he said he could not tell me for certain; he did not know—I asked him if he could tell me where Mr. Worth lived, the gentleman who had been seen driving out in a chaise—he pointed towards Chilham Common, to a chimney pot, about a mile and a half off, in the trees, and told me he thought he lived there, and bought the premises, and be gave it such a name as Prospect Cottage, but it was not known generally—I said, "Can I get across the Common there, as it is very boggy?" be said, "Yes; I am going down the valley; I will go with you some distance"—he went down into the valley with me, and I left him—I tried to find Mr. Worth, but could not—on the 16th of August I went to Barnsbury-street, Islington, a haberdasher's shop, and saw the prisoner behind the counter—I called him out, and told him I wished to speak to him, as I bad found him out as the person who misdirected me respecting the house at Light-water, when I inquired for the name of Worth—he said, "My name is not Worth, but Middleton"—I said, "I think I shall be able to show that your name is Worth"—I pulled out some letters, and said, "You are the writer of these letters to the South Eastern Railway"—He shook his bead, and said, "No."—I cautioned him, and said that what he said might be used in
evidence against him, and that it would be for me to go clearly into the case. His wife who was standing by his side, began crying—he turned himself round two or three times, and said, "Well, I am the writer of those letters; I was assisting my brother in endeavouring to get compensation; he had been injured in his back, in Leicester"—I asked him if it was in a railway accident—he said, No, and that his brother had been making a dupe of him—he walked up Barnsbury-street beside me, and in the City-road, by the Angel, he said that he was going to recall all he had stated, and furnish the Company with a written statement if I liked to meet him next day at Islington, about 11 o'clock—I said I did not know whether that would be consented to or not, but I would name it to the General Manager when I got home—I was afterwards instructed to take him in custody—I took him on the 6th October, at Prospect Cottage, Lightwater—I read the warrant to him—he said he thought it was all settled; he had been made a great dupe of by his brother—I searched a box in one of the rooms at Prospect Cottage, and found the letter signed by Mr. Adams—I called the prisoner's attention to it at the time.
Cross-examined. Q. Do you know whether he has got a brother? A. I do not. I know nothing about his family.
SAMUEL BROWN . I live at Lightwater—I have known the prisoner as Captain Middleton—on the 26th June he handed me a letter to post, addressed, "MR. Eborall, Manager, South Eastern Railway Co., London Bridge."
GEORGE COOMBS HAINES . I have known the prisoner since 1861, and am perfectly acquainted with his writing—this letter signed Stewart, is his writing in my judgment, and the other letter as well—I have seen him write almost daily for months.
Cross-examined. Q. What makes you so certain? A. The peculiar formation of the "d's," "w's," and "y's," the termination of the "d" is brought down, and sometimes the "y"—I was formerly in his employment as a printer at Highgate—he was the proprietor of the 'Highgate and Hampstead Express," which I printed for him—the type was ordered before I went there—it is now in the office that was his, at Highgate—he was ejected from it, and I have the type and the receipt for it in his writing (produced), here is his signature, "George Loresby Worth"—I gave 108l. 9s. for it, I think—it was seized and was valued by a gentleman in Green-street, Arbour-square—I paid by a cheque for 25l., signed "Charles Ireland," and the rest with money, but one bill was 40l., which I had paid for printing materials.
Thomas Hoskins, engineers of Millwall Iron Works, gave the prisoner a good character.— GUILTY. Judgment respited.
MESSRS POLAND and BEASLEY conducted the Prosecution.
DANIEL BRAYBROOK (Policeman, L 191). About 9 on the evening of 20th October I was on duty in the Waterloo-road, and saw the prisoner there quarrelling with a female—I separated them, but be crossed over again to her and struck her a violent blow with his fist in the face, and knocked her down in the road—I rushed towards him to lay hold of him, and he made a blow at me with some instrument he had in his hand—he then turned round and ran away up Herbert's-buildings—I ran after him, and some of
the crowd called out "Stop thief"—I saw Thomas Phelan, L 170, running after the prisoner—he ran to No. 6, Herbert's-buildings, up some steps, and Phelan was close at his heels—I then saw the prisoner turn round and strike Phelan on the head, and he fell backwards down the steps—the prisoner ran inside the house, and made his escape at the back—Phelan was assisted to the station.
THOMAS PHELAN (Policeman, L 170). On the night of 25th October I was in the Waterloo-road, in plain clothes, off duty—I heard a cry of "Stop thief," and saw the prisoner running in the direction of Herbert's-buildings—I ran after him—there were other constables running—the prisoner ran to No. 6, Herbert's-buildings—I closed with him on the steps, and he turned round and struck me a violent blow on the left temple with some instrument he had in his hand, which felled me to the ground—I was insensible at once—I was assisted to the station, and my wound dressed by the doctor—I was bleeding—I was off duty eight days, and was then recommended by the doctor to take light duty—I am all right now—I know the place where this life-preserver (produced) was found—it is a fitter's shop opposite to 6, Herbert's-buildings, about 30 feet from there—this could be thrown easily from the road, or from No. 6, on to the fitter's shop—it is a low roof—on Wednesday, 8th November, at 4 o'clock in the morning, I assisted in taking the prisoner into custody—he was at 6, Herbert-buildings in bed—when we went in, he directly sat up in bed, and said, "I am not the man"—not a word had been said before that—I am quite sure he is the man—it was a short instrument he struck me with—I said afterwards I believed it was a life-preserver—I had been on the look-out for the prisoner before I took him, and was not able to find him till the 8th—I knew his name at that time, and where he lived.
JOSEPH FAULKNER . I am a carpenter, and work for Mr. Coningsby, an engineer, of Herbert's-buildings—on 8th November I found this instrument on the roof of Mr. Coningsby's fitting shop—that is opposite to No. 6, Herbert's-buildings—I had occasion to go to fix a skylight there, and I found this life-preserver accidentally—there is a stain on it now, which was there when I found it.
RICHARD ALEXANDER EDMUNDS (Police Inspector). In consequence of information, I went on Friday, 3rd November, to No. 6, Herbert's-buildings—the prisoner was not there then—I directed the house to be watched from the night of the occurrence—the men were not withdrawn before the 8th—they were perhaps not so strict as they had been—I had my reasons for withdrawing them. Prisoner. I was there every night.
CHARLES CORBETT BLADES . I am a surgeon of Kennington-park-road—on Wednesday evening, 25th October, I saw Phelan about 10 in the evening—he was very pallid, as if he had recovered from fainting—there had been considerable loss of blood—I examined the head, and found a lacerated wound on the left front part, near the temple, three fourths of an inch to an inch long, cutting right down to the bone; it was also contused—in my judgment that wound was inflicted by some heavy instrument, most pro bably by a life-preserver, from the length of it—an instrument of this sort would produce such a blow—the man was eight days under my care—he is now convalescent.
COURT. Q. Was the wound in any respect dangerous? A. Yes; inasmuch as we often get inflammation and then erysipelas, and sometimes disease of the brain—he was a very healthy man, so that was favourable to him—the blow might have fractured the skull.
Prisoner's Defence. Four of them came up to my room, where I was sleeping, with a female; two of them said, "Get up," and began punching me. They got me outside the door, into the street, and they say I struck them; one said it was with something shiny and the other with something short. Do you think if I had hit a man like that I should have stopped in that house.
GUILTY .— Confined Eighteen Months.
MR. WOOD conducted the Prosecution, and MR. LILLET defended Amos and Ricketts.
ELIZA LEE . I am the wife of Charles Lee, of Wal worth-road—on the Saturday night previous to 29th October, between 12 and 1, I went into a pie-shop in the Walworth-road with my husband—there were a great many people there, and Jones came up and asked my husband to pay for a pie for him—he did so, and Jones gave it to Ricketts—I then went out, and returned to get three pies to take home—Jones and Ricketts were then in the shop with other people—I changed a shilling to pay for the pies, and put the change into my purse and into a bag which I had—I had then 10s. in my purse, and eight duplicates—I left the shop, and was going home round by St. Peter's church—I had passed the church when Jones came up to me and said, "Did I ask your husband to pay for a pie for me?"—I said, "What did you say?" and I had no sooner spoken than he took me by the waist and the forehead and threw me on the ground—it was done so suddenly that I could not discern who the others were all round me, but I saw four of them run—I cannot say who they were exactly—I am sure Jones was the man who threw me on the ground—I lost my purse and 10s., and eight duplicates—my bag was gone—I met a constable, and went with him back to the pie-shop.
Cross-examined. Q. Was the pie-shop to which you went, Blanchard's, close to Digby's, the butcher's? A. Yes, it is on the same side of the way as the Elephant and Castle—it was a dark street where I was knocked down, a street running into Liverpool-street—I did not see Amos in the pie-shop that I know of.
COURT. Q. Had you known Jones before? A. No, I never saw him before that night.
Jones. Q. Did not the Magistrate press you to point out the party who knocked you down? A. Yes—I said I was not sure whether it was Ricketts or not—I said you were very much like the man—I said the man who pushed me down had hair on his face, and the Magistrate said, "They have both got hair on their faces."
COURT. Q. Are you sure now? A. Yes—Jones was the man who threw me down—I am quite sure now I see them together.
WILLIAM BLANCHARD . I keep a pie-shop, at 23, Beckford-row, Walworth-road—on the Sunday morning in question, about half-past 12 or a quarter to 1, I saw the prosecutrix and her husband in my shop, and all the prisoners—the prisoners appeared to be friendly, and they were in company together—I knew them as customers—I had seentogetherbefore—Ricketts and Amos came in together first, and Jones came in afterwards—we were very busy at the time—there was an altercation about paying for a pie—the prosecutrix and her husband went out first, and soon afterwards the prosecutrix
came back and asked for three pies—she gave me 1s., and I gave her 9d. change—she had a reticule-bag on her arm—she went out, and about two or three minutes afterwards Amos and Ricketts followed one another out—Ricketts turned and said to Jones, "Wait half a minute, Jones, I shall be back"—Jones was finishing a pie at the time—he waited about two minutes, and then went out—I saw no more of them.
Cross-examined. Q. Had you seen them in your shop as customers on various Saturday nights? A. Yes; and other nights as well—they always paid for what they had—Saturday evening is a very busy evening.
JOHN SUMMMERFIELD . (Policeman P. 191). On the morning of Sunday, 29th October, the prosecutrix made a complaint to me, and I went to the pie-shop with her—I got some information there, in consequence of which I went to No. 6, Richmond-street, at about 1/4 past 2, and apprehended Jones—a description had been given to me—he came to the door to me—I told him he was charged with being concerned with three others in knocking a woman down and robbing her, in Liverpool-street, Walworth—he said, "All right, I will go with you. I did not do it, but I know all about it; I saw it done"—I then took him to the station—he said, "I did not do it, Frank Amos and Ricketts done it"—on Monday morning, about 2 o'clock, I went to Foster's-buildings and took Ricketts and Amos—they were together in bed.
Cross-examined. Q. Do you know how far it is from Blanchard's shop to Liverpool-street? A. 400 yards, or very little more, from 400 to 500 yards—I took Amos at his parents' house—Ricketts lodged there with them—there was another bed in the room, and another man sleeping in it—I have reasons to believe it was a brother of Amos—I saw Mr. and Mrs. Amos.
WHITING MARCHANT . (Policeman P 194.) On Sunday morning, 29th October, I saw Ricketts and Amos in the Westmoreland-road, about 5 minutes before I—I knew them—I had seen them going home together before that—they were on their way home then—on Sunday night I received a description of the prisoners—I went with the last witness to take Ricketts and Amos—I told Ricketts, in Amos's presence, that he was charged with assaulting and robbing the prosecutrix of a bag and 16s., and I told him the time of night—he said, "I don't know anything about it, but we were there about that time"—I afterwards said to him, "I suppose you are aware that Evan Jones is in custody for it"—he said, "Oh Evey is in custody, is he, and he is rounding on us."
Cross-examined. Q. Westmoreland-street is a street close to the Red Lion? A. It commences at the Red Lion—I know the time I saw these men in the Westmoreland-road because I heard Big Ben chime the 3/4 past 12—I had no watch with me—most of the shops were closed—I went off duty at 6—Ricketts said he did not know anything about it, but he was there about the time—he did not say anything about the pie-shop—I signed these depositions—read: "I took Ricketts—I told him the charge—he said he did not know anything about it, but he was at the pie-shop about the time."
COURT. Q. Well, what did he say? A. He decidedly said to me that he was there about the time—I might in course of the conversation have mentioned the pie-shop, and what he said about being there might have related to the pie-shop.
The prisoners statements before the Magistrate. Amos says: "I never spoke to the woman nor her husband—I went into the pie-shop and had a pie—I came out again and that is all I know."—Ricketts says: "The woman was drunk, and so was her husband—she went out of the shop—I bought two
pies—the woman came back by herself—I said, 'where is your husband'—she said he had gone home—I said, 'He is not capable of going home by himself, he is too drunk'—she bought three pies and then went out, and we all three stopped there for a minute and a half—I said to Evy Jones, 'Don't go away—I won't be a minute,'and went out to make water—as I was standing at the corner of Trafalgar-street, the woman passed me—I met Amos's young brother and waited till Jones came out, and we went home together—I never saw the woman after she passed me."—Jones says: "About half-past 12 I went into Blanchard's shop and saw Amos and Ricketts there—I asked the woman's husband to give me a pie, and he did, and Ricketts and I ate it—I stopped there about 2 minutes after they were gone, and then I went out—I went down Liverpool-street, and at the turning opposite the church I distinctly saw Ricketts tustling with the woman—he gave her a shove and she fell—I distinctly saw Ricketts twist something out of her hand and with that they ran off—there was another man on the other side—I could not see who it was—but I can say it was not Amos because he had a black coat on—when I found that was the case I made towards my house as quick as possible."
NOT GUILTY .
67. FRANCIS QUILTER (23), PLEADED GUILTY to Unlawfully publishing a defamatory libel upon James Roberts. The defendant expressed his regret for what he had done.— To enter into his own recognizance in 100l. to appear and receive judgment if called upon.
Before Mr. Baron Bramwell.
MR. WILL conducted the Prosecution.
The prisoner being a foreigner, the evidence was interpreted to him.
MICHAEL BIRMINGHAM (Policeman, M 217). About half-past 12 on Saturday night, 12th November, I was on duty in Commercial-street, Rotherhithe, and took the prisoner and another foreigner into custody for being drunk and disorderly and insulting several people; the other had a stick and the prisoner had a stone, but he threw it away before I got up to him—they were calling people names, and saying what they could not do, in a sort of sneering way—it was said in broken English, I could hardly understand them—I was taking them to the station, but I could not get them on, and I sprang my rattle, and Reed came to my assistance—I asked him to take the prisoner for me—he did so, and took him along—I took the other—as Reed was taking him along the prisoner let a knife drop from his sleeve, and aimed at his breast—a button turned it off—he then made a second attempt and put the knife in Reed's left thigh and ran away—I let go of the man I had, and ran and took the prisoner in custody—he drew the knife at me—I had a stick in my hand that I had taken from the other Italian, and I knocked him down, and he threw the knife away—a green-grocer, who lived close by, picked it up—this is it (produced)—it is a dagger.
Prisoner. I had no knife on me—if my friend had a knife and used it, I knew nothing about it.
Witness. His friend was alongside of me, and the prisoner on the other side of me—the other man was near enough to Reed to have stabbed him, but he did not—I saw the prisoner stab him.
WILLIAM REED . I am a labourer, and live at 5, Queen-street, Hackney-road—on this Saturday night, about half-past 12, I was in Commercial-street, Rotherhithe—the springing of a rattle attracted my attention—I went up, and the policeman had the prisoner and another Italian in custody—he asked me to take the prisoner from him, which I did, by taking him by the collar, as we were going up the street he drew this dagger from his sleeve, and made an attempt to stab me in the breast, but a button on my coat turned it, and he then stabbed me in the thigh—I am sure it was the prisoner who stabbed me, not the other Italian—I did not see what he did with the knife—he ran away, and the constable after him—I was taken to the station, and a doctor was sent for.
WILLIAM MURDOCK , Jun. I am a surgeon—I was called to the station, and found the prosecutor and prisoner lying on benches, both wounded and bleeding—I said, "Which is the most serious case for me to attend to first?" The inspector directed me to attend to the prosecutor—he was quite blanched from loss of blood, in fact the quantity of blood was so great that the place smelt like a slaughter-house—his trousers were completely matted with blood, and his boot and stocking—I directed them to be taken off, and took a sponge and cleansed the wound—the bleeding had then ceased—I dressed the wound—I did not ascertain its depth—it must have been either deep, or some large artery was wounded—the wound was just about the size which this knife would make—I then attended to the prisoner—he had a wound on the head such as a stick would make.
Prisoner's Defence. I know nothing about it—I was very drunk, and could not be able to stab anybody; besides, I had. no knife—being a foreigner I have nobody to speak for me, if I was in my own country I could have plenty.
GUILTY of Unlawfully Wounding. — Confined Eighteen Months.
The Court ordered a reward of 5l. to be paid to the witness,WILLIAM REED.
ADJOURNED TO MONDAY, DECEMBER 18TH, 1865.