CENTRAL CRIMINAL COURT
THIRD SESSION, HELD JANUARY 8TH, 1866.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers to the Queen's Most Excellent Majesty.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX,
KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, January 8th, 1866, and following days,
BEFORE THE RIGHT HON. BENJAMIN SAMUEL PHILLIPS, LORD MAYOR of the City of London; The Hon. Sir JOHN MELLOR, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir ROBERT WALTER CARDEN, Knt.; JAMES ABBISS, Esq.; JAMES CLARKE LAWRENCE, Esq.; and ROBERT BESLEY, 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.
SILLS JOHN GIBBONS, Esq. Alderman.
JAMES FIGGINS, Esq.
HENRY DUFFETT, Esq.
CYRIL MORTIMER MURRAY RAWLINS, Esq.
CENTRAL CRIMINAL COURT.
PHILLIPS, MAYOR. THIRD SESSION.
A star (*) denotes that the 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, January 8th, 1866.
Before Mr. Common Serjeant.
The following prisoners PLEADED GUILTY:—
149. ALFRED HENRY HAINES (17) , to two indictments for forging and uttering cheques for 5l and 100l. with intent to defraud.— Five Years' Penal Servitude ; and [Pleaded guilty: See original trial image.]
150. GEORGE PELTREE (22) , to burglariously breaking and entering the dwelling-house of Robert Entwistle, and stealing a salt-cellar, and other articles, his property, after a former conviction of felony in 1862.— Confined Twelve Months . [Pleaded guilty: See original trial image.]
MR. THOMPSON conducted the Prosecution, and MR. SLEIGH the Defence.
ALICE WEST . I am the wife of William West, of Everard-place, White-chapel—on 27th December, I went into Mr. Farrant's, a pawnbroker in Whitechapel, to pledge a dress, and saw the prisoner standing beside me—she took a parcel off the counter, and walked out with it—the shopman spoke to me, and I told him.
Cross-examined. Q. How long had you been at the pawnbroker's? A. I do not think I was there more than ten minutes—there was nobody there but me, my sister, and the prisoner—I was in the shop at the back, they do not take in pledges in the front—it is parted off from where you go in to buy—there are no boxes—there was no gas lighted—it was about half-past 3—I am quite sure there was only my sister, myself, and the prisoner in the part we were in—it is not a very large shop—this shawl was a parcel done up, lying on the counter—the shopman spoke to me when he missed the parcel—I stayed in the shop, and he went out and brought the prisoner back with two parcels; her own and the one she had taken off the counter, just in the same state as when she took them out—there were not other
persons standing further back; she was the last—there may have been persons on the other side who I did not see—there is a partition—I heard him give her in custody—I heard her say, "I did not steal it; it was given to me to hold by a woman who was standing by my side"—I have only been to this shop about three times—I had never seen the prisoner before.
MR. THOMPSON. Q. Where did you first see the parcel? A. On the counter—the prisoner was not in the shop before me—she took the parcel off the counter—she had not been served—this was in the compartment where they take things in pledge—my sister is here.
WILLIAM PURKISS . I am assistant to Joseph Farrant, pawnbroker, of Cable-street, Whitechapel—I produce a shawl which had been pawned—I saw the prisoner on 27th December, leaving the shop with it on her arm—I stopped her when she had got between fifty and a hundred yards—she had turned the corner—I said, "You must come back to the shop"—she made no answer, but went back with me—I fetched a constable, and gave her in custody—she said the young man behind the counter gave it to her—I had been behind the counter that day, and am the young man who spoke to Alice West—I had seen the bundle in the shop two or three seconds before—I was not attending to Alice West when I missed it—I spoke to her—I was booking the goods.
Cross-examined. Q. Was there anybody else assisting you? A. Yes; there were three young men with me behind the counter—there were a good many people waiting to be served when I went out, I should think about six—they were mostly women—it was when I brought the prisoner back to where Alice West was, that she said that it was given to her by a young man behind the counter—I cannot be mistaken, it was not that it was given to her by a young woman to hold.
COURT. Q. If Alice West says that on being charged with stealing it she said, "I did not; it was given to me to hold by a woman standing by my side," that is not true? A. No, the prisoner did not say that.
MR. SLEIGH. Q. Did you say when you were before the Magistrate, anything about the young man behind the counter, that she said that he had given her the parcel? A. I said, "The young man"—she did not say "Behind the counter"—she said, "That young man," and he was behind the counter then—he said that he did not—he is not here.
WILLIAM GAYLOR (Policeman, A 692). I was called, and took the prisoner—she said she did not steal it, and when she got to the station, she said that a woman gave it to her—she said nothing about Purkiss.
Cross-examined. Q. Did you receive the shawl from Purkiss? A. Yes; the Magistrate offered to settle the matter summarily, if the prisoner would say that she was guilty, but she said no, she would be tried.
The prisoner received a good character. NOT GUILTY .
NEW COURT.—Monday, January 8th, 1866.
Before Robert Malcolm Kerr, Esq.
THOMAS FULLER . I am the landlord of the Pembridge hotel, westbourne-grove, West—on 13th December, the prisoner came in for half a pint of beer—my daughter served him—he gave her a shilling—I looked at it, told him it was bad, and doubled it up—he said, "I took it at the Round House in change for half a crown"—I laid it on the counter, and went for a constable—I did not see the prisoner do anything with it—I do not know what became of it—I told the constable it had disappeared off the counter while I was giving change—the prisoner said that I had got it——I told him I believed he had swallowed it.
Cross-examined. Q. What are you? A. A licensed victualler—I did not swear just now that I did not see the prisoner do anything with the bad shilling, and that I did not see anybody touch it.
JOHN CHEESE (Police-constable, K 120). I received the prisoner in charge from the last witness, who said that the prisoner had uttered a bad shilling, that he had laid it on the counter, and he believed the prisoner had taken it up and swallowed it—the prisoner said, "I have not got it; you have got it," meaning the landlady—I found nothing on the prisoner—he was then liberated by the sergeant.
ALICE CHAPMAN . I am barmaid at the Swan Tavern, Old Brompton—on 23d December, the prisoner came in for three halfpenny-worth of rum—he gave me a florin—I said, "This is bad"—he said he would take it back to the shop and have it changed—I would not let him do that, and he then gave me a good one—I gave him change—shortly afterwards, Constable 311 T came in and said something to me—I gave him the florin.
GEORGE SEYMOUR (Policeman, T 311). On 23d December, I was in the Brompton-road, watching the prisoner and another man—I had been watching them for over an hour—one went into the public-house, and the other stayed outside—I saw the prisoner in front of the bar of the Swan, Old Brompton—the other man I lost sight of—as soon as the prisoner saw me he made a move towards the door—I stopped him, and asked the barmaid what she had got in her hand—she said, "A bad florin" and handed it to me (produced)—I took the prisoner into the parlour, searched him, and found a small file in his waistcoat-pocket; a shilling, a sixpence, in silver, and 4½d. in coppers.
MESSRS. CRAUFURD and WARTON conducted the Prosecution.
JAMES ERNTERMAN . I live with my parents at 297, Gray's-inn-road—they keep a shop—on Saturday, 23d December, between 2 and 3 o'clock, the male prisoner came in for half a pound of "pearl" biscuits, which I put in a bag—they came to threepence—he gave me a florin—I gave him the change—when he had gone, I tried the florin and found it was bad—I followed him, and saw him join the two female prisoners—they were waiting for him on the other side of the road—I followed them to the Caledonian-road, and the male prisoner went into a sweetstuff-shop—the females went a little further on, and waited—the man came out and joined them, and I followed them to the Roman-road—I then spoke to Policeman Y 129, and pointed the prisoners out to him—we followed them back to the Caledonian-road, and when we came to the Tower public-house the constable took the females—I
lost sight of the man, but afterwards saw him standing in the crowd—I gave up the bad florin to Constable Y 139.
SARAH PORKNELL . I keep a sweet stuff shop in the Caledonian-road—the male prisoner came in on 23d December, and bought two ounces of cocoanut ice and two ounces of French rock, which came to fourpence—he gave me a florin—after he had left, I found it was bad—he had been in the habit of coming to my shop—I gave it to the constable.
JOHN WATTS (Policeman, Y 129). On 23d December, Ernterman spoke to me in the Roman-road, and pointed out the prisoners to me—I followed them to the top of the Caledonian-road, where I lost sight of the man for a moment—I had previously spoken to Constable Y 139—I took the two female prisoners—I told them I should take them for passing counterfeit coin—they said they did not know anything about it, that I must have made a mistake—I then saw the man in the crowd and took him—I charged him with passing counterfeit coin—he said I must have made a mistake—I then went to Mrs. Porknell's, and got the florin from her.
ELIZABETH TAYLOR . I am the female-searcher at the Caledonian-road station—on 23rd December, I examined the women—on Jane Carr, I found four bad florins in her dress-pocket, wrapped up in separate pieces of paper—on Johnson, I found bag of biscuits, two packets of sweets, three keys, and two glasses—I gave them all up to the sergeant at the station.
JAMES WALTON (Policeman, Y 139). I was with the other constable in the Caledonian-road—I took the two women into custody—they gave their address as 14, Little Arthur-street—I went there, and in consequence of something I heard, I went to 38, Little Arthur-street, with a man, who forced open the door, and in a square box on a table under the window I found two packets; one containing eleven, and the other nine counterfeit shillings—the eleven were wrapped up in one parcel with loose paper between and sealed top and bottom—the nine were wrapped up in single pieces of paper, and were all together in a piece of brown paper—I produce them—I received three keys from the female searcher, and one of those keys opens the lock of the door of the room the prisoners occupied at 38, Little Arthur-street—the man that took me represented himself as Carr's father.
JANE BOSWELL . I live at 38, Little Arthur-street, Golden-lane—I know the prisoners—the male prisoner and Johnson pass as man and wife—they lived in my front-room—the other prisoner came every morning, and went home at night—they lived there six months.
GUILTY .— Confined Two Years each .
MESSRS. CRAUFURD aud WARTON conducted the Prosecution.
FREDERICK PUTMAN . I am a pork-butcher, at No. 2, Market-street, Mary-lebone—on Sunday, 3rd December, the prisoner came into my shop and bought some trifling article—she gave me a shilling and a sixpence—the sixpence was placed on the top of the shilling—I put the money in the till, and found a bad shilling on the Monday morning—I think there had been
another shilling there—I did not take another after she came, but I might before—I was the only person thats served in the shop—I threw the bad shilling into the fire—on 17th December, the prisoner came again, and asked for a piece of pickled pork—she gave me a shilling and a sixpence—the sixpence was placed on the top of the shilling—I gave her a few halfpence change—after she had gone, I examined the till and found a bad shilling—I had not taken any other shilling—I am positive of that—I was the only person that had served in the shop—I nailed that shilling on to the desk—on 24th December, the prisoner came again, between 10 and 11—I recognised her directly she came in—she asked for some pork, and gave me a florin and a shilling placed on the top of it—I told her the florin was bad, and that she had been into the shop before; that this was the third time, and that I should give her into custody—she said she had not been in the shop before—I said I could swear she had—I sent for a constable, and gave him the shilling of the 17th, and the florin of the 24th—my father asked her where she lived—she said, "I sha'n't tell you."
FREDERICK LONG (Policeman, C 133). I took the prisoner—I produce a shilling and a florin I received from the last witness—the prisoner was carrying a basket and a purse—she was searched, and two florins, a shilling, a sixpence, and twopence-halfpenny in coppers were found upon her—I asked her address—she said she was not going to give it; she was a respectable woman, and bad taken the money somewhere, but could not say where.
NOT GUILTY .
JANE REBECCA HOWARD . I am the daughter of William Howard, chandler, living at 59, Viaduct-street, Bethnal-green—on Thursday, 9th November, between 6 and 7, the prisoner came into our shop and asked for half a pound of candles, which came to 3½d.—she gave me a half-crown—I put it in the detector, and it bent nearly double—I called my father, and said, "This is a bad half-crown"—I was handing it to him across the counter, when the prisoner snatched it from my hand—she put her hand under her cloak under her arm.
WILLIAM HOWARD . I am the father of last witness—she called me into the shop on 9th November, between 6 and 7—the prisoner was there—my daughter said, "Father, this is bad," handing me a coin—it was bent—the prisoner snatched it away before I could reach it and put it under her cloak—she kept her hand there—I asked her to let me look at it—she said in a jeering tone, "Would you not like it?"—I asked her several times, and offered to let her go if she would give it me, but she would not—I asked her address; she refused to give it—I sent my daughter for a policeman, and gave her in charge—he wanted to look in her hand, but she would not let him—she dropped her hand and produced a good half-crown, which she said was the one—I told her that it was not, and that the one I saw was bent—I searched my shop, but could not find the bad half-crown.
Cross-examined. Q. Did the policeman search the shop? A. Yes, and could not find it.
Howard charged her with uttering a bad half-crown—I asked the prisoner where it was, she said, "I have not got any"—Miss Howard said, "She has got it under her arm"—I asked the prisoner to give it me, but she refused to do anything of the sort—I then pulled her arm away—she said, "You won't search me any further"—I opened her hands and found a good half-crown—she said, "That is all I have got"—she picked up a ginger beer bottle and said, "I will do for you if you do it any more; I will settle you if you touch me any further; let the female searcher search me"—at the station she refused to give me her name and address—she was searched by the female searcher, but nothing was found on her—she was taken to the Worship-street Police-court, remanded, and discharged—when prisoners are discharged they give a receipt for anything that has been taken from them—the prisoner gave this receipt in the name of "J. Collins" (produced).
COURT. Q. Did you see her write it? A. Yes.
JOHN SHAW . I am eleven years old, and am errand boy to Mrs. Wall, who keeps a cats' meat shop—the prisoner came there on a Tuesday last month, and asked for a halfpenny-worth of cats' meat—Mrs. Wall served her—she gave a half-crown, and Mrs. Wall gave her a shilling, two sixpences and 5½d.—Mrs. Wall handed the half-crown to me, and I went next door to see if it was good—the prisoner had left, and I went after her—I could not find her, and when I got back she was standing at the door with my mistress—I gave the half-crown back to my mistress.
ANN WALL . I am the wife of Thomas Wall, of 26, Whitecross-place—on Tuesday, 27th November, at eight in the evening, the prisoner came to my shop for a halfpenny-worth of cats' meat—she put down a half-crown and I gave her in change a shilling, two sixpences, and 5½d.—she went away—in consequence of something my husband said to me I sent the boy next door with it—it was bad, and I sent him in search of the prisoner one way while I went another—I followed her to Wilson-street—I called out, "Stop thief;" and directly she saw me she set off running—I caught her and said, "Young woman, you have given me a bad half-crown, I beg of you to return me my good change, and I want no bother"—she said, "I have never seen you"—she asked me to leave go of her and walked to a grating—I heard something drop which sounded like silver—I said, "I shall not leave go of you until you have given me what you have got in your hand"—she had a purse in one hand and the other was closed—I asked her a dozen times to give me back my change—I gave her into custody.
Cross-examined. Q. Did you tell the prisoner you heard silver drop? A. Yes—I saw the half-crowns that were found upon her, they were all good.
GEORGE SEKAR (continued). I told the prisoner the charge—she said, "I have only got three half-crowns"—she did not say anything about this half-crown—she was searched at the station, and three good half-crowns found upon her, and five-pence halfpenny in coppers—she gave her name Annie Curr, and said she was a tailoress—she refused her address.
GUILTY .— Confined Twelve Months .
MR. PATER conducted the Prosecution.
THOMAS STARLING . I am a master mariner, and my ship should have sailed this morning—I was in the Commercial-road last night about 7 o'clock—the prisoner caught hold of my watch-guard, and some other men attacked me behind—a struggle ensued between us, and I was thrown to the ground, and dragged about 20 yards—just before I had my watch in my hand—I saw it in the prisoner's hand—I held him fast—I tore his clothes nearly off his back in the struggle—I value the watch at 21 guineas—it was presented to me by my owner.
JABEZ RYE (Policeman, K 279). I heard cries of "Police" and "Murder" in the Commercial-road last night about 7 o'clock—I went in the direction of the cries, and found the prisoner and prosecutor on the ground—there was a crowd—the prosecutor charged the prisoner with robbing him of his gold watch—I produce the prisoner's coat—it is very much torn.
GUILTY .— Confined Eighteen Months .
158. The following prisoners PLEADED GUILTY:
JAMES HOSKINS (34), JOHN GREEN (19), GEORGE SMITH (17), and GEORGE HUGHES (15) , to breaking and entering the shop of Andrew Campbell, and stealing 2 watches and 40 gold chains, his property. HOSKINS, SMITH, and GREEN— Confined Eighteen Months each . HUGHES—. Confined One Month and Three Years in a Reformatory [Pleaded guilty: See original trial image.]
OLD COURT.—Tuesday, Jan. 9th, 1866.
Before Mr. Common Serjeant.
162. GEORGE WARD (25) , Stealing one £20 bank-note, 5 seals, and other articles, the property of Mary Turrell, in her dwelling-house, and WILLIAM YEATMAN , feloniously receiving the same; to which WARD PLEADED GUILTY.— Judgment respited . MR. MONTAGUE WILLIAMS for the prosecution offered no evidence against YEATMAN.— NOT GUILTY .
JOHN SEAMAN . I am a seaman—on Saturday night, 23d December, about 11.30, I was standing in ship-alley alone—the two prisoners and other men came up and said, "Have you got a pipe of tobacco?"—I said, "No," and one of the prisoners snatched my watch from my waistcoat pocket—they all ran away—I ran after them—I lost sight of them, but they were brought back by a policeman a few minutes afterwards, who showed me my watch—the guard was broken and left hanging on my neck.
ROBERT WILSON . I am a dyer of the ship-alley—on Boxing night I saw Sullivan running, followed by a policeman—I heard something fall when Sullivan was stopped, and picked up this watch and gave it to the policeman.
Sullivan. Q. Was I running when you saw me? A. Yes, when I heard the cry, but you were stopped—I did not state at the station-house that there was a man running by before you.
BENJAMIN STUBBINGS (Policeman, H 111). I heard a cry of "Stop thief"—I saw the prisoner running down Neptune-street followed by the prosecutors—I tried to stop them, but missed my hold—one of them was stopped by a sugar leaker—I told him to hold on till another constable came—Sullivan ran up Ship-alley and was stopped—I took hold of him and heard something fall—Wilson picked up this watch about a yard from Sullivan and handed it to me—Sullivan said, "You have made a mistake, it was not me"—I took him to the station—I had previously seen Mann stopped.
Sullivan's Defence. I saw a lot of men running—I ran with them—they ran into the Ship-alley to a beer-shop—a mob got round the door—I stayed at the door three or four minutes, and the constable laid hold of me—he said, "This is one, is it not?"—the prosecutor said, "Yes, I think that is one, I have lost my watch"—I said, "You have made a mistake, I have been standing here three or four minutes"—the man first said he found the watch four or five yards from me, and afterwards he said two yards.
Mann's Defence. I saw a lot of people running, and I ran too; a person called out "Stop thief!" and a man caught me in his arms; I did not know what it was for—he knows I pass his door every morning to work.
COURT (to ROBERT WILSON). Q. Do you know Mann? A. I know him by sight, by seeing him go by to his work, which is in the Docks, I believe—Sullivan was two yards from the watch.
GUILTY .—They were both further charged with having been before convicted, Sullivan at Clerkenwell, in July, 1865, when he was Confined Four Months; and Mann at this Court in June, 1864, of robbery with violence, Confined One Year; to this they both PLEADED GUILTY.— Seven Years each in Penal Servitude .
NOT GUILTY .
PATRICK BARRY . I live at 30, Tunbridge-street, Euston-road—I have been a soldier, and have three Indian medals and four bars—I have since been a labourer—on 27th December, about half-past 12, I was in a public-house in Tunbridge-street, with Ann French, who is a friend of my wife's—as I came out I saw the prisoner and five or six others—the prisoner stood on my left, about two yards from me as I came out—I stood still, and he said to a man, "Jack, you be on to him, and, God blind me, I will not miss him this time"—a man in a lightish coat then came up and struck me on the eyebrow, a sharp blow with something sharp, I cannot say whether it was his fist—I have the mark still—it bled furiously—the prisoner then came up and made a grasp at my medals—he only left me this one bar—they were silver—he ran off the roadway, but the female who was by my side seized him, and a man seized me at the same time, who held me, and prevented me following the prisoner—I had never seen the prisoner before—I am sure he is the man—the medals were dropped into my area last Wednesday week. (The COURT considered that, though there was an assault, there was no evidence of any intention to rob.) NOT GUILTY .
NEW COURT.—Tuesday, January 9th, 1866:
Before Robert Malcolm Kerr, Esq.
166. WILLIAM JARVIS (36) and RICHARD DONOVAN (20), PLEADED GUILTY to Stealing 12 lbs of pork, the property of Richard Collins , Donovan having been previously convicted. Confined Eighteen Months each .
MR. WARTON conducted the Prosecution, and MR. TAYLOR defended Wagner.
WILLIAM BUTTERICK (City-policeman, 108). At 8 o'clock in the evening of 18th December, I was at Mr. Wilson's, 8, Bunhill-row—he is a cap-blocker—I got from him six dozen of "tops" (produced)—I waited in the shop about ten minutes—I met Wagner in Bunhill-row—I told him I was an officer, and should apprehend him for stealing twenty-seven yards of velvet—he said he knew nothing about it—I then took him into Mr. Wagner's shop, and he said he bought the velvet of a lad named Higgins—Higgins was given into my custody the same evening, charged with being concerned—at the station, and in the presence of Wagner, he said that they both went through the passage of the house in Jewin-street, that they got in at the window, and that Wagner helped himself to a box off a shelf in the shop, that they went into Aldersgate-street, and that Wagner there gave him sixpence for the velvet.
Cross-examined. Q. How came you to go to Wilson's? A. From information I had received—I apprehended Higgins about 6 and Wagner about 8 o'clock the same evening—when I first saw Higgins I told him he was suspected of the robbery, as he had been seen about the house—he first of all denied it—I told him I knew he had, as the housekeeper had seen him—he then said that he went through the passage with Furney, meaning Wagner, and that Wagner helped himself to this box—I then went in search of Wagner.
ELIZABETH WAGNER . I am the wife of Gustavus Wagner, of 2, Jewin-crescent, a cap-maker—Higgins was in our employ as errand-boy for about four months—Wagner was also in our employ, for eight or nine months—he left us about six weeks prior to the robbery—we missed the box of velvet on the 16th—the last time I saw it was on the Thursday previous—there were twenty-seven yards and three-quarters, worth about 3l. 10s.—this velvet cap (produced) is made of the same sort of velvet, and, as far as I know, it is my velvet.
Cross-examined. Q. As far as you know, but you cannot pretend to swear to that velvet? A. I cannot say, it looks to me very much like our velvet, because we always use the same quality and colour—we use thousands of yards of it—Wagner is no relation to us—while he was in our service, we always thought he was an honest young man—we discharged him because we did not want him—since he left us I believe he has been doing a little business on his own account—he has taken some caps to one of our hands to make.
MR. WARTON. Q. Are there a number of qualities of this velvet? A. Not a number, perhaps two or three different qualities.
of it—it is a remarkable kind, and there is not much of it in the market—it is what we call the best patent velvet.
Cross-examined. Q. Have you any mark on it? A. There was a mark on the box, but the box has been taken away—the mark is not here—it is the very same quality that I bought.
WILLIAM THOMAS WILSON . I am a cap-blocker, at 97, Bunhill-row, and work for Mr. Wagner—on Saturday afternoon, 16th December, between 2 and 3 o'clock, the prisoner Wagner called at my place—he asked me how many yards of velvet it took to make half a gross of caps—I told him—afterwards he came and said he wanted nine dozen, and he asked how much it would take, I told him fourteen yards and a quarter—the next time he came, he brought the fourteen yards and a quarter—he said some new party was going to start in the line, but he should not say who it was—my charge for blocking was 7s. 6d. and he paid half a crown as a deposit—I told him they would be ready between 4 and 5 on Monday—later on the Saturday evening he came again, and gave me the other 5s.—he came with the policeman on Monday evening.
Higgins' statement before the Magistrate: "Wagner came down to my master's house, and asked me if I could take a box; I said I did not mind; he said, he would give me sixpence, and in the night, about 6 o'clock, he came to me again, and asked if I could take a box; I said, 'Yes,' and he came along with me to take down some work from my master's shop."
NOT GUILTY .
MR. COLLINS conducted the Prosecution, and MR. W. SLEIGH the Defence.
RICHARD DALLAR . I am a timber-merchant, at 17, Pownall-road, Dalston—I have known the prisoner years, and have occasionally employed him as engineer—in the summer of last year he was making an engine for me, and I advanced him money on account of that engine—on 18th July, he brought me this bill of exchange (produced) in precisely the same condition as it is now—he said that he had taken it of Mr. John Eades, a gentleman in Pump-court, Union-street, Borough, who he was doing work for and who paid him that in lieu of cash—I gave him a cheque for 15l.—the bill became due on October 1, and my solicitor presented it—I got no money for it—in consequence of what I heard from Mr. Eades, I applied for a warrant on 1st October. (Bill read, dated 28th June, for 20l. payable at three months, accepted by John Eades.)
Cross-examined. Q. Did Mr. Gilbert enter into a contract with you to build an engine for 75l.? A. To build a portion of an engine for 75l.—it was not upon the understanding that I was to provide the money from time to time for the material—I was to supply the iron castings in time for the engine to be completed, but I was not to supply him with the money for the purpose of obtaining those materials—I supplied him with money to aid him in finishing the engine, not to buy the materials—I supplied him with about 36l.—he was constantly wanting money—he has never completed the engine—Mr. Gilbert gave me an undertaking that the engine should be completed on the 22d, and if it was not completed, I was to enter and take possession, which I did.
COURT. Q. Had you to take possession of the engine? A. I had; but the day it was to be delivered to me, he removed it miles away from his place and it cost me weeks and weeks to find it.
MR. W. SLEIGH. Q. Was 75l. a small charge? A. No, it was a first-rate charge.
Cross-examined by MR. COLLINS. Q. Had the 15l. that you advanced on the bill anything whatever to do with the engine? A. No—I had a great deal of trouble in finding the prisoner.
JOHN EADES . In July last I was a timber merchant, and lived in Pump-court, Union-street, Borough—I have known the prisoner four or five years—I never authorized him nor any other person to sign my name to a bill—this is not my acceptance—I never knew of another John Eades in Pump-court—I never accepted any bills in blank for the prisoner.
Cross-examined. Q. Did you know Gilbert when he carried on business in Boston-street, Hackney-road? A. No, but I have heard he did so—he has carried on business ever since I have known him, near the Old Kent-road—I had one transaction with him amounting to 20l. in, I think, 1859 or 1860—he entered into a contract with me to fit up a steam-engine at my saw-mills—that amounted to 210l.—I agreed to supply him with money as the work proceeded—I gave him bills instead of money, as I could not get my work, and after he had received 90l. of me, he became bankrupt—he never met any bills of mine when they became due—he accepted two bills, not for me, but for himself, and he got them discounted—I don't know what he did with the money.
COURT. Q. You say you never got the work? A. I got part of it at last, after paying double the money I ought to have paid for it.
MR. W. SLEIGH. Q. Do you mean to say that this work was never completed? A. Never; it was partly finished, dragged along anyhow—I know a Mr. Brown—I do not believe I was ever sued upon a bill by him—I am not now indebted to Gilbert, I have overpaid him—I used to met Gilbert sometimes at the Crooked Billet tavern, King William-street—I do not remember meeting him on 28th June—I never met him while his son was with him—the acceptance on this bill is written lower down than usual—I do not remember signing a bill low down like this in the Crooked Billet, so that the people in the dining-room should not see me sign it—I know a person named Dover—I do not remember signing a deed of composition of his for a debt that was due to me—I had no debt due from him, so that I could not sign it—he asked me to do so, but I would not do it—Mr. Dallar did not threaten to sue me upon this bill—I went to Mr. Dallar before the bill was due; as soon as he sent to me—when this charge was brought at the police-court, a summons was issued for my appearance which I did not receive, and afterwards a warrant, and I was apprehended upon that warrant.
MR. COLLINS. Q. Was, the warrant merely to compel your attendance as a witness? A. Yes—I did not receive the summons until 4 o'clock on the day on which it was due—I advanced 90l. on the 210l. contract, but I never got my 90l. worth.
WILLIAM STEVENS (Policeman, P 19). I was in search of the prisoner two months before I apprehended him—I saw him in the Old Kent-road, at 8 o'clock on the morning of 18th December—I said, "Mr. Gilbert, I want you for forgery"—he said, "My name is not Gilbert"—I said, "You are the person I want"—he then said, "Let me see my son, who has just left me"—we went back a little way to overtake his son, who came up, and the prisoner said there were some papers at home that he wanted—we returned, and while going up the Kent-road, he said, "I forgot to tell him about my solicitor; let me go to my house, and I will pay for a cab"—I said, "You cannot go to your house"—he tried to persuade me several times to let him
go, but I refused, and said, "You must go to Worship-street"—he got into a cab, and when in the Borough he again wanted to go to his solicitors, but I would not allow the cab to go there—he then wanted to telegraph to his solicitor, and went into the telegraph office for that purpose—when he came out of there he said he wanted some breakfast, and went into a coffee-house, where he escaped through the back door—he ran through the market—I followed him and caught him—I then put him into a cab, and took him to the station—when the charge was read to him at the station-house, he said, "I am not guilty; the signature on the bill is Mr. Eades"—4l. 2s. 1d. was taken from him at the station. GUILTY .
He was further charged with having been convicted of felony in February, 1852; to which he PLEADED GUILTY.— Seven Years' Penal Servitude .
MR. LANGFORD conducted the Prosecution, and MR. PATER the Defence.
MARTHA DAVIS . I am single, and used to live at 39, Sussex-street, Tottenham-court-road—Matilda Wyatt lodged there, and so did Vincent and his wife—about 2 o'clock on 12th December, I was in the washhouse—Vincent and his wife came down into the washhouse—Matilda Wyatt was there—Vincent put his fist in Wyatt's face, and said that if she came any of her nonsense with him, he would let her know what he would do for her—he kept on in this abusing way, until Mrs. Wyatt took up a jug, filled it with suds, and said that if he kept on using that abusive language, she would throw the contents over him—he put up his foot and kicked the jug out of her hand—the jug was broken into about twenty pieces—at the same time he drew from his side a knife, and thrust it towards her stomach—she put her hand up to prevent it, and received a cut on her hand—I saw the blade of the knife—it struck her hand.
Cross-examined. Q. Was not Mrs. Vincent in the washhouse first? A. No—Mrs. Wyatt had not been abusing Mrs. Vincent some considerable time before Mr. vincent came down—she never uttered a word—Mrs. Wyatt was ejected from the house for disorderly conduct—I do not know that she is a disorderly person—no suds were thrown over Mrs. Vincent by Mrs. Wyatt or me—I have known Mrs. Wyatt twelve months—I am single, and my father supports me—his business is in Cleveland-street—I saw him last on Saturday morning—I did not know Mrs. Wyatt when she kept a brothel at 4, London-street—I did not know that she did so—I have not heard Mrs. Wyatt say that the cut on her hand was done with the jug.
MATILDA WYATT . I am the wife of James Wyatt, and live at 7, Warner-street—on 12th December, I was living at 39, Sussex-street—the last witness was living with me—at 1 o'clock in the afternoon, I was in the washhouse—Mr. and Mrs. Vincent and another man and woman came there—Mrs. Vincent came on one side of me, and Mr. Vincent the other—they both began abusing me dreadfully, calling me names—Mr. Vincent put his fist in my face—I took up a jug of water and said, "If you strike me, or repeat that language, I will throw this water over you"—in a few minutes the washhouse was cleared, leaving Mr. Vincent there—he kicked a jug of water out of my right-hand, and at that minute he thrust a knife at me, and I received a cut on my finger—I was then taken to the hospital.
Cross-examined. Q. What hospital? A. The Middlesex—I did not tell the porter there that the wound was inflicted by a jug—I know Mr. Legrand—I did not say in his presence that the wound was inflicted by a
jug I held in my hand—I did not say so on the way to the hospital, nor at the hospital—I went to the University Hospital first, but I did not say so there—the jug was smashed—the knuckles of my right hand were cut—they were bleeding, and were dressed at the hospital—I also had a cut on my left-hand—Mrs. Page was in the washhouse at the time it occurred—I think I lived at Sussex-street about four months—I did not give the lodgers and landlord a great deal of trouble during that time—I was ejected because I could not find other premises—Mr. and Mrs. Vincent came down together, but Mr. Vincent came into the washhouse first—I had not been abusing Mrs. Vincent for something, before Mr. Vincent came down—I never uttered one word—I have not used bad language since I have been in the house.
JAMES WORTHINGTON . I am house-surgeon at the Middlesex Hospital—the prosecutrix came under my care a short time ago—she had three wounds on the left-hand—she had a jagged wound in the palm, and a wound on the ring-finger, and the small finger, which were cleanly cut—on the inside—the cut in the palm, I should think, was inflicted by some blunt instrument, but the others were cleanly cut, and, I presume, they were inflicted by something sharp—a knife would be an instrument likely to inflict them.
COURT. Q. Were they deep? A. Tolerably so; those on the palm and on the ring-finger—they were such as might be inflicted by a sharp edge of a broken jug—she was in the hospital at first a fortnight, then she went out before she ought, and I had to readmit her, and I think she was under my care about a week longer.
Witnesses for the Defence.
MARY PAGE . I am married, and live at 36, Sussex-street—I was in the washhouse on 12th December, about twenty-five minutes to 3—Mrs. Wyatt was there washing—she left her washing, and followed me to the foot of the stairs, and called me an ugly gorilla—she said, "Come down here, you ugly sow, and see what I will give you;" and many other expressions of a similar character—Mrs. Vincent, was in the kitchen taking up her tea-things—Mrs. Vincent came out of the kitchen, and Mrs. Wyatt called her a b—sow, and said, "Come here, and see what I will do for you"—Mrs. Vincent says to me, "Don't have anything to do with her"—Mrs. Wyatt then turned round and abused Mrs. Vincent—Mr. Vincent then came down, and Mrs. Wyatt took hold of him by the shoulders, and said, "Come here; it is you I want; I will take the pluck out of you"—she tantalized him in that way—she dashed some water in his face, "Now," she says, "strike me; take the pluck out of me now; what can you do?"—Mr. Vincent kicked the jug, and smashed it in her hand—I was close to her, and must have seen if Mr. Vincent had used a knife—Mr. Vincent did not put his fist in Mrs. Wyatt's face when he came down stairs.
Cross-examined by MR. LANGFORD. Q. Had Mrs. Wyatt made use of those expressions before? A. Yes, frequently—she had called me an ugly gorilla before—I never spoke to her but once in my life—Mrs. Vincent did not make use of bad language to her.
ADOLPHUS HARA . I live at 39, Sussex-street, Tottenham-court-road, and am an importer and manufacturer of French and English bonnet-shapes—I was attracted down stairs on the 12th by this disturbance—Mrs. Page went to empty some water out of a saucepan, and the prosecutrix insulted her, and called her all sorts of names—Mrs. Vincent was down stairs getting her tea-things, and as she passed by to go up stairs, she said to Mrs. Page, "Don't talk to those people; they are bad people; don't have anything to say to them"—Mrs. Wyatt then abused Mrs. Vincent—Mr. Vincent then
came down, and she told him to go and feed upon his wax-ends—she pulled him by the sleeves, and said, "Come here; I will take the pluck out of you;" and she took a jug of boiling water, and threw it over him; I had some of it on my coat and face: then Mr. Vincent up with his fist and broke the jug—there is no pretence for saying that Mr. Vincent put his fist in her face when he came down—he could not have drawn a knife at her without my seeing it, as I was beside him.
WILLIAM WEEKS . I reside at 2, Huntly-street, and am the landlord of 39, Sussex-street—I have known the prisoner about two years—he is a very quiet, harmless, inoffensive, industrious man—Mrs. Wyatt has occupied rooms in that house for about four months—she came there with a false reference—I should be sorry to state all I know of her—she is not a person that I should believe on her oath—I remember this disturbance taking place—I was there—I heard her say at the University Hospital that the wound was inflicted by a broken jug.
HENRY BALDWIN . I am porter at the University Hospital, Gower-street—I remember Mrs. Wyatt coming there between 2 and 3 o'clock on the 12th December—I asked her what was the matter with her—she said, "I have only fallen down and cut my hand with a jug"—she appeared inebriated—I keep a small book, in which I enter these things.
Cross-examined. Q. Did you make a note in writing that the woman said she had been injured by a jug? A. Yes, I did, in a small book for my own information—I have not brought that book with me—I did not make a note in my book that she was intoxicated.
LOUIS LEGRAND . I am a dresser at the hospital—Mrs. Wyatt came there on 12th December—I examined her left hand—there was a pretty deep cut in the palm of the hand, and two or three other cuts on the fingers—the cut in the palm of the hand was a jagged wound, and might have been done with anything blunt or rough—it is possible that it might have been done with a piece of crockery ware.
The prisoner received a good character.— NOT GUILTY .
MARY WALL . I am the prisoner's mother, and the wife of the deceased—I live at 1, Love-court, Ratcliffe—on the evening of 17th December, or the morning of the 18th, my husband came home, very much in drink—he came home so—the prisoner shortly afterwards came home, also in a state of intoxication—his father was sitting by the fire—he said, "You are drunk, father"—his father made use of very low words, and said, "Yes I am, so are you"—the prisoner told him to go to bed—his father said he should go when he thought proper—I said to the prisoner, "Go to bed, Thomas, never mind, he will go to bed when he gets sober"—the prisoner went up stairs, and his father flung a fire-shovel after him—then he flung a little dog which belongs to the prisoner out—I was in bed—a short time afterwards I heard the prisoner come down stairs and go out—his father followed him, and said he should not come in—there was a disturbance, and I went and fetched a policeman to prevent any words between them—when I came back I found his father sitting at the end of the table—the prisoner was up stairs with his brother—I do not know anything about any blows being struck—my husband was lately given very much to drink.
deceased sitting in a chair, by the side of the fire—he was dressed, and covered with blood—he was bleeding from different wounds in his face—he complained of his ribs being broken—he was very much the worse for drink—I went up stairs to the prisoner's room—he was in bed and asleep—I awoke him, and charged him with the assault on his father—he said, "The old man came home drunk, and it served him right"—I took him to the station—I did not tell him that three of his father's ribs were broken—I saw the body of the deceased at the London Hospital four days afterwards.
CATHARINE LYONS . I live at 2, Love-court, Ratcliffe, next door to the deceased—about 1 o'clock on the morning of 18th December, I heard a tussling noise—I took a candle, and went into Mr. Wall's house—the deceased was leaning under the table, and the prisoner was standing against the stairs.
JOHN ROSS . I am a surgeon, of 12, Albert-square, Stepney—I saw the deceased on Monday morning, 18th December—he was suffering from fractured ribs, and almost in a dying state—he had several contusions over different parts of his head—I put him in a cab, and sent him to the London Hospital.
COURT. Q. Could these fractured ribs have arisen from falls? A. Certainly—he was upwards of seventy years old, and of course then the bones become very brittle.
JOHN DAWSON . I am house-surgeon at the London Hospital—on 18th December, the deceased was brought there, between 11 and 12 in the morning—the fifth and sixth ribs on the left side were fractured—there were contusions on his chest, both his eyes were blackened, and there were some slight scratches on the face—I attended him till the 21st, when he died—I made a postmortem examination of the body—the fifth and sixth ribs were broken; there was a wound in the pleura under one of the intercostal ribs, and there were three pints of blood in the left cavity of the chest.
COURT. Q. With regard to the broken ribs, I presume they might be caused by a blow or a fell? A. Yes.
The prisoner's statement before the Magistrate being read, stated that he went home and found his father drunk, who caught hold of him and tried to prevent his going to bed, but did not succeed; that his father then threw a puppy outside the door, and the prisoner went down and took it in, when his father struck him on the head with a quart pot, and as he went up stairs again, threw the tongs and shovel at him, upon which they fought, and he struck his father two or three blows in the face, and he fell over a chair on to a table, and his face went through a window, and was cut; that he then called to his brother to come down, and take his father away, when Lyons came in with a candle, and that he did his best to get away from his father, but he would not let him go. NOT GUILTY .
OLD COURT.—Wednesday, January 10th, 1866.
For the cases of James Braun and William Shirley, tried this day, see Surrey Cases.
NEW COURT.—Wednesday, January 10th, 1866.
Before Mr. Common Serjeant.
MESSRS. METCALFE and BESLEY conducted the Prosecution, and MESSRS.
THOMAS D. GORDON . I am a gentleman—in December last, I was stopping at Long's Hotel, Bond-street—I had two rings with me (produced), which I had purchased of Messrs Hunt and Roskell—in the large one there was a sapphire, worth about 220l. and in the small one, a turquoise, worth about 35l.—I last saw them about 2, or half-past 2, on the afternoon of 4th December—they were then in the chest of drawers in my bed-room at Long's Hotel—I missed them at about 6 or half-past, when I went to dress for dinner—the gold part of the rings has since been shown me by Inspector Potter—I have not seen the stones since.
WILLIAM CAVE . I am one of the managers at Messrs. Hunt and Roskell's—Mr. Gordon is a customer of theirs—I sold him two rings, one containing a sapphire, and the other a turquoise—these are the rings—the mark of the firm is upon one of them, but not upon the other, as it was made to order—I speak positively to both of them.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Is it a number that is on the ring? A. A letter and a number—I have some difficulty in finding it, but it is here—my glass is a very fair magnifier, but it is not strong enough for this—it can be found if necessary.
COURT. Q. When you identified it, did you identify it by the mark? A. No, I knew the ring.
THOMAS AMBROSE POTTER (Police-inspector, G). I, in company with another officer, went to the prisoner's house in Wilderness-row on the evening of 7th December—a gentleman named Willis was also present—it is a small shop, and the business of a refiner and gilder is carried on there—there are jewellery, chains, rings, and so on, in the window—he was not at home when I went—I afterwards found him in a public-house in St. John-street, Clerkenwell—I asked him if he had bought any jewellery that day—he said, "No"—I said, "Are you sure that you have not bought any gold rings today?"—he said, "No, I do not remember that I have"—I asked him if he had any books—he said, "Yes"—I asked him if they would tell—he said, "Yes"—I said, "Now, Mr. Collingridge, do you mean to tell me that you have not bought any unfinished rings today?"—I pointed to a cab that was standing at the corner of Wilderness-row, and said, "For I have a man in there of whom you bought some"—he said, "I have some faint recollection of buying two rings last night"—this was about half-past 10—I said, "Come along with me; I must have the property," and then we went up Wilderness-row towards his door—he then half-fainted, and fell against the door-post—he said, "Oh, I have a piece of paper that will clear me"—he gave me a letter and these fifteen rings—I observed him putting his hand up his sleeve—I said, leaning across the table, "What have you there, Colling-ridge?" taking hold of his hand—I opened it, and took from it these two rings—I said, "How do you account for the possession of these rings?"—he said, "I do not know, Oh! I bought them of a man over the counter today"—I said, "Who is the man?"—he said he was a stranger—I said, "Where are your books?"—he said, "In here," and he went into the front
shop and struck a light—I said, "Is there any entry of those two rings in your books?"—he said he did not know that there was—he had previously told me that there was an entry of fifteen rings in his books—I have looked at the books, but there is no entry of the rings—he did not know either the name or address of the person he bought these two rings of.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Did you ever say before, that he nearly fainted? A. Yes—I swear that, or appeared to be in a fainting state—I will not swear I said before the Magistrate that he had half-fainted; I believe I said he appeared to be in a fainting state—I told Collingridge that I had the man in the cab of whom he bought the rings, but I did not mean these two rings, as I did not know anything about them then—there is a large warehouse at the back of the prisoner's shop, with several fire-places in it—it is a workshop in appearance—I have not been in the shop early—I had the conduct of Pellizzioni's case—I was never charged with keeping back witnesses in that case, I received great praise for my conduct.
MR. METCALFE. Q. Were you inquiring about other matters when you went to see the prisoner? A. Yes—I was promoted to a sergeant the same week as Mr. Serjeant Ballantine was, and I was made an inspector the same week that he received his patent of precedence.
The prisoner received a most excellent character; in reply to which, MR. METCALFE re-called—
INSPECTOR POTTER. I have known this place kept by Collingridge since 1857—I traced some property there that was stolen from Lady Ellesmere's, in Park-lane—it was from information I received from a prisoner under sentence—since that time I have had, on a number of occasions, reasons to suspect his place, and to have it watched—I have a number of watches and spoons here that I took from his stock—nearly all of them have been altered.
THOMAS KNOWLES (Policeman, G 200). I have known Collingridge and his shop about fourteen years—he was summoned once for having stolen things in his possession—I have seen him in the company of a man who was tried and sentenced to fourteen years.
Cross-examined by MR. SERJENT BALLANTINE. Q. Are you under Inspector Potter? A. I am—he is my superior officer—I was present on one occasion when a summons was heard against Collingridge—that was for having in his possession a soldier's medal—he was fined 3l. 0s. 6d., and three times the value of the medal—that is four or five years ago—I have never made a charge of any kind against him—I do not suspect all the refiners in the neighbourhood—I know of only one case in which he has been the means of restoring stolen property, and that was a bar of silver about six weeks ago.
MR. BESLEY. Q. Who was the person that you say you saw him with upon one occasion, the convicted person? A. A Mr. Gray, of Clerkenwell-green; he was transported, but he has returned NOT GUILTY .
Recommended to mercy by the prosecutor.— Confined Twelve months .
MESSRS. METCALFE and BESLEY conducted the Prosecution, and MESSRS.
RICHARD WILLIS . I am in partnership with my brother at 21, Red Lion-street, Clerkenwell, as manufacturing jewellers—Pridham was in our service—he had been with us about a month—he was a polisher—he remained in our service up to the 6th—the next morning we missed him—he did not return to his business—the polisher that sat next to the prisoner brought me eleven instead of twelve brooches, and I told him to search Pridham's case, perhaps he would find the missing one there—he came back, and said there was nothing at all in the case—I then missed sixteen gold rings, which Pridham had the day before to polish—we have a punch, which has been used by me and my father before me for a great many years—it is registered at Goldsmith's Hall as our trade mark—all our rings are stamped with that punch—these fifteen rings are so stamped, and they are the same that I gave Pridham to polish—they are by no means finished and fit for sale; they are not polished sufficiently for polished gold, nor are they coloured, and some portion has to be cut away for the stone—I have never, in the whole course of my life, known rings to be sold in that state—the actual value of the gold, as I put it, is 13l. 15s., but, including the work, they are worth 20l.
Cross-examined by MR. SERJEANT BALLANTINE. Q. It is 18-carat gold, is it not? A. Yes—the weight is, I think, four ounces, and it is worth 70s. an ounce—I know Johnson and Co. of Hatton-garden—I believe they are first-rate assayers—18-carat gold is worth more than 63s. an ounce—I always charge 70s.—our trade-mark is inside the ring, and our work is known by that mark—it is "R. M."
RICHARD WILLIS , Sen. I conducted this business before my sons—the punch produced is our trade mark—there are two punches, one is left at Goldsmith's Hall and the other we have, and when work is finished we stamp "R. M." in the shank of the ring, and then it goes to the Hall and they put their mark—I have carried on business 30 years—I never sold rings in that state.
JAMES PRIDHAM (the prisoner). I am 18 years of age—I have known Collingridge about six or eight years—I was in the service of Mr. Willis—his shop is about five minutes' walk from Collingridge's—I entered their service about five weeks before I was taken into custody—I went to Collingridge's about half-past 8 or 9 on the Monday or Tuesday evening—the shop was shut up but the door was not bolted—I went in and and saw Collingridge there—I told him I wanted some money, that I had got two rings, and I asked him to advance me 1l. or so for a day or two—he advanced me 1l. and I told him I would call in a few days—he made no inquiry of me as to where I procured the rings—two days having elapsed I went there again; the shop was then full of people, and I waited outside about twenty minutes; this was at half-past ten on the Thursday morning—after I thought all the persons had left, I went in, but I found another person sitting behind a clock—I had these thirteen rings with me—I gave Mr. Collingridge the rings wrapped up in paper, and said, "Here is thirteen more of them rings, I want to sell them"—he said, "Just give me a piece of paper where they came from"—I then went into a coffee-shop and wrote this letter (Read: "28, Hawley-crescent, Camden-town, December, 1865. Sir,—The rings that I sent my son with this morning are the property of Mrs. Wallenstein, whose husband died last month, and she wanting to dispose of her property has let me have her rings to dispose of to the best advantage; so if you will forward the money
by my son and the receipt you will oblige. J. Pridham.")—the coffee-shop where I wrote this letter was about five minutes' walk from Collingridge's place—I was away only about three-quarters of an hour, and to go home where my father lived would have taken about two hours—I have never written in my father's name before—I gave the letter to Mr. Collingridge; he looked at it and threw it on one side—he then took some aquafortis and tried the shoulders and shanks of the rings, and he told me that the shoulders and tap were inferior gold to the shank—he put them in his tray and gave me 11l. 10s., which with the 1l. he had given me before for the other two rings, made 12l. 10s.—he did not ask me for an invoice—the rings were unfinished, they had to be coloured and then to have the stones set in.
Cross-examined by MR. SERJEANT BALLANTINE. Q. What is your father's Christian name? A. James—I intended this letter to represent that my father had written it—I have never done any little bit of forgery before—I did not mean to convey that it was written by my father—I said "my son" because I thought Collingridge knew all about it—I wished to write him as good a letter as I could, in case he should be found out, and if this letter were shown I meant to convey that it was written by my father—I intended Collingridge to use it, knowing it to be a forgery—I have been backwards and forwards to Collingridge's shop for the last six years—I have taken goods to be gilded to him from my father, but perhaps that is three years ago—on the 2d December I took a chain and a medal to be gilded—he said the chain came to 2s.—I did not say that I had not the money to pay for it—I did not say that I should feel obliged if he would lend me a sovereign on two rings until I came again—he advanced me 1l. first, and then said the chain came to 2s.—at the time I borrowed the 1l. I had 6l. in my pocket which I had saved up—the reason I wanted the money on these rings was, I had lost a diamond and I wanted to make it up, and I took the rings for a day or two, but intended to return them—the diamond was worth 7l. or 8l.—I used to do work on my own account of an evening for customers—Collingridge did not ask me whether the lady mentioned in the letter had administered—I do not know any such person as Wallenstein—it is a pure invention—Collingridge gave me a receipt on a bit of paper—I do not know where that paper is—I dare say I have lit my pipe with it—I have destroyed it in some way or other—it said, "Received so many rings so much"—I cannot swear whether the weight was specified—I remember seeing "Fifteen rings, 12l. 10s."
MR. BESLEY. Q. HOW much did the rings weigh? A. 4 oz.—I intended to return the rings on the Saturday, that is, the day the men are paid, and then I intended going to America—Mr. Collingridge knew my father two or three years ago, and knew where he lived—the address on the letter is his address.
MR. BESLBY. Q. Did you tell him you were going to search his premises? A. Yes, and that I must have the property.
COURT. Q. Was that on the way to his house? A. No, that was in a small room at the back of the shop.
MR. BESLEY. Q. Was anything said to him about the number of rings? A. Yes, as he was bringing them towards me I said, "How many rings have you bought?"—he said, "Twelve"—I counted them and found there were fifteen—when he told me twelve, I said, "Do you mean to include those two that you bought the night before?"—he said "Yes"—that was
said before I counted them—Mr. Willis was present, and after I had counted them I gave them to him—he looked at them and said they were his—Collingridge sat down and made some remark, that he was ill or that he was very much flurried—on the way to his house I asked him if there was any entry in his books of the property he had bought that day—he said, "Yes"—I took possession of his books—there is no entry in them of the rings.
Cross-examined by MR. SERJEANT BALLANTINE. Q. Did not he say, "You must excuse me, I am very much flurried?" A. He said he was flurried, but I do not remember his saying, "You must excuse me"—I cannot say that he did not say so—he did not tell me on the road to his shop that he had given 1l. for the two first rings; he told me so in his shop—he did not say that he had any dealings with the young man before, nor yet with his father; nor that he had been in the habit of bringing things from his father—I am quite certain of that.
COURT.Q. Was any young man present, or was any young man named? A. Yes, a young man was mentioned—he had not seen him in the cab—I suppose it came out in this way, that he said he had advanced 1l. for the two rings, to a young man with whose father he had had dealings.
Cross-examined by MR. SERJEAN BALLANTINE. Q. Did you take Pridham in custody? A. I did—on the way to the station he told me he had sold the rings to Collingridge in Wilderness-row, for 12l. 10s. and that Mr. Collingridge had at first refused to buy them, unless he brought a letter; that he then went into a coffee-house and wrote the letter, and took it to Mr. Collingridge's shop.
WILLIAM PARKER . I am a jeweller, of 7, Myddleton-street, Clerkenwell—I have been in business nearly thirty years—I have never bought any rings in the state these are, and I have never sold any. NOT GUILTY .
Before Mr. Common Serjeant
RICHARD STPIER . I am the son of John St Pier, of Barking-side, the deceased—I was with him in the Chequers public-house on 26th December, several people were in the room, and Mrs. Lucas, her son, and the prisoner—Lucas attempted to take his mother from the room, and in so doing knocked her down—he then hit me—my father came up to take my part, and Lucas hit him—the prisoner then got up, and said he would take Lucas's part, and attempted to strike my father, but I cotched hold of his arm, and told him not to do it—he snatched his arm away, and tore his coat—he then hit me once or twice, knocked me down, then flew to my father, hit him on the nose, and knocked him on the settle—he fell—the prisoner pulled him up again from the settle, and hit him twice more, but I do not know where—my father fell on the ground—the prisoner struck him three times altogether—I do not know whether the two blows were violent ones, but my father never moved or spoke after—he died on the spot.
Cross-examined. Q. At what time did the row take place? A. It was about 10 o'clock at night when my father was struck—he had not been drinking freely, but was not the worse for drink—he had not been drinking much—we had not been in the public-house from 10 in the morning till 11 at night—my father was dancing with Mrs. Lucas—she is a widow—she does not live with him—Lucas, who interfered, is her son—I was not fighting with a strange man first—I know Hunt—I was not fighting with him, but I was sparring, and playing with another man—Lucas struck his mother when she was dancing with my father—my father then interfered, and Lucas knocked him down—Bill Hoye was there when Lucas knocked my father down—Hoye said, "Why, Lucas, you ought to be ashamed of yourself, to strike an old man in that way"—there was a goodish row going on altogether—my father then said, "Jem, I will fight you;" and took his coat off—there was then a little bit of a scuffle—it was not in that scuffle that my father fell—I had had some drink, and had been pretty merry.
MR. COLLINS. Q. Were you the worse for liquor? A. No; young Lucas is bigger than the prisoner—he is not here—when my father got up from the blows Lucas gave him, he pulled his coat off—he was not bleeding at all then—he bled from his nose after Moss's blow—that was where Moss struck him—Moss struck him directly he had got his coat off—my father had not struck Moss—he never moved after the third blow.
COURT. Q. You say the prisoner pulled him up after he fell from the first blow; did your father stand? A. No, he pulled him up, and held him with one hand, and hit him with the other—I do not know where he fell—he fell on to the settle the first time, in a kind of sitting position—he did not roll on to the floor—Moss pulled him up from the sitting position—the settle had no back, but it was against the wall.
EDWARD WHITTINGHAM SULLIVAN , M. D. I live at Ilford—on 26th December, I made a postmortem examination of the deceased at the Chequers Inn—I found he bad suffered from slight bleeding from the nose, and there was a puffy swelling at the back part of the head, on the right side—on removing the scalp, I found, in the locality of that swelling, a quantity of effused blood under the scalp, and upon opening the scalp I found a large extravasation of blood at the base of the brain, which was the cause of death—looking at the external marks, I should say that whatever caused them, caused the extravasation of blood at the base of the brain—extravasation might arise from excitement—I cannot say whether it would be more likely to arise from a blow—in a man of his age, it would be quite as possible to arise from excitement and over fulness of the vessels.
COURT. Q. Judging from what you saw, what was the cause of death? A. The extravasation of blood at the base of the brain, caused by a blow or a fall—I say that under certain conditions, the extravasation would be as likely to arise from fulness of the vessels, but seeing marks of external violence inclines my opinion another way—there had not been much bleeding from the nose—his age was sixty-four—if I had not seen the marks of violence, I should, probably, have said that death arose from apoplexy, but seeing the external marks of violence, I am able to say that they make it in a high degree improbable that the extravasation arose from excitement and over-fulness—my opinion is that he died from the effects of extravasation of blood at the base of the brain, produced by violence—that is much more likely than that he died from over-excitement and over-fulness of the vessels, but it is not totally inconsistent with the other state of facts—the marks of violence do not exclude the possibility of over-fulness of the vessels and excitement—I have heard the evidence before.
Q. You have heard of a blow given to him by a man named Lucas, by which he was knocked on the ground; supposing the extravasation to have followed from that blow, would it have been so sudden as to prevent his rising again? A. Any blow that caused the extravasation, I found, must have killed him almost immediately—it could not have been the first blow.
WILLIAM DEVESON . I keep the Chequers public-house, Barking-side—on 26th December the deceased, the prisoner, and other persons were in my tap-room, at different times in the evening—I last saw them between 9 and 10, when I saw Moss push the deceased and strike him a blow—he fell on the floor—he might have caught like against the settle, but he fell on the floor—I was at the door, just passing from the parlour—I stopped when I saw him approach and strike him—I was about five yards from them—Moss then turned round and began fighting with another man, William Hoye—I separated them—I got Hoye out of the room—I had a good hard matter to prevent his brother from fighting with the prisoner, but I did—the deceased was lying on the ground all that time, where he was knocked down—it was a very short time, it might be a couple of minutes—I saw him carried out.—he was dead—I saw no more of the prisoner.
COURT. Q. You only saw him strike one blow? A. No; I do not believe he struck him more—if he did, it was after I left the room—he only struck him one blow in my presence, and I never saw him move afterwards—I went for a doctor, and the police—I was perfectly sober.
JOSEPH HOYE . I am a labourer, of Barking-side—on the evening of 26th December, I was at the Chequers—a disturbance took place—not a word passed between the prisoner and the deceased, but I saw the prisoner strike him—he fell backwards, and never rose again—I cannot say whether he fell on the table or on a settle—he hit on the settle first, I firmly believe, and then he fell on the floor—there had been fighting some few minutes previously—I saw the deceased's son have a spank on the head that was all; but I had only been in the house a very little time.
ROBERT PARKER (Policeman, K 148). I am stationed at Barking-side—on 26th December, I was on duty near the Chequers, and at a few minutes before 10 in the evening, I saw Moss leave the house, and run in the direction of home—I had heard a little disturbance in the tap-room—I went in, and found St Pier in his son's arms.
WILLIAM SOUTH (Policeman, K 233). On 26th December, a few minutes past 10 in the evening, I received information, went to the prisoner's house and found the door fastened—I knocked, but could get no answer—I burst it open, and found him partly undressed, and in the act of getting into bed—he did not seem to have been drinking, in the least—I told him I took him in charge for killing John St. Pier—he said, "You cannot do anything to me, for I did not do it."
COURT to DR. SULLIVAN. Q. You gave your opinion before upon what you saw at the postmortem examination. A. Yes—the inclination of my opinion was, that the violence caused the extravasation and death, but that it was consistent that death might have arisen from excitement, and over-fulness of the vessels, though that is not very probable: taking into consideration the evidence which I have heard, it certainly leaves room for doubt—from the age of the man, and what we know of his proceedings during
the day, there is a possibility of its arising from excessive excitement—there was no fracture of the skull, and the puffy swelling was not over the seat of the injury—the extravasation was the result of the rupture either of several small vessels or one large one—I did not ascertain which—it is the occasional result of a blow that vessels are ruptured, as in the case of prize-fighters, and the case of over-fulness; that is the common form which it takes—drinking, dancing, quarrelling would undoubtedly have a tendency to increase the peril from over-fulness of blood.
NOT GUILTY .
MR. WHARTON conducted the Prosecution.
MARY ANN EARLE . I am the wife of Thomas Earle, who keeps the Volunteer beer-shop, Plumstead, Kent—on Sunday morning, 10th December, between 10 and 11, my husband was out—the prisoner came in and asked for a glass of ale—I refused to serve him, as it was Sunday, but he begged very hard, said he was a traveller, and had come a long way, and so I let him have it—he gave me a half-crown, which I put in the till, and I gave him 2s. 4d. change—my husband and the waiter came in before he had left—my husband said I had done wrong in serving him, as it was Sunday—I told the prisoner to drink up his ale and go, which he did—after the half-crown had been in the till a little while, my husband said something to me about it—he and the waiter went in pursuit of the prisoner—I put the half-crown on a shelf in the bar—on Wednesday, 13th, between 5 and 6 o'clock in the afternoon, the prisoner came in again, and asked for a bottle of ginger beer—I looked at him very hard, and thought he was the same man—I served him—he gave me a florin—I put it in the till—there was only some small silver there—I gave him in change 1s. 6d. in silver, and 4d. in coppers—my husband said, "You are the young man that was here on Sunday"—he said he had not been there for twelve months—my husband went to the till, and the prisoner ran off—my husband went after him, brought him back, and gave him in charge—when he was brought back, I recognised him as the man who came on Sunday.
THOMAS EARLE . I am the husband of the last witness—I returned home on Sunday, 10th December, between 10 and 11 o'clock, and saw the prisoner standing at my bar, with a glass of ale in front of him—I asked my wife who that was standing at the bar, and she said, "A young man who said he was a traveller"—I told him to drink his ale and be off, as it was wrong to be there on a Sunday morning—about ten minutes after he had gone, I looked in the till, and found a bad half-crown—there was no other money there—on Wednesday, the prisoner came again—I knew him the moment he came in—he asked for a bottle of ginger beer—I told him he had been there on the Sunday before—he denied it—I went to the till to look at the florin, and he walked out at the door—the florin was bad—I went after him, and gave him in charge with the half-crown and florin.
half-crown and florin—he said he had not been in the house on the Sunday morning, and that he thought the florin was good—I found 5s. 6d. in good money upon him—he refused his address.
GUILTY .— Confined Two Years .
175. HENRY SMITH (23) , Burglariously breaking and entering the dwelling-house of David Boyd, and stealing therein a quantity of cigars and other articles; he was also charged with having been previously convicted of felony.
He PLEADED GUILTY to the burglary, but not to the previous conviction.
The following prisoners PLEADED GUILTY:—
177. SARAH MARSHALL (16) , to stealing 1 child's rattle, 3 pairs of stockings, and other articles, the property of John George Moore, her master.— Confined Six Months; and [Pleaded guilty: See original trial image.]
178. ISABELLA ELLIS (17) and JANE COOK (16) , to burglariously breaking and entering the dwelling-house of Mary Ann England, and stealing therein 8 table-cloths, and other articles, her property.—. Confined Eighteen Months each [Pleaded guilty: See original trial image.]
Before Mr. Common Serjeant.
HENRY ROLLESON . I am a member of the firm of Rolleson and Sons, of Birmingham—on 24th August, I was indebted 20l. 5s. to the Patent Plumb ago Crucible Company—I paid the prisoner that sum on that day, at my office—I knew him as the traveller of the Company—he gave me this receipt (produced).
EDWIN WRIGHT . I am in the employ of Messrs. Foster and Sons—on 5th December, they were indebted to the Patent Plumbago Crucible Company 41l., and I paid the prisoner this cheque on their account (produced)—I believe that to be his writing on the back of it—it was afterwards returned to me—his receipt is here.
RICHARD WALKER . I am a member of the firm of Richard Walker, Brothers—in September last, we owed the Patent Plumb ago Crucible Company 28l. 17s.—I paid that to the prisoner at our counting-house in Bury, in Lancashire, as traveller to the Company—he was in the habit of calling in that capacity—he gave me this receipt (produced).
THOMAS VAUGHAN MORGAN . I carry on business under the name of the Patent Crucible Company, at Battersea, with my five brothers—the prisoner entered our service as traveller, in January, 1863, by virtue of a letter which I have—(This was from the prosecutors, appointing the prisoner as country traveller at a weekly salary of 60 s. the arrangement to be terminable at a month's notice)—that is the arrangement on which he continued in our service,
with the exception of certain alterations in salary—his duties were, to take orders and receive sums of money, which he was to remit to us not later than the following Tuesday—he would post them on the Monday, so that we should receive them on the Tuesday—his accounts were in this form (produced)—here is the name of the customer, the amount due, and the amount received—it was his duty to remit the money to us—he had no authority to endorse checks or bills, and he had been told so—it was not his duty to receive money at Birmingham—this (produced) is the first sheet we received after 25th August—there is no entry on it of any amount from Messrs. Rolleson—their name does not appear in it—it is a Birmingham account, and it was not his duty to receive it—the sheets did not come up regularly every week, and we had made complaints to him respecting that—Mr. Foster's account does not appear here—he had no authority to endorse that particular cheque—there is no entry on the receipt of 41l.—the endorsement on the cheque is, "For the Patent Crucible Company, Charles C. Cooper"—I never heard of this sum being received by him until I heard it from Messrs. Foster, about a week or nine days after—I instituted inquiries, and sent my brother down on 30th September to collect the Birmingham accounts, not supposing that they had been paid—this (produced) is the account from the 5th to 30th September—it would be transmitted to me on Monday, 2d October, and I should receive it on the 3d—here is no entry here of 28l. from Walker Brothers—their name does not appear here—I have got all the sheets here, but there is no such entry in any one of them—the warrant was issued on the 9th—the last time I saw the prisoner was the 15th or 16th September—we had a conversation—he said he thought ha paid the three amounts—they had nothing to do with this—they amounted to 30l. or 40l.—I asked him if he owed any more money, and he said "No."
Cross-examined. Q. When did he enter your employment? A. In January, 1863—his dealings in the country were not very extensive—it is a fact that he increased our customers some 4,000l. or 5,000l. a year since he has been in our service, as we had no traveller—the business principally conducted by him was very extensive, especially in the north of England—his expenses ought always to have been paid him in advance, but occasionally he used his own money, and then we sent it to him—he had no authority to sign cheques or endorse or draw bills—we instructed him at some date, which I cannot tell you; to get as much money as he could, and not bills—I am not aware that he was in the habit of endorsing cheques up to this time—he could have done it without our knowledge—we should not have found it out if he had—we Were not aware that he was in the habit of doing it—in two or three instances I called his attention to it, and told him not to do it again.
Q. At the time you sent for him to London, what was there due to him on account of salary? A. There was nothing due to him for salary up to 30th September—there was not 39l. due to him up to 30th September—I was examined before the Magistrate, and stated that there was 39l. salary due to him, but it was an error—there was nothing due to him for travelling expenses, it was all paid up to 30th September—there was not 40l. 5s. 9d. due to him for travelling expenses in September—the account he sent up was from 1st October to the time he left our employment—that 40l. was not paid—it became due in October, for travelling expenses—he has taken his travelling expenses out of his receipts, but it was distinctly contrary to our orders—we do not admit that we are somewhat careless in our book-keeping—I wrote this letter—(This contained the following words: "Ones and: for
all, this must not occur again; when we write for remittances, it seems that we are careless in our book-keeping")—if we make an application for money, that does not prove that we are careless—I have got the books here—we sent for the prisoner up to town some time in October—the warrant was issued before we were furnished with a copy of the accounts between us and the prisoner—the accounts are in writing—this (produced) is an account sent to us before the warrant was issued—three sums were accounted for by the prisoner before the warrant was executed—I knew perfectly well where he resided—I sent my brother down to take a warrant out against him at Manchester, but we found we could not proceed against him there—after the warrant was issued, he came up to London and gave us his address—he has a wife and nine children.
MR. SERJEANT ROBINSON. Q. You say he sent you an account after the warrant was served; is this the account (produced)? A. Yes—here is a memorandum on it of the date it was received, 13th November—I believe the two first accounts contain the two first sums which he received on account, and has not accounted for—the three sums he is charged with embezzling are in one of these accounts—that was the very first time I heard of his having received these sums—in this general account, here is a sum of 640l. which he admits to be due—it is in October, 1864—that was due for certain sums which he embezzled before, and which were looked over—the next item is 329l. 11s. 3d. and the next, 6l. 5s.; those are all sums that he has received on our account, and has not accounted for.
COURT. Q. After this account was received, you say you had a conversation with him on it; A. No, not after this account; he rendered this as the account as it then stood between the firm and him—he says that we are indebted to him.
MR. SERJEANT ROBINSON. Q. Indebted to him in 1,000l.? A. yes—in order to bring the balance in his favour, here is a charge of 1,390l. for commission at 5 per cent. from January, 1863—there was never any arrangement that he should act on commission, nor did he ever make any claim for commission before the warrant was issued—the 640l. and the 969l. which he admits is due to us, was settled without any claim for commission on his part—that was after he had been in our service nearly two years—part of the arrangement that was made was, that he should give a bill of sale for his furniture—we put some one in about the time the warrant was issued, and that person is in possession now—he delivered to me in October, or shortly afterwards, on account of his defalcations, a bond for 200l.—there has not been a farthing of interest received on it, and I treated the money as lost—the settlement took place in March, 1865, but it was up to October, 1864—there was no settlement in October, 1864—that was in consequence of his having received several large sums of money on our account—I suspended him, and told him to come up to London, and did not intend to employ him again—the amount in March was 256l. 9s. 10d.—he was suspended from October, 1864, to the end of the year—he admitted to have received on our account 370l. 0s. 11d. from June until now—he had received up to September, 177l. in Birmingham, which he did not account for, and when spoken to, he admitted 192l. 19s. 1d.—his salary was raised on 30th April, 1865, from 4l. to 5l.—before that he said that he could not live on his salary of 3l. a week—we afterwards raised it to 5l. and promised to give him 20l. at Christmas—we were not then aware of these sums—the whole of this has taken place since that—he was paid on 2d October, up to December 30th—we paid him at the end of every month, and this took place before the
month was over—this (produced) is his answer, acknowledging our letter of 1st September, 1865—it contains a cheque for 50l.—(Read: dated September 1st, 1865, stating that a cheque for 50l. was enclosed on account of the prisoner's travelling expenses, and inquiring whether he had received Parkinson and Rennie's account, if so, to enclose it by return of post; it also inquired if he had received any Birmingham accounts)—I have told you that he ought not to have received Birmingham accounts, but I heard that he had, and asked the Question—we always gave him a cheque for 20l. for his travelling expenses when he started, and when it was expended, he asked for a cheque for more—if he spent money, it would be his duty to account to us for it.
MR. WILLIAMS. Q. Do I understand you to say that you received that bill of sale, and also a bond on the South Essex Estuary Company? A. Yes; that was on 26th December, 1864, and the other was before that—since we have issued the warrant, we have put an officer upon the premises, and he is there now under the bill of sale—the prisoner has written to us over and over again stating that his salary was insufficient; in consequence of that, we raised it to 4l. a week on 26th July, and wrote to him to come up—he had never threatened to leave our service because he was not adequately paid—he did on one occasion write and threaten to leave our service, and I wrote to him to come up—the account given to us was given before the warrant was executed—we also received another security from the prisoner of 500l. from a gentleman named Hutchins, and another gentleman—that is the usual security for travellers' honesty.
MR. ROBINSON. Q. When did your brother go down to Manchester? A. On the Monday preceding the week when the warrant was taken out—I thought he would take out a warrant there, as all the witnesses lived there.
JOHN JOHNS (Policeman, V 69). I have a warrant against the prisoner for embezzlement, dated 11th November—on 13th November, I went to Manchester to execute it—I did not find him there—I returned to London, and found that he had been taken in custody on the 14th.
NOT GUILTY .
180. CHARLES COMPANY COOPER was again indicted for embezzling the sums of 22l. 12s., 19l.19s., and 18l., the moneys of his said masters. MR. SERJEANT ROBINSON and MR. POLAND conducted the Prosecution, and MR. MONTAGUE WILLIAMS the Defence.
JAMES BROWN . I am cashier to Mather and Platt, who carry on business at Salford—on 3d July, they were indebted to the Patent Plumbago Crucible Company 22l. 10s.—I paid that amount to the prisoner on 3d July—he signed this receipt (produced)—some weeks afterwards he called on me again, and presented a card—I do not know what he said, but I understood that he called for an order.
JAMES MANSERGH . I carry on the Malleable Iron Company—on 2d March I owed the Patent Plumbago Crucible Company 22l.—I paid the prisoner 20l. on account that day—he gave me this receipt (produced)—he signed it in my presence—I held the 20l. note up to the window to see if it was good—on 5th July, I owed the Company 19l. 19s. to balance the account—I paid the prisoner on that day with 20l., and he gave me a shilling out.
THOMAS VAUGHAN MORGAN . ln January, 1863, I engaged the prisoner on the terms of the letter before produced—it was his duty to send up these sheets every week, and the cash which he had received—Messrs. Mather and Platt were indebted to us in the sum of 22l. 12s. in July last—the prisoner's remittance sheets were behind hand in July, and he was written to very sharply to send them up—he came up, and was with me on 24th July—this sheet produced was made out at that time—after Mather and Platt's name, here is "Not paid" written—here are two ticks to Allen and Harrison's account, which means not paid—it does not appear that they are paid in either of these accounts—he has not accounted for these sums in any way whatever—this (produced) is the account I received after 2d March—the Malleable Iron Company's account is not down in it as having paid 20l.—that is up to July—this (produced) is the account after 24th July—he accounts for 20l. here, but does not give any date—I was not aware that 20l. had been paid in March, or nineteen guineas—that sum does not appear in this account at all—here is an entry of the Malleable Iron Company, 20l., and Mather and Platt's are entered as not paid, and Allen and Harrison, "Not paid"—he made this out in our office—we sent for him in a hurry to balance his accounts.
MR. SERJEANT ROBINSON. Q. How long had you been urging him to come up? A. Eight, fourteen, or twenty-one days, but he said that he was ill—these sums have not been accounted for—he had the whole of his books with him. GUILTY .—Recommended to mercy by the Jury.— Seven Years' Penal Servitude .
Before Mr. Justice Mellor P
184. PHILIP BRAUN (31) , Feloniously and without lawful excuse engraving upon a metal plate part of a five-rouble note of the Empire of Russia. (See page 166.) MR. SERJEANT BALLANTINE, MR. GIFFARD, Q. C. and MR. SLEIGH conducted the Prosecution.
JOSEPH LIBAN (Through an interpreter). I came to this country on 1st June last—at the time I came, I was in company with a Russian gentleman—shortly after I came, I put myself in communication with Inspector Thompson—I came in the company of a person named Bayer—I first saw the prisoner about six, eight, or ten days after my arrival; I cannot say exactly—I saw him at Spencer's hotel, near London-bridge—I was in company with Bayer, Berrens, and Londinski—Bayer and Berrens are the persons who were convicted last Sessions—I came to the place with Bayer and Berrens, and Londinski brought the prisoner there—they introduced the prisoner as the person who understood how to make the plates for forged notes—the conversation was to the effect that we spoke about it, and I asked him if it was really true that he understood how to make these things—he answered Yes, he did understand it, and told me that on several occasions already he had worked in that line, and had been doing business with Holchester here; that he also had been acquainted with a man named Miller, who had already been taken in custody before for forged plates, and that he had been assisting that man in making those plates; that he had already managed a similar business in Riga, only they were betrayed there, and that he was ready to establish such a factory for me as well—something was said about a sample—I told him I wanted to be sure if he could make something and do something, and he promised to make a sample in a few days—there the matter remained, and it was agreed that he
should make that sample at Bayer's house, under the supervision of the other people—it was said that, if the sample turned out well, a house was to be taken, in which the manufactory should be established—the manufactory was to make forged 25-rouble Russian notes—some short time after that, the prisoner came and brought a steel or iron plate with him, and told me he would engrave on it a sample, namely, an eagle—an eagle is on the genuine rouble Russian notes—there was nothing on the plate the first time I saw it, it was quite smooth—he afterwards showed me the same plate with the eagle of a 25-rouble note on it—after that, I told them to look for a house, on which the prisoner brought me a newspaper, saying that he had found a house in it advertised at Pinner—that was a very short time after I had seen the eagle on the steel plate—I went to Pinner with the prisoner and Bayer one evening in a hired carriage—the carriage was hired at Camberwell-gate—when we got to Pinner, the house was not any longer to let—we stopped and dined at the hotel at Pinner—I afterwards hired a house at 11, Russell-street, Camberwell—from time to time I was the prisoner, Berrens, Holchester, Bayer, Davis, and Silberman—Silberman I saw least of all—all those persons were convicted last Sessions—the first letter I received from the prisoner was in August—this (produced) is the letter—he gave it me himself, into my hand—I was examined as a witness last Sessions—on my cross-examination by the prisoner, he called on me to produce that letter—it is now in pieces—he told me he had already written me an answer at home, and gave this letter into my hands at his own house in Portland-street, or something like that—I went to his lodgings because I was expecting an answer to my letter—I had previously written him a letter—I said something to him when I went to him as to his not having answered my letter—I do not recollect the date; it was immediately after I gave him the letter—I said something about his not having replied to the letter, and then he gave me the letter—on the back of my letter he wrote his answer (Read: "2 o'clock, afternoon, 22 August, '65. DR. MR. BRAUN,—I hope to see you this evening, and therefore expect an answer, stating where we can meet. I shall be at home till 7 o'clock, but I can submit to your wishes at any hour where it may suit. Signed, LIB."—(Reply read: "I only received your letter at 12 o'clock midnight, signed 'B.' when I came home, and you therefore will, in the first place, excuse me for not replying sooner, and, in the second place, I was very busy in my business today, and in fact I should not like to lose my situation; it is consequently impossible for me to see you before 3 on Saturday afternoon, or any other evening after 8 o'clock. I do not know what I shall do, I cannot lose any time, because if I am away from business, at least ten people cannot leave their work, and stand entirely still. Swell seems to be very envious of me, and I do not think that the matter will end well should I be mixed up with it. I therefore advise you rather to address yourself to Swell alone, as you have already on former occasions negotiated with him alone. I will not mix myself, under any circumstances, and on any account, with this society. Signed, 'B.'")—I also received from the prisoner another letter—he asked me to produce it at the last trial—(Read: Not dated, post-mark, 29th August, 1865: "DEAR MR. LIBAN,—After taking all possible trouble yesterday, and perceiving that it is impossible for me to assist you, I did not come. The fact is, as the man told me, that Swell, on a former occasion took the original steel plates at once away, and has them in his custody. The galvanic steel plates now in use are worn out, and do not produce any longer proper impressions. In order to produce new ones, we must have the original plates; Swell has become
consequently the master of the whole affair; and as you cannot make use of copies, this man has nothing in hand which he can hand over to you. Whether his statements are all true or not, I do not know, but he assures me of their perfect truth, and adding that not having been known by any of the society, it was his determination not to make acquaintance with any of them, and he therefore regrets having detained me with hopes which he is now unable to realize. You will see by these few lines how much I have penetrated in this man; and apologizing that I could not do anything for you, I hope you will excuse my not personally coming to you, I being too much engaged in my business, and having been always exposed to unpleasantness when I have stopped away. Should I not see you any more, I wish you a happy voyage, and success in all your undertakings. Signed, 'Bluhm'")—the prisoner explained to me who Swell was—it was Holchester—I never communicated to the prisoner that I was in communication with the police.
Prisoner. Q. How did you come to know me? A. You were introduced to me by Berrens and Londinski, one of the persons now in custody, in Paris—I do not know a public-house at 1, Crutched Friars, but it is possible I have been there—I saw you after my house was let at 11, Russell-street—it was a short time afterwards, because you brought some tools there to engrave the eagle—we did not separate for ever on that day, but a few days afterwards you went away—it was not a separation for ever, because we were together afterwards—it was not agreed that we should separate for ever—this was in June, and you saw me again in August—I cannot say if it was on August 17th—I cannot recollect the day or the hour—I did not write to you that you should come and see me, but Berrens told me that you would.
COURT. Q. When you were first introduced to the prisoner, what did you say to him? A. I asked him if he could really make some forged Russian rouble notes—Berrens and Londinski had told him who I was before, not in my presence—he certainly knew who I was—he thought I had come over to do business in that line; namely, to make some engraved rouble notes—I knew he thought so, because Berrens and Londinski told me so—we were talking together about the making of the 25-rouble notes—I came to England in order to discover the forgers of the Russian rouble notes—I was asked to do so by the Warsaw Government—the tools I mentioned were engraving tools that be brought—I cannot say whether these are the identical tools (produced)—they were like these.
JAMES THOMPSON . I am inspector of the City detective force—in consequence of instructions I received from Sir Richard Mayne, in June last year, I placed myself in communication with Liban—he lodged at that time at 1, Brunswick-terrace, Camberwell-road—I was keeping watch on him amongst others in July, from time to time, and on one or two occasions in July, I saw the prisoner call at Liban's house—I once saw the prisoner with Liban, Berrens, Bayer, and Holchester, at the parlour window of the ground floor of 1, Brunswick-terrace—the window was open, and they were standing round it—I took a room opposite, in order to keep the house in my observation—I stayed there for a week—on Friday morning, 25th August, I saw the prisoner with Holchester, Berrens, Bayer, Londinski, Silberman, and Liban, together at the house, 11, Russell-street, Camberwell—Holchester carried a small parcel in his hand when he went in—I will not be positive whether the prisoner was there when Holchester went in—after Holchester went in, I saw the prisoner among them—I did not see the prisoner with
any of the others on Monday night, the 28 th—Holchester, Barrens, Bayer, Silberman, and Davis, were taken at 11, Russell-street, on 30th August, and while they were in the house I searched it, and found these engraving tools in the drawer of a table on the first-floor—I did not take the prisoner—I sent Mulvaney to his lodgings.
JOHN MULVANEY (Police-sergeant.) I was acting in concert with Mr. Thompson in respect to this matter, and in July and August, from time to time, I saw the prisoner in company of the persons who were convicted here last Session—I saw them at 11, Little Russell-street—after they were taken into custody, I went by Inspector Thompson's directions, and searched for the prisoner—I went to Great Portland-street, where he lodged—I did not go to the house, but I watched it till he came in—it is No. 23—I stopped him as he was going towards the door, and said, "Your name is Braun"—he said, "Yes"—I said, "Very well, I am a police-officer, I shall take you in custody for being concerned with a number of persons now in custody, and having in their possession a number of forged Russian rouble notes, which have been found at 11, Russell-street, Camberwell"—he said, "Oh yes, I know all about it"—I said, "Stop, before you tell me anything, let me tell you that whatever you say, I must use in evidence against you"—he said, "I am the man who has given the police information about it"—he was in custody then; I had taken him—I said, "What police?"—he said, "The City police, Mr. Hamilton, and Mr. Scott"—they are in the City police force—I said, "when"—he said, "A long time ago"—I said, "What do you call a long time"—he said, "A year; I told them that Berrens, alias Heidelrich, came to me and wanted me to engrave plates for making 50-rouble Russian notes; I agreed to. do so, but nothing was brought to me; some time after, Holchester came to me also, wanted me to engrave plates for the making of 50 Russian rouble notes, telling me I should be well paid for what I did; I agreed to do so on that occasion, but, as on the other, nothing was brought me"—he then said to me that about three weeks ago, he had seen Holchester and Berrens, who told him they were doing him a good thing with the 5-rouble notes, and again wanted him to make plate—we then arrived at the station, and no more was said—the prisoner never made any communication to me until I took him into custody.
BENJAMIN CANE . I am landlord of the Queen's Head hotel at Pinner—in June last three foreigners came in a hired conveyance to my house—Liban was one of them, the prisoner was another, and there were some other men—they inquired if I could tell them of a house to let—they dined at my house.
Prisoner. Q. You said before that you heard us speak about a house? A. No, I was not asked the question; 1 believe it was yon who inquired if I could tell you of a house to let in the neighbourhood—I am almost sure it was, it is some time ago—my barmaid came in and said that she could not understand you, as you spoke some foreign language, and I said, "Very well, I will go in and wait on them myself"—I could understand what you said, but I could not understand what Liban required.
WILLIAM RICHARDSON . I live at 23, Devonshire-street, Kennington-cross, and work for Mr. Barwick as fly proprietor, of Camberwell-gate—in June last I took Liban and two other persons, of whom the prisoner is one to Pinner—we went to a house that was to let, then to a public-house to get refreshment, and I then drove them to town.
GEORGE SCOTT . (City-detective Policeman.) In May, 1864, the prisoner made a communication to me—he stated that some people had been to him and wanted him to make au engraving of a 50-rouble note—I saw him on several occasions, and after that, in consequence of what he told me, I saw the Russian Consul—the prisoner asked if he might be allowed to engrave the 50-rouble note, and he wanted me to supply him with a note to engrave—I understood that to be to further the discovery of these people—I saw him from time to time, and told him that he would not be allowed to do it unless they supplied him with an instrument to forge—I then saw no more of him until about a fortnight before he was apprehended—I then asked him if he had seen these people since I had seen him—he said, "No," and did not expect to see them any more—I met him in the City by accident on that occasion—I said nothing to him the last time I saw him with reference to communicating to me if anything occurred—I told him a year ago particularly not to do anything without letting us know—I told him so over and over again.
Prisoner. Q. Did I not write to you once? A. I am not aware—I came to see you so many times I cannot remember whether I came to you after receiving a letter or not—I certainly saw you in a public-house in Regent-street—that was in the latter end of May or June, 1864—it was not later—I do not remember getting an answer from a policeman or watchman when I came into the Police-court—he did not tell me to go and see you last year—in 1864 he might—I never had any conversation with you directly or 5 indirectly in 1865.
WILLIAM HAMILTON . (City-detective Police-inspector.) I first saw the prisoner on 22d or 23d May, 1864—he came to my office, stating that he had come from the office of the Russian Consul-general in reference to the forgery of some Russian notes, that he was in the habit of using a public-house in Crutched-friars for three or four evenings a week, and on one occasion a foreigner got into conversation with him and asked him if he could engrave an eagle—he did not say whether it was for a Russian note, or anything of the kind at the time—I asked him who the man was, and he gave the name of Ritenback or something of that kind, and that he would meet him again—on that statement I gave instructions to Sergeants Scott and Brett to render any assistance they could in the matter—he left, and I have not seen him since.
COURT. Q. Did you go to the Russian Consul's office to make inquiries there? A. Yes, I saw him, and called subsequently by his instructions—I learnt that the prisoner had been there, and was sent from there to me—I told the prisoner he had better see this man, and keep his appointment with him as usual—that the officers would assist him and he would let them know from time to time what was going on—I then left the further communication to Scott and Brett.
Prisoner. Q. Did you write down what I said to you? A. No, I did not take a description of the man you mentioned.
Prisoner. You wrote down what I said, and I wish you to produce the paper. A. I do not remember writing it down.
JAMES BRETT . (City-detective Police-sergeant.) I was in communication with the prisoner in May and June, 1864—I never saw him after June—it was about some persons engraving a Russian eagle—I have passed him in the street since, and he has seen me, but I have had no communication with him—when I saw him in May or June, 1864, I gave him no directions as to what he ought to do, nor have I been in conversation with him since.
Bank-notes are manufactured in St. Petersburgh—I am acquainted with their manufacture, and am the person in Russia to whom the question of forged bank-notes is referred—a rouble is worth from 30d. to 32d.—I pro duce a specimen of rouble notes of all denominations—they have all got two eagles on them—here is a one-rouble note, and here is a two-rouble note—there are two eagles on each one on the front, and the other on the back.
Prisoner. Q. Can yon tell me whether the eagle can be engraved by hand, or is it done by machine? A. I have no authority to give an explanation of how the notes are manufactured, because it is kept secret in all the establishments—it is engraved on a plate, and it could be done both by hand and by machine—the time in which it could be done would depend entirely on the skill of the workman—such an eagle could be engraved by hand in a month I should say.
COURT. Q. Do you know any other currency where the eagle forms part of the note? A. Not a credit note, but there are bonds—Austrian notes do not have on them such an eagle as forms part of the notes of other kingdoms except Russia, it is a different eagle—on the Austrian notes there are eagles, but of a different form.
JAMES HEARD . I am connected with the Russian Consulate—I am aware of Liban's employment in August, 1865, and was then, but I was not aware of the prisoner being engaged in detecting the Russian forgeries at that time.
COURT. Q. Were you aware that he had been at any time to the Consul to make a communication about forgeries? A. Yes, I think I recollect it—that was about a year ago—I could not say that the man was called Braun, but I recollect the prisoner's features, and believe him to be the man—I recommended him to go to the police, no reward was promised to him—we are generally in the habit of giving rewards if discoveries are made—we do not give them before the conviction of persons—it would depend on the prisoner's success whether he would be rewarded.
THE COURT left it to the JURY to say whether they considered the case need go on after the evidence given. THE JURY considered that it was not necessary. NOT GUILTY .
The prisoner was further charged on two other indictments for conspiracy, upon which no evidence was given. NOT GUILTY .
HENRY BALL HUSS . I am a lamp manufacturer, and carry on business in Roupell-street, Lambeth—on Saturday, 2d December, after my workmen had left my factory, the prisoner came to me—he bad been an apprentice to me about ten years ago, and he continued to work for me occasionally, about a year and a half—on that evening I was in the show-room; while there, the prisoner came to me—I was alone, my other people having left the premises—he asked me for employment for a railway, to write a character for him—I said I did not oppose to give him a character, but I did oppose to write one unless they asked me—we talked about ten minutes—I went into the workshop to wash my hands—he followed—be said he was very sorry his father had put him apprentice to me, for had be been with another master, he might have lived with his master, and should not have been obliged to go to sea, and would have business to do now—I told him that
he had had many masters besides me, and never kept one, and my opinion was that if he had been with another master, he would not have stopped longer than he did with me—by that time my hands were washed—I came back from the workshop, passed the show-room, and was putting my coat over me—when he saw me ready to leave the premises, he said, "So you won't give me a character?"—I said, "No"—I put on my coat, and took my umbrella ready to go out—he then spoke about the character again, and asked me to write it—I told him I declined to give him a character, and at that time I saw a sort of movement in his body—I took my umbrella, and turned the key of the gas with the top of it—I passed before him, and at that moment he did shot me here. (At the back of the neck)—the ball has been extracted—he was in a corner of the door, and I was passing him—I called on him by his name—I felt no pain, but if I recollect, a sort of giddy feeling and a cold penetration in the jaw, and a blow—I did not attempt to go out—the door is so heavy, that if I had attempted to open it he would have killed me more easily, so I called him by name, and said, "William, what are you doing?" and he did give me another shot here (on the breast) but it did not have any effect—I went over to him, and tried to catch his arm—I got the revolver, but before I could catch his arm, I received a wound here (on his hand)—I caught his hands, struggled with him, and had my shoulder to his—he was leaning on a ladder which was not fixed—he fell, and I fell on the corner of a weighing-scale, and cut my knee—I was holding him—we were struggling together—I took the pistol out of his hand; I believe he was on his knee—I was on my knee crying "Murder!" at that time—during that last struggle I had the pistol, and he was trying to take it from me—I put my hand out of his reach to prevent his taking it and I discharged it twice at him.
COURT.Q. Do you mean you shot it? A. I did shot it in selfdefence, twice at his back—I was crying "Murder!"
MR. OPPENHEIM. Q. At the back of his neck? A. I believe it was at. the back of his neck—he let me go, because it was probable that the pistol was unloaded—I was bleeding very much—I laid the pistol on the bench, and from there it fell on the ground—he picked it up, and ran away—I went after him—he left the room, and came back again—I believe there was somebody with him, but I am very confused—I asked for a doctor, and a man to protect me, but before that, many people burst into the place—I did not know any of them—a policeman asked me what was the matter—I gave the prisoner into his charge, and told him that he had attempted to murder me—the prisoner and I were taken away in a cab by a policeman to the station, where I gave the prisoner in charge for attempting to murder me, and asked to be taken to a doctor, or to a hospital—this is the revolver (produced)—I know it—it is mine—it was in the custody of a young man who was stopping in my place, but it was missed in August, and I accused the young man to have robbed the revolver—the prisoner was in my employ in August—he left about a fortnight before this happened, but in the same week he did a job for me—he was not working constantly, because I put a man in his place as a regular workman, but I gave him a job.
Cross-examined. Q. What was the date of the shooting? A. 2d December—he left about the middle of November, about a fortnight before, but he did a job for me afterwards—I told everybody in my place about the loss of the pistol—I did not miss it myself; it was the young man who had it in charge—I told the prisoner himself that it was missing—the young man is a witness here—his name is Genders—I accused him of robbing it as far
back as August—I did not give information to the police about it—the prisoner is not my brother-in-law—I am no relation to him—I did not marry his sister—I swear that—she was servant to me about ten years ago, and I have had a child with her, that is the truth—I never lived with her only when she was servant with me—she always had her own place of living with her mother, or in her own apartment—I went to see her at her apartments—I saw her last year—she did not complain of my cruelty to her—she complained about my bad temper—I have never been cruel to her, nor has she complained of it to me—I believe she has spoken of it—she did not complain that I twisted her wrist out of the socket—I never heard of it before—it is a natural wound—I know she has been to a doctor about it—she goes now, I believe—I believe she has said that it was caused by my twisting it, but after she acknowledged that it was not, because she has got a sister who has got just the same symptoms in her hand—I never threatened to kill the prisoner with a soldering-iron while he was an apprentice of mine—I use such a thing as a tool—I never took up a soldering-iron, and threatened the prisoner, in the presence of his other sister—I know Susan Hall by sight. (Susan Hall was here brought into Court)—I did not roll him about in a crate, but when he was a boy he put himself in a box, and stopped one day in it—we did not know where he was—we found him in a box, but I did not put him in—that was not the very time I threatened to kill him with the soldering-iron—I never was taken to a police-station in my life; a friend of mine was, but I was not with him when he was taken, nor did I go there afterwards—he was taken there for shooting sparrows with a small stock-gun—I did not threaten to shoot the policeman on that occasion, with a pistol—I never threatened to shoot anybody—I did not threaten the policeman at all—I did not tell Susan Shirley that I threatened to shoot the policeman—I have lived in my present place about two years—I lived in Princes-street, Stamford-street, before that—I had a fire shortly before I left Princes-street, and I left on account of it—I was insured in the Westminster office, and received 500l. on that insurance—the prisoner did not say that he would go down to the insurance company, and tell them about the fire in Princes-street, on this very occasion, immediately before the shooting—I believe he was angry, but he did not appear so—he said nothing about the fire—he has never said anything to me about giving information, nor have I heard that he has to other people said anything about the fire—I never threatened to shoot this young lady, who is not my wife—she complained about my temper—cruelty is not the meaning I give to the words she used—I had no struggle with her so as to account for her saying that I put her wrist out—I believe it is natural—I may have, pushed her, but I never beat her, or gave her a blow—she has not tumbled when I pushed her, but in the space of five or six years I may have given her a push—I have not threatened to shoot her—this is the only pistol I keep—I believe when the young man lost it it was loaded—I loaded it myself when I gave, it to him two or three months before—I loaded it with cartridge, containing a bullet, and powder, and a cap at the top.
MR. OPPENHEIM. Q. Did you give that pistol into Gender's custody? A. He kept it till it was missing—it is about ten years since the prisoner came to me, as an apprentice—he was engaged for six years, but only remained about one year—he remained a few months as workman, after we destroyed the indentures with his father, and then he left me and went to sea, but before he left, I believe he worked for somebody else—he came back to me about a year and a half ago, having been absent from me about seven
years, but I have not taken notice of the dates—he then worked for me—when he was apprentice I have given him a slap with my hand—I first became acquainted with his sister ten years since, I have always seen her up to the last year—during that time she has never complained of my cruelty, nor did I ever injure her wrist, or threaten to murder her.
ROBERT HODGES . I am an engine driver, and live at 59, Wooton-street, Lambeth—I know Mr. Huss' premises in Roupell-street—on 2d December, about 4 o'clock in the afternoon, I was with my wife and boy in Roupell-street—I heard a cry of "Murder!" from Mr. Huss's factory—two boys were standing at the door—I spoke to them, and they tried to open the gate—Mr. Huss came out at the door, with blood running down his neck, and dropping off the tips of his fingers—he looked very much excited with the loss of blood—he said, "For God's sake protect me, here is a man inside murdering me"—I had some meat in my hand—I gave it to my wife, and then shoved the gate open, opened the factory door, and looked in, but could only see smoke, and smell gunpowder—I saw no one—I shut the door again and waited at the gate for a policeman to come—the prisoner then came out of the factory in a hurry, and said, "Fetch a doctor, for that man has shot me;" pointing to Mr. Huss—I saw him give a pistol up to a man who came up—the man said, "I do not know, but instead of that man shooting you, I think you shot that man"—the prisoner made no observation—upon that the third man came up,—I left the prisoner with the two other men, and I went for a policeman—I could not find one, but came back—they were all in the factory with a policeman—they went to the station in a cab, and I walked there.
RICHARD SAVAGE . I live at 46, Paradise-street, Lambeth, and am errand boy to Mr. Huss—on Saturday evening, 2d December, about 5 o'clock, or half-past, I was going on an errand for Mr. Huss, and met the prisoner outside the factory—I knew him before—I used to work for him—he asked me where I was going—I told him I was going for a pipe—he asked me who was in the factory—I said, "Some man"—he said, "What man, a policeman?"—I said, "No"—he asked me if it was a Frenchman—I said, no, he was gone and got paid—he was walking up the street, and I went away—when I came back, he was still there, and asked me what I made such a row at the door for a few days back—I told him the master wanted him to come to work—I was only about two minutes away on my errand—I did not go into the factory and leave him standing there—he walked down the street with me.
COURT. Q. You left him in the street? A. Yes, but he asked me other questions first—he said he was going to be a policeman, and he asked me to ask my master for two or three hours' work that he owed him—I said, "Yes, I will ask him tonight"—he said, "No, you need not ask him tonight, ask him on Monday; you need not say you saw me."
CHARLES FRANCIS TURNER . I live at 77, Blackfriars-road, and am a licensed lighterman—on 2d December, about 6 o'clock, I was in Roupell-street—I saw the prisoner with his back against the factory gate—three other people were by him—I said, "What is the matter?"—he said, "I have been shot"—I said, "What is it all about?"—he said, "I went to ask him for a character, and the villain," or the fellow, I think it was, "shot me in the neck"—Mr. Huss then came out of the factory, bleeding very much, and said, "Will no one take me to the hospital?"—he went in again, and then I saw something in the prisoner's hand—I said, "What is that you have got in your right hand?"—he said, "A pistol"—I said, "Give it to me," and he handed me this revolver—at the same moment Mr.
Huss came out a second time—I said, "whose pistol is it?"—Mr. Huss said, "The pistol is mine, I have missed it these six months"—a constable came up, and I gave him the pistol—I went into the factory with Mr. Huss—he said that the prisoner shot him, and the prisoner said that Mr. Huss shot him—they each charged the other.
Cross-examined. Q. When you first saw the prisoner, did you notice anything? A. He was bleeding at the back of his neck, fresh blood.
PATRICK SCULLERY (Policeman, L 113). On 2d December, at 6 o'clock in the evening, or half-past, I was called to Mr. Huss's factory, and saw the prisoner standing inside the gate, bleeding from a wound at the back of his neck—I went inside to him, and he said, "I give that man in charge"—I said, "What man?"—he said, "He is inside here"—I Saw Mr. Huss standing inside the factory, bleeding very much from a wound under his chin—he said, "I give this man in charge for shooting me"—the prisoner went with me—Turner gave me a revolver, and said he took it out of the prisoner's hand—I asked who owned it—Mr. Huss said that he did, it was stolen from him six months before—I took the prisoner and the prosecutor to the station, and gave the revolver to the inspector.
RICHARD EDMONDS (Police-inspector, L). About half-past 6 on Saturday evening, 2d December, Scullery brought the prisoner and prosecutor to the station—each charged the other with shooting him—Scullery gave me this revolver—I sent for the divisional surgeon, and, while waiting for him, the prisoner and prosecutor sat side by side in the station—I asked the prosecutor how this occurred—he said that the prisoner came to him for a character, that he could not write one from his dictation, and that the prisoner then shot him through the face under the jaw, and also through the hand—the prisoner made no reply—I said, "How do you account for this?" pointing to the mark on the prisoner's neck, which was bleeding—the prosecutor said, "It was life or death, I thought he was murdering me; he shot me, and I think he missed me two or three times—I do not know whether the wound in the prisoner's neck was caused during the struggle"—the prosecutor then became very faint from loss of blood—the surgeon arrived directly afterwards—I sent for some brandy, and was present when the surgeon extracted the ball—I afterwards examined the pistol, and found that five barrels had been recently discharged, and the sixth was loaded, ready for firing if you pulled the trigger—it was charged with a copper tube and fulminating powder, I think they call them cartridges, and a conical bullet.
CHARLES CORBETT BLADES . I am surgeon to the L divison of Police—on Saturday evening, 2d December, I was summoned to Tower-street station—I found the prosecutor and. prisoner there—I asked for the man who was most injured, and found that was the prosecutor—he had a great deal of clotted blood about his hand, his mouth, his left whisker, and various parts of his clothes—he told me he had been shot on the left side of his face—I washed the blood away and found a small punctured wound about an inch and a half from the angle of the jaw, an inch and a half or three-quarters from the left carotid artery—I traced it and found it pass obliquely forwards along the floor of the mouth to the left side of the centre of the chin—I felt something projecting, which he said was the ball—I cut down and extracted this ball (produced)—it was a conical bullet, but it is very much flattened by the jaw—it went obliquely from backwards forward—I have no doubt when the pistol was discharged that the person discharging it was behind the person shot—if he had stood directly opposite him the ball would have gone
up through the wind-pipe—I examined his left arm and found a torn wound about an inch and three-quarters long—that would be caused by a bullet tearing along, I should say, which did not go through the hand—it had passed from behind forwards—his right knee was very much injured, and his trousers were torn—three or four inches on the knee was an abrasion, and all over dirt—I examined the prisoner and found a superficial wound at the back of his neck about three inches or three and a half from the entrance to the exit of the bullet—the place where it had entered was covered with exploded powder—the pistol must have been applied within three or four inches of the neck, from the amount of powder—it was a superficial wound, barely through the skin, I could feel my probe all the way under the skin.
Cross-examined. Q. Passing from left to right in the prisoner? A. Yes, commencing an inch or an inch and a half from the centre of the neck—the pistol must have been held in that direction, or else it would have penetrated the brain—the ball continued the whole distance at the same depth.
JOHN GENDERS . I live at 29, Roupell-street—I have been in Mr. Huss's employ since November, 1864—I sleep in the outer workshop—he gave me this pistol for the protection of the premises—I kept it down by the side of my bed—I missed it in August, and never saw it again till it was in the constable's hands—the prisoner used to come into the workhouse—all the men that work on the premises come there—I had no other pistol given to me after I missed this.
Cross-examined. Q. Is there any door between the place where Mr. Huss sits and the workshop. A. Yes, his office is next to the show-room—coming in from the street you go right through the workshop into the show-room—I had looked for the pistol—I was accused of stealing, but I did not—I believe Mr. Huss searched for it—I left him about the latter end of August—it was shortly after this—I told him I wanted to leave, and went after a situation—Mr. Huss's temper is rather irritable at times, but I never found him irritable to me.
The prisoner received a good character. NOT GUILTY .
Before Mr. Common Serjeant.
JAMES THOMAS SPIER . I am ledger-keeper in the Imperial Bank, Limited—John David Parry opened an account there in July, 1862—he had an account before that—I am looking at a book in my own writing—the account is headed John David Parry—it commences with 4s. 2d. being charged for fifty cheques in a book on, 12th July, 1862—they were consecutive numbers from B. O. 31, 001 to 31, 050—eleven of the cheques were presented cashed, and afterwards returned to him, and after that cash was paid on these eleven other checks which I have in my hand, but they were not given up to him—there was no money of Parry's in the bank at the end of 1862, he had overdrawn 8l. 7s. 9d, which was paid to us on 29th January, 1863—that closed the account, and was the last transaction between us, no other cheques have been paid since that time, and there has been nothing to his credit since—in the course of keeping the accounts I became acquainted with Parry's writing—I should not like to say that this cheque for 6l. 3s. (produced) is in his writing, nor to say that it is not—I doubt the signature as well as the body—these two cheques for 6l. 10s. and 10l. are two of those supplied to Parry—I believe the 10l. cheque to be Parry's writing.
FRANCIS WILLIAM BUTLER . I am a looking-lass manufacturer of Elliott-road, Broad-wall, Southwark—about four months ago Friend obtained some goods from my premises, but I was not there—I had made application to him several times for the payment of money, and on 11th November be came to my workshop with this 10l. cheque—he said that he had come to pay 3l. off my account if I would change the cheque—I put my name on the back of it, and sent it out to get it changed, but I could not, and returned it to him—he called on me on Monday, 13th, paid me 2l. 10s., and said he would pay me the rest on Saturday—he said he had cashed the cheque, but did not mention Mr. White's name—Mr. White lives five or six doors off in the same street—on 1st December I went with Mr. White and Friend to Parry's—we went from Mr. White's house—Friend was in a public-house—I think it was the Cock and Castle—he said that the gentleman who drew the cheque lived a long way off, and it would take about two hours to go to him—Mr. White asked him for the money for the cheque—he said, "I have not got any money for it, and I want it," but he did not show Friend the cheque—Friend said, "I am very sorry, I will see Mr. Parry at ten tomorrow morning and bring him to you"—Mr. White said that would not do, it had been a long time in hand, and he wanted it settled—when we pressed him for the money he said it was a long way off—we proposed to take a cab, but he said he had to do some business, and it would be 5l. out of his pocket, but when Mr. White said that he would lock him up, he consented to go and took us to Bethnal Green-road, which took about five minutes—we found Parry there—Friend went into the house and had a conversation with him—they both came out and walked up the street sharply—Mr. White and I followed them—he asked Parry about the cheque, who said he did not know anything about it—Friend said, "Yes, you do, you know all about it"—Parry said, "The fact is, it is a do, I did it when I was half-drunk to oblige Friend, and we had the money between us"—Parry showed fight, and said he would knock Mr. White down; and that we had got a security for the money—we got into a cab, went to Norris-street, Haymarket, Parry having said, "I will take you where you can get security"—when we got into the cab be said that we had better let it be till next morning, as he did not expect we should find the gentleman, but we drove to Norris-street—the name of Whiteman was on the door where he knocked—a servant came who said that Mr. Whiteman would not be seen—we went three times to know if he would come down—Mr. White said it would be a pity to lose them now as they were such slippery customers, and gave them in charge, and they were taken to Vine-street, but they were not locked up—we were told that we ought to take a warrant out against them, so the charge was not taken—I saw Friend next night in a public-house in the Hackney-road, and pointed him out to a policeman, who followed him—he went to a dark turning which led very near to where he lives, and was taken into custody—I saw Parry on Tuesday morning, when he was brought up to the police-court.
Friend. Q. Who took the order? A. I did—you did not come, according to appointment—you sent a friend to me the day previous—I am not aware that you met with any accident, but you told me so some time afterwards—when you presented the cheque, I said that I did not expect to see you any more—I thought my 6l. 10s. was done for—I sent it to the Bull-in-the-pound public-house—the boy came back, and I told you I could not get it cashed, and gave it to you back—although I did not like the look of the cheque, I trusted you with my endorsement I forgot I had
endorsed it—you did not come back to me afterwards, and I say that you had obtained some money from Mr. White or else I should have decidedly called for it—I made no appointment when you left with reference to Monday—Mr. White has been in the habit of changing cheques for me.
MR. BESLEY. Q. Did you authorise him to go to Mr. White's with any message? A. No—I first knew it on Monday evening, after he had called and received all the money—I learnt from Mr. White himself that he had cashed the cheque.
THOMAS BATTEN WHITE . I keep the Duke of Westerburg—on 11th November, Friend came there with this 10l. cheque, and said, "I have come from Mr. Butler to know if you will oblige him with change for this cheque"—I had not sufficient gold, I gave him 6l. and he said he would come for the rest bye and by—on the Monday morning I gave him the balance, 4l. and paid the cheque into my bankers—it was afterwards brought to me endorsed, "Account closed"—I parted with my money believing it was a good cheque, and that Mr. Butler had sent him to me—on December 1st I saw Friend again with Mr. Butler—I have heard Mr. Butler's account of the interview at Parry's; that is right—we went there all together—I have never had the money.
Friend. Q. Will you be positive that I did not say that Mr. Butler would call on you for the balance in the evening? A. I will not—I had seen Mr. Butler's signature before—he has put his name on bank notes, to pay his men on Saturday—Parry told me that it was a do, that he did it when he was half drunk to do you a turn.
COURT to THOMAS BATTEN WHITE Q. Did you see Butler's name on the cheque? A. Yes—I was influenced by that in paying the money.
THOMAS POWLES . I am a hosier and glover of the Hackney-road—on 6th November, Friend came there, and said "Mr. Powles, I have got a crossed cheque, I have no banker, will you oblige me by giving me cash for it, I want a few things"—I said, "Yes"—he looked at some flannel shirts, stockings, and drawers, to the amount of 2l. 8s. 6d. and gave me this crossed cheque (produced)—I did not put in the name of my bankers, but I paid it to them—it was only crossed with two lines—I gave the prisoner 3l. 14s. 6d. change—I parted with my goods and money because Friend had been a customer for two or three months, and I looked on him as a respectable man, and thought the cheque was all right—I understood from him that he was a dealer in goods, and in business as a decorator, taking contracts for ornamenting houses—I have had one of his cards—I should not have parted with my money, if I had not believed the cheque was good—it came back to me with the words, "Account closed" on it, and I neither had my goods or money back—I saw Friend on the Monday or Tuesday week following, and again on the next Monday morning, in Durham-street, Hackney-road—I said, "Mr. Friend, that cheque you paid me has been returned unpaid"—he said, "Indeed, I am surprised at that"—I said, "Who is this Parry?"—he said, "He is a private gentleman, living somewhere over in Camberwell; I cannot give you his address, but I will go and see him, and will see you tonight or tomorrow morning"—I said, "What was this cheque for?"—he said, "For goods sold by me to Parry"—that is all that happened—he never came to me afterwards—I never saw him again till he was in custody—I do not know Parry, but I have some slight idea of his face.
business there, only a furnished bed-room—I have seen Parry in the street, and also in Elizabeth and Durham streets—I have seen Friend and him come home together more than once—that is about five minutes' walk from Clarkson-street, Bethnal-green—Canrobert-street is three or four minutes' walk from there.
JANE SANDERS . I live in Durham-street—I have known Friend nearly two years—he used to live with me—he left me last February—while he lived with me, he worked for looking-glass makers, and he has carried on that business since—Parry called there once some time in December, but I did not know his name—Friend dined with me on that Sunday, and Parry called and asked for him—I had never known him before.
MARY ANN DUCK . I am the wife of George Duck, a cab-driver—we live at 27, Clarkson-street—Canrobert-street is about two minutes walk from Durham-street—I know both the prisoners—Parry came to lodge with me on 15th April, 1865, and remained till he was taken—he paid 5s. a week—he said that he had left his business, a grocer's shop, and since that he has been a traveller—he and his mother lived with me—I do not know of his living in Camberwell—I knew Friend a month or six weeks before he was taken—he has called at my house to see Parry—I have seen him there two or three times.
(Cheques read: "Nov. 11th, 1865. To the Imperial Bank, Limited. Pay Mr. Friend 10l. J. Parry." "Nov. 4th, 1865. To the Imperial Bank, Limited. Pay Mr. Friend 6l. 3s. J. Parry.")
Parry's Defence. I know nothing about it; I always sign my name, "J. D. Parry."
Friend produced a written defence, stating that he received the cheque for 6l. 3s. from Parry, and afterwards asked Parry for the loan of 10l. who gave him a cheque for the amount; that he believed the cheques were good, knowing Parry to have property in Wales. GUILTY .— Confined Six Months each .
MR. LANGFORD conducted the Prosecution, and the evidence was interpreted to the prisoner. JOHN STURT (Policeman, R 217). Shortly after midnight on Christmas day, I was on duty in Commercial-street, Rotherhithe—the prisoner and three other men passed me, and went towards Mr. Lee's house—shortly after they passed, I heard screams of "Murder!" went to Mr. Lee's house, and Mrs. Lee and a friend or two of her's had hold of the prisoner—Mr. Lee gave the prisoner in charge for stabbing him—as we went to the station, he said, "I did not use a knife at all, I have not one about me"—I found this knife (produced) in his inside coat pocket at the station—there were no marks of blood on it—he said that he was not aware he had a knife about him—his nose was bleeding.
Prisoner. Q. Why did not you take the three others? A. I did not see them, and they were not charged—you told me where your ship was lying, and one man has been missing ever since this occurred.
MR. LANGFORD. Q. Did you find another knife? A. Yes; a child, Mary Kitchen, who lives about six doors from Lee, gave it to him two days afterwards.
1 in the morning, I was called to the station, examined Mr. Lee, and found a large wound three inches long on the left side of his neck, commencing at the ear, and terminating at the windpipe—in itself the wound was not dangerous, but there are very important parts near there, and a very little change in size or position might occasion death—it was likely to be occasioned by a sharp instrument—there was also a wound on his shoulder, which I did not see till three days afterwards; it was a cut about three inches long—this sort of knife would inflict such a wound.
JURY. Q. But it is so blunt that you might ride upon it; must it not necessarily have been a sharper knife than this? A. This knife would inflict them if violently used; it would make a very clean cut and not a jag, if sufficient force was use—it got stronger as it came down.
COURT. Q. It was in the nature of a stab, but it was moved down?. A. Yes—he is not well, but he is going on pretty well.
OLIVER LEE . I live in Commercial-street, Rotherhithe—on Christmasday about twelve o'clock, somebody knocked at my door—my wife was in the passage, and I heard her talking to some one; I heard her say, "You had better go out"—I went up, and some men tried to force their way in—I understood they wanted some beer—one of them made a blow at me, which caught me on the neck, and inflicted a wound—I jumped forward and caught hold of him—I then let him go, but my wife kept hold of him—it was the prisoner, he is the man who struck me—I did not see the instrument—I did not know I was stabbed—I found another wound on my right shoulder when I went to bed—I was perfectly sober—I am sure the prisoner is the man—a little girl afterwards brought this knife to my house, and said that she found it outside my gate next morning—she has been chopping bricks with it since.
JURY. Q. Was there a general scuffle? A. When we tried to hold him outside—the prisoner is the only one who assaulted me.
MARY ANN LEE . I am the wife of the last witness—on 25th December, about midnight, I heard a knocking at our door—I opened it, and found from four to six men, who forced their way into the passage—they said that they wanted some one named Polly—I said, "There is no one of that name here"—my husband who came, understood that they wanted beer—e tried to force them out, and said that if they did not go out, he would fetch a policeman—he tried to pass the prisoner, who is the foremost man, and the prisoner stabbed him in the neck—I saw the knife in his hand, but my husband did not know he was stabbed till I told him—they got out' of doors and struggled, and another wound was inflicted—my excitement was so great, that I caught the prisoner by his hair—two friends came to my assistance and a policeman—I am certain the prisoner is the man who struck my husband.
Prisoner. Q. Do you know where my hat and money went to when they had me down in the road? A. I saw no money—you were standing upright—your hat has been found since—I never lost sight of you from the time you struck than blow, till you were given in custody.
Prisoner's Defence. I was not inside the door at all; I was standing out-side when the scuffle commenced, and the man who has run away from his ship, ran away directly; they then took hold of me. The man who gave the blow has ran away and left his ship altogether. GUILTY of unlawfully wounding. He received a good character.— Confined Six Months .
Before Robert Malcolm Kerr, Esq.
ROBERT JAMES FULLER . On the first Monday in August, the prisoner Coke came to my house for a pint of cider—I told him I did not sell cider, and he then asked for a pint of sixpenny ale—he gave me a half-crown—I told him it was bad, and he asked for it back, but I refused—a policeman then came in.
JOHN DENT (Policeman, M 156). On Monday, 6th August, Coke was given into my custody, and also a little boy resembling the prisoner Garnett—Coke gave the name of George Grey—the boy was allowed to go—Coke was taken before a Magistrate, was remanded for a few days, and then discharged—I received a half-crown from Fuller.
HENRY GENTRY . One day in November Garnett came into the Old Red Lion, Cannon-street—I think he asked for a small quantity of gin—he handed the landlady a coin—she passed it over to me. and asked my opinion about it—I said it was a counterfeit florin—the prisoner went out—I followed him, and asked him where he got it, and where he lived—he said he lived over the bridge—I took him to the station—Mrs. Warne, the land-lady, was sent for, and gave him in charge—I left the florin at the station with Inspector Foulger.
JOHN FOULGER (City-inspector). The boy Garnett was brought to the Bow-lane station on the evening of 15th November, charged by Mrs. Warne with having tendered this florin—I asked him where he got it—he said a man in the Blackfriars-road gave it him to go to Cannon-street for the gin—I gave the florin to a constable named Bond—I did not go before the Magistrate.
CAROLINE ROBINSON . I am barmaid at the Tanners' Arms, Bermondsey—on the evening of 13th December, the prisoners came there about 11 o'clock—the man asked for half a pint of beer, and the boy for a quartern of gin—the boy had a bottle—the man put down a penny, and the boy a half-crown—I found the half-crown was bad—I spoke to my master, and then sent for a constable—the boy ran away, but the man was detained; afterwards, the boy was brought back, and they were both taken to the station—I had taken another bad half-crown before that evening.
GEORGE NOEL (Policeman, M 83). The prisoners were given into my custody on 13th of December—I received from the last witness this half-crown—I searched Coke at the station, and found 1s. 6d. in silver and 1½; d. in copper—I found on Garnett a good half-crown and a threepenny-piece.
Coke's Defence. I am innocent. I never saw this little boy before.
GUILTY .—COKE— Confined Twelve Months ; GARNETT— Confined One Month, and Three Years in a Reformatory .
MESSRS. POLAND and O'LEARY conducted the Prosecution.
taken a bad half-crown—I told the barman to look out and mind he did not take any more bad money—about twenty minutes after this, I was standing by the side of the barman, and the prisoner called for a pot of sixpenny ale, and laid down a half-crown, which the barman handed to me, saying, "Here is another half-crown like the other one you have taken"—I jumped over the bar, caught the prisoner, took him to the station, and gave him in charge.
THOMAS CRISP (Policeman, A 500). On the morning of 28th November, the prisoner was brought to the station, and given into custody by Mr. Kars-lake, who also gave me two half-crowns (produced)—the prisoner said he owned to putting it down to pay for his beer, but was not aware that it was bad—he said that he was a hawker of crockery ware, and that he had taken it of a lady in Peckham-grove—he gave his name as Henry Jackson, 8, Henrietta-street, Old-Kent-road, but there is no such a street there—he was taken before a Magistrate, remanded until the 29th, and then discharged.
ELIZABETH TASSELL . I am the wife of Thomas Tassell, who keeps the Flying Horse public-house—on 28th December, the prisoner came in for a pint of half-and-half—he gave me a half-crown, which I gave to my husband.
THOMAS TASSELL . My wife gave me a half-crown on 28th December—she said, "Here is another bad half-crown"—I tried it, and found it to be bad—I told the prisoner so—he tendered a good one—I would not have it but gave him in charge.
Prisoner's Defence. I did not know they were bad—I took them in the way of trade—I am a hawker.
GUILTY .— Confined Twelve Months on the First Count, and Twelve Months on the Second; the second period to commence after the expiration of the first .
MR. LANGFORD conducted the Prosecution, and MR. DALY the Defence.
ALFRED FIRMINGER . I am a merchant, of 47, Mark-lane—I know the prisoner—on the 28th August he was clerk to Mr. Dashwood, of 41, Eastcheap, who has a sale-room at Hackney, called St. Thomas's Hall—about 29th of August, I told the prisoner that I wished some goods sold, and if it would be anything in his way, I would employ his master, and he begged me to do so—thereupon I gave an order to Mr. Dashwood to receive the goods—I gave the order to the prisoner for Mr. Dashwood—I told him that I wanted some furniture sold, but I particularly stipulated that the contents of my drawers and my books were not to be sold by any means—the furniture was there at Taylor's Repository, Newington—it was for a ten-roomed house—there were two wardrobes, containing drawers, a perambulator, a bagfull of coins in one of the drawers, a bundle of Indian spears, a cruet-stand, two brushes, three trays, a telescope, two Indian fans, and a chest full of tools—I told the prisoner that the contents of the drawers generally were not to be touched—I afterwards saw my furniture at St. Thomas's Hall, Hackney, about the 24th August—I had seen it about four or five days before that at Newington—the drawers of the wardrobe were then
locked—I had seen the 200 coins and the contents of the drawers about four days before they were removed from Taylor's Repository—I attended the sale—I examined the drawers, and found they were empty—they had been unlocked—I had not given the prisoner the keys—I was to have taken the things out of the drawers that day—I said, "The drawers have been forced open, and a great many things are missing"—he said he did not know anything about it, he had had nothing to do with it—on the day I gave him in custody, 13th December, I said to him, "Where is that whip of mine?"—he said, "I do not know what you mean, I have not seen one at all"—this was at a refreshment place in Eastcheap—on the same evening the daughter of the keeper of the refreshment-room showed me about fifty coins—they were the same coins that I had missed—I had last seen them about 24th August, at Taylor's Repository—about 30th August, I said to the prisoner, "What has become of that bundle of Indian spears, and a driving-whip?"—he said he did not know anything about them—about the middle of September, he gave me an empty tool-chest—he said that he had taken it home in case it should be lost—about 24th August, I missed my perambulator, and I asked him what had become of it—he said that it was broken all to pieces, and that it was not worth while keeping it—afterwards he said he had sold it for three shillings, which he gave me—on the evening of 13th December, I went with the officer, Head, to his house at Herne hill—we found there some Indian spears, two brushes, duplicates of two ivory fans, and a duplicate of a whip.
COURT. Q. Who was to take charge of the articles that were not to be sold? A. I was—I went to St. Thomas's Hall to take them out, but they were missing—I asked the prisoner about some of them—I did not miss all of them at once—he said he did not know anything about them—the people at the repository said they had delivered all the goods—I did nothing more in it—they did not show me a receipt for the goods.
THE COURT directed a verdict of acquittal, as the things were missed in August, and the prisoner was not given in charge till December. NOT GUILTY .
MR. E. P. WOOD conducted the Prosecution.
MICHAEL KEEFE . I reside at 22, Bear-walk, Bear-gardens, Southwark—on the night of 27th December, I had been at Astley's theatre, and was returning home between half-past 12 and 1—in London-street, Borough, I was waltzing about the pavement, with a piece of holly in my hand—the holly hit the prisoner on the ear—I begged his pardon—he said he wanted no begging pardon—I said, "I did not hurt you much"—he said, "Do you want to fight?"—he followed me, and I said, "I will make you fight"—I did not intend to fight, but I took off my coat, and danced about him—I felt something pierce my neck—I took my coat and ran across the road—the prisoner followed me, and stabbed me in the back—I went across to a doctor's shop, and I was afterwards taken to a surgeon's.
CHARLES DUNN . I live at 106, Borough—I was passing down the London-road, and heard the prosecutor and prisoner wrangling—the prisoner pulled out a knife, and stabbed the prosecutor in the neck; then be followed him across the road and stabbed him in the back—I ran after the prisoner and stopped him—I saw him shut the knife up and put it in his pocket—I held him till a constable came, and he was given in custody.
COURT. Q. Did you see the holly? A. No—Keefe ran away from the prisoner.
MARTIN AMBROSE . I am a tanner, of 26, South-buildings, Long-lane—I was with Keefe, going home from Astley's theatre—he had a piece of laurel in his hand, and somehow it touched the prisoner's head—the prisoner said that he was no flat, and that the prosecutor should not do that—the prosecutor begged his pardon—the prisoner said he did not want any pardon, and wanted to fight—Keefe told him he did not want to fight—the prosecutor said he would make him fight—Keefe took off his coat and danced round him, but he did not want to fight—the prisoner rushed at him—Keefe ran away—the prisoner followed, and struck him on the back—Keefe cried out, "I am stabbed"—I went to lift him up, and he was covered with blood—I did not see anything of a knife.
GEORGE CLEMENTS (Policeman, M 55). I was called to the London-road by several young men, and found the prisoner held by several people—they charged him with stabbing a young man—he made no reply—I asked him if he had a knife—he said, "Yes"—this is the knife (produced)—there is blood upon it.
Prisoner. Q. Did I make use of bad language? A. No, you were very quiet.
THOMAS EVANS . I am a surgeon, of Trinity-square, Southwark—between one and two on the morning of the 28th I was sent for to the Police-station—I examined the prosecutor, and found a severe wound on his left shoulder, penetrating to the bone, from which there had been considerable bleeding—there was also a slight incised wound on the right side of his neck—this examination took place shortly after he was stabbed—this knife would be a very likely instrument to produce such wounds.
Prisoner's Defence. I was set upon by a gang—my head was cut over the left temple and I was stunned; when I came round a bit I found somebody's hand in my pocket, and my money had been taken away—I had been cutting a piece of bread and cheese with the knife, and in trying to lay hold of the person that had his hands in my pocket, I accidentally stabbed him—I have been in that neighbourhood for ten or eleven years, and have never been in the hands of the police before.
COURT to GEORGE CLEMENTS. Q. Did you see any wound upon the prisoner's temple? A. No, there were no marks of violence about his face whatever.
GUILTY of unlawfully wounding.— Confined Six Months .