CENTRAL CRIMINAL COURT
FIFTH SESSION, HELD FEBRUARY 26TH, 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
EDWARD T. E. BESLEY, ESQ.,
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, February 26th, 1866, and following days,
BEFORE THE RIGHT HON. BENJAMIN SAMUEL PHILLIPS, LORD MAYOR of the City of London; The Hon. Sir GEORGE WILLIAM WILSHERE BRAMWELL , Knt., one of the Barons of Her Majesty's Court of Exchequer; DAVID SALOMONS , Esq., M.P.; WILLIAM ANDERSON ROSE , Esq.; WARREN STORMES HALE, Esq.; JOHN JOSEPH MECHI , 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.
CENTRAL CRIMINAL COURT.
PHILLIPS, MAYOR. FIFTH 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, February, 26th, 1866.
Before Mr. Common Serjeant.
MR. PATER conducted the Prosecution, and MR. LEWIS the Defence.
HENRY KING . I am clerk to Dean and Co., tea-dealers, of 71, Ludgate-hill—the prisoner was their town-traveller—he had 1l. a week salary, and 1l. a week commission—his duties were to take out and deliver goods, to receive the money, and pay it to me the next morning—he has received the 2l. a week for nearly three years—he has never paid me 2l. 14l. 2d. from Mr. Caratti, or 1l. 18s. from Mr. Pyle.
Cross-examined. Q. Have you been in the prosecutors' service longer than the prisoner? A. Yes; there was a prior arrangement for a short time temporarily—in this book (produced) the prisoner is debited with the bad debts—sometimes debtors apparently bad, pay in a small sum—it is in this way a debtor and creditor account—the prisoner was never asked to pay any of the bad debts, nor did he do so, that I am aware of—the amount of bad debts is 76l. 8s. 2d. in three years—of course we do not begin charging him with bad debts the first week—the first bad debt was in March, 1864—the agreement for 1l. salary and 1l. commission was made more than two years ago—we have never settled the commission account with the prisoner, but he has been allowed to draw for the whole of the money—we paid him 1l. a week on account of commission, and kept back money for the purpose of security, which ought to have been paid to him—he was responsible for the bad debts by being allowed 1l. a week—if a house owed us 30l. he would be responsible for it, if it incurred during his time, unless we chose to halve it with him—the commission account commenced in April, 1864—there has been no balance of it, but we could see that there was no money standing to his credit—we looked at the account whenever we wanted it—we paid the expenses of the cart—they did not amount to 1l. a week—we supplied him with food for the horse; he would only have to put the nose-bag on—his expenses would be about sixpence a day for holding the
horse, and giving him water—a boy was not supplied to the cart before the death of Mr. Murray—the prisoner did not complain of property being lost out of the carts, but he would be responsible for it—the customers were all ours and not his; but, by giving him a commission, we made him responsible for them—there is a certain rate on each article—his commission on tea was 122l. the first twelve months he went out—it was not the same the next year, because he was much more careless, and the trade slackened wonderfully—we allowed him to draw 104l. a year—there is no commission on sugar.
Q. Do you mean that for 122l. a year he was to be responsible for all the bad debts of the firm's customers? A. Yes, through whom he derived the commission—His returns were about 4,400l., and his commission was about 70l. a year—that is 1½ to 1¾ per cent.
Q. Do you know that he had a burglary and lost 25l.? A. Yes, he told me so—he also told me since his apprehension that he was robbed while riding on an omnibus—I believe that the prisoner, long before these proceedings were taken, instead of concealing the facts, told the prosecutors, and offered to give his brother's bill for the amount, but it was refused—Mr. Dean refused to compound a felony, but the prisoner only mentioned it—his brother had gone to America—the prisoner was discharged, and the prosecutor did not think of giving him in custody then, because his partner was dying, and did die before he could consult with him—during that time, I believe the prisoner was at home with his wife and family—he called three or four times during ten days.
MR. PATER. Q. Has this debtor and creditor account of bad debts been balanced for some time? A. No; but the prisoner has been overpaid about 70l.—it was the firm and not the prisoner who lost.
COURT. Q. Were these customers whom he did not introduce? A. Yes, customers of twenty or twenty-five years—the firm has never failed to pay the half of all bad debts—I see that 2l. for bad debts is in the books before his time—that is 2l. out of 76l.
JULIA CARATTI . I am the wife of Nathalie Caratti, of Cursitor-street, Chancery-lane—we deal with Dean and Co.—the prisoner called in October—I paid him 2l. 14s. 2d., and he signed this receipt (produced).
ALBERT AUGUSTUS DEAN . I am a tea-dealer, of 71, Ludgate-hill—my partner, Mr. Murray, has lately died—the prisoner has not accounted to me for 2l. 14s. 2d. received from Mrs. Caratti in October, or 1l. 18s. 4d. from Mrs. Pyle on 27th December—I discharged him on 10th January; but he was not given in custody till the 21st, because my partner was ill.
Cross-examined. Q. Before the new agreement, did he receive 2l. a week and sixpence expenses? A. He had 2l. a week three years ago—I know nothing about the sixpence; Mr. Murray had the active management of the business—this, "He is allowed to draw 1l. a week salary, and 1l. commission. For other conditions, see folio 66," is my private memorandum—the prisoner never saw that—the account was not made up to April 1st each year, because there was never anything due—the commission was made up every three months—we keep 25l. of his in hand, and gave him 5 per cent. interest upon it.
MR. PATER. Q. Has the prisoner ever been asked to pay any of the bad debts? A. No; he had no occasion to make any—he has not complained of the arrangement he entered into.
NOT GUILTY .
NOT GUILTY .
250. HENRY SWYER (25) , Burglariously breaking and entering the dwelling house of Almeira Seymour Barrington, and stealing therein 4 gowns, 3 petticoats, and other articles, her property; and JOHN KIRBY (65), ELIZABETH KIRBY (70), and ALBERT HILLIER (21) , feloniously receiving the same.
MR. F. H. LEWIS conducted the Prosecution, and MR. RIBTON defended Hillier.
ELIZA LOUISA PACKER . I am housemaid to Mrs. Barrington, No. 16, Waller-street—on the evening of 12th December, I went to the theatre with her—I left the house about a quarter to 6—it was perfectly safe then—I came home about half-past 10 or a quarter to 11—I found an inspector inside—from what was communicated to me, I looked into the wardrobe, and missed three coats and several pairs of trousers, which were in Mrs. Barrington's charge; also two or three petticoats, a white moire dress, other dresses, and a great many other things—there were some things left in the wardrobe—I lost some of mine also.
Swyer. Q. Have you ever seen me before? A. No, not till I saw you at Westminster.
ELLEN TREGARD BROOKS . I am cook to Mrs. Barrington—on the evening of 12th December, I went out about twenty minutes to 9—it is my custom to go out and give my orders in the evening—everything was safe when I left the house—I returned about a quarter-past 9, and found that the house had been broken open—I called in a policeman—I left the door on the latch to be opened with the latchkey.
Swyer. Q. You have a young man paying addresses to you? A. No—not a painter.
ELIZABETH CARTRIDGE . I live at 53, Upper Stamford-street, in the house kept by the two Kirbys—it is a house where single ladies live—on the evening of 2d December, I saw Swyer about 8 o'clock, and later, about 10—I saw him also during the day—Mr. and Mrs. Kirby introduced him to me as Mr. Nash—he answered to that name—he and another man came in together—they had a bundle with them—the man that was with Swyer brought it—the servant let them into my room, and Swyer said they had got their luggage—Mr. and Mrs. Kirby were in the room at that time—the other man, named Charley, opened the bundles—Mr. and Mrs. Kirby helped to look the articles over—there were dresses and such-like in the bundle, but only one petticoat—there were some earrings and rings—when it was opened, I began to cry, and said, "This won't do for me"—Mrs. Kirby said, "It is no use crying, you have got to get used to it"—that was in her husband's presence—I said, "No, I shall not, for I will not have anything to do with it"—Mr. Kirby said, "Don't cry"—Swyer stayed the night with me, and the things remained in the room—a velvet dress was sent to the pawnbroker's next morning by Swyer's directions by a little girl who comes of a morning to run on errands—a coat, waistcoat, and trousers were sent to pledge on that day—Mr. Kirby took them down stairs; he took them off the table—I saw some rings taken away on Thursday, the 14th, by the other man, Charley—I recollect bearing of Swyer being arrested—I recollect a man coming to the house and seeing Mr. Kirby—he came up stairs, and said, "Mr. Nash," that is, Mr. Swyer, "Is taken for fighting a cabman, and if any of the property is left in the room, it had better be taken away"—I told him what I had
got, and asked him where they were to be taken to—he wrapped them in a blanket, and said, "I will take them to Kent's"—that is not a pawnbroker's, but a friend of theirs, at 8, St. Paul's-road, Kennington—Mr. Kirby gave me directions where to take them to, and Mrs. Kirby took them to Kent's—I afterwards went and saw Swyer in the House of Detention by Charley's directions—he said, "I am here on suspicion of robbery"—I went back and saw Mr. and Mrs. Kirby, who said that they thought so—I recollect a man coming to the house on Boxingday—he saw Mr. Kirby first—he said he wanted the stolen property they had got in their house—Mr. Kirby said he had not got any property—the man said, "Where is it? I want it"—on that Mrs. Kirby went up stairs to him at the door, and said, "There is no stolen property here"—he asked her whether she had not got a red blanket down stairs that she had bought for 5s.—she said, "No"—there was a great noise in the passage, and I went up and told him what there was there they should have in the evening—he said, "I will b—well round on you if I don't have it"—I afterwards went to Kent's house—he had removed by that time to Cumberland-street, Pimlico—I did not get the bundle from Kent which I had taken—I got a note from Mr. Kent, and went with Mr. and Mrs. Kirby to the Walworth-road, where I received a bundle, which they put into a cab, and I took it to the Blackfriars-road—they got the bundle from some friends of Kirby's, No. 1, Church-street—I delivered it up to Hillier in the Blackfriars-road—Miss Florence Brunell saw me do so.
Swyer. Q. Do you swear that I came to the house at the same time the bundle was brought? A. You came in after the bundle was brought—you came up stairs a minute or two after—I had seen you not more than an hour before that—you and Charley were in the room next morning when the dress was sent to pawn—I cannot say whether you sent it; you gave it to the girl—Charley said it was to go—I did not know that the property was stolen—a gentleman named Lloyd came to see me after you were taken into custody—he was taken, and charged with this robbery—the policeman swore that he was the man he saw in your company—that was on Wednesday morning, after I had been to the House of Detention—he paid me a visit like any other man, and a policeman came and took him on a charge of robbery, and swore he was the man who was in your company—he was afterwards proved to be a respectable man, connected with Mudie's Library, and was discharged without a stain on his character—Inspector Holden came to the house almost every day after you were in custody to see me—he came to my room mostly—he threatened to take me into custody the night he took Mr. Kirby—he did not threaten to take me unless I said what he told me—the conversation was all on this case—he did not tell me what to say—I had drink with him in my room, and he treated me when he saw me at the Court two or three times, to brandy, or anything I wanted—he was friendly enough, and has been intimate with me—I mean to say that he has had intercourse with me—he did not tell me what to say, he threatened to take me; but he said if I would confess, he would not—he did not say, "If you don't say such and such things, I will take you"—we did not have a kind of mock trial in the kitchen, or go through the form of a trial there.
John Kirby. Q. When the police first came to our house to ask for you, had they not followed you from the House of Detention, and did not I send them up stairs to see you? A. Yes—they asked if I knew Swyer, and I aid yes, by the name of Nash—of course I gave them no information at that time about the robbery.
Elizabeth Kirby. You have told a great many untruths; you know Mr. Kirby did not see the cabman, it was I that saw him. Witness. I beg your pardon, you and I were down stairs at the time Mr. Kirby went up and spoke to the cabman—he went up first, and he called him a dirty blackguard—that was the man I was to deliver the bundle to—he sent word by Charley that he was going to commit another robbery, and must have the keys that were in the bundle.
FLORENCE BRUNEL . I live in the same house as Miss Cartridge—on 12th December I believe it, was I was dressing in my room, and heard a sound in her room as of plate jingling—there is a single door between the two rooms—I heard voices, and thought they were quarrelling—Miss Cartridge came to me—she had been crying—I said, "What is the matter with you?"—she said, "I cannot tell you," and went into her room again—Mr. and Mrs. Kirby were in the room that evening when Mr. Nash and Charley came, between 8 and 9 o'clock—I did not see Nash later than that—I did not go in the room again—the door was locked—a few days afterwards Mrs. Kirby came into my room when I was ill in bed, and said that Miss Cartridge was waiting in the Blackfriars'-road, near the church—I slipped my things on and went down, and Miss Cartridge was not waiting near the-church, but on the opposite side—that was boxingnight—she said she was waiting to deliver a parcel she was carrying—I saw her deliver the parcel to a cabman—that was Hillier—she asked him several times before he would take them, and said she would put them down in the gateway of the railway.
Swyer. Q. Who first asked you to come as a witness? A. I was summoned—I was not threatened to be taken in custody—I was told I should be subpœnaed—I was not told what I was to say as a witness—I cannot swear that you came in when the bundle was brought, because I was not in the room.
ISABELLA WEEKS . I am single, and am a servant at No. 53, Upper Stamford-street—either Nash or my mistress gave me these men's clothes to pledge—I think they were both present—I pawned them at Burgiss's—I pawned this black silk dress at Walton's, in the name of Lloyd, by Mrs. Kirby's directions—I had been in the habit of pawning for her constantly before that, in the name of White.
Swyer. Q. Can you remember whether it was I or your mistress that gave you the suit of clothes to pawn? A. No—I told Inspector Holden that I thought it was you, but I cannot be sure.
WILLIAM HOLDEN (Police-Inspector). It is not true that I had connection with the girl Cartridge—when I have been at her house I have always been with other policemen—I took Kirby into custody on the Sunday evening, I think it was 7th January—I told him I should take him in custody with Swyer and another for stealing things from St. George's-road—that was another case—I did not mention this case—I took Mrs. Kirby on the Monday week following—I told her I should take her for receiving several dresses, well knowing them to have been stolen from 16, Waller-villas, Chelsea—
she said, "Yes, I know all about it—a bundle was brought up into Miss Cartridge's room; myself and Mr. Kirby were there drinking with Miss Cartridge—I introduced Miss Cartridge to Swyer—we went out and had a quartern of brandy together."
Swyer. Q. Will you swear you have not had any intimacy with Miss Cartridge? A. I swear it—I did treat her to a little drop of brandy and water at the police-court, as she was very cold—we did not have anything at the York Hotel—I only treated her once—I did not say that if you would plead guilty, you should turn Queen's evidence, and get off, but you asked me to allow you to do so—you gave me a statement, wanting to fix the robbery on a respectable person, and a poor fellow named Pettice cut his throat in consequence.
COURT. Q. What did Swyer say? A. That he did not do it, but that he was asked by Pettice to do it, and that there was a man who was a painter, living near—Swyer asked me to be allowed to plead guilty, and get through.
John Kirby. Q. How long after was it you saw Miss Cartridge before she told you of the robbery, or gave you any information? A. Not till Swyer was committed for trial on another case—I could get nothing out of her at first.
Cross-examined by MR. RIBTON. Q. Do you know Hillier? A. Yes; he was living at the Great Western Hotel—I believe him to be respectable—he also lived with Mr. Dawkin, of the Cornish Arms, who is willing to take him back—I believe him to be an innocent agent.
WILLIAM WATTS (B 253). On 14th December I went to 13, Palace-road, Lambeth, where Swyer gave his address—he came there in a cab with another man—Swyer went in and returned in a minute or two, and got on the box—the other man got inside, and they drove at a rapid rate up York-road—I followed in another cab—they stopped at the Rising Sun public-house, York-road, Swyer, and the other man, and the cabman—I went in, and called for a glass of ale—they got into the cab again, and I then told Swyer I should take him into custody for the robbery at Waller-villas—he struggled very violently, and said, "Oh, my God, what shall I do?"—I ordered the cabman to drive back to 13, Palace-road—Swyer struggled desperately all the way—I told the cabman to stop, and called a hackneycarriage man to my assistance, but the cabman threw the door wide open—Swyer and I struggled out, and the cabman drove away—I got Swyer into another cab, with the assistance of the hackneycarriage man, and took a constable in uniform with me to Brompton—I then took Swyer to the station—the prosecutor's house is in the parish of St. Luke's, Chelsea.
Swyer. Q. When you asked me if my name was Swyer, did I not tell you yes? A. You told me no; but I went with you to 13, Palace-road, because I knew your mother lived there—I found this key (produced) on you at the station—I tried it to your street-door, and it opened it—this other key fell from you—it could not have fallen from anyone but you—it laid at your feet—it was not there before—I took the look off at Wallervillas—I took it to the station—it was taken to pieces, and examined by a witness who is here—I went to Kirby's house on the Saturday I took a gentleman in custody named Lloyd, who is connected with Mudie's Library—I swore that he was you.
COURT. Q. Was he discharged? A. Yes—but I believed he was the man.
examined this lock and key—my opinion is that this skeleton would open the lock, when on Mrs. Barrington's door—it was formerly a Bramah key, but has been made into a skeleton—formerly this was a Bramah lock—it is nothing but a sham Bramah now, which this skeleton would have opened with the nib off—there is a little nib on a Bramah key, which is taken off this.
Swyer. Q. Did you take it to pieces, and examine it? A. I did, and the top of the slides dropped out of it—I did not say at the police-court that pieces of the key fell from the lock—I said pieces of the lock.
Swyer's Defence. There is not a particle of direct evidence against me; I was not seen in or near the place; no money was found on me; I was taken two days after the robbery, and had nothing to do with it; I gave my right name and address; my name is on the door; the police have been to different houses of the nobility and aristocracy where I work, trying to find out if anything has been lost, but they found nothing; Pettice's dying words were, "I will tell you that a man named Squires, a painter," who is now in prison, "has done it;" my name is not Squires, but Swyer, and from the similarity of name I have been brought here. If you believe the inspector, yon cannot believe Cartridge, and if you believe Cartridge, you cannot believe the inspector. The police have got on the wrong track; but rather than own themselves wrong, they say somebody must suffer; they know the man who did it, but cannot swear to him now, because they have sworn to me; I gave him a description of the two men that came to Kirby's house, but he does not want to apprehend them, because if he does I shall get out of it. I should like to call a witness from Messrs. Bramah, who manufactured the lock.
HENRY WILLIAM ABRAHART . I am traveller to Messrs. Bramah—I have examined this lock—it is one of their locks, but some one has had it, and taken all the security away—anyone can open it now—there are no wards—they could not have done it without taking the lock off—a key might break the wards off, but nothing would open it till they were taken out—it is like taking the works out of a watch, and leaving the case—I cannot say whether the wards have been taken away lately—Mrs. Barrington was perfectly satisfied with the lock—the lock has been made to the key, and not the key to the lock—when locks are sent to small men to repair, they take the works away to fit a certain key.
Cross-examined by MR. LEWIS. Q. If that key had the nib on, would that have opened the lock? A. No—this is a 4-guard key, and the lock is a 6-guard one; but the works were taken away entirely—this key would open it if it had a bit on it.
John Kirby produced a written defence, stating that he knew Swyer by calling to see Miss Cartridge; that Swyer asked him to raise money on the brooch and other articles, which he did, but did not know they were stolen.
Elizabeth Kirby's Defence. Nothing ever came into my possession, and what Miss Cartridge says is quite untrue.
The Court considered there was no evidence against HILLIER.— NOT GUILTY . JOHN KIRBY.— GUILTY .**— Ten Years' Penal Servitude . ELIZABETH KIRBY.— GUILTY .— Confined Twelve Months . SWYER.— GUILTY .—He was further charged with having been before convicted in the name of Hamilton, to which he PLEADED GUILTY.**— Ten Tears' Penal Servitude .
WILLIAM GREEN (City-policeman, 230). On 9th February, about 5 in the evening, I saw the prisoner standing at the corner of Leadenhall-street—he went up to a lady, who was waiting for an omnibus, and I saw him put his hand in her dress pocket, and take out this purse (produced)—I laid hold of him, and he dropped it—I asked the lady if she had lost anything—she put her hand in her pocket, and said, "I have lost my purse"—I said, in the prisoner's presence, "Is this your purse?"—she said, "Yes."
Cross-examined by MR. LILLEY. Q. Were you in uniform? A. No, in plain clothes—the pavement is not rather narrow as you come from Leadenhall-street into Gracechurch-street—it is from four to six feet wide—I should call that narrow, but not very narrow—there were passengers passing and repassing—the lady was standing still, holding an umbrella over her head—I think it was raining—there were two other ladies close to her—the prisoner came from towards Whitechapel—I laid hold of him when I spoke to her.
ELIZABETH MONTAGUE . I live in the East India-road—on 9th February, about 5 o'clock, I was at the corner of Leadenhall-street, waiting for an omnibus—I felt a tug at my pocket—the officer said, "Have you lost anything?"—I said, "Yes; my purse"—he was holding the boy—I saw my purse drop from him—the officer picked it up, and showed it to me—there was 6l. 11s. 9d. in it, and a goldring, value thirty shillings—it was safe in my pocket just before.
Cross-examined. Q. Had you been into a shop? A. Yes, into a jeweller's shop, but I did not take my purse out there, as I did not buy anything—I went in to order a ring—I had my hand in my pocket, and my purse in it at the corner where I was waiting—I have the same pocket on now—it is very high up, I do no know how the boy could get at it, my hand went into my pocket glove and all—I do not think a double hand would go in—I will pledge my solemn oath that I saw my purse on the ground—I felt so nervous at having lost my purse that I could hardly say whether the constable came up from before or behind—I said nothing to the ladies with me before the policeman came up, about feeling anything at my pocket, because it was done in a moment, and they were standing a little way in on account of the rain.
The prisoner's statement before the Magistrate:—"Please sir, I want to turn from my bad ways, and want you to send me to school."
GUILTY.**—Recommended to mercy by the Jury on account of his youth. — Confined Two Months and Three Years in a Reformatory.
252. WILLIAM MORTEN BULLEN (18), PLEADED GUILTY to burglariously breaking and entering the dwelling-house of William Henry Marybury, and stealing therein a pair of drawers, and other articles, his property.— Confined Nine Months ; and
NEW COURT.—Monday, February 26th, 1866.
Before Robert Malcolm Kerr, Esq.
The following prisoners PLEADED GUILTY:—
EDWARD WILKINS (Policeman, E 10). I produce a certificate of the conviction of Thomas Rooke, at the Clerkenwell Sessions, on 21st October, 1861, of uttering a counterfeit shilling—I am certain the prisoner is that man—I took him into custody on that charge.
GUILTY.— Five Years' Penal Servitude .
258. FREDERICK CLODE (26), and FREDERICK COMYN (23) , Unlawfully having in their possession counterfeit coin, with intent to utter it. . MESSRS. CRAUFURD and STRAIGHT conducted the Prosecution, and MR. PATER the Defence
AMBROSE SUTTON (Policeman, A 422). Previous to 23d January, I received instructions to watch 16, Hampton-street—I saw the prisoners go in and come out of that house on several occasions—on the 23d, I saw Clode come out and go into a coffee-house in Gray's-Inn-road, about a quarter to 10 o'clock—about a quarter of an hour after, I saw Cumyn come out of the same house and go into the same coffee-house—I, Sergeant Elliott, and another constable went into the coffee-house, and found the prisoners sitting in one compartment—I was in plain clothes—I told Clode I was a police officer, and should take him in custody for having counterfeit coin—he put his hand in his right hand trouser's pocket, took out a purse, and said, "That is all I have got"—I opened it in the presence of both prisoners and the other officers—it contained two packets, each containing eight bad shillings—I further searched him, and found one bad shilling in his right hand trousers' pocket—I told him they were bad—he said, "Do it as quietly as you can"—I said, "I will"—in the mean time Elliott searched Comyn—I took them to the station—on the way there Clode said, "A young man in Islington told me where to get them in the Dials"—at the station I gave the bad money to Mr. Brannan.
ARTHUR ELLIOTT (Police-sergeant, G 13). I had been watching this house several days—I confirm what Sutton has said as to seeing the prisoners going backwards and forwards—I went into the coffee-house with, the other officers—both prisoners were sitting at one table—I said to Comyn, "I am a police-sergeant; you are suspected of dealing in counterfeit money"—he said, "I have no counterfeit money about me, neither have I passed any"—I said, "I shall want to search you"—he said, "You can if you like; don't let the landlord know who you are"—I said, "No"—he said, "Do not make a noise about it; do it quietly"—I did not find anything on him—the two packets Sutton found on Clode were opened in my presence, and also in that of Comyn—Comyn said, "Let's go out quietly, as if we were not taken into custody, as the landlord does not know who you are"—they went to the station quietly—Mr. Brannan, senior, was there—Comyn said to him, "I believe you are Mr. Brannan, and I believe you are acquainted with the Mint"—he said, "Yes "—he said, "If we are discharged, I have no doubt we shall be able to render you some good assistance—Brennan said he could not say anything as to that, that would lie with other parties; he could not hold out
any hope as to foregoing the charge—Comyn said, "We got them from the Dials"—I went with Mr. Brennan and the prisoners to search the room in Hampton street—both prisoners said, "You will find a counterfeit half-crown and a florin in the drawers," which were found in my presence.
Cross-examined. Q. Were you all in the coffee-house at one time? A. Mr. Brannan was not there—I did not search Clode—Crackford, another constable, had been watching this house with me and Sutton—we were all under Mr. Brannan senior's, leadership.
JAMES BRENNAN . On 23d January, I was called to the Clerkenwell police-station—Comyn said to me, "You are Mr. Brannan from the Mint?"—I said, "I do a good deal for them; what is it?"—he said, "If they will forego this charge we can render them services"—I said, "I am not authorised to hold you out any inducements; our duty is simply to listen to what you say, and repeat it before the Magistrate, if called upon to do so"—he said, "We have got this money from the Dials"—I said, "Yes; I quite imagine that; at the King's Head in little White Lion-street, Seven Dials"—they looked at one another, but made no reply—I said, "We have had you under notice since you have been living in Hampton-street, and we are now going to search your place"—he said, "Pray, Mr. Brannan, do it as quietly as you can, I have no desire to be further exposed; you will find half a crown and a florin in a drawer there"—I told him he should be present at the search—we searched the place, and found the half-crown and florin as described—it was the second floor front room—I received from the constable sixteen shillings at one time, and one at another—they were wrapped separately in paper—these are them (produced)—I also produce the half-crown and florin.
PRISCILLA GOFF . I am the wife of William Goff, who is the landlord of the house in Hampton-street—I let lodgings there—Comyn took the second floor front—Clode used to come there—they slept together in that room—Comyn said he was a clerk, and Clode an assistant surgeon.
Cross-examined. Q. I suppose all the rent was paid there? A. Yes, and in good money—I had no fault to find with them—as far as I knew, they were respectable men.
COURT to ARTHUR ELLIOTT. Q. Did Comyn say he bought the seventeen shillings of a man in the Dials. A. No, he said he got them from the Dials. COMYN received a good character.
GUILTY .— Five Years' Penal Servitude each .
MESSRS. CRAUFURD and STRAIGHT conducted the Prosecution, and MR. PATER the Defence.
EMILY BOXALL . I am house-keeper to Mr. Walker, 99, Jermyn-street—on 12th February, Robinson came in and asked the price of a haddock—I told her fivepence—she gave me a half-crown—I bent it, and asked her if she had smaller change; she said, "No"—she went out of the shop, and did not take the fish—I asked her to get change, but she did not come back—I communicated with the police.
Magnesia—she gave me a shilling, and I gave her a sixpence, threepence, and two postagestamps—I put the magnesia in the paper (produced), and wrote on the outside—this is my writing.
MARY JEMIMA ORDWAY . I live at 159, Piccadily—on 12th February, Robinson came in and asked for some rat poison—I served her, it came to threepence—she gave me a half-crown, which I put in the till—there was no other there—I gave her 2s. 3d. change—a policeman brought her back, I then tried the half-crown, found it bad, and gave it to the policeman.
WILLIAM MICKLEBOROUGH (Policeman, A 307). I was passing through Jermyn-street—Mrs. Boxall spoke to me, and in consequence of what she said, I followed Robinson—just at the corner of Duke-street I saw her join Roberts—they had some conversation and then parted; Robinson going down Duke-street towards King-street—Roberts stood at the corner—I followed the woman half-way down the street, and there passed her—I fetched A 322, and lost sight of her for a few minutes—I went into St. James'-street, and there saw both of them walking on the west side, in the direction of Piccadilly—they separated at the corner of Bennett-street, the woman going into Mr. Harris's shop, and the man went to the corner of Arlington-street, and back again—the woman rejoined the man against the Wellington Club in St. James'-street—I then went into Mr. Harris's shop, and asked what the woman had purchased, and what she had tendered, they said, a good shilling—I followed them into Piccadilly, where they separated again—the woman going into a brush shop, and the man to the corner of Arlington street, where A 322, took him in custody—I waited at the door of the brush shop, and when the woman was leaving, I took hold of her right hand, and put her back into the shop—I asked the last witness what the woman bad purchased, she said, three pennyworth of rat poison, and that she tendered half-a-crown—I asked her where it was, she handed me from a box, this coin (produced)—in Robinson's right hand I found 2s. 3d., which the last witness said she had given her in change—the female serer found on her 1½d., and a number of duplicates—I searched Robinson, and found two sixpences, sixpence in coppers, and two postage stamps—the rest of the search was made by the other constable.
Cross-examined. Q. You searched Roberts did you not? A. I searched his trousers and waistcoat—I took his coat off, and handed it to another constable.
JOHN FRASER (Policeman, A 322). I was called by Mickleborough on 12th February—I saw the woman go into Mr. Albury's shop—I went up to Roberts, who was standing at the corner of Arlington-street—I asked him if he knew the woman that had gone into the shop, he said, "No"—I asked what she had passed to him in St. James's-street, he said, "An orange"—I took him to the station, and in the right pocket of his great-coat, I found eight counterfeit half-crowns, and this packet of magnesia—one half-crown was separate from the others.
GUILTY .—They were both further charged with having been before convicted of like offences, to which they PLEADED GUILTY.
ROBINSON.— Confined Eighteen Months .
ROBERTS.— Five Years' Penal Servitude .
MESSRS. CRAUFURD and STRAIGHT conducted the Prosecution.
February the prisoner came there for two eggs, which came to 1½d.—she gave me a bad shilling—I bent it easily with my teeth—I laid it on the counter, and she picked it up, and walked out—I followed her, and gave her into custody—I charged her with passing bad money—she said she had thrown the shilling away—I saw her raise her left hand, and put it in her mouth—the policeman caught her by the throat, but could not prevent her swallowing it—he said to her, "You have swallowed it," and she said, "Yes, and now I have licked you."
WILLIAM NORRIS (Policeman, B 124). The prisoner was given into my charge—I asked her where the shilling was, and she said, "I have thrown it in the street"—I said, "Let me look at your hand"—she then put her left hand to her mouth—I saw a shilling in it—I endeavoured to prevent her swallowing it, but could not—I said, "You have swallowed it," she said, "Yes, now you are licked"—she was searched at the station, and 2d. found upon her.
NOT GUILTY .
MESSRS. CRAUFURD and STRAIGHT conducted the Prosecution.
JOHN WILLIAM SEABROOKE . I keep the Horse and Groom beer-shop, Hackney-road—about 5 o'clock on 24th January, the prisoner came in, and asked for half-a-pint of ale, which came to 2d.—he gave me a shilling, I tried it, and found it was bad—I went the other side of the bar, and told him I had been looking for him—I said "You have been here two or three times before"—he moved round to the corner and dropped a packet, which I afterwards found to contain thirteen shillings—I gave the first shilling to my wife—I gave the prisoner into custody.
ELIZABETH SEABROOKE . I have heard what my husband has just stated—the prisoner also came in on the previous Thursday, and had a glass of ale—he gave me a half-crown—I gave him his change—he drank his ale, and left quickly—in consequence of that I looked at the half-crown, and found it was bad—I put it in my pocket till the next morning, and then showed it to my husband, who put it in the fire, and it dropped through the bars like a piece of lead—on the Monday before the Wednesday, he came in and had a half-pint of porter, and a screw of tobacco—I knew him again—he gave me a shilling—I told him it was bad—he said, "I am very sorry, I have only a penny, and I will drink the porter"—I told my husband that he was the man I had received the bad half-crown of—I received a packet containing money from Mr. Balme who was standing in the bar, which I held until the constable came—my husband gave me a bad shilling, which I gave to the constable.
GEORGE BALME . I am a tobacco pipe maker, of Canalwharf, Mile-end-road—I was in the Horse and groom on 24th January, and I saw Mr. Seabrooke take the prisoner by the collar—I was standing on his left side—I heard something drop which sounded like money—I picked a packet up, and handed it Mr. Seabrooke—it was about a foot from the prisoner—there were shillings in it, but I do not know the number—there was no one else standing at the bar at the time the packet was dropped.
JOHN BURROWS (Policeman, H 90). I took the prisoner—Mrs. Seabrooke gave me these fifteen shillings—this one I have kept separate from the others—I asked the prisoner if he had any more like these, and he said,
"No, the money that was dropped did not belong to me"—before he said this, I had told him there were fourteen shillings.
GUILTY .— Confined Two Years .
MESSRS. CRAUFURD and STRAIGHT conducted the Prosecution.
WILLIAM SUSSUMS (Policeman, F 49). On Saturday, 17th February, about 7 o'clock in the evening, I was on duty in New-street, Coventgarden—from information I received I went after the prisoner—he was walking up King-street Coventgarden—I said, "You have sent a little boy into a tobacconist's shop for some tobacco, and gave him a counterfeit shilling"—he said, "I took it for good"—I took him back to the tobacconist's, which is kept by Mr. Nesbitt—I asked him where he got the money from—he said he did not know exactly, and mumbled something, but I could not hear what—I asked him where he gave the little boy the shilling—he said in a public-house—I took him to the station—he there said, "I have got more on me, some one must have put them in my pocket—I searched him, and found three shillings and a florin in his left waistcoat pocket, and two shillings in his right pocket—Mr. Nesbitt gave me a shilling—I also found a sixpence, and 4d. in copper, good money—the boy's name was John Kennedy—he pointed to the prisoner as the man who gave him the shilling—I found some tea, sugar, and a loaf of bread on him.
ROBERT NESBITT . I am a tobacconist, of 9, New-street, Coventgarden—on 17th February, a little boy came into my shop, and asked for an ounce of tobacco—he gave me a bad shilling—I asked him who sent him—he said, "A man"—he went away, and came back again in two or three minutes, with his father—the constable brought the prisoner back, and in his presence the boy said that he had sent him for it—I asked the prisoner where he got the shilling from—he mumbled something which I could not understand—I asked him if he had any more money to let the policeman see—he made no reply—I gave him into custody.
GUILTY .— Confined Two Years .
265. JOHN SMITH (64) , to burglariously breaking and entering the dwelling-house of John Isaacs, and stealing there-in 1 cape, his property; having been previously convicted.— Seven Years' Penal Servitude . [Pleaded guilty: See original trial image.]
269. THOMAS MANSFIELD (19) , to stealing 135 yards of flannel, the property of the South Western Railway Company; havingbeen previously convicted.— Seven Years' Penal Servitude . [Pleaded guilty: See original trial image.]
OLD COURT.—Tuesday, February 27th, 1866.
Before Mr. Common Serjeant.
MR. SERJEANT BALLANTYNE with MESSRS. SLEIGH and BESLEY conducted the Prosecution, and MR. METCALFE the Defence.
ROBERT WILLIAMS . I was twenty-two years in business in Mortimer-street, and have now retired on my means—six years ago I purchased the leasehold interest in five houses in Bolsover-street, and, about a year and a quarter ago, I purchased the house in question, 63, Bolsover-street—I let the houses out in apartments, and placed a deputy in the parlours of each to let it out for me—in No. 63 I entrusted that duty to a man named Simmonds and his wife from the end of September—the prisoner became the tenant of the front room, second floor in July, 1865; under my previous deputy, Mrs. Walter—he remained there till 23d January—I gave his wife notice to quit on 4th September, but they did not do so—I summoned him before a Magistrate for running after me furiously out of his room, and saying, "Now I have got you I will do for you"—he ran after me to the third floor—the Magistrate bound him over to keep the peace towards me—on 17th January I went there and saw a board five or six feet long and a frame at the end of it about eight inches deep and two or three feet long, out at the second floor front room window, on which was a paper with the words, "Bawdy House" written very conspicuously in the form of printing letters—this is the frame (produced)—I got a broker to go and look at it—there were people in groups in the street looking at it, and there was great excitement.
Cross-examined. Q. When was that? A. On 1st January, this year—Mrs. Simmonds, my deputy, came to me at the end of September, with her husband, apparently, and said that they wanted to take the apartments, and that she was a dressmaker and her husband a carpenter—they went to the house together, I believe, but I cannot be sure of anything I have not seen—this letter (produced) is my writing—on the day after Christmas day I let John Simmonds, the apparent husband, the room I had let to the prisoner, but Simmonds had been in the house from September—I firmly believed she was the wife of Mr. Simmonds—she was my deputy at the time this happened, and had had the letting of the various rooms from September to January—I did not try to find out for my solicitor where she had gone to—I never saw her since I found she had deceived me, which was at the police-court, when she swore she was not married to Simmonds, having told me the day previous that she would take her oath that there was no truth in the report that she was not married—she was my witness at the police-court—she said there that she had let men into the house to prostitutes; but the very day before she had told me she would take her oath that not a gentleman had been in the house since she had been there—I sent them all off because my confidence was gone, and I should have sent her off before if I had known it—I had a complaint about No. 63 in
October—Mr. Atchison wrote to me to say that Mrs. Walter, my deputy, was an improper character, and next morning I called on him, and told him that Mrs. Walter had been gone out of the house for two or three weeks—he said, "If she is gone, I have nothing more to say"—I gave him the numbers of my other houses, and said that if he knew anything wrong of them I should be obliged to him to let me know—I have not found out to this day that Mrs. Walter was an improper character—Mr. Atchison is a solicitor, of, I believe, No. 78, Bolsover-street—this (produced) is his second letter—Mrs. Walter was withdrawn before the first letter was written—Nose. 62 and 63 are my houses—I never had anything to do with No. 65—(A letter from the Vestry of All Souls' Parish was here produced)—I do not know whether "the abandoned woman" spoken of here is Mrs. Walter—Mrs. Simmonds said she would take her oath that Mrs. Walter had not been there, but that her daughter had come for letters—if I may believe Mrs. Simmonds, prostitutes were living in the house and receiving men up to the time the board was put up—but I cleared out every woman, guilty or not guilty—this letter is dated 29th December.
Q. Let us go on: "As these women very frequently return home in open day, followed by paramours, &c., I am directed to require that the house be cleared forthwith, and to intimate that any similar complaint will be submitted to the solicitor of the Duke of Portland." Is the Duke of Portland the ground landlord? A. Yes—Mrs. Simmonds was my deputy at that time—I cleared out all the women, and cleared out Mrs. Simmonds as soon as I could—she remained up to the time the board was exhibited—I will explain that; on 1st January I went there to serve the notice to quit, I opened Moran's door, and he rushed after me, and kept me nearly two hours like a prisoner in the house—the law does not allow you to take these women and turn them out—the wife of a police-constable did not complain that there were prostitutes in the house, but when I gave Mrs. Robinson, at No 58, notice, she said that Mrs. Powell, my deputy there, ought to be turned out; but I had known Mr. Powell as a respectable man holding a responsible situation for twelve years—Mrs. Robinson is a policeman's wife—she is quiet enough—they lived in the front kitchen at 58—she never said that prostitutes had been living in that house.
Q. I will read your statement at the police-court: "His wife made a complaint about the prostitutes living in the house." Is that true, or is it not, did she complain about prostitutes lodging in the house? A. I believe not, but in her fury, she is such a virago that she really said to me that I was an improper character—I told Mr. Robinson that I would have him for a tenant for years, but as to his wife, it was impossible—I have no distinct recollection of her complaining that there were prostitutes in the house—I never advised my deputies in different houses that no policeman should be taken in to lodge.
Q. I have again your statement at the police-court, "I have advised that no policeman should be taken into the house." A. That was about Mrs. Powell, that was confined to No. 58—amongst other ladies to whom these rooms were let, there were some French artificial flower makers—Mrs. Simmonds let the rooms to them—I did not go after the references—either I or my wife collected the rents—persons are sometimes out and leave the rent with the deputy—I waited on these French ladies at 63 and collected their rent, one had the second floor, and the other the Second floor back—they dressed very plain and simple, as you see them dressed in the streets of Paris—they were mother and daughter, and one of them could not speak
English—I charge 10s. 6d. a week for the first floors and 18s. for the parlours with the rooms below, out of which I allow 2s. to the deputy to look after the house; 10s. for the second floor, and 8s. 6d. for the attics, which are square rooms; 2l. 5s. for the whole house—I only pay ground rent—there is no house in the street to be let for 40l. if kept in anything like repair—they are double that—I don't let them right off because I had so much trouble with the other four houses which I let yearly.
MR. SERJEANT BALLANTINE. Q. How many houses have you got altogether? A. About ninety—I have been spending money on the repairs of these houses ever since I have had them—No. 63 is in thorough good repair—Mrs. Simmonds is about thirty or thirty-five—I cannot tell whether a woman is married by looking at her; she assured me that she was married, and her husband too—one of the French ladies is sixty or seventy, and her daughter thirty or thirty five—they seemed to be dressmaking when I went there—until I received this letter, I had not the slightest idea that there was anything wrong, and I know nothing about it now but what I have been told—there is a grandmother, mother, and daughter at the top, but I never heard anything against them—all my houses in that street are let in that way—I have had no complaints against the others—I know the character of Bolsover-street when it went by the name of Norton-street, and I always said to the persons who I let them to, "Be sure you take no loose women, and have no people that are in the habit of drinking and fighting; get working men and their wives, if you can"—if I render the place respectable, it will add to its value—the houses are very much improved; they are worth half as much again.
MR. METCALFE. Q. Did not Mr. Hinchman, who lives in the street, complain to you? Yes—he said, "You must be careful of the houses, because the Vestry are watching you, and I am in the Vestry"—I said, "The more you watch me, the better I like it, if you will only let me know"—he did not warn me that he should bring the matter before the Vestry—I never spoke to Mr. Thomas Egleton, or he to me—I do not know him.
JOHN BLUNT . I live at 88, Newman-street, and am a commercial man—on 17th January, about half-past 8 or a quarter to 9, I was in Bolsover-street, and saw a frame projecting from the secondfloor window of No. 63, with the words "Bawdy House" on it, large enough for me to read it in the street, but I cannot swear that the words were on each side—I saw the defendant at the window where the placard was put out—there was no obstruction to the traffic at that hour.
JAMES CRASK (Policeman, E 160). I was on duty in Bolsover-street, and saw the placard put out, with "Bawdy House" on each side of it—a dozen or eighteen people were there, but they decreased, as it was very soon read, and the board was taken in.
ELIZA SIMMONDS . I am not married—I live with a man—I went with him to take two rooms in this house—the prosecutor asked me if I was married, and I told him yes—he asked me how long I had been married, and I told him two years; but when I was put upon my oath, I was obliged to say the truth.
Cross-examined. Q. Who is the man you live with? A. John Nichols, a carpenter—he went there when I first went, but we took another room afterwards—I do not know whether he is married—I did not say at the Police-court that I had heard that his wife was alive—I have let men into the house, but I do not know their business; if they have rung my bell, I have answered it—they went into the room where the French lady was, but
she is not young; she is forty-two—there are other lodgers there—I have let men in who have gone up to see women living in the house—those women have not walked the streets to my knowledge—they all bad latchkeys—they sometimes came in early and sometimes late, and so did everybody in the house—I do not know that there were any prostitutes living in the house—there was a man and his wife living in the drawingroom—that was the lady of forty-two—two French ladies lived below—the mother was quite seventy, and the daughter forty, who had a daughter of fifteen—I lived below them, and Mrs. Randle lived in the large room—I did not inquire for their certificates—I did not let any of the rooms after December—Mr. Williams said that there was a complaint that some one had left the door open, and their paramours had followed them, but that was false—the door was repeatedly left open by the people up stairs—I did not hear complaints that prostitutes lived in the house till the parish officer came and insisted on the board being taken in—I never heard a complaint from any one but Mr. Williams.
MR. SERJEANT BALLANTINE. Q. What directions were given to you by the other defendant? A. To let to no single women or prostitutes—I do not believe that any women in the house were prostitutes—I heard no complaints against Moran and his wife—he left the door open, I complained, and she was very insulting to me—her face was dreadfully furrowed, but I do not know how it was done.
At the close of the case for the prosecution, MR. METCALFE submitted that there was no case to go to the Jury. Counts two and three charged that the words "Bawdy House" were published of and concerning the occupiers of the house in Bolsover-street, without mentioning the names of those persons, and were therefore bad. Count four, which charged a nuisance by causing persons to assemble in the street and obstruct passengers, was not supported by any evidence. As to the first count, the words did not impute, as the inuendo alleged, that the house was a bawdy house to the knowledge of Mr. Williams, and although it might be a libel on the house, it did not amount to a criminal offence, unless it was also a libel on an individual.
MR. SERJEANT BALLANTINE admitted that the fourth Count failed for want of evidence. He contended that the second and third Counts were good in point of form, if the Jury believed that the libel was directed against the persons inhabiting the house. But the real issue was, no doubt, raised on the first Count; and there was abundant evidence that the defendant, out of spite, and in consequence of being summoned by Mr. Williams for a breach of the peace, intended by the words to impute the charge set forth in the inuendo/—namely, that it was a bawdy house with the consent, and by the procurement of that gentleman.
MR. METCALFE, in reply, cited the Queen v. Barrett (32 "Law Journal," Magistrates' Cases, p. 36), where it was held that if the landlord of a weekly tenant, using the house as a brothel, received no additional rent, he could not be convicted of keeping a brothel after notice of the immoral occupation, simply because he did not give the tenant notice to quit. The learned Counsel also quoted the Queen v. Stannard (33 "Law Journal," Magistrates' Cases, p. 61), where it was held that a landlord, letting the rooms of a house weekly to young women who, to his knowledge, used them for purposes of prostitution, could not be convicted of keeping a disorderly house, if he only went to his house to collect his rents, received no share of the girls' earnings, and had no other control over them than the right to end their tenancies. It was, therefore, clear, from these cases, that the libel could not affect Mr. Williams, who did not live in the house, and who was in much the same position as the defendant Stannard.
THE COURT said that there was some evidence of malice, which might support the inuendo of malice in the first Count, and could not withdraw the case from the Jury.
MR. METCALFE then called the following Witnesses for the Defence:—
THOMAS JEREMIAH STARLING . I am a plumber and builder, and have lived at 40, Bolsover-street, four years—that is opposite 63, which has been occupied since about a month after Christmas, 1864, by persons who I always thought, by their appearance, were disreputable characters—I have seen them going out and in at various times in the day and night, up to half-past 2 in the morning; women, and men following them—I have seen cabs drive up to 59—a woman then goes in first, and in five minutes she comes to the door and holds up her finger, and the gentleman goes in—they have been different gentlemen in all cases—I have seen that fifty times in the twelve months—I have seen three different ladies do that—they have latch-keys, and I have seen them go in and leave the door unlatched, and the gentlemen go in—I have seen those ladies soliciting gentlemen in Portland-place—it has been a nuisance to me and my family, and a pecuniary loss also—my first floor stood empty four months.
Cross-examined. Q. Did you know that Mr. Williams was the owner of the house? A. Yes—I made no complaint to him.
MART ANN STARLING . I am the wife of the last witness—I have seen most disreputable characters for the last twelve months going in and out of No. 63 at all hours of the day and night, both ladies and gentlemen—the ladies lived in the house—they bring gentlemen home, and I have seen three and four in one day setting down in a cab, by night as well as day—I have seen those ladies in Portland-place and Regent-street, and soliciting gentlemen.
Cross-examined. Q. How late have you seen them soliciting gentlemen? A. Up to 12 o'clock at night—the last time I came through the street and saw one it was 12 o'clock at night—I mean to swear that that person was living in the house—she was a stout person—it was just before Christmas.
JOHN KIRKMAN . I have retired from business, and have lived at 76, Bolsover-street, seven years—that is on the same side as 63, some distance off—I am a vestryman of St. Marylebone—I have not seen anything particular going on at 63; but, six or seven months ago, in consequence of what my neighbours said, I told Mr. Williams that it was a serious matter, that there was no doubt the house was very badly let, and that it could be proved that women lived in the house who walked the streets for their living, and that if it was not altered, the Vestry would take the matter up—he appeared not to like what I said, and we separated.
Cross-examined. Q. What did Mr. Williams really say? A. He said, "You must not believe all you hear," and that there was a complaining party in the house, and he would get rid of them.
THOMAS EGGLETON . I live at 73, Bolsover-street, on the same side as 63, and am a wholesale blind manufacturer—I know No. 63 very well, and have been accosted to go there—the first time was a fortnight before Christmas, when two ladies met me, and one said, "Will you go home with me, my dear?"—I said, "Where do you reside?"—she said, "A little way up the street here"—they told me that they lived at No. 63—I have never been with them.
COURT. Q. Did you ever see them at the house? A. No; but I know it was badly conducted from what my neighbours said, and it was very much depreciating my property—I have not spoken to Mr. Williams, but my neighbours have, and he treated them very disrespectfully.
Cross-examined. Q. Had you anything to do with this board? A. No, but I saw it up—I have heard that on a requisition to the parish, the house would be prosecuted, and we intended to try and do it.
CHARLOTTE ADDISON . I am married, and live at 64, Bolsover-street—I have stood at my door and seen gay women go into No. 63, and gentlemen in white kid gloves follow them, and dogs after them—I have seen those ladies walking in Portland-place—three or four have lived there since Mr. Williams took the house—they vary at different times; some leave, and fresh ones come in—persons from that house have walked the streets during the last twelve months—I have seen them look at gentlemen, and come home with them in Hansoms and go into the house, which has been a nuisance to me.
Cross-examined. Q. Who lives in your house? A. My lodgers—some of them are single young women, I believe—they go out to needlework—there are two or three of them—they are dressmakers, I believe—I do not know whether they are dressmakers of the same kind as those at 63—no gentlemen visit the house.
JANE OSBORNE . I live at 41, Buckingham-street; the landlord's entrance is in Bolsover-street, near No. 63, which has been a thorough bad house for the last two months—I have seen ladies go in there with gentlemen—there was a lady on the second floor named Emma Moore, who was kept by a gentleman named Nat Savage, who drives in his coach and horse up Bolsover-street now—he lodges at No. 66, Mrs. Dawkins'—he is an old gentleman—I have seen Mrs. Simmonds open the door to gentlemen, and let them in and out—I know she used to let the parlours out occasionally for temporary affairs to gentlemen and ladies who did not lodge in the house.
MR. SERJEANT BALLANTINE stated that the prosecutor had heard this evidence with the greatest astonishment, and would consent to a verdict for the defendant on the plea of justification.
NOT GUILTY .
MR. POLAND conducted the Prosecution.
JOHN MORRIS . I am a warehouseman, in the employ of Solomon and Co., of Houndsditch—on 2d February, I had been to Deptford to see a relation who was ill—I returned to town by train, and walked over Londonbridge to Gracechurch-street—I entered Talbot-court, and was followed by three men—one of them put his arm round my throat, and kept my head back while two others rifled my trousers' pockets—I was then on the ground, and they held me there till I became almost senseless—they found I had no money in my trousers' pockets, and threw me violently on the ground—I fell on my hat—the prisoner is one of them, but not the man who put his arm round my neck—he rifled my pockets, and assisted in throwing me on the ground—one of my pockets was torn completely out and the other is torn, but I had nothing there—I had 1l. or 25s. in my waistcoat-pocket, which I kept all right—they left me on the ground and went towards Gracechurch-street—I called "Police!" and followed them—they had not left the court—the policeman met them half way, and stopped them a very short distance off—I gave them in charge—I did not lay hold of them, as I was bleeding from my nose, and my face was saturated with blood—the constable took the prisoner; the other two got away—I did not see Mrs. Hodgson there, as I was in such a state of agitation and suffering.
Prisoner. Q. When the policeman took me, you said, "I think that is
the man that rifled my pockets?" Witness. No—I am positive you are the man—you were not out of my sight, except momentarily, as you turned the court.
ELIZABETH HODGSON . I am the wife of James Hodgson, a bootmaker, of Swan-place, Blackman-street, Borough—on Tuesday night, I was with an old lady of seventy-three and another friend, coming over Londonbridge, and saw the prisoner and two others following me from the other side of the water—the prisoner came in front of me by the Queen's insurance office, Gracechurch-street, and clapped his hands, but finding his companions were not behind us, he left and joined them at Talbot-court—I distinctly heard a cry of "Police!" and saw the prisoner put up his hand and knock the prosecutor into the middle of the road, where he remained all the way up Gracechurch-street—he did not quite knock him down, but he reeled into the middle of the road—Morris said, "I charge these men with assaulting me"—each of the others said, "No, sir, not me, sir, for I have just come over the water," which I know they had—the others escaped, and I saw the prisoner taken—I had scarcely lost sight of him, as there was scarcely another man in the street—I did not go to the station, as I had to catch the last train to Blackwall; but I saw the case in the paper on Monday, and thought it my duty to come forward—when I saw the prosecutor struck, it was after what I saw at the end of Talbot-court—I heard the cry of "Police," and we turned and met the three men together, coming from Talbot-court—there was only us in the street at the time.
JOHN MORRIS (re-examined). After I came out of the court I was in the road, but I have no recollection of the blow which the lady saw, I was in such a state of agitation—I followed the men in the road with my hat in my hand.
RICHARD MCQUEEN (City-policeman, 807). I was on duty in Gracechurch-street, and heard a cry of "Police!" near Talbot-court—I saw the prisoner and two other men come from the court together, and turn up Gracechurch-street at a quick pace, slowly followed by Morris, who got into the middle of the road with his hat in his hand, calling "Police!"—I stopped the prisoner, and tried to take the other two, but they escaped—Morris gave the prisoner into my charge—he was suffering very much and bleeding from the mouth and nose, and his trousers were torn—the prisoner said, "You tell a wicked lie; I have come from the other side of the water"—I found nothing on him but a pair of stockings—he refused his address—I did not see him strike Morris.
Prisoner's Defence. I was walking over Londonbridge, and heard a cry of "Police;" I looked round, and the policeman got hold of me, and said he saw me leave the court; the prosecutor gave me in charge, and next morning at the station-house, he said I was one of the three that rifled his pockets.
GUILTY .— Five Years' Penal Servitude .
The following prisoners PLEADED GUILTY:—
274. GEORGE BOXALL (31) , to feloniously forging and uttering a bank bill of Exchange, with intent to defraud; also to stealing out of a post letter a bank post bill, the property of Her Majesty's PostmasterGeneral. — Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
275. JOHN WELLINGTON LOSEMORE (29) , to stealing a bill of exchange for 2, 500l. of Pierre Isnard and another, his masters; who recommended him to mercy.— Confined Eighteen Months . [Pleaded guilty: See original trial image.]
278. FRANCIS MEE (18) , to stealing 1 watch and chain and other articles, value 16l. 1s. and a bill of exchange for 26l. 18s. the property of William Most, in his dwelling-house; also to forging and uttering an order for the payment of 26l. 9s. with intent to defraud.— Confined Twelve Months. [Pleaded guilty: See original trial image.]
279. , and GEORGE PURRUCKER (22) , to stealing 4 table-covers and other articles; also 43 yards of plush, and 3 table-covers; also 48 yards of plush, and 10 table-covers; also 6 other table-covers, the property of John Downie his master.— Confined Twelve Months . [Pleaded guilty: See original trial image.]
MR. METCALFE conducted the Prosecution, and MESSRS. RIBTON and BESLEY the Defence.
CHARLES BATTY . I am an engineer of 11, Howard-place, Kenningtonpark-road—on 17th July, I met the defendant—I knew that he was an attorney—I had had one transaction with him before—he was the attorney in a bill transaction—he asked me bow I was getting on—I said, "Pretty well, but I am short of money"—he said, "If you want money, I can find you a little"—I said 20l. or 30l. would be of service—he said, "If you will have a bill drawn and accepted, I will get you some money"—a bill was obtained by him—he drew it for 30l. and I accepted it—he took it, and said he should be able to let me have the money in two hours, if I would call at his office, as he had a friend who had some money, and he could get any little amount of that kind—no consideration for his trouble was arranged at that time; but when I saw him at his office he said, "You must pay me 3l. or 3l. 10s."—I called again the next day to know if he had cashed the bill—he said the bill had not been cashed—I called for three weeks, and sometimes three times a day, but could get no tidings of the bill being cashed, or get the money—he said, "I have not got the money for you yet, Mr. Batty; if you look in again, I may have it"—he did not tell me he had parted with the bill—Mr. Bailey afterwards called and presented the bill to my wife, and in consequence of what she said, I called on Mr. Bailey on Monday morning at 8 o'clock, and acknowledged my signature—that was the first I knew of his having the bill—I arranged with him to meet me at Mr. Weekes' office to give up the bill, or pay the money—we met there, and Mr. Weekes had each of us in separate rooms, and discussed the matter separately—I went in first—he said, "I will see what can be done in the matter"—after that, he called in Mr. Bailey; but I left the room first, and he saw Mr. Bailey in the same room—I heard them quarrelling, and rushed in and found them fighting—I did not succeed in getting the bill or the money—Mr. Bailey is sueing me on it now—when I gave it to Weekes, he said, "If I cannot cash it, I will return it."
Cross-examined by MR. RIBTON. Q. You say you had one transaction with him before? A. Yes, about December, 1863—he was the attorney for a clerk of mine, in reference to a bill—a friend of mine wished for a little money—I owed him 18l. and he wished me to draw a bill for 30l.—my clerk took it and brought back a bill, which I threw in the fire—I supposed it to be the original bill, but it was only a copy—I had sent it to my friend,
but he had received no money by the first post, and sent it back to me by my clerk—that is the only transaction that I had with Mr. Weekes—whatever my clerk did with him, is unknown to me—it has come to my knowledge that my clerk has had dealings with Weekes as for me—I have property at Norwood—Mr. Weekes is not negotiating to raise money on it for me—I have not given him a list of the property—I gave him a rough draft to take a copy from for a Mr. Lanbam—that was for a loan which I was negotiating in a friendly manner with a gentleman in the city—he made a fresh copy, because I wanted it.
Q. Why did you give it to an attorney to copy, when you had a clerk? A. He offered to make it—when I called on him, I said, "I want a copy of that Mr. Weekes, can you oblige me?"—that was in July or August—it was about a week or a few days before that matter occurred, that I asked him to make the copy—I mean to say I did not tell him anything about a loan when I went to him—I only said, "I want a copy of this"—he returned the original—I could not get my clerk to do it; I have no clerk—he did not ask me the name of the gentleman who was going to advance the money—I did not pay him for that; he has never made any charge—whenever he pleases, I shall be willing to pay—I have never done other business with him, only in connexion with my clerk—I have speculated very little; my company in the Strand is wound up—I wanted money to carry on my business—I have gone there on Saturday and said, "I must have money at any cost to pay my men tonight," but that is since this bill—I cannot say what agreement there was at the moment, but within half an hour, there was an agreement for 3l. 10s.—he was to get it discounted—nothing was said about his having anything beyond the 3l. 10s. or rendering himself liable—I did not ask him to do it—he asked me—I called at his office from that day up to Saturday, 5th July—he told me there was a gentleman coming that day for the bill—I do not know that Mr. Bailey went on the Saturday—I waited there an hour and a half or two hours for the cash, as Weekes said if I waited, the cash would be brought back in an hour—I do not know that Bailey called there that day—a gentleman called on me that Saturday night, who left the name of Bailey, and no doubt it was Mr. Bailey, the now holder of the bill—I was not at home—my wife told me what she stated to Mr. Bailey—she did not recognise my signature on it, but said that she believed it was it—I called on Mr. Bailey at 8 o'clock on Monday, and assured him that it was my signature—he said that knowing it was my signature, he did not return on Saturday with the cash—I acknowledged it as my signature—it was after that, that I heard the scuffling—Bailey is not a strong man; he is a small man—they were fighting about some documents, and some business between them I believe—Weekes said he would send for a policeman, and that he must have the bill back again—I heard nothing of the bill till Bailey sued me on it—my solicitor is Mr. Casen, of Bloomsburysquare—I believe, from what Bailey has said, he has never given a farthing for this bill.
MR. MBTCALFB. Q. What money would Bailey have paid if he had not a doubt about your signature? A. 26l. 10s. taking his own debt out of it, which Bailey always wished to do—he was always willing to pay the rest of the money to me, but not the 10l.—when they were struggling about the bill, he was anxious to get it—if I could have got the whole 26l. I would have taken it, but not the 16l.—I refused to have anything to do with it, and put it in the hands of my solicitor at once—the prisoner was to have 3l. for getting it discounted, and 10s. for Mr. Bailey—I arranged to give him 3l.
or 3l. 10s. before that—10s. was for discount, and his 10l. debt—I was only to get the 16l.
Q. You have been asked about a transaction in 1863; you say you sent a bill up to a friend, your clerk took it, your friend did not want it, and your clerk brought back what you believed to be the bill; is this (produced) the bill you sent up to your friend? A. This is the original bill I believe, and this is the receipt I had from Mr. Weekes—this bill is drawn by Simmister, my clerk—I say that he brought back a copy, which I believed to be the genuine bill, and destroyed it—it passed from Simmister to a person named Aise, and I was sued on it—I forgave my clerk—I paid Mr. Weekes 13l. 8s. in his office, as I thought that was the best way.
ALBERT WILLIAM BAILEY . I am a photographer, of 38, Camberwell-road Walworth—I hold the bill of exchange for 30l. which has been produced—Mr. Weekes gave it to me; he owed me about 10l.—I had called on him several times previously, and on the last occasion, he said that he had not got the money, but he had a bill if I liked to cash that, and give him the balance, I could have my money; that he got it for money due to him from a Mr. Batty, a gentleman living at 196, Marlborough-road, an engineer, I believe, and who he said was as good as gold—he said nothing about his having it from Mr. Batty to get it discounted, nor did he say anything about 3l. or 3l. 10s.—he said that I was to cash it, and stop my 10l. and give him the rest—this was Saturday, 5th August—I went to Mr. Batty the same day, and saw his wife—he came to me on Monday morning, and we went to Mr. Weekes—we went in together, but were in separate offices—I saw Weekes first; he said that he wanted his bill—I said I would not give it to him until he gave me 10l.—he locked the door and said I should not go out until I gave it him—he sent for a constable, but I never saw one—I could have paid the bill, but I thought I had lent enough, and after it became due, I served Mr. Batty with a writ on 11th January, this year—the action is standing for trial.
Cross-examined. Q. Who is your attorney? A. Mr. Chipperfield—he showed me this letter (produced) before the bill became due—I believe it was the same week that I received the bill—I did not read the whole contents of it—it is a bill at two months—when it became due, I got a writ out against Mr. Batty—I could not see him before January—I got the 30l. bill for nothing, but I could not get anything for it—on the Saturday when I was there, I did not see Mr. Batty—I never saw him in my life until the Monday—I cannot say whether there was somebody there who I could not see—I do not know where Mr. Weekes went to from his office; whether he went to communicate with any body—I went there for 10l. that was due to me, lent to Mr. Weekes—these are the IOU's—I had not IOU's for the whole amount, only for 6l. and I gave him 3l. 10s. for an under lease which he drew up just before 25th March—he gave me no acknowledgment for that—I have been dealing with him over twelve months—he managed two actions for me, one of which I recovered—that came off last March—he did not send me in a bill of costs; I paid him as I went on—the last sum I paid him was 3l. 10s.—I cannot tell you when it was, because I cannot keep it in my head—I gave him a cheque for it—it was in the latter end of last year—it was about March when the action came off—I was there on 5th August—I had been there on the previous Monday, and he told me he would call on Saturday, and he should be able to pay me—he was doing business for me then—I positively swear he said I was to take 10l. out of that bill—I did not take his 20l. because I was authorized by Mr. Batty
not to do so—supposing the bill had been genuine, I ought to have paid him 20l.; but it was not genuine—I called at Batty's house on Saturday night, and he called on me on Monday—he told me not to hand the money to Mr. Weekes—if he had not told me that, I should have handed him over the 20l. if I had known it was genuine, but it was far from genuine—it was not in consequence of what Batty said that I did not pay Weekes the 20l. for I should not like to give Mr. Weekes any 20l. of my money, and I would not do it—Batty said that I was to hand it to Mr. Weekes—I do not recollect that Batty asked me to give the bill up to him—I believe there was some document or authority from Weekes to that effect, but I did not do so, because I was advised not by my solicitor—I did not give him the I O U's—I have got them and the 30l. still, and now I am sueing him—he managed the action of Bailey v. Atherton for me, but not Bailey v. Benton, or Bailey v Herries—I have had dealings with him, but never sued him on an agreement—I am not a moneylender; I have got no money to lend—I forget whether there was an agreement with Mr. Hunt in reference to some furniture in Claremarket—I will not swear that he did not sue for me on that in the name of Hunt—I cannot recollect the name—I paid him 3l. for writing one letter in Bailey v. Winchamber, and in Bailey v. Roberts he was paid—he could not send me in a bill of costs, because it was paid at the time—this was all done at a public-house—he never threatened to give me in custody for felony—he gave me some papers from his office—I did not take any papers while he was absent from his office—he gave them to me—I went to a public-house, and he followed me—I do not know whether he sent for a policeman—I did not go away—I stopped there an hour and a half—I never heard that he charged me with stealing the papers—they did not drop out of my coat—they were given to me to draw documents up, and I took proceedings in an action—I heard him say that he had sent for a policeman—I did not mizzle the moment I heard that—I staid two hours after that, if not more—I took no notice of what he said.
MR. METCALFE. Q. Have you known Mr. Weekes for some time? A. Yes; I wish I had not—having seen so much of him, I would not have trusted any name except Mr. Batty's—I paid him 3l. 10s. expressly to get a bill stamped, and I lost the action through it, as the deed was never stamped—the Judge showed it to me in the County Court—Weekes did not offer to pay me 10l. to release the bill—he put me off from time to time, and said he would get it for me—he said nothing to me about not coming as a witness—I have never seen or heard of him in this case—he drew up a document, which he wanted me to sign, not to take proceedings about the bill.
COURT. Q. When you went to Batty's on the Saturday, did you go straight from the prisoner's office? A. Yes—I do not know whether he knew where I was going—I rather think he thought I was going to the bank, to cash it at once—I told him I should make inquiries, and see whether Batty's signature was all right—he said, "It is as good as gold—you have no reason to trouble yourself"—I said, "I shall see whether it is good."
MR. RIBTON submitted that there was no case for the Jury to consider. It was proved that this was a bill drawn by the defendant for the accommodation of the prosecutor, and that no debt of 30l. was due by Batty to Weekes. In Byles on Bills, 6th edition, page 100, the relation of accommodation-drawer, and acceptor was defined, and it was clear that they were joint owners, undertaking
mutually to meet the bill, when due, in the proportion in which they received funds from it, when discounted. He contended, therefore, first, that a joint owner could not be a bailee. He could not make a contract of bailment with his co-owner, and whatever agreement they made, must be in the nature of a trust. This accounted for the sections in the Larceny Act, applicable to fraudulent trustees, because, if fraudulent trustees could be treated as bailees, those sections would be perfectly unnecessary. He also contended, secondly, that even assuming that a joint owner could be a bailee, the contract of bailment here had not been broken. A joint owner of goods could not maintain trover against his co-owner in respect of any act of the latter consistent with his ownership (2 Williams and Saunderson, O. 47), and everything which the defendant had done in this case was consistent with his position as drawer of an accommodation bill.
MR. BESLEY, on the same side, dwelt on the fact that, if there were any contract of bailment at all, it was to turn the bill into money, in order to produce to Batty 26l. 10s. There was nothing in that to prevent Weekes getting 20l. from Bailey, and supplying the 6l. 10s. out of his own pocket, to make up the full amount. The negotiation between Weekes and Bailey did not result in the bill being discounted. The prosecutor interposed, and forbad Bailey to carry out the arrangement with Weekes. There was never any conversion which would support an action of trover, and, in the Queen v. Jackson (9 Cox's Criminal Cases, p. 505), MR. BARON MARTIN ruled that the conversion must be analogous to larceny, and that there were many instances of conversion sufficient to maintain an action of trover, which were not sufficient to support a conviction under the statute.
MR. METCALFE, for the prosecution, argued that there was abundant evidence for the Jury. The bailment was to return the bill to Batty, or 26l. 10s in cash. The defendant gave it to a creditor, who was pressing him, in payment of a debt, and put it out of his own power to fulfil the contract. There was, therefore, as much a conversion, when Weekes put the bill into the hands of Bailey, as if he had discounted it for 10l., and put the 10l. in his pocket
The COURT held that a joint owner might be a bailee, and that the defendant had parted with the bill under circumstances which were not in conformity with the arrangement made with the prosecutor. So far the defendant was wrong; but Bailey was bailee for both Batty and Weekes and if Weekes intended to appropriate the 20l. there was no act shewing that intention. The bill was never discounted, and nothing was advanced upon it. Bailey held it wrongfully, and it might be recovered from him by the person who had the right to the possession of it. There was no conversion by the defendant analogous so larceny, and therefore no case for the Jury to consider.
NOT GUILTY .
JOHN DAVY WEPXES was again indicted for unlawfully inducing Charles Batty to accept a bill for 30l. by false representations. No evidence was offered.
NOT GUILTY .
MR. METCALFE conducted the Prosecution.
DAVID ROSE . I am one of the cashiers of the Union Bank of London—Mr. Ella, late of Gresham-street, kept an account there; but it has not been operated on for some time—he has gone abroad, and there are only a few shillings left—on 14th Februrary, about 11 o'clock, the prisoner came and presented this cheque for 200l. (produced)—I asked him where he got it—he said from Mr. Marks, of Houndsditch, to whom it was payable—I asked him to come with me to Mr. Marks—we first went to Mr. Ella's, and
found he had gone, and then went to Mr. Marks—he pointed out one of the Mr. Marks as the person, but they both denied it—I then took him to the bank, and asked him where he got the cheque, and if he had forged it—he said that another boy and he had done it between them—I gave him in custody.
JAMES TYLER . I am an accountant, of 13, Gresham-street—I know John Ella—he left England, for Australia, in October, 1862—I act for him, under a power of attorney, in his business—he transferred it to me—this cheque is not signed by him, or by his authority—I should be the only person to whom it could come—on the morning of 14th February, on arriving at the office, I found three drawers in my private office forcibly opened—in one of which was Mr. Ella's cheque-book—it did not occur to me then, but the next morning, when I saw that the prisoner had been apprehended, I found that five cheques had been torn out at the end of the book, Nos. 49, 696 to 49, 699—the prisoner was officelad to Messrs. Smyth and Pim, solicitors in the same building, and had frequently come into my office on messages—he was acquainted with the time that my clerks would be away—I also missed two cancelled cheques, with Mr. Ella's signature on them, which might be imitated.
Prisoner's Defence. I do not remember doing it.
GUILTY of Uttering. Recommended to Mercy by the Jury on account of his youth. — Confined Twelve Months .
NEWCOURT.—Tuesday, February 27th, 1865.
Before Robert Malcolm Kerr, Esq.
282. ANN WINTER (17), ALFRED HALL (25), CHARLES GOLD SMITH (24), GEORGE LINTON (30), HENRY MILLS (20), WILLIAM HAYES (45), and ROBERT CUMMING (61), were indicted for having in their possession counterfeit coin, with intent to utter it
MESSRS. CRAUFURD and STRAIGHT conducted the Prosecution; MR. RIBTON defended Hall, and MR. F. H. LEWIS, defended Winter.
JAMES BRANNAN (Police-inspector, F). On 22d January, I went to the King's Head, Little White Lion-street, Seven Dials, which is kept by the prisoner Hall—it was about a quarter past 11 at night—I had been watching the house—I went through the bar into the tap-room—Hall was serving in the bar, and in the taproom Winter, Linton, Hayes, Cummings, and Mill's were sitting round the fire, apparently in close conversation—Winter was was sitting on a chair with her back towards me, Cummings sitting on her left hand, Hayes on her right, and Mills was sitting on the edge of a table close by the fire—Hayes, Linton, and Cummings upon seeing us, pointed to Winter and then to the fire—Sergeant Hamlyn was with me—Winter threw a small paper packet on the fire—I rushed towards the fire-place, but was obstructed by Hayes, Linton, and Cumming—I pushed them on one side, and took the packet off the fire, which contained six counterfeit shillings—Linton and Cummings attempted to escape, but were immediately brought back by Sergeant Hamlyn, who afterwards stood at the door—Goldsmith opened the door, looked in, and then ran away—Hamlyn brought him back—I said to him, "Charley, let me see what you have got about you"—he said, "Stand off, you b—," and attempted to strike me, but Hamlyn prevented him—I did not search him then—I searched the room, and in the
left hand corner, under one of the supports, were several packets, some wrapped in a dirty rag, some in a slipper, and some in brown paper—I produce them—the packets contained, as far as I remember, five crowns, twenty-two half-crowns, ninety-one florins, and 181 shillings—I called Hall in the room, and said, "How do you account for having all this bad money in your possession?"—he said, "I cannot help what my customers do"—I asked him who the slipper belonged to—he said, "That has been knocking about here for some time, and has been worn by that man," pointing to Hayes—Hayes said he had worn it because he had a bad foot—Hall said, after Goldsmith had left the room, that he had been out of the house about half an hour, but that he had been in company with the prisoners for two hours previously—I obtained the assistance of Inspector West and another constable, and I fetched my father—when I went back, I made a further search in the room, and found a large hole in the floor where the prisoners had been sitting—it was covered over by a piece of loose board—I said to Hall, "This hole was cut out for a purpose"—he said, "I was not aware it was there"—he said it led to his cellar—the door leading to the cellar was locked—we obtained the key from Hall, and went down—the side of the hole was about a foot long, and seven inches wide—when we were in the cellar I said to Hall, "This seems to have been cut out for a purpose, and very handy for the class of customers who use your house"—he said, "If I turned those away, I might as well shut up my house"—I said, "It is a pity you have not taken the advice I gave you so repeatedly"—he said if he knew it was coming to this, he would have given me information, or words to that effect—I have told him over and over again, that if he did not get rid of the class of customers that used his house, it would get him into serious trouble—I took Mills to the station, and on the way he said, "If I split, shall I get off?"—I said I could hold him out no inducement—he said the prisoners had given the girl the office to throw the money into the fire, and that Hall and Goldsmith were as bad as any of them, and that Hayes supplied the money—nothing was found in the cellar.
MR. RIBTON. Q. How long had Hall been in that house? A. Eight weeks.
Goldsmith. Q. Did you ever see me in that house before? A. Frequently, and with those prisoners.
Hayes. Q. How long were you obstructed? A. Scarcely a second, because I pushed you all away—the paper packet was not burnt, because there was some fresh coke upon the fire, and it fell on the coke.
Cummings. Q. How far was the tap-room door from the fire? A. Perhaps four or five paces—I went direct from the door to the fire-place, and pushed you on one side amongst others—that is what I term obstruction—I should think the packet was on the fire about a quarter of a minute—I did not search the female prisoner, nor any of the others at the time—I will swear that—I do not recollect hearing you speak to me of the prisoners—I said you were all together, as if in deep conversation—I can swear that you are one of the most notorious mutterers and makers of counterfeit coin in London—I remember you fourteen or fifteen years ago, when you lived in Duck-lane, Westminster—I never found any counterfeit coin in your house, because you were so barricaded up, that we could not get into it—I have found fragments of moulds in your house, and plaster of Paris—I never found any counterfeit coin upon you—I knew that your name was Cummings fourteen years ago.
Mills. Q. Did you ever see me in company with these men before? A. Yes.
HENRY HAMLYN (Police-sergeant, F). On 22d January, I went with Inspector Brannan to Hall's house—we passed through the bar into the taproom, found Cumming, Mills, Winter, Hayes, and Linton there—Hall was serving in the bar as we passed through—they were all sitting round the fire—Goldsmith pushed open the door, looked in, and then went away—I brought him back—Brannan told him he would search him, and whilst he was doing so, Goldsmith made a blow at him, which I stopped—I saw Brannan find this money in the left hand corner of the room, concealed from view—we had to use a lamp to find it—I remained while Brannan went for his father—the money was on the table—I had all the prisoners in the room at the time—Goldsmith said if it was not for the b—bit of wood that I had, I should not keep him there—I had my staff in my belt—about an hour after, Brannan, his father, and Inspector West came—we had assistance from the station when Brannan left—he did not leave until after we had got the assistance—we did not search any of the prisoners there—I searched Goldsmith at the station, and found two brass chains, a pocket-book, a florin, and 5d. in coppers—8l. 10s. was found on Hall in gold, also a watch, a gold guard, and some keys—Winter gave me her address, 3, Cross-street, Eagle-street, City-road—I went there and found this card, "Mr. Charley, King's Head, Little White Lion-street, Seven Dials—Goldsmith is known by that name—Linton said he lodged in a lodging-house at Westminster, but could not say where.
Goldsmith. Q. You admit I was not in the room when the counterfeit coin was found? A. Yes, that was before you came in—I did not see Brannan search you, and take a florin from your pocket—I never saw you before this time—I never knew you to be convicted, or at a police-station before.
Mills. Q. Did you ever see me in that house before? A. I cannot say I did.
Goldsmith. Q. Did you ever know my name? A. You are known at the King's Head by the name of "Charley," and also by the person that brought you food at the station.
Cummings. Q. Did Mr. Brannan search in the tap-room? A. I did not see him—I swear that—I never saw you in company of any of those prisoners before—I searched you at the station, and found a pocket-book, a brass ring and a pair of spectacles.
JAMES BRANNAN . I was fetched to the King's Head, Little White Lion-street by Inspector Brannan, about midnight on 22d January—that house is kept by Hall—Hall and the other prisoners were in the tap-room—which is separated from the bar by a partition, and there appeared to be a small piece of glass in the wainscot, so that anyone in the bar could see into the tap-room—I said, "Mr. Hall, my name is Brannan, I received information that you were an extensive dealer in counterfeit coin, I also received instructions from the solicitor to the Mint, to look after you."—I looked at the table where the coin was, and said, "This is pretty good proof that my information is correct"—the coin on the table consisted of 5 crowns, 42 half-crowns, 91 florins, 175 shillings, and six I received from my son which it was stated Winter had—on the first occasion I stated that there were 22 half-crowns, that was a mistake—Hall said, "I can say nothing to it," and he repeated that to almost every word I said—I told him we came there with a search warrant, but at that time it was not made out in his name, but that of his predecessor—this came upon me unexpectedly, and I had not time to get it altered—I next spoke to Cummings, I said, "Bob, well here we meet again"—he said, "Mr. Brannan, you never had me in custody for uttering a counterfeit farthing"—I said, "I am not aware that there has been such
counterfeit coin in circulation"—I then said to Hayes, "Charley you are suspected of being in this, and I believe you are one of them"—he said, "I am sure you do not know me, Mr. Brannan, I have not been three weeks from America"—I replied, "I know that is incorrect, for I have had you under observation above three months"—I took the coin, and took the prisoners to the station—I received a message next morning from Mills, and I went to his cell—I said, "Do you want to see me in reference to this case, because if so, I can hold you out no inducement"—he said, "They are all in it, and the landlord is as bad as the lot"—I have known this house to be frequented by coiners.
Cross-examined by MEL LEWIS. Q. Have you made enquiries about Winter? A. Yes—the result is very favourable to her, until within a couple of months she has borne a good character—she has been living with Linton, and has been made a dupe of by him.
Goldsmith. Q. Did you ever see me in that house before A. No, but I have seen you in the neighbourhood—I never saw you in custody.
Linton. Q. Have you any knowledge of my being at the house. A. I have Seen you going to it and coming from it more than once.
Mills. Q. Did you ever see me in that house before. A. No, because I had not been in it before myself, but I have seen you in the neighbourhood—I was within view of the house when I saw you come from it
Hayes. Q. Did I not tell you I had been from America three months? A. No, three weeks.
Cummings. Q. You say this counterfeit coin was lying upon the table. A. It was on the table when I arrived—I do not mean to say you are the person who placed it there—I have known you since 1837—my first visit to you was in Duck-lane, Westminster.
JOHN WEST (Police-inspector, F). On 23d January I was sent for to Hall's house by Inspector Brannan—I went through the bar into the taproom—the whole of the prisoners and the two Brannans were there—I heard the elder Brannan ask the prisoners how they accounted for being in possession of the counterfeit coin that was lying on the table—Hall replied, "I cannot say anything to it"—he was the only one that replied—In the presence of all the prisoners, I heard Inspector Brannan describe how he had found the coin; he also mentioned about the prisoners giving the "office" to Winter, and her throwing a packet into the fire—he pointed out a hole in the floor—he said, "I must see what you have down there"—Hall said, "I will get you the key," which he did—I and Inspector Brannan then went down into the cellar—when Brannan pointed out the hole, he said, "This hole is cut out for a purpose, and it is very convenient for the sort of customers you have in your house"—Hall said, "I never saw it before"—Brannan said, "I am sorry you have not attended to repeated cautions, and that you should not have had more thought for yourself"—Hall said, "If I drive such characters away from my house, I may as well shut it up altogether, but if I thought it was coming to this, I should have given information, certainly"—Brannan said, "That would have been a wise course, instead of which, you have traded in this way ever since you have been in the house"—Hall made no reply—I took him to the station.
Goldsmith. Q. Did you ever see me in that house before? A., Yes, I have—I have known you by the name of Charley'—I have not seen, you in custody.
SARAH HILLIABD . I am the wife of Charles Hilliard, of 3, Cross-street, Eagle-street, City-road—I know Linton by the name of Winter—he has lived with Winter at my house, as man and wife about two months.
COURT. Q. Do you know how he obtained his living? A. When he took my place he represented himself as a jeweller from West minister.
ELIAS MILLER . I am a pieshop keeper at Knightsbridge—on 17th November, Mills came for a twopenny meat-pie, for which he gave me 2d.—and after he had eaten it he said, "Well, I think I can eat another"—he brought out of his pocket three farthings and a florin, and said, "Three farthings won't pay for it, I did not want to change this, but I suppose I must"—I did not like the sound of it, and said, "This money won't suit me," and put it back on the counter—I told him it was bad, he said, "Well, I am sorry I offered it to you"—I took the pie from him, he put his hand in his pocket and gave me 2d.—I went to the door and spoke to a policeman but not in the prisoner's hearing—my niece then came in, and said, "This man has just been to a public-house on the opposite side, and tried to pass a bad florin—I then gave him in charge—the policeman searched him in the shop, but could not find anything on him—I said, "He talks rather queer, I think he has got it in his mouth"—the bad florin was found in his mouth.
EDWARD FRIGHT (Policeman, A 275). On 17th November, Mr. Miller gave Mills into my custody for attempting to pass a bad florin—I asked him for it, he said he had not got it—I searched him, but could not find it—Mr. Miller said, "I think he has got it in his mouth"—I found it there—he gave the name of William Smith—he was taken before the Magistrate on the 18th, remanded till the 20th, further remanded to the 27th, and then discharged.
WILLIAM CAYLE . I keep the King's Arms public-house, Longacre—on Thursday, 14th December, Mills came for a quartern of rum—he gave me a florin, I tried it, and told him it was bad, he said he was very sorry, he had just changed a sovereign in the market—he gave me a half-crown—I gave him in charge with the florin—he was searched at the station in my presence, and only the change I had given him was found upon him—he gave the name of Harris—he was taken before the Magistrate, remanded, and discharged.
WILLIAM WEBSTER . I am Inspector of coin to Her Majesty's Mint—these coins are all bad—there are 181 shillings, 91 florins, 42 half-crowns, 5 crowns—I have arranged them in this way, there are 6 shillings which were taken from the fire, three of 1816, and three of 1858; then there are those found in the slipper, 5 shillings of 1816, and four of 1858 from the same mould as the others; 6 half-crowns, one of 1818, and 5 of 1845, the 1845 are all from one mould, and 1 florin of 1853; then there are those found under the seat, 36 half-crowns of 1818 and 1845 from the same mould as the others, 90 florins of 1853 from the same mould as the one in the slipper, and 5 half-crowns of 1859.
MR. RIBTON to JOHN WEST. Q. Did you examine this hole in the tap-room? A. Yes—I should say it has not been done very recently.
Goldsmith's Defence. I went into the house to get a pint of porter; I never was there but once before; I went into the parlour, being a cold night, to sit by the fire.
Hayes' Defence. I know nothing at all about the coins.
Cummings' Defence. These persons are perfect strangers to me; I was not in possession of any of the coin; I went into this house to get a pint of beer and some bread and cheese; I never was in the house but twice before.
HALL and GOLDSMITH— NOT GUILTY .
WINTER—LINTON—MILLS**—HAYES**—and CUMMING**— GUILTY. — Judgment Respited.
The Jury recommended Winter to mercy. (See next page.)
EDWARD GREAVES . I keep a public-house in West-street, St. Martin's-lane—the prisoner came in on 20th January, about a quarter to 9 o'clock—I had seen her there frequently before—three months before that she came there and asked for a quartern of gin—she gave a half-crown—after she had gone, my son made a communication to me, and, in consequence of that, I examined the half-crown, and found it bad—there were only two shillings and one sixpence in the till—after that, she came in, perhaps once in two or three weeks—on 20th January my son served her—she gave him a half-crown—I told him to look at it, and he found it to be bad—I told the prisoner it was bad—she did not say anything—I told her I should detain her until a policeman came—I said, "I have seen you before, and I have marked you some time—I gave her in charge—she is not a regular customer."
Cross-examined. I suppose you call her a customer? A. Yes—these are the two half-crowns—the first one is cut across the head—she has offered bad money also to my barman.
MR. CRAUFURD. Q. Did she offer bad money to you, except on this occasion? A. Not that I am aware' of—previous to the 20th January, I had detected much bad money—I had seen her in the shop before the 20th January, but did not give her into custody then, as I wanted to wait until she tried to pass bad money again.
WILLIAM MARTLE . I am barman to Mr. Greaves—I remember the prisoner coming into his house about three weeks before the 20th January—I served her with half a quartern of gin—she gave me a florin—my attention was drawn to it, and I found it to be bad—I told her so, and she paid me with good money—I gave her the florin back, and she left—she was not a customer of ours.
Cross-examined. Q. Are you always in the bar? A. No—I think, perhaps she came in as often as once in two or three weeks—she is not a a regular customer—I did not apprehend her when she gave me the florin, because I was by myself in the bar—I thought she was an honest woman.
THOMAS GREAVES . I am the son of the first witness—I first saw the prisoner about six or eight months before 20th January I served her with two-pennyworth of gin—she gave me a half-crown, which I tried with my teeth, and found to be bad—I returned it to her, and she paid me in good money—I next saw her three months after that, and-recognised her—my father served her—after she left, I made a communication to him—he went to the till and found the half-crown she had given him bad—that was the only half-crown in the till—I next saw her on 20th January, about 9 o'clock in the evening—I recognised her and served her—she gave me a half-crown, which I found to be bad—I called my father's attention to it, a constable was fetched, and she was given into custody—before the constable came, she said her husband Was outside, and she wanted to speak to him, but I detained her until a constable came—she is not a customer of ours.
Cross-examined. Q. Do you attend at the bar always? A. No—the second time she called we were busy.
CHARLES PARMENTER (Policeman, C 185). On the 20th January I was fetched, and Mr. Greaves accused the prisoner of passing a counterfeit half-crown—he also said something about other bad money—he gave me two bad half-crowns—the prisoner said she hoped Mr. Greaves would not lock her up, it was exceedingly cruel to lock her up, as she had been a customer, and most likely she should get off—I took a good half-crown, a penny, and a pawn ticket from her at the station—she gave the name of Ellen Francis, and before the Magistrate she gave the name of Ann Allen—she refused her address.
Cross-examined. Q. Supposing those scratches were not upon them, do you think not they might fairly deceive inexperienced persons? A., Some persons would be deceived by anything—these are not good made coins.
The prisoners' statement before the Magistrate:—I have been a customer; on the 17th of this month it was four months since I have been in the house; what the father and son say is false.GUILTY.
She was further charged, with having been convicted, at this Court in July, 1853, of a like offence.
Cross-examined. Q. Do you mean to say you had her in custody from the moment she was convicted? A. When she was conveyed from Newgate—I had seen her many times before then—I did not see her until she was brought to the prison—I was not present at the trial.
The COURT considered that, as there was no one present who saw the prisoner convicted, the JURY must find her NOT GUILTY of the previous conviction; and, as she had been given in charge for felony, which charge had failed, the JURY must withdraw their former verdict of GUILTY, and find the prisoner
NOT GUILTY .
284. HENRY MILLS (20), and ROBERT CUMMINGS (61), were again indicted (before another Jury) for feloniously having in their possession 5 counterfeit crowns, 42 half-crowns, 91 forms, and 171 shillings, with intent to utter them.
The evidence of JAMES BRANNAN, JUN; HENRY HAMLYN; JAMES BRANNAN, SEN; JOHN WFST; ELIAS MILLER; EDWARD FRIGHT; WILLIAM CAYLE; and WILLIAM WEBSTER, as given in the previous case, was repeated.
NOT GUILTY .
MR. DALEY conducted the Prosecution, and MR. W. SLEIGH defended Kelly.
DAVID GILLON . I am a sergeant in the Royal Artillery, stationed at Aldershot—about half-past 9 on the night of 13th February, I was going down to the boat at Billingsgate—Simpson came behind me, took me by the shoulders, and asked me if I was going by the boat—I said, I was going that way—he said, "I think you are a countryman of mine"—I said, "perhaps I am"—he asked me if I belonged to Edinburgh—I said, "No"—he said you belong to Dalkeith—I told him I had been there—he asked
me if I had been to Glasgow before by this route—I said I had not—he gave me information as to which of the boats would be the best—after that he asked several questions, and through his kindness I asked him into a public-house, and called for some spirits for him—while we were there, he said, "Stop a little, there is a friend of mine passing that I want to see"—he went out, and brought in Kelly, and introduced him as a friend who had been an old soldier, who knew the service well—after that we proceeded to a coffee-house, where I left my baggage—it was early in the evening and we went to a place called the Mahogany Bar—when there, I called for a pint of stout, and was about to get change for a sovereign, when Simpson said, "Do not expose your money, there are plenty of people here who will pick you up"—I paid for the stout, and then went into the hall—we stayed there a short time—I made an excuse that I wanted to go outside for a necessary purpose—the prisoners followed, and I went to the bar and called for two glasses of rum for them—I laid a sovereign upon the counter, Simpson took it up, and said, "Have you got no change? do not change that"—I said, "You know I have got no change I want change"—he said to Kelly, "you pay for that, you have got small change"—Kelly put his hands in his pockets, and returned me this Hanoverian medal, saying that he had no change—I detected it at once, and said, "That is not the sovereign I laid upon the counter, I want my own sovereign"—he said, "Whisht, Whisht, it is all right"—I caught hold of him by the coat, two Coldstream Guards came to my assistance, and then Kelly gave me back my sovereign—when I put the sovereign down, Simpson took it up, and handed it to Kelly—I am not quite certain whether Kelly put it in his pocket—he felt in his pocket, and returned me the medal—I remonstrated with him, and told him it was not my sovereign—they were taken to the station, and 1l. 2s. 8d. was found on Simpson.
Cross-examined. Q. It was not your money that was found upon him, I suppose? A. No; he did not ask me to drink with him—I had only just called for it when he went out and stopped Kelly—I was with the prisoners from about half-past 9, until half-past 11—I was not drinking all the time—I had a little rum, gin, and different things—I spent all the change I had—I was not the worse for liquor—I was very friendly with Simpson—Kelly did not intrude himself upon me—when he gave me the medal, he did not say, "Here is your sovereign"—he fumbled about his pocket for it—we first had half a pint of rum—I then called for a pint, but Simpson said half a pint would do—we had a pot of stout at the Mahogany Bar.
NOT GUILTY .
OLD COURT.—Wednesday, February 28th, 1866.
Before Mr. Baron Bramwell.
286. HENRY HUGHES (24), PLEADED GUILTY to feloniously forging and uttering a transfer of 300l. new three per cent, stock in the Bank of England; also, to personating Robert Gibson, the holder of the said stock'; also, to forging and uttering a transfer of 200l. stock of the said Robert Gibson; also, to personating the holder of the same; also, to forging a power of attorney to transfer 120l. Consols, the property of Samuel Dixon; also, to forging the signatures of the witnesses to the said transfer.
Ten Years' Penal Servitude .
MR. POLAND and BESLEY conducted the Prosecution; MR. TAYLOR defended Daley, and MR. W. SLEIGH defended Cahill and Curtis.
HENRY HANBURY (Police-sergeant, F 1). On Saturday night, 21st January, I visited the deceased constable, William Fitzgerald, 50 F, in Drury-lane—he was in uniform, and was at the corner of Brownlow-street, outside a public house—I saw Daley there drunk, and using very bad language—there were several other persons there—the constable said, Now, Bob, you had better go away"—he said, "Oh, that is you, 50, you b—swine"—I said, "That will do, Bob; you had better get away"—he went down King-street, and I saw no more of him that night
GEORGE FLOYD (Policeman, F 19). On Sunday morning, January 21st, about forty-five minutes past 12, I was on duty in Drury-lane—I saw the prisoners at the corner of Charles-street, which is on the right side of Drurylane, between Long Acre and Holborn—they were using very bad language, with three or four more men—I went over to them from the corner of Brownlow-street, and sent them away—I went back in about ten minutes, and said that if they did not go I should take them in custody, and they went away—I saw the deceased about half-past 1, with Daley in custody, going along Long Acre, holding him by the collar—the other two prisoners were following with several more, two or three yards behind—Daley said that he would give Fitzgerald a good shaking, and see him b—well f—before he should take him—I followed, and Daley went quietly—I saw them enter Broad-court—about twenty persons followed them—I then heard a scream, and saw the deceased lying on the pavement—he said, "My arm is broken; that Long Bob has done it"—the prisoners were not there then—I and another constable took the deceased to the station—I have known Daley some time as Long Bob.
Cross-examined by MR. W. SLEIGH. Q. Did you keep the crowd back? No; I walked behind the constable and Daley—there were four or five more between me and them—I knew them well—when I got to the corner of Broad-court, I left them—there were no signs of a disturbance, or else I should have followed them—a have heard suggestions in that neighbourhood to prisoners to "Go it," and "cut and run"—the crowd are anxious to see prisoners get away, but in the generality of cases constables are unmolested, and take the prisoners to the station.
JOHN NICHOLLS . I am a bootmaker, of 6, Bedford-street, Bedford-row—on the morning of 21st January, I was in Drurylane, and saw the prisoners—Fitzgerald had Daley in custody—they were coming towards King-street, and I followed them from King-street to Broad-street—I saw them turn into Broad-court, and went in after them—I had noticed Cahill and Curtis all along, sometimes behind, and sometimes at the side—they both said, "Go it, Bob," and Daley seized the constable by the throat—they both fell, and Cahill and Curtis closed in with them—Curtis was on the ground with Daley and Fitzgerald, and Cahill was pulling Daley away—I saw the constable raise his arm—they then all ran away—I ran after them—Cahill turned to strike me, and I let them go by—there were several people in the court who went in about the same time as me—I then went back, and saw Fitzgerald lying on the ground, and went to pick him up—he said, "Do not touch me; my arm is broken; go down to the station"—I did so, and they sent me back with a reserve man, and we met Fitzgerald and two other constables in Bow-street.
Cross-examined by MR. TAYLOR. Q. When they were on the ground were any Mows struck? A. I did not see any—you can hardly call it a struggle before they fell—there is sure if a Mau catches another by the throat to be a little bit of a struggle before they fall—the constable had hold of Daley, by the collar, and Daley backed himself against the wall, and seized him by the throat—I did not hear Daley complain that the constable hurt his neck.
Cross-examined by MR. W. SLEIGH. Q. Have you ever been a witness before? A. No; I followed the constable and Daley from King-street to Broad-court, which may be 100 yards—they were very quiet and orderly as they went along—there was no attempt at a disturbance, and no cries—as soon as they turned into Broad-court, I heard somebody say something, immediately under the archway, and immediately after that the struggle took place—there were thirty or forty people in the court, which is two and a half or three yards wide—I am quite sure I heard them say, "Go it, Bob" I did not observe the lights in the court—it is not very low—there is an archway about the length of the Jury-box—that is where the struggle took place—there is a lamp-post right opposite the archway, and another lamp at the end at a public-house, but whether it was alight I did not notice—the public-house was shut—the thirty or forty people were between the constable and the light—I have never seen any of the prisoners before—no policeman was between the crowd and Fitzgerald—one policeman went away a little before you get to Broad-court—I went to the police-station a little while afterwards, and picked out Cahill and Curtis from a lot more men standing in the yard—some of whom were just the same as themselves, and some were detectives who I did not know—they said afterwards, "Did you see me among them?" and I said, "No"—I have never been in a reformatory, or anything of the kind—I think you are insulting me.
COURT. Q. You saw Daley with the policeman by the throat and they went down almost immediately; did you see any blows struck? A. No—I saw nothing done by Daley to the man when he was on the ground, I only saw the policeman's arm up—Curtis was on the ground between me and Daley—there might have been blows which I could not see—Fitzgerald's arm was broken when the two prisoners were on the ground with him, but I did not see it done—I did not see what Curtis was doing on the ground—Cahill was pulling Daley away, but I cannot say whether it was as if he was rescuing him from the policeman's grasp, or as if he was preventing him hurting the policeman who was trying to hold him, but Cahill made at me to hit me when I was running after Daley—I think he was trying to rescue Daley, because he said, "Go it, Bob."
JOHN FLOWERS (Policeman, F 67). I was on duty in King-street, Drurylane, and saw Daley there, who I knew as Long Bob—I saw Fitzgerald running down King-street, calling out, "Stop him!"—I stopped Daley—Fitzgerald came up and took him in charge, down Long Acre towards Broad-court—some time afterwards I heard a scream from Broad-court—I went there and found Fitzgerald on the ground—I had seen the two other prisoners with Daley some time before, but not at that time—I and Floyd took Fitzgerald to the station—I did not see the other prisoners in the court—I then went back and met Daley at the bottom of Charles-street, Drurylane—it was then half-past 1 o'clock—I said, "I want you, you must go to the station with me"—he said, "I shall not go," and ran away—I followed him into King-street, and saw him go into No. 16—I got another constable, Thomas, to assist me—we went up stairs, and Daley said, "Oh, there are two of you, if there was only one, you would have to fight for it"
—I took him in custody—he pointed to the spot where I found Fitzgerald, and said, "That is where I fell on the b—r, then got on him and kicked him, and ran away; and I wish I had done a b—y sight more"—I took him to the station, and charged him with violently assaulting Fitzgerald, and breaking his arm—he said that if he had known he should have been taken for it, he would have served him a b—y sight worse—he was drunk.
Cross-examined by MR. TAYLOR. Q. You have been examined before; is not what he said, "This is where I threw the b—r and fell on him, and ran away?" A. Yes—he also said he had kicked him—I swear that—I was examined at the police-court, and my deposition was read over to me—I have been in the police about seven months—I do not remember whether he said it there or not—I did not hear anything about a kick at the station—it is not in consequence of what I have heard since about a kick that I spoke about a kick being mentioned in the court.
CORNELIUS THOMAS (Policeman, F 149). On the morning of 21st January I was on duty in Parker-street, Drury-lane, and heard the noise of men running up King-street—I waited there, and the father of Bob Daley came up, followed by Cahill, and by Flowers the policeman—I followed them to 16, King-street, where Daley went in—I went up to the second floor, but it being dark I did not get too close—the other constable turned on his light, and Daley said, "Oh, there are two of you, are there; if there was only one, I would take the twist out of him, but I suppose I must go quietly—Cahill was standing behind him—I caught him by the cuff, and took him down stairs—he asked me at the front door to leave go of his cuff and take him by the collar, which I did—when we got to Broad-court, he said, "That is where I threw the b—r and ran away, and if I had known I was going to be taken for it, I would have served him a b—y sight worse"—He was charged by the inspector with violently assaulting Policeman 50, and breaking his arm—he said, "I threw him down and fell on him, and got up and kicked him on the arm, and ran away; and if I had known I was going to be looked up for it, I would have given the b—r more; I would have kicked his b—y brains in," or "I would have kicked the b——r's brains in."
Cross-examined by MR. TAYLOR. Q. Were you with Flowers in taking him to the station? A. Yes, after Daley was charged, he mentioned kicking the policeman's arm—the inspector sent for information about the man's arm, but it was when he was charged that that was said—it was after the inspector had sent to make inquiries—I do not know whether he said ho might have kicked him on the arm.
Cross-examined by MR. SLEIGH. Q. Did Cahill make any disturbance on the stairs? A. No—Curtis was not there.
MR. POLAND. Q. You did not take Cahill? A. No, I did not know at that time that he was present.
MR. TAYLOR to JOHN FLOWERS. Q. You were examined before the Coroner, on 2d February, and before the Magistrate on 6th January; did you say anything before the Coroner about his kicking on the arm? A. I do not recollect—I do not recollect saying simply, "I threw the b—r up, and fell on him, and ran away"—I will not undertake to say whether I said or not before the Coroner that Daley said he kicked him on the arm.
—I said to Daley, "The constable," meaning the deceased, "says you have broken his arm, are you aware you have broken his arm?"—he said "I did throw him down, fall on him, kicked him, and ran away; so I would again; I told him to let go of my collar, but he would not"—I am reading from a note I took at the time, and which I produced before the Coroner and Magistrate—he was detained a quarter of an hour, till I went to the hospital to ascertain the extent of the constable's injuries—I then charged him with being drunk and disorderly in Drury-lane, and violently assaulting F 50, by breaking his arm in Broad-court, in the parish of St. Martin's—while I was taking the charge, he said, "If I thought I was going to be locked up, I would have done more, I am b—d if I would not, although this b—d arm is broken"—he was then removed to the cell—I was at the station on Tuesday, when Cahill and Curtis were brought there—Cahill was brought in first—he said he would prove an alibi—he was apprehended on a warrant signed by Sir Thomas Henry, with aiding and assisting John Daley in assaulting Fitzgerald—Curtis was brought in on the same day—he made a statement, which I directed Sergeant Hill to take down in writing.
Cross-examined by MR. TAYLOR. Q. Was Daley drunk when he was brought to the station. A. Yes—he was excited, but not greatly so.
Cross-examined by MR. W. SLEIGH. Q. Have you ever mentioned before that Cahill said he could prove an alibi.? A. Yes—I said so before the Magistrate—my deposition was read over to me before I signed it as correct, but I said a good deal before the Magistrate that he did not consider ought to be taken down, and perhaps that is, one of the things omitted.
JOHN DOWDELL (Policeman, F 173). On 21st January, I was at the station when Daley was brought in in custody—before the charge was taken he said that if he knew he was going to be locked up he would have given the b—r—more—he said, "I threw him on the pavement, fell on him, and kicked him on the arm, and then ran away"—he said that in the dock—about a quarter of an hour after that, and after the charge was taken, I conveyed him to the cell, where he said, "I kicked him on the arm to get away from him; I am sorry I did not do more."
Cross-examined by MR. TAYLOR. Q. Did you ever mention that before, that he said he kicked him on the arm to get away A. Yes.
THOMAS HILL (Police-sergeant, F 5), I was at Bow-street on 25th January, when Curtis and Cahill were brought in custody—the warrant was read, and Curtis made this statement, which I took down—"I did not know John Daley by any other name than Long Bob, and he was not near him when he done it, but he saw him going to the station; the way we first came to know it, me and Mike Donovan was standing at the corner of our place Ashley-place, Drury-lane, by the Marquis of Granby, and a young. man called Paddy Burk, who lives in the coal yard—he came up to us, and said, "I have seen Long Bob in a row with 50 F—he came and told me, and Mike Donovan ran to the corner of King-street with two policeman—as we was going, this Mike Donovan asked what was the matter, and Long Bob said, 'Only a bit of a row,' Long Bob said to Mike Donovan, 'Have you got a bit of tobacco?' with that, Mike Donovan ran round in Iong Acre and bought an ounce of tobacco, and gave him the tobacco and a pipe and two lucifers in Long Acre, then we followed to the corner of Broad-court; we then left them alone by themselves, me and Mike Donovan went home, as he lives up our court; I did not see Mr. Fitzgerald at all; this was after he came away from Mr. Fitzgerald; I did not see him until after
he committed the assault on Mr. Fitzgerald, that is all I know"—Cahill said nothing.
WILLIAM KETTLE (Policeman, E 42). On 25th January, about half-past 9 o'clock I was on duty at the corner of Ashley-court, Drury-lane—one of the prisoners came up to me and said, "Kettle, do you know how that policeman has got on today?"—I said, "What policeman?"—he said, "About the inquest"—I said, "I believe there has been no inquest to-day, but if you come with me to Bow-street, I will tell you"—I then took him into custody—he said, "It is not like that, is it?"—I said, "It is"—he made a statement at the station—I had charged him with resisting Fitzgerald with Long Daley, which caused his death, and after that, he said, "It is not like that, is it."
BARTHOLOMEW SULLIVAN (Police-sergeant, F 3). I took Cahill in Drurylane, on the Thursday, and told him the charge was assisting John Daley to resist the late constable Fitzgerald in the execution of his duty—he said, "All right"—at the station he said he could prove that he was not there.
THOMAS HOWELL . I am house-surgeon at King's College-hospital, and was so on the morning 21st January—I examined Fitzgerald when he was brought in—his left arm was very much swollen about the elbow—he was evidently suffering a great deal of pain, and there was a mark and a bruise on the near side of the elbow—I suspected the artery was ruptured—I sent for Mr. Moore, the assistant-surgeon, who secured the artery, which was found broken slighty above the elbow—the rupture corresponded with the bruise—everything was done to make him comfortable—I saw him again at 4 o'clock in the morning, and again at half past 11—he died about 4 o'clock on Tuesday morning—mortification of the arm set in on the Monday—he became delirious, and I was obliged to take him down to the refractory ward—I was present at the postmortem examination—both bones of the arm were dislocated at the elbow, backwards and outwards, and the main artery was ruptured clean across, the veins and muscles were torn, and the nerves were stretched, but were not torn—the ligaments were all torn—the inner ligament inside the elbow was whole, but all the rest were torn—I thought it was done by a violent twist, the force being given in a direction backwards and outwards—it was a most curious injury, but that would account for it, and I think that would account for the bruises from the rupture of any superficial vessel—the cause of death was the injury he received to the arm; but the reason he died then was failure of the heart's action—I think he had the commencement of fatty degeneration of the heart—I suppose that the failure of the heart's action to be brought about by the injury—he had an enlarged liver—the bruises inside the elbow might be caused by a kick.
COURT. Q. Could a kick have caused the other symptoms you saw? A. I should think not; the injury was too severe, and there was no wound on the skin.
Cross-examined by MR. TAYLOR. Q. Was not the bruise of so slight a nature, that you did not mention it before the Coroner? A. I do not know whether I did or not—it was a discolouration of an inch and a half in diameter—I do not think I mentioned any distinct bruises before the Coroner—I do not think the rupture of the artery and dislocation of the bones of the arm could have been caused by a kick—I consider it must have been a wrench outwards and backwards, twisting the arm up, and at the same time forcing it upwards—I think the weight of two men falling, and he being thrown on the left arm would have caused it.
CONWAY EVANS , M.D. I am senior assistant-physician to King's College-hospital, and pathological lecturer—I made the postmortem examination of the deceased—his arm was dislocated, and the main artery torn, but no bone was broken—he died from tormatic delirium and failure of the action of the heart, which was dependent upon the injuries he received.
Cross-examined by MR. TAYLOR. Q. Would that sometimes be described as a shock to the nervous system? A. I think I have explained it correctly—he died of delirium through the injuries he received, and failure of the action of the heart, which usually accompanies such delirium, and may be to some extent the cause of it—you may call that a shock, but that is not so correct as the way I have put it—he was a very fat man.
COURT. Q. What do you call those injuries? A. The elbow was dislocated, and all the ligaments and muscles, except one, were torn completely across, but the skin was uninjured—it must have been a twist outwards and backwards at the same time—I do not think any kick could have done it, and I am doubtful if a fall could have done it—if the arm was being twisted outward at the same time that the weight of his body in falling came on the upper arm, it is just possible that it might be done in that way.
DALEY.— GUILTY .**†— five Years' Penal Servitude .
CAHILL and CURTIS.— GUILTY .†— Confined Twelve Months each .
288. JAMES LIFFIN (23), THOMAS CARR (23), THOMAS DICKSON (32), PHILLIP PILLAGE (21), CHARLES TOPPER (23), and JOSEPH MATTHEWS (24), were indicted for that they, on the high seas, on board the British ship Scotland , did practically and feloniously make a revolt.
MESSRS. POLAND and BEASLEY conducted the Prosecution.
MR. RIBTON appeared for Liffin and Carr, MR. W. SLEIGH for Topper, and MR. BESLEY for Matthews.
WILLIAM CAMPBELL . I was Captain of the ship Scotland on her last voyage, and part owner of her—I held one-eighth of her—I am a British subject, and she was a British ship—she sailed from England on 1st December, 1864, with a crew of twenty-eight hands, bound for Calcutta—the arrived in the river off Calcutta, about 5th May—I discharged most of the crew there, and took in a fresh crew at the time of my sailing—a few of the old crew came back with me—we left Calcutta on 1st July 1865, about 10 in the morning—we were tugged down the Hoogley—I got clear of the Sand heads on 7 th July—on that day the tug left us—on that day I met with an accident—I got my right leg broken by the steam-boat's hawser—I was taken and put on a stretcher on the poop-deck for that night—I laid there seventeen days and seventeen nights, till my ship was taken from me—sometimes with an hurricane house over me to keep off the rain—my leg was set by Liffin—I told them to put splinters on it—the carpenter and a boy assisted him—on, I think, 8th August, Dickson and Carr came aft, where I was lying on a stretcher, on the starboard side of the poop-deck—they looked at me, and said, "Are you going to give us rain-water to drink?"—I said, "No, I don't drink rain-water myself and don't wish you to drink it"—I ordered the apprentice boy to serve out the water then, and said, "Give each man a gallon a day, in place of three quarts"—Liffin said, "That is all right, there is another thing I want of you"—I said, "What is it my man?"—he said, "I want my pound of bread"—I said, "There is no restriction on the bread, you are entitled to it, I will give orders for that to be done also; you are entitled by my orders to a pound of bread, but I don't
think it is that, you wish to annoy me, I wish I had my legs to stand on"—Carr looked at me and said, "You b—, if you had your legs to stand on, you would see fun"—I said, "You are a bad man, or you would not do that with me in my helpless state"—as they went down, Carr turned round, put his tongue out of his mouth, and said, "How can you help yourself"—they went forward, and in consequence of what the chief-mate said, "I sent for Dickson, and asked him his reason for knocking off duty—he said, "You have commenced to work with that book"—I said, "What book?"—he said, "That official log-book"—I said, "The law commands me to put all official entries of misdemeanour into that book"—he said, "If that is it my work is up"—I said, "What do you mean?"—he said, "I shall do no more work," and went away—a further report was made to me next day, and I sent for Pillage, Topper, and Matthews—they came to me on the poop, and I asked them the reason they knocked off duty—they would give me no reason, but stood and laughed at me—they went away, and did no duty—they were not on deck—they would have been at the wheel, or doing something if they had been at work—that state of things continued eight days—the ship was sailing short handed of men—at the expiration of eight days, one or two more knocked off, and I saw they were dissatisfied—they were not able to work longer on account of the others knocking off—there was a ship to leeward, and I had myself raised and put my glass up, and saw that she was the Pride of England; she had a flag flying to ask what ship I was—I told them to put up the signal, "Can you render me any assistance"—before that, I had asked a man named Smith, who I was going to take home as—a distressed seaman, but had given 1l. a month wages to, what were his reasons—he said, "Things seem to be bad on board the ship, and there is dissatisfaction—I said, "Smith I will cause you to be put in confinement, that you do not get among them"—I said to the carpenter, "Take him, and put him in confinement"—he ran off, and an hour or two afterwards the whole body of these men made a rush on the fore part of the poop—they had belts round them with sheathknives stuck in them, which I had never seen before—I had it distinctly entered in the articles, that no sheathknives should be worn—I stared when I saw that, and said, "What do these men want?"—he said, "They are going to take the ship"—I said, "What for?"—he said, "I do not know"—I said, "Do not let them take the ship"—the signal was flying for assistance, and Carr came and looked down on me—I said, "Carpenter, watch him"—he came round behind me, and I saw him come round again—he went to the starboard side of the wheel, pulled the man away from the wheel, and Dickson took the signal halliards, Liffin turned round to assist Dickson, who pulled him down, and dropped them—Carr put the helm hard a-starboard, and they pulled up the main chains, and took the ship—I said that if I had thought I should have had my ship taken from me, as a British subject I would have lost my life first, if I had had my legs to stand on—Carr got possession of the wheel, and steered away northward towards the bay of Bengal—the other men pulled away the yards and braces, and obeyed the other men's orders—there were twenty-eight in the crew, including myself and the officers—the prisoners were the ringleaders—I am not certain whether they are all able seamen—I think one was under the wages of another—twenty-six was the ship's compliment; the number was twenty-eight, and we had three passengers—there were thirty-one on board—they would not obey my orders or the mate's, they entirely took the ship—the mate and carpenter carried me off the deck, in case I might be put over the side—up to that time, I had been on a stretcher on
the poop, seventeen days and nights—they kept the ship on that occasion about eight hours—I sent the chief officer to plead with them to give up the ship—during that time our course was backwards, up the Bay of Bengal—at the end of the eight hours a Frenchman came and said, that if I would take the ship to Madras, they would give her up; but I said I would rather go to Mauritius—none of the prisoners made that proposal to me, but they gave up the ship when I promised to take her to Madras, but they would do no work, but pull the braces—when I got possession of the ship I made the best of my way homewards down the Bay of Bengal, I went on from 13th to 18th—the prisoners were then doing duty, but not actual duty—I was in the cabin, but was so hot that I made them raise the stretcher up on the saloon table, and place a compass there, and a pencil and a watch so as to take the course—I had a commanding view of the deck, to see whether the men did their duty or not—on 19th August, the chief mate came down and told me something, at about 8 o'clock or noon—the ship's course was entirely altered then—I had not given orders for it to be altered, and I told the mate to go on deck and remonstrate with them—that went on till Monday the 20th at 8 o'clock at night—the ship was then in a disabled state—they had crippled her so that they could not go any further with her, through their recklessness; part of the fore-top-sail was gone, and we could not go further—I watched the course the ship was on, and found she was about forty miles to the westward of the Andaman Islands, broad-side on; the nearest reef was about thirty miles, and a lee shore, going right towards it, the ship was in danger—I had a communication with the chief officer, and got possession of the ship again—before they took possession of the ship, Liffin and Carr came into the cabin about half-past 7, or twenty minutes to eight, Liffin said, "Do not be frightened"—I said, "I am not frightened, will you give me the ship? If I have done you any harm, let me know of it, and I will apologize; you are taking my life by inches, if it is my blood you are thirsting for, take it at once, and give the ship up to the officers"—they said, "We will give the ship to you, if you will destroy the official log-book"—I said, "The laws of my country will punish me for a misdemeanour, but I will give it to you, and you can lock it up, you can send it to the Board of Trade after we get to London, I shall say nothing about it"—they said, "No, if you destroy the official log-book, we will give up the ship; and you must sign a document that you will net speak of this affair when you get to England"—I said, "I will speak to nobody but my owner, I must tell him what has happened, but if you will behave yourselves, I will do all I can to get you forgiveness, and my word will go a long way towards getting you forgiveness"—they still wished me to destroy the log-book—I looked at it, and found so many pages on the right side, and so many on the left, and said, "If I cut these away, will you do it?"—, they said, "If you tear up the pieces"—I said, "Will you be satisfied?"—they said, "Yes"—I tore it up, and offered them the pieces—they said, "No, we will not touch it, give it to that boy"—I did so, and told him to put it out at the stern window, which was done—this is the official log (produced), the leaves torn out contained entries of these matters—I obtained possession of the ship again on the 20th, and put her on her homeward course, but things did not go on smoothly, they would not set sail for the officers—I gave orders to the officers, and the sails were not set—these men, when off the Cape of Good Hope, looked down at me and said, "There the old b——r lies"—I said, "Cannot you put those fellows away, they are looking at me as if I was an alligator"—it blew a gale there—I was en crutches, and the gale came on so quick that I could not get the sail off,
without losing the masts—I could not go along the deck, but I stood and could see these men go to the forecastle door—all hands did not come up—the port watch did not come up—Carr, Pillage, and Matthews were some of them who did not come up at all—we had to run before the wind for the safety of the ship, or the masts would have gone over—we then went on to. Ascension, and I there made a report to the Commodore—I tried the men again—I mustered them all on the poop, and the mutinous disposition was still in them—they were sent home as prisoners on board a man of war, and I went into the hospital, and after recovering my health came home by a steamer—the value of the ship and cargo was from 80,000l. to 100,000l.—she has got home, but I don't think 8, 000l. will put the ship right.
Cross-examined by MR. RIBTON. Q. Did you take the crew from London merely to go to Calcutta? A. No, to go out the voyage and home—the same crew did not return with me; I paid them off as they wanted to get paid off—the times were not very good in Calcutta, and if situations could be got, you cannot keep men on—they signed articles to come home with me, but it is quite customary to be paid off—they wanted their discharge, but I would not give it them, and they committed themselves and were taken before a Magistrate by the police, and I paid them off—they refused to come back with me in the first instance, and wanted their discharge—they did not complain to me of my conduct to them, or to anybody that I know of—I swear that, because my strict orders are to give no man insulting language, and to take none; every man to his duty—I have sometimes brought back part of my crew, and sometimes all—I cannot say how many times I have brought all back—I have been thirty years at sea, and have been twenty years in command—I have made far more than twenty voyages—I have brought the whole of the same crew back a great number of times, and even men who have been in the ship, would have been glad to go back with me; men who are in London now have been to me to know if I could take them back—they are here now, and are witnesses in this case—the carpenter was one who came back—twenty-nine went out, and six or seven of them came back—the first or second mate did not come back with me—I paid them off—I paid the second mate off for theft—the other did not refuse to come back with me, but I found out their theft, and gave them their wages to go away—I charged them with theft in Calcutta—I told them they had committed theft on board the vessel—I brought proof and they did not deny it—that was before I discharged them—the theft was not entered in the log-book, it was done in London, in the Docks—of the crew who went out with me, fourteen or fifteen of them were in gaol in Calcutta for refusal of duty—I would not give them their discharge—I did not wish to discharge men to be a burden on the government of that place—they would not work—I took them before a Magistrate, who advised them to go on board the ship and perform their duty—they said they would not, and he gave them imprisonment—I afterwards saw the Magistrate, and asked him if he would let me pay them off and ship another crew—he said he had no objection—I have discharged some other crews in the same way, which I have taken out, and some I have not—if men come on board drunk, you hoist a signal, and a police-boat comes and takes the refractory men away—none of the men remonstrated with me before I broke my leg, and told me I might be injured by the hawser—I was not drunk; I was never drunk in my life, unless it was one New year's morning when I was a child—I was as qualified for my duty as I am now—I was not drunk on the voyage out, or the voyage back—I know what Saugster said in Calcutta, and in the river—if he said before the Magistrate that he had seen me
drunk three times, it is not true—I had no quarrel with the pilot who piloted us out of Calcutta, but he got the ship aground, and I said, "Pilot, be careful, if you do that again, I will send a telegram to the master, and have you turned out"—it was not in consequence of my interference that the ship went aground—I swear that—the steam-boat which was towing us, and which broke down, ran into the Atlas—the pilot ordered the helm to be put about—I did not order it to be put the contrary way—the rainwater was not collected to my knowledge from the poop on which I was lying—there was no occasion for it—the water we had on board was taken from the river Hoogley—that is the water which is always taken on board—I never heard any objection to drink it—I have always had it—the Hindoos used to throw their dead bodies into it, but that is all done away with now—I drank of the same water, and eat of the same provisions as the prisoners, and if I did not like bad water myself, I should not wish them to drink it—I said when they took possession of the ship, that if the I carpenter would hold me on my legs, they should not take the ship before they shot me—I never threatened to shoot them, only when they took the ship—I never used bad language—I never asked them if they could use pistols, but they had pistols, and some had revolvers, which will be produced.
Cross-examined by MR. BESLEY. Q. Were yon taken to the cabin on 13th August? A. Yes—I did not remain there till we got to Ascension—I was creeping on my knees before that—I was not on deck between 13th and 19th August—on the 19th, I was lying on the stretcher in the cabin—I had not at that time given the men the impression that the course was for Madras, when the course really was for England—there was no other way of going to Madras but that way—no objection was made to the course I was taking—they would not allow the ship to go that course—they did not say I was deceiving them—Liffin and Carr were the men who came into the cabin—Peterson, the mate, also came down, and Henry Martin, the boy Sommerville, who is dead, and the boy Connerly, who is here—those are all the persons who were present in the cabin when the discussion about destroying the official logbook took place—I then said that if I had done them any harm, they had only to mention it to me, and I would apoligize to them—I was in the cabin when I used the word apoligize—they said they would draw up a document, if I would sign it; and after I got my health, I went to them and said, "If you will send me that document now, I will sign it"—I did not say that I was part owner; no one on board the ship knew that, and the interest I had in this ship is entirely gone through these people—I tore the leaves out, and gave them to the boy Sommerville to heave out at the stern window—I was not in the ship at the time he died—it is not true that a complaint was made to me by his surviving relatives—I saw his father on my arrival, and since, but he has never complained to me—when I was in the cabin, I told the mate that he had entire charge of the working of the ship—my apprentice used to take sights with my chronometer; he was brought up to it—the articles which the men signed for their voyage out and home, are in the shipping-office—they are returned to the proper office—they are for three years generally—the wages I paid were decidedly higher than those of the able seamen, and of the second mate who I discharged—a man's wages are not forfeited on his discharge—I do not know that I could insist on the forfeiture—I did not insist on it—we cannot keep the wages; they would have to go to the Board of Trade—if you wish to get rid of a man in Calcutta, you would be obliged to provide his passage home—you cannot discharge men without the sanction of the shipping-master, not even if you provide funds for their
passage home—I did not make any memorandum on the articles of the theft which I charged the two mates with—the best way is to pay their wages, and let them go.
Dichon. Q. When the ship went ashore in Calcutta river, was it not through the capstan getting over the windlass? A. No, because the ship had two anchors—she was in the hands of the pilot, not in my hands at all—I had no business to open my lips—I did not try to take her out of the pilot's hands, but I called a number of times to let go the starboard anchor—I did not threaten to comb the head of the second mate with a birchbroom, or to heave the pilot overboard; be would not have stood any such treatment from me—I did not telegraph for another pilot, but I would have if I could—the signals were not hoisted for that—my agent signaled unintelligibly—I hailed a pilot barge for another pilot—I think it is the duty of the master, if the pilot is not doing his duty, to send for another—the latitude of the ship is entered in the log on 19th August—it was 10°13' off the equator; longitude 89°17' east—on 20th we were in latitude 12°47', longitude 88° 14' east—on 21st, the latitude was 13°45', and the longitude 18°16' east—the Anderman islands are a long way to the east of Calcutta—you were running the ship directly ashore—I did not threaten on the night of 27th July to put a cable round the pilot, never.
Pillage. Q. Did not you say you would see who were sailors when you got us into blue water? A. Never—I never threatened to shoot you—I did not tell you to go and hit the pilot between the two eyes.
MR. POLAND. Q. When your leg was broken, did you take charge of the ship? A. I told the chief mate to attend to the working of the ship, and I would attend to the navigation—I kept the official log, and the ship's log was kept by the mate.
JOHN PETERSON . I was chief mate of the Scotland—I joined her in Calcutta—I had left my former ship, the Como—I recollect the captain's leg being broken, and the ship's going out to sea—some days afterwards the prisoners and two others, Ritchie and Perkins, refused to work—Ritchie is dead—there was a complaint to the master about the water, and they had different water served out, in the afternoon, to the water they complained about in the morning—I kept the ship's log—the exact date when they refused to work was 4th August—I made entries in the log day by day—on the 13th there was a vessel in sight, and a signal was hoisted for assistance—I recollect the captain threatening to put Smith in irons—when he did that, the crew came aft, and took command of the ship—I cannot say which of the men pulled down the signal, but I saw Liffin on the starboard side, where the halliards were—I had no authority as an officer whatever—the vessel was put about north-west, on a different tack, and was in the hands of the crew about an hour—the captain then told me to go up and see if I could agree with the men that he should put into a handy port—I went up and spoke to all the crew, including the prisoners—I told them that the master said he would put into a handy port, if they would give her up, and the handy port would be the Mauritius—they said they would not go there, they would go to Madras—three or four of them spoke, Liffin, Carr, and Dickson—I reported that to the master, who said he would go to Madras—I reported that to all hands, and they then gave up the charge of the vessel, and we put the ship on the other tack again—they obeyed the orders relative to the working of the ship, but nothing more—they would not clean the decks, or work about the rigging—I cannot say what gave occasion for hoisting the signal—the captain gave orders to the apprentice, Sommerville—I know now what the signal was.
COURT. Q. Had anything caused it? A. The men made a rush aft on the port at the time he hoisted it—I believe he was signalling to the ship previously—he knew the master—I believe it was the Pride of England—he ran up a signal, "How is the master of the Pride of England."
MR. POLAND Q. You say that these eight men refused to work from the 4th to the 18th? A. From the 4th to the 13th—on the 13th, five other men came aft, and complained that they had not sufficient strength to work the ship—it was after that that the signal was hoisted—the captain had command of the ship from the 13th to the 19th, and the authority of the officers was obeyed by the men till the 19th, when the whole crew, at 8 o'clock in the morning, refused to set the sails—I spoke to them about it—they said that they were not going to make any sail on that tack, as the captain had promised them to go to Madras—Richie and Carr said that—I supposed they found we were not going in the direction of Madras, which we were not—the other prisoners were all present—I informed the master that they would not make sail—he said, "Well, let it stand"—I told the men, and about 9 o'clock they came aft, and wanted to see the master, to know whether he intended to go to Madras or not—I went and told the master, who said that he could not go into Madras now—I told the men so, and Liffin, Carr, Dickson and Pillage said that they would take her in charge—they all spoke, one after the other—Topper and Matthews might have spoken too, but I cannot say whether they did, they were at work with the other men—the ship was borne round, and steered back to Calcutta—I called all hands aft, ana told them the consequences of such a step, that they would be punished, and that the captain said he would go into Port Chatham or Corn wallis, but they said they would go into no port but Calcutta—they remained in charge of the vessel till the night of the 20th; the officers having no command—I cannot tell who attended to the navigation of the ship then; but I understand since it was Sangster—the captain shewed me a chart—I did not see who gave the sailing directions; but most of the prisoners had the chief command—on the night of the 30th the master sent for me, pointed out the position of the ship on the chart and told me to speak to the men—I sent the sail-maker, Henry Martin, to send two of the men aft, and Liffin and Carr came aft, and bad an interview with the captain in the cabin—a proposition was made to give up the ship, and they went back to consult the rest of the crew—what the captain has said is a correct account of what took place I was there when the official log was destroyed, and the ship given up—I made entries in the ship's log every day of what occurred—the official log is read over to the officers, and I sign it—I had signed the leaves that he destroyed—these are my entries in the ship's log—I had the same water on board as the men drank—there was a filterer there—it is not usual to water the ship from the Hoogley now they get it from ashore.
Cross-examined by MR. RIBTON. Q. Was the water the captain drank filtered, and the water the men drank unfilteredf? A. Yes—we sometimes got ours filtered, and sometimes not—that made a considerable difference—the water in the cask was not fit to drink—some ships take it from the Hoogley, and some do not, as the Hindoos throw their dead into that river—the men had water from the tanks that had been filtered through casks—it was some contrivance of the captain's—he used to fill a cask, and let it settle—he ordered these men water from the poop, and these men complained of it, because the captain was lying there, and committing a nuisance, over which the water came off the poop—it washed along each side where the captain was lying—there was a cask on each side of where
he was lying—I did not notice whether the pecultices he used were lying about there—I have seen the captain drunk—I have heard him say that he was never drunk since he was a child—I saw him drunk on 27th July—he was in the habit of using strong language when he was drunk—one morning, off the Cape, he spoke to Carr, and said, "If I had a musket up here, I would shoot you"—the men were willing enough to obey me at times, all they wanted was to get into some port, and I reported that to the master—they did not say they were afraid of the captain's violence, if he got on his legs again; but it appear's that that was the reason they wanted to get into a port—the captain used to use very strong language—when the Atlas ran into us, the pilot ordered the helm to be put one way, and the master came up on the poop—I was on the forecastle—I do not know what he told the men to do, but the collision took place at that time—I have had no words with the captain, but he always used very strong language towards me coming home—I have heard him abuse the third mate—I have not heard him threaten to shoot him—he called him a big b—, and all those sort of words—he did not get any drink, that I know of, while he was lying on the poop—Liffin set his leg.
Cross-examined by MR. W. SLEIGH. Q. Do you remember Liffin taking any part in what was going on? A. He was about the same as the rest—these sheath-knives are used, but not worn by sailors.
Cross-examined by MR. BESLEY. Q. Did you ship at Calcutta? A. Yes; I did not know Matthews before—I know that he is a Spaniard—he joined at Calcutta—on one occasion the captain asked me if I could use a pistol—I said, "Yes, but I do not know whether I am justified"—I did not remonstrate with him about putting Smith in irons—I made no observation—I cannot tell you hether the Scotland had spoken with the other ship before that threat—I came on deck at 8, and they had sighted the ship before that, but her name was not given then—the signal, "How is the captain of the Scotland?" was telegraphed from the other ship, but I could not read it—it is usual when a signal is sent, to put up a flag to let them know that you have seen it—I did not know what the messages were, except what I heard from the captain—I do not know whether the captain was intoxicated when he broke his leg.
MR. POLAND. Q. When you saw the captain drunk, was that when the pilot was in charge? A. Yes; I have only seen him drunk once—the threat about the musket, off the Cape, was not when the port-watch refused to shorten sail—it was when they would not set the mizen top, and Carr refused to attend to his duty—the captain then said, "If I had a musket up here I would shoot you"—that was after he broke his leg—he was lying on the poop when he used the strong language to me—the threat about the pistol was on the 13th.
COURT. Q. I do not quite understand, was it the rain-water they complained of? A. Rain-water caught from the poop in two casks—that was not the water the captain and I drank, we drank the river water—when that complaint was made a change was made in the afternoon, and then that complaint was gone—they made that complaint on 4th August—though their complaint was set right, they still refused to work the ship—they would not give any reason for that—they wanted to go to Madras, because they were afraid of the captain's conduct, and irritable language—he had threatened what he would do when he got on his legs, "on his pins" was the expression he made use of—he said, "You will see when I get on my legs what I will do"—that frightened them so that they wanted to get into a safe port—I know no other cause of complaint up to 13th November,
but the rain-water and the captain's strong language—I would not ship with the captain again, because he does not treat his officers in a proper manner—the water was changed to river water—that was not fit to drink, but the men made no complaint of it—I drank it occasionally unfiltered, but the captain did not drink it unfiltered, that I am aware of.
Q. You were twenty-eight, including the captain and crew; how came you the chief mate, and the other twenty, to allow the eight to have the upper hand? A. The others were as bad as these, at least not as bad, but they were the ring-leaders, being Englishmen—the others were five Greeks and six Dutchmen—they were all foreigners.
MR. RIBTON dated that he could not resist a verdict. The COURT considered that tough it would be impossible to justify the revolt, it would be well to prove a little more provocation.
HENRY MARTIN (Not examined in chief).
Cross-examined by MR. RIBTON. Q. Are you the sail-maker? A. Yes—I sailed with the captain from Calcutta—coming down the river, and before he broke his leg, I heard him threaten the men—they were strangers on. board the ship, but had done their work as men ought to do, as I think, and I have been twenty one years going to sea, and have been in all capacities on board ship—I cannot express exactly what he said, because he had too much talk—he did not threaten them at that time, but he told Liffin and Dixon to take the pilot, put him under the chain on top of the windlass, and let him go over with it—they would not do so—I heard him several times speak to the chief mate about combing his head with a birch-broom after these men dropped duty, they came and got their pound of bread every morning regularly—I saw Campbell on the poop when I was dressing his leg, and he said, "If I had a pistol I would blow all your brains out as you work on deck"—Dixon turned and laughed, and said, "Captain Camphell, you would not do what you say, would you?"—I have seen the captain drunk—he was deeply intoxicated when be broke his leg—Liffin and Dixon told him to keep clear of the hawser, or it would take his leg away—he said, "Don't you think I am as good a sailor as you are?" and at that time the hawser caught him, and away he went—Liffin picked him up, and set his leg—it was about four days after that that he threatened to shoot him with a pistol—I heard him use other threats nearly every day—threatening what he would do if he only had his legs under him, but he did not say what—he said, "If I had only got my legs under me, I would take those men and trice them up, and keep them there till I thought I was satisfied—I did not go out with him—Smith had done nothing when he was put in irons, but he complained of being worked up—the captain ordered him to be put in arrest, and I said, "Captain Campbell, it is foolishness of you; it is your fault—what is the use of your doing it?"—I told him so before his mate, and I told him that if he kept his tongue quiet, every man would work and bring the ship home—he then wanted us to bring the ship into port—he said in the Bay of Bengal, that when he got on his legs, he would shoot every man as they walked along the deck—the men all heard that, and they said, "Let us take our punishment in the Bay of Bengal, or in any port you like, but we will not proceed to England"—I will not go another voyage with him, I would sooner beg my bread.
COURT. Q. Are we to understand you that he was serious when he said he would shoot every one of them? A. Yes, he was serious, but he was the worse for liquor—I dressed his leg four times, and he took a dram every time—I took it seriously, but I never thought it would come to this, or I would have made a diary of it.
Q. How were you to work the ship if you were all shot? A. You must not despise, us because we are petty officers—we could work the ship as well as the captain.
ALEXANDER SANGSTER (Examined by MR. RIBTON). I was carpenter on board the ship—I sailed from London in her—I often heard the captain use bad language towards the men—I heard him threaten to shoot them after he left Calcutta—one day the men were coming down from getting bread, five or six days after we came from Calcutta, and he said he would shoot them as they went along the deck—he also said that when he got on his legs he would put them in irons, and put a gag in their mouth, and string every man up in the way he described—I have seen him string a man up—that was James Singleton.
COURT. Q. String him up with his hands behind him? A. He put him in irons with his hands behind him, and fastened him to a staple with his toes on the ground—he could not move his hands, as the irons were too tight for him—he was so from 4 in the afternoon till 6 the following morning—he was the chief mate.
MR. RIBTON. Q. Did Singleton leave him at Calcutta? A. No—he summoned the captain, but they were ordered to go on board again—the Magistrate gave them some advice, and said they had better go on board the ship, and try and agree together—Singleton did not come back with us—I have heard the captain say that Singleton used to take his spirits on the passage out—Singleton stated to the Magistrate at Calcutta what I have stated today—I was there, but was not called on—Singleton followed the Magistrate's advice—he went on board, and stopped some days; but he was anxious to get clear of the ship, and somehow or other he got his discharge—I saw the captain drunk twice after we left Calcutta—I do not know whether this affair of Singleton's was known to the prisoners—I never mentioned it to them—we had rain water to drink till we refused it, and afterwards water which was pumped out of the Hoogley—I seldom took tea or coffee, because we could not use the water; it was so thick that it would not settle, if you drank it, your mouth was full of sand and mud, and yet no sediment would form—the captain drank it after it was filtered—it was only a small filter in the cabin—it did not filterer enough for all the crew—Sullivan died on the voyage home, on the coast of Africa—the captain had made him come up at 8 o'clock in the morning and weigh out the bread to the crew when he was too weak to stand—he was suffering from diarrhoea, and fever, and ague—he made him carry the bread, and said there was nothing but laziness the matter with him—I would not go to sea with the captain again; I would die first.
MR. POLAND. Q. Was Singleton chief mate? A. Yes—he made a complaint at Calcutta, with the crew—the case was heard—the captain was summoned by Singleton and the crew who left England with us—I did not summon him—he took me as a witness with him, but I was not called—nothing was done about the seamen—Singleton was punished because he was ordered to go overboard and scrape barnacles off the ship, and he refused—I sailed with the captain out and home—I have seen him drunk three times, what I call drunk, on the voyage out, and three times coming home—It was in the River Hoogley on each occasion, and the pilot was in charge of the vessel on each occasion—we could not filter the water for all the crew—I had the same water as the men—it was my duty, and that of the men, to keep the deck clean.
MR. RIBIOX. Q. Are they forbidden now to take the water from the river? A. Yes—while we were lying there to get our water, there was a
ship called the Blue Jacket there—Her Majesty's vessel Industry was at the Ascension Islands—I do not know whether the commodore directed all the water to be taken out of the tanks and the tanks cleaned—it was not done.
COURT. Q., Did you come with the same water to England? A. We took. some water in, but it was put with the dirty water—I say that I would rather die than ship with the captain again—I did not leave at Calcutta, because I had a friend at home who I wished to see, and I thought if I could get home, I should like it; but I would sooner meet whatever comes than go out with him—he has never struck me—he could not—he would sooner tantalize a man to do things that he would be sorry for afterwards than strike him—he never put me in irons—he has used bad language to me.
MR. POLAND. Q. Has it been the practice for years past, to water the vessels from the Hoogley? A. At times from the river, it goes through a filter first, and through tanks, but it was pumped out of the river as they went down—the captain left the vesssel at Ascension, and had no charge of her.
—MUSGRAVE. (Examined by MR. RIBTON). I was the second mate—I joined in Calcutta—I did not know the captain before—I have heard him threaten the men—I cannot say the date—it was my morning watch on deck—after the men had knocked off, they were coming up with bread—I was on the poop, and Sommerville, who is dead, is the only person I have to prove it—I heard the captain say that not one of them should come off there if he was on his pins, and something about shooting them, but I do not exactly know how he said it—that was the only time I have heard him threaten them—I saw him drunk once—I do not know whether he was drunk on the day when his leg was broken—I saw him on his back—he treated me badly, but only by abusive language; nothing else—I have heard since about his combing my hair with a birch broom—I heard that on board the vessel—I should not like to ship with him again—there was a filterer going down the companion-ladder, but we did not have water out of it—I sometimes did take the same water as the captain, but it was unknown to him—he had filtered water and I had it unfiltered—it was not fit to drink when better could be got—I do not know whether they are allowed to take water from the Hoogley—it was my first voyage to Calcutta.
MR. POLAND. Q. Were you discharged from your previous ship? A. Yes—the Essex—I liked the captain, but I did not like the rules—she was going to stay three months, and I wanted to get home—I had no quarrel with the captain—some of the prisoners were discharged from the Essex also—it is not the practice for the crew to leave at Calcutta; but if you want to get clear of a vessel, there are many ways of getting clear of her.
MR. POLAND to CAPTAIN CAMPBELL. Q. You have heard the last evidence; what do you say about Singleton? A. He refused duty on the passage out, I put the irons on him, and he took them off—I found them lying on the sofa—I said if he would promise to do his duty as chief officer, I would forgive him—the tears came into his eyes, and he said he would, and I should never find him guilty of it again—what he had done was this: the men were cleaning barnacles off the ship; I said that they were missing them, and not cleaning the ship's side properly, and he gave me some insolent language in the presence of others of the crew—I saw them laughing, and told him I would put him in irons, and carry him to Calcutta for breaking the discipline of the ship—he was next to me on board the vessel—the shipping-master at Calcutta was anxious to have him prosecuted, but I paid him off—there was an inquiry at Calcutta, and a complaint
against me, but nothing was done to me—I have never had anything done to me since I have been master of a ship—I did not threaten the second mate with a birch broom—the water that was in the ship went through the same process as when she has been full of passengers—I have two large luggers, each holding three hundred gallons—I have a hole bored at the foot, the water is pumped in, and is allowed to settle—I left it to the carpenter, and said, "You will not draw a single drop of water until it is thoroughly pure"—the water comes through the bottom of them—I wanted to filter my own, and I used to go in the morning and see that it was clear, and not allow them to draw it if it was not—I had a sponge in the hole, in the tub, as the filterer was broken, and if they chose to put in the water it went through the sponge into another vessel underneath; but they never made any complaint of the water, either at Calcutta or anywhere else—I never told Dickson and Liffin to put the pilot on the windlass—I did not threaten to shoot all the men when I got on my legs—I never had a firearm in my hand—the pilot had some bottled ale, the same as I had; but when the ship went on shore, I was rather excited, but I was not in charge then—the men ought not to come on the poop when they are off duty, but they came regularly for their food—I was lying there on my back—they did not come and jeer me.
MR. RIBTON. Q. Is it entirely untrue what the witnesses have sworn than Singleton was strung up from 4 in the afternoon, till 6 in the morning? A. Entirely untrue—I never strung a man up—I put the irons on him and made fast the string to the staple which was behind, and about two hours afterwards I went into the after cabin (it was like a check on him) and found him released and lying on the couch sleeping, with the irons off—he said that he took them off himself—I said, "Have you been in the habit of having irons on before."
Q. Did not you tie him up with a rattling iron? A. No, I took the piece of stuff through the staple, and made it fast—I tied the irons to the staple, so that he could not get away—his wrists were not swollen next day—I took the irons off him.
Q. But you said that he took them off? A. I found him sleeping, and I took them off him the following morning.
COURT. Q. You said that you saw him two hours after he was tied up? A. Yes, and found him from the staple, with the iron off one hand, and on the other, lying on the sofa—he was not fastened in the cabin—I tied him into the cabin, and he unloosed himself.
MR. RIBTON. Q. You said that you went in two hours, and found the irons off? A. He had taken one iron off one of his wrists, and was lying on the couch still fastened with one hand—that was not fastened in the way I had fastened it before; he had released himself, and I asked him how he had done it—he told me he had done it with a nail—I did not find him in the position I left him—he untied the string from the staple, and when I went in I found him with one hand clear, I let him lie sleeping—he might have got up on deck and walked away, but he laid himself down on a couch—when I went in in the night, he was still lying there half on his belly—I did not look to see whether the iron was still on him—he could have got away if he liked.
COURT. Q. What irons are they? A. Handcuffs—I spoke to him the following morning, and he said that he would never be guilty of such like again—I said that it was very unbecoming of him to be refusing duty before the men.
Q. You do not suppose you had any right to do what you did do; cause
I should advise you to unlearn it as soon as you can? A. It was for refusal of duty—I have heard these men say that they would not ship with me again—I do not know how to account for that—two lads named Conolly and Johns want to go back with me.
MR. RIBTON. Q. Do you recollect Somerville? A. Yes, he took fever—e was not very ill; the doctor saw him at Ascension—he died in the channel believe—he was not in a weak exhausted state when he left Ascension—is not true that when he was in that state, I ordered him to carry the bread up to the men—my instructions were to him that he was to do nothing—it was the steward who carried the bread up—if Somerville did it, it was unknown to me—it was never told to me that when he was carrying the bread up, he fell down—I did not say that it was mere laziness—he had been four years with me.
MR. POLAND. Q. Were you on board when he died? A. No; I left the ship at Ascension—he died before the ship reached England—he served with me three years.
Dickson. All I have to say is, that what we did, we did in selfdefence; there were others to assist the captain; we did not know who were friends, and who were foes.
LIFFIN. CARR, and DICKSON— GUILTY .— Confined One Week each .
PILLAGE— GUILTY .— To enter into recognizances to appear and receive judgment when called upon .
TOPPER, and MATTHEWS— NOT GUILTY .
NEW COURT.—Wednesday, February 28th, 1866.
Before Mr. Common Serjeant.
MESSRS. METCALFE and DALY conducted the Prosecution; MR. SERJEANT BALLANTINE and MR. F. H. LEWIS the Defence.
EDWARD KING . I carry on business at 22, Austin-friars—I am secretary to the Hallenbeagle, as well as other mines—that mine is worked on the cost-book system—on reference to my cost-book under date 25th November last, I find that 100 shares stood in the name of Henry Withered—there was a call of 12l. 10s. due upon those shares—that would be reduced by discount to 11l. 17s. 6d.—the prisoner was a shareholder in that mine—there was a meeting of shareholders on 16th November, and he was in the chair—I do not remember any proposition made at any meeting to remove the offices from London to the country—I received this letter on 27th November—[This was dated November 25th, 1865, from Henry Ansted to Edward King, Esq. and enclosed a transfer of 100 shares in the Hallenbeagle mine, from Mr. H. Wethered of Bristol; also a bank post bill for Calls due, 11l. 17s. 6d. dated 25th November, from the Plymouth branch of the Bank of England. The transfer purported to be from Henry Wethered to Edward King, Esq. requesting him to enter 100 shares in the name of Henry Ansted, Esq. of 20, Tamerterrace, Stoke, witnessed by George Gill; Henry Ansted undertaking to accept 100 shares, witnessed by Mary Ansted]—I sent this certificate to the name and address given in the letter—Stoke is near Plymouth—[This certified that 100 shares in the Hallenbeagle mine had been registered to Henry Ansted signed Edward King, secretary and purser]—after that, I received a draft from Mr. Wethered for the amount of calls due on his shares—on 5th December, I received this letter, marked "E," enclosing
a certificate—[This was dated Bristol, 4th December, 1865, from J. K. Thomas to Edward King Esq. enclosing transfer for 100 shares. The transfer was from Henry Ansted to Edward King, Esq. requesting him to transfer 100 shares to John Hutchings, and an acceptance from John Hutchings to take the same; witnessed by J. K. Thomas]—I then referred to the transfer from Clift to the prisoner—this is in prisoner's writing—I have seen him write—my suspicious then fell on the prisoner—I believe the other transfers to be in his writing—I know his writing very well—the form of transfer was by the same printer, but the name had been cut off—the two transfers looked as if they had both been cut by one knife—the genuine and forged transfers were both cut—the name on the forms, was, "Tregaskis, printer, Redruth"—I communicated with the police—I received this letter from the prisoner in June—it is written by him—the water-mark on the paper is "Pierre and Sons, 1862," and it is blackedged—at one of the meetings, the list of the shareholders was placed on the table, and was afterwards missed—it contains the names and addresses of all the shareholders, with the number of their shares—this is the list; it contains the name of Wethered, 100 shares—this letter signed "H. Ansted," I believe to be in the prisoner's writing—the paper on which it is written, is impressed Rock and Co.—the call upon the shares was made at the last meeting, when the prisoner took the chair.
Cross-examined. Q. How long have you known the prisoner? A. Several years—I have not had any unfriendly discussions with him—when I received the transfers, I handed them to my clerk—it was not until I had suspicions, that I found them to be in the prisoner's writing—it did not strike me at first as being a forgery—it was in a disguised hand—it is not exactly like his genuine hand—I know he is a gentleman of considerable practice as a surgeon, and I have been intimate with him—I believe he is highly respected in the place he lives in—I have not got the transfers here that I examined—I did not find any other transfers with the printer's name cut off—I think I examined about 500—I knew that the list of shareholders had been taken—Mr. McKann took it—he is a friend of the prisoner's—I demanded that list from McKann, but he would not give it up—it was never returned—McKann was a shareholder—some twelve months previous there was a movement, in which McKann and the prisoner were parties, to have a local board in relation to this mine—the list was taken by McKann in November last, and the movement to have a local board was twelve months before that—a committee of three gentlemen was formed—two gentlemen in Cornwall I think, were added to the committee—they were to sit nowhere in particular, merely to attend to the duties of the mine—there was opposition at all the meetings—there was no opposition to the local board; the resolution was passed unanimously—the books of the mine are kept in London, and duplicates of them at the mine—votes are taken by proxy, sometimes.
MR. METCALFE. Q. Were there proxies taken at the last meeting you spoke of? A. Yes—Mr. Wethered was not present—the prisoner represented him by proxy—that would contain Mr. Wethered's signature.
MR. SERJEANT BALLANTINE. Q. Where is the proxy? A. It would be destroyed.
MR. METCALFE. Q. Whose writing is "Henry Ansted" upon that transfer? A. I believe it to be the prisoner's—it was not carried out
HENRY WETHERED . I reside at Devon House, near Bristol—I was proprietor of 100 shares in the Hallenbeagle Mine in November last—I did not transfer them, and I never authorized their transfer—I sent to pay the "calls," and I then ascertained that somebody else had paid them, and transferred the shares—I do not know any such person as George Gill.
JOHN KEMPSON THOMAS . I am a stock and share broker of Bristol—I am not acquainted with the prisoner—I have never had any transactions with him—on Monday, 29th November, I received this letter—(This was dated 21, Tamoreterrace, addressed to Mr. Thomas, and signed Henry Ansted/—it stated that he had 100 shares in the Hallenbeagle mine for sale, and asking Mr. Thomas to get the best price he could)—This other letter is dated 3d December—I received it on the 4th—the water-mark on the paper is "A. Pierre and Sons, 1862"—the post-mark is "Redruth, December 3d"—This was dated "3d December, 20, Tamoreterrace," from Henry Ansted to J. K. Thomas, Esq. stating that he thought 35l. per share a very low price for the 100 shares in the Hallenbeagle mine, but would take that price, as he wanted to sell them)—I found a purchaser for them, and wrote to him to that effect—I received this transfer—I believed it was enclosed in that letter—it is dated 2d December—it is from Henry Ansted to John Hutchings—I passed that on to Mr. King, the purser.
COURT. Q. You found out Mr. Hutchings, and got him to sign it? A. Yes.
MR. DALEY. Q. Was Hutchings the proposed purchaser? A. Yes, next morning I visited Mr. Wethered, something took place, and I did not carry out the transaction.
JOHN SPITTLE (City-detective). On 5th December, I received instructions to find out the forger of this transfer—I went to Bristol, and communicated with Mr. Thomas—afterwards I went to Plymouth, and to 20, Tamoreterrace, Stoke—I found Mrs. McLean living there—I took Mrs. McLean to Redruth to the prisoner's house—after inquiring into a matter about a 5l. note—I received a warrant from the Lord Mayor to apprehend the prisoner, which I did on 18th January, at the Redruth Railway station—I searched his house, and found a number of papers and books, which I brought away—I found three blank forms of transfer—two of them had the name of "Tregaskis, printer, Redruth," on them, and one had no printers name—I also found two letters, which have been put in, upon the prisoner, dated 4th December, and 5th January—the one of 4th December, was signed W. L. Permewan—I found two more at his house, one dated 19th September, and the other the 20th—I found this note paper in the prisoner's house—one kiud bears the name of "Rock and Co. London," and the other "A. Pierre and Son, 1862," and another one with the words "Satin," upon "Rock and Co. London," is stamped, and "A. Pierre and Sons, 1862," is a water-mark—on 5th December, I watched two banks at Plymouth—the Branch of the Bank of England, and the South Western Bank—they were in the same neighbourhood, and I could watch both at the same time—the letter produced from the brother is dated the 4th—I did not send this letter to Tamoreterrace, but it was sent at my suggestion—it is unopened.
Cross-examined. Q. Did you take the landlady to identify him? A. Yes—she never said positively that he was the man—I also took Mr. Gray from the branch of the Bank of England, Plymouth, where the bank post bill was issued, to see whether it was the prisoner to whom it was issued—I did not show the prisoner to him—I think bank clerks are generally more accurate than women—Plymouth is about sixty miles from Redruth by rail—it is about two hours' ride—I took the bank clerk to Redruth, because he issued the bank post bill to some person, between 10 in the morning and 3 in the afternoon—I did not take anybody else to Redruth—I can swear that I took a waiter from the Royal Hotel to the Guildhall, Plymouth, to see the prisoner—he is not here—that was not in connexion with this case—I did not learn that a person named Ansted had been staying at the Royal Hotel.
MR. METCALFE. Q. Mr. Gray being cashier at the bank, had you any difficulty in getting permission for him to be absent? A. He could not leave for more than one day—I did not take him to Redruth—he was sent to me.
ELIZABETH MCLEAN . I am housekeeper at 20, Tamoreterrace, Stoke—I let a lodging on 25th November, between the hours of 10 and 12—letters were afterwards sent there for the person who took the lodging, in the name of Henry Ansted—I never saw the person after he took them—the detective telegraphed me to come to Redruth, and showed me the prisoner—I believe he is the person that took the lodging of me—he gave me this address to which letters were to be forwarded—(Mr. King here stated that the writing on the paper was the prisoner's).
Cross-examined. Q. What time was this lodging taken? A. Between 10 and 12 in the morning—I think the person told me he was going by the Cornish train which, I think at that time, left about half-past 11—he was to come in and occupy the lodging on the Wednesday or Thursday following—I had not seen any photograph of his before he went to Redruth.
RICHARD ADY BAILEY . I am a clerk in the Bank of England—I produce a cancelled Bank of England note for 5l. dated 29th July, 1865—30, 141—there are two stamps upon it, "London and South Western Bank, Cambourn" and "John Mitchell Williams and Co., bankers, Redruth."
MR. SERJEANT BALLANTINE. Q. What is that you are looking at? A. This is our Waste Book—this entry was made by me on 16th November.
MR. DALEY. Q. What did you pay him.? A. 16l. 11s. 9d.—this note, dated 29th July, 1865 No. 30, 141 was one of the notes paid him—I gave him two other notes, which were paid in again on 1st December, by the Rev. Robert Brindell.
MR. SERJEANT BALLANTINE to ELIZABETH MCLEAN. Q. Have you a servant? A. I have—she let the gentleman in.
MR. DALEY. Q. Did you let the lodging? A. Yes.
JOHN CHAMPION . I am clerk to Mr. W. Pike, purser of Mines at Cambourn—on 16th November, I received a cheque, which I took to the bank, and got cashed—amongst other money, I received three 5l. notes, which I gave to Mr. Pike next day.
WALTER PIKE . I am a purser of mines at Cambourn—the last witness gave me three 5l. notes in return for a cheque I gave him—on 24th November, I gave one of them to my clerk, and the other two to the Rev. Robert Brindell—I gave John Thomas, my clerk, the 5l. note with other money, to pay the prisoner and two other doctors.
Cross-examined. Q. How long have you known the prisoner? A. About eight or ten years—he is highly respected in the neighbourhood, and has always borne a very good character—he is surgeon to a great number of mines, and also to the union.
MR. METCALFE. Q. How far is Cambourn from Redruth? A. Three miles.
Cross-examined. Q. How much had you to pay altogether? A. About 42l.—there was only one note—I am quite certain it was not all cash
Cross-examined. Q. What are you? A. I belong to the counting-house of the mine.
SAMUEL GRAY . I am clerk at the Plymouth branch of the Bank of England—on 25th November I issued this bank post bill in favour of Mr. King—amongst other monies that I received from the person to whom I gave the bill was a 5l. note.
Cross-examined. Q. What time was the bank post bill issued? A. I think about the middle of the day, rather later than 12, I cannot say to as hour—I think that was the time from the position the entry is in, in the book.
COURT to ELIZABETH MCLEAN. Q. Is yours Tamore-terrace or Tamore-street? A. Tamore-terrace—I am not aware that there is a Tamore-street.
Witnesses for the Defence.
NATHANIEL EARLS . I am a printer, bookseller, and stationer, of Redruth—I have lived there for the last thirty years, and for the last nine years have carried on business on my own account—I used to print mining transfers, but have not done so within the last twelve months—I have since purchased them of a printer named Tregaskis in considerable quantities—he is a printer of considerable business—I have cut his name off the bottom—I have sold them all—I bought them in dozens and two dozens from time to time—I was pressed for payment in the autumn of 1864, and had to sell off my stock, which was considerable—amongst it were papers bearing the names of Rock & Co.—I recognise Toogood and Watkins' papers—I do not know whether I had paper bearing other watermarks—I did not take particulars notice of the watermarks.
COURT. Q. Do you buy of the manufacturers or stationers? A. The stationers—the sale extended to ten days or a fortnight—I sold out in small quantities, and to the trade.
JOHN TUCK . I am assistant to Dr. Permewan—I live at Chassewater, about three or four miles from Redruth—it is my duty to attend to the miners there—I am out sometimes night and day—I have been with the prisoner four months—we have a mine called North Skirby—I remember the cylinder of that mine blowing up on Saturday, 25th November—I believe there were no people injured—I saw the prisoner about a quarter past 5 on that day—I went from Chassewater to Redruth—I found some one in the surgery with the prisoner—I do not know who it was—I had tea with the prisoner, and then returned to Chassewater.
Cross-examined. Q. You said, "I think I saw him on that evening?" A. I am sure I saw him—I went to Redruth by a train leaving Redruth at four minutes to 5—the journey takes about ten minutes—it takes about four hours to get from Plymouth to Redruth—I remember the day, because the mine blew up—I did not mention that circumstance to the prisoner, I forgot it—I have not got his books here—I believe he keeps books.
MR. SERJEANT BALLANTINE. Q. Do you know that Spittle seized all your master's books? A. I have heard so—I have not finished walking the hospitals yet.
JOHN PERMEWAN . I am the prisoner's brother—he is a medical man, residing at Redruth—he has been there about seven or eight years—I heard of the forgeries, and I wrote this letter to my brother—this is a letter I received from him in reply—I am acquainted with his writing—I have not seen any of these documents before—this receipt is in his writing—this letter to Edward King, Esq., enclosing transfers, I do not know the writing of, or of the other documents.
Cross-examined. Q. When did you receive that letter in answer to yours? A. It bears date the 5th, and I believe I received it on the 6th—I believe that because I generally receive letters the following day—I am quite sure I received it by post, but I do not remember the post mark—I am a share dealer.
ELLEN MELRAIN . My husband is a draper of Redruth—I have known the prisoner for seven or eight years—he is a surgeon, and has attended me five years—on 25th November, there was a very great storm—my baby was poorly, and the prisoner attended it—he was passing, and I beckoned him in—it was about 4 o'clock—I am quite certain it was upon that day.
Cross-examined. Q. Did you make any memorandum of it at the time? A. No—it might have been a little after 4—I did not look at the clock—my attention was first called to this when I heard the prisoner had been taken away.
MR. METCALFE to JOHN SPITTLE. Q. On what day did you take the prisoner in custody? A. On the 18th January—I took Mrs. McLean to see him on 16th December—I produce the prisoner's daybook.
Crossexamination of ELLEN MELRAIN, continued. I cannot recollect how long it was between the time he attended my baby, and the time he was taken away—I was first asked about it by Mr. Trevenier, solicitor, of Redruth—that was about a fortnight ago—I did not go before the Magistrate—then I began to recollect about the baby and the storm.
MR. SERJEANT BALLANTINE. Q. Was there any other day in November in which you recollect there was a great storm? A. No—I am quite sure it was 25th of November—I have not paid for that visit.
JOHN RICKARD . I am a miner, and work at the Wheelwriggan Mine—the prisoner is the surgeon of that mine—I recollect a very great storm on 25th November—I had a bad pain in my back, and I went to the prisoner for some medicine—I left home about half-past 3, and got back again before 4 o'clock—I saw the prisoner, and had medicine of him—the cylinder of the North Skirby Mine burst on that day—that is close to our mine, and it occurred just after we had left.
Cross-examined. Q. When were you first asked about this? A. I cannot say—about a fortnight after, I suppose—I inquired what day of the month it happened.
—WEBSTER. I live at Redruth—I keep a horse and cart, and carry out goods—on the 25th November the prisoner attended my mother-in-law—there was a storm that day—Friday is the market-day at Redruth.
Cross-examined. Q. Was this on market-day? A. No, Saturday, the day after—I was going home to dinner about 1 o'clock, and I met the prisoner coming out of my house—I was asked what day it was a few days ago—then I remembered directly—he had attended her before that—I do not know whether he did every day—I cannot tell when he attended my mother-in-law before this day, as I was not always at home.
—I know his writing—these documents I have not seen before—this receipt is in his writing—I do not know the writing of any of the others—this signature is not exactly like his—I could not swear to the body of it.
Cross-examined. Q. If you were pressed, would yon rather say it was not his writing? A. It is a heavier writing—this is a very little like his writing, if any—I should not like to swear it is not his, but my opinion is that it is not.
MR. METCALFE to EDWARD KING. Q. Did you see the prisoner on 5th December? A. Yes—he attended at my office, and placed his signature to this book—it was a special meeting, and was held about 2 o'clock—I saw him there.
COURT. Q. How long does it take to get from London to Redruth? A. By special train, ten hours.
MR. METCALFE to JOHN PAUBERTHY. Q. What time are the London letters delivered at Redruth? A. About half-past 9.
GUILTY .— Seven Years' Penal Servitude .
Confined Eighteen Months .
MR. COOPER conducted the Prosecution.
ALEXANDER BINNIE . I am a tailor, of 31, Old Bond-street, under the name of A. Binnie and Co.—the prisoner entered my employ in May, 1861—his duty was to take charge of the stock, which amounted to 1, 000l. or 1, 200l., and to measure all goods coming from the drapers, and to put the numbers upon them—this cheque (produced) never came into my possession—the writing "A. Binnie & Co.," on the back, is the prisoner's, and "T. Green" is his writing also—I have often seen him write.
COURT. Q. Was it payable to your order? A. To our firm, and not crossed—I had seen him write "A. Binnie & Co." while with us—the writing on the back of this cheque is disguised.
REVEREND ROBERT BINGLEY . I reside at Braizeworth Rectory, Suffolk, and am a customer of the prosecutor's—on 6th June, 1865, I sent a letter to Mr. Binnie, in which I enclosed this cheque—I have the counterfoil with me—I did not post it myself—I left it to be posted with other letters—I received intimation from Mr. Binnie, before Christmas, that he had not received any money from me—it was before my bankbook was made up—I communicated with Messrs. Binnie.
THOMAS FREDERICK YATES . I am a tax-collector, of 31, Lower Belgrave-street, Pimlico—the prisoner occupied the house No. 309, Vauxhall-bridge-road—he owed 4l. 1s. 3d. for Queen's taxes, due in March last—on 17th August he brought me a cheque, and offered it in payment of the taxes—I gave him change for it, and crossed it "London Joint Stock Bank"—my impression is, that I asked the person who brought it to sign his own name on the back—I paid it into my bankers.
years—I go to the shop at seven in the morning in winter and six in summer—the prisoner used to come about half-past eight—I then used to go upstairs to breakfast—the letters came between 8 and 9, and the prisoner generally took them in—I never touched them—the prisoner's duty was to put them in the back room.
THOMAS BINNIE . I am the prosecutor's son and clerk—I have seen the prisoner write "A. Binnie & Co." occasionally—I believe the writing on the back of this cheque to be his writing disguised—the "&" is made exactly the way he used to make it, and there are other characteristics about it.
(The prisoner received a good character).— GUILTY .— Confined Twelve Months .
THIRD COURT.—Wednesday, February 28th, 1865.
Before Robert Malcolm Kerr, Esq.
MR. DALY conducted the Prosecution, and MR. HOUSTON the Defence. HARRIET HERRING. I am the wife of William Herring, a drug-grinder—we live on the second floor of 31, Fleet-lane—on Sunday evening, 14th January, I was on the third floor, and heard some screams proceeding from Mrs. Pepler's room—I went down, and saw the prisoner there, and Mrs. Pepler, who said that he had been going to strike her—the prisoner then made a rush towards her—I stepped between them and said, "Don't strike her," upon which he put his fist up to me, and said, "They are all b—s to me in this house, but you are the worst," and then struck me in the chest with a knife—I did not know that he had a knife, till I felt myself being cut, and then I cried out, "Good God! Almighty! he's killed me," and Mrs. Pepler said, "No, child!"—I felt my body was being cut through, and then I became insensible—I had been drinking a little, but knew what I was about, for I ran down stairs to protect Mrs. Pepler, as I thought her husband was beating her—I was taken to the hospital, and remained there about three weeks—the wound is still in my breast—I am now an out-patient.
Cross-examined. Q. At what time was this? A. About a quarter past 9 on the Sunday evening—when I went into the room, I found Mr. Doyle standing there, and Mrs. Pepler near the fire-place—the two children were in the room—Mrs. Doyle followed me down-stairs, and came in just after me—I do not think she was in the room when I was stabbed, for I was a flight of stairs before her—the prisoner had his hand ready to strike Mrs. Pepler—I stepped between them, and laid my right hand on his left arm, and, in a persuasive sort of tone, said, "Mr. Doyle, don't strike her"—I was not drunk—I had had two or three glasses—I do not know whether the prisoner had any bad intention towards Mrs. Pepler—I did not see the knife—I heard the children screaming, and I went down to see what it was.
JOSEPH PEPLER . I live in the same house as the last witness with my parents—I remember coming home from church on this Sunday night—the prisoner was in our room—Mrs. Herring came in with Mrs. Doyle, and Mr. Doyle picked up a chair and swore—I saw him strike Mrs. Herring some where in the breast, but I never saw any knife or anything in his hand—I can hardly remember what happened after that.
Cross-examined. Q. I believe you went to fetch a cab to take her to the
hospital. A. Yes, it was about half-past 9 o'clock—altogether there were in the room me, my mother, my sister, and Mr. Doyle—Mrs. Doyle was also there, by the side of Mrs. Herring—I did not see the prisoner do anything to Mrs Doyle—I do not think she was doing anything; Oh yes, she took up a chair, and swore at Mr. Doyle—my mother was standing by, doing nothing.
COURT. Q. I suppose you had just come from St. Sepulchre's, and you came straight from Church to hear the swearing? A. Yes.
WILLIAM HERRING . I am the prosecutrix's husband—I was not in the room when she was stabbed—Mrs. Roberts called me down, and said my wife was stabbed—I went down, and found it was true—she was sitting on a chair, and the prisoner was standing against the fire-place—I said, "Doyle, you've stabbed my wife"—he says, "Have I?"—"Yes," says I, "you have"—I asked him where the knife was—he said that he had not got one—we found the knife on the table—he was then taken into custody.
Cross-examined. Q. Where were you when your wife was stabbed? A. Up stairs in my own room—I believe all the parties were a little the worse for drink—there have not been frequent quarrels in the house lately—Mr. and Mrs. Doyle have quarrelled sometimes—I don't know whether Mrs. Doyle was a quiet tempered woman or not—I have never spoken to her three times hardly, since I have been in the place—The prisoner was drunk—I had had nothing to drink after one o'clock.
ALFRED PARKER (City-policeman, 248). I was called into the house in question, on 14th January, and saw Herring sitting on a chair, and the women Staunching the blood which was flowing from her chest—I asked who had stabbed her, and they told me it was the prisoner—the knife was found on the table by Emma Waters—there is a stain of blood on it now (produced).
Cross-examined. Q. Was the prisoner drunk? A. Very drunk indeed—when I asked him what he had done it with, he made no reply.
GEORGE HUNT ORTOH . I am house-surgeon at St. Bartholomew's hospital—between 9 and 10 o'clock, on the Sunday evening Mrs. Herring was brought in, I examined her chest, and found a long wound in the ribs; such as I should think would be produced by a violent blow from such a knife as the one now shown to me—it was a very dangerous wound—she remained in the hospital for three weeks.
The Prisoner's statement before the Magistrate. I wish to state that I know no more about it than a child unborn; the first intimation I received of it, was Mrs. Herring's accusation; that is all I have got to say, except that I was almost insensibly intoxicated.
Guilty of Unlawfully Wounding. — Confined Twelve Calendar Months .
EMMA LACK . I am the wife of William Lack, a shoemaker, and live at 107½, Brick-lane—he is not in England just now, and I keep the shop—on 21st January, I was awoke at twenty minutes to 4 in the morning by the officer who had taken the prisoner in custody—three shutters had been taken down, and a pane of glass was cut out sufficient for a man's body to get through—at first I only missed a bundle of morocco, worth about 10s.—which I thought I would not say anything about, as I hoped the case would be then settled at Worship-street; but afterwards I found I had lost as much
as 3l. or 4l. worth—I had been careful to have the house well-fastened up before I went to bed—I had an extra bar put up, which cost me 12s., and that was wrenched as well as the other—the small bundle now produced, marked "6d." was dropped in John-street—it was found sometime afterwards—the account-book, &c. produced are mine, and were stolen at the same time as the leather—those are all the things that were found.
SAMUEL AUSTIN (Policeman, H 124). I was on duty on 21st January, in Brick-lane, and heard the crash of glass breaking—I saw the prisoner running away from the door of the prosecutrix's house down St. John-street—he turned back and met me—I went up to him, and catching hold of him said, "Where are you going to?"—he said, "I am going home"—I took him back to the place from which the noise seemed to have proceeded, and found two bars broken, the shutters thrown on one side, and a pane of glass broken out, large enough for a man to get through—I called up the prosecutrix—afterwards I went down the street, and found in different places, two bits of leather, and at the railway arch to which the prisoner had gone, and from which he was returning when I took him into custody, I found the little bundle produced—this book I found under the window—I charged the prisoner with burglary—he cursed and swore and said he did not do it—I could not see when he was running first whether he had anything in his hand or not—there was no one else about anywhere to be found.
Prisoner. Q. Did you ask me where I was going to? A. Yes, I did not ask you if you knew anything about the window—I told the Magistrate at Worship-street, that I lost sight of you for a few seconds—it was only a few seconds—I am sure I did not tell the Inspector at the police-station, that I could not be sure you were the party.
COURT. Q. Have you any doubt about the prisoner's identity? A. No, he had no cap on when I saw him running towards the arch, and he had not one when he turned back, and I met him.
Prisoner. Q. Could not persons have found their way out at the end of Johnson-street through the railway-arch? A. Yes, and there are several other thoroughfares.
The prisoner's statement before the Magistrate. "I know nothing about it; I had been drinking over-night."
Prisoner's Defence. The policeman says I went down the turning, and come up the turning, that was my way home; I had come from Mile-end, and had been drinking in the night with my shopmates; I don't know exactly what time I left the public-house, but I was perfectly sensible, and was going home to my sister's, that was my nearest way; there is egress at both ends of the street, and on both sides of the way down the street; if I had done it, I should not have attempted to come back that way, when I could have got off without; I was discharged for this last Sessions, and I went back to my work, and the policeman took me again afterwards; if I had been guilty, I should have gone elsewhere instead of going back to my work, where the policeman would know where to find me.
The COURT explained to the Jury, that at the previous Sessions, the depositions had not come to the COURT, and therefore the prisoner was discharged; but was again apprehended on the following day.
GUILTY . He was further charged with having been before convicted.
GEORGE AGAR . I know the prisoner—he was convicted at this Court, on 25th February, 1861, in the name of Robert Payne; and sentenced to Nine months imprisonment, which he served in the City prison, Holloway.
Prisoner. I do not know this man. Witness. He was employed as a
shoemaker, and worked in the shoemaker's shop—I know him well—he has been seen by the Governor.
Prisoner. The witness is liable to make a mistake in a man after five years; I never worked in a shoemaker's shop in a prison in my life, so that I know the man must be mistaken; I have been working as a shoemaker, until I was taken into custody, and the policeman took me from my work when he took me the second time; he waited while I finished two pair of boots off. Confined Six Months .
MR. GENT conducted the Prosecution, and MR. WARNER SLEIGH the Defence. JOSEPH WRIGHT. I live at 42, Union-street, Middlesex-hospital—on 25th January, I went to a public-house in St. Martin's-lane, at about half-past 7 o'clock—after I had been there some time, at about 9 o'clock the prisoner came in—I had known him before, and we had something to drink together—a little after 11, another party was drinking with us, and they took my watch out of my pocket, more for a lark than anything else, and I said, "That won't do for you, it is not good enough, it is only a Geneva"—the prisoner was in the front of the bar, and they all saw the watch—it was not taken away—after I left the house, I went to Dean-street, and some one very much resembling the prisoner came up to me, gave me a push, snatched my watch, and made off with it—I said, "Sam, don't touch me," or something of that sort; but he snatched it away, and made off with it quickly.
Cross-examined. Q. Do you know the prisoner very well? A. Yes; I have been upon terms of friendship and drinking with him, but not of late years—I had been drinking very freely on this occasion with him—the man who took the watch away, came up behind me—he did not answer me when I spoke to him—the prisoner certainly looks very much like the man I was drinking with, and who committed the robbery—I knew what I was about.
SAMUEL WEBBER (Policeman, 54). On the night of 25th January, I was on duty, and had just passed through a court leading from Dean-street to Great Chapel-street, when I saw the prisoner passing me, at about a quarter to 12—he had his hands in his pockets, and was just beginning a sort of slovenly careless run—he seemed to be pretty merry, and I did not say anything to him—about a minute after, the prosecutor came down and told me his watch was gone—I went after the prisoner, but could not, overtake him—the prosecutor had evidently been drinking, but he knew what he was about.
CHARLES COLE (Police-sergeant, C 23). I met the prisoner on 13th February, in New Oxford-street—I beckoned, called him towards me and said, "Sam, you are wanted for stealing Brighton Joe's watch and chain"—he said, "Well, Cole, I did not have it; I know it is gone, but I do not know who had it"—he mentioned some public-house in Rupert-street, and said he was looking out for Brighton Joe, because he knew he wanted him—I have not been able to find the watch.
COURT. Q. What made you call him Brighton Joe? A. They had both been companions for years, and were well known to us—Brighton Joe is a thief too—he has been working lately, but he had four years' penal servitude.
NOT GUILTY .
MR. WILL conducted the Prosecution.
MARY LOCKE . I am the prisoner's wife; he is a shoemaker—we live in a room at No. 10, Quaker-street, Spitalfields—a man named Tuck lives in the same room—on the 15th February, I and the prisoner went out together in the morning, and came back about 4 o'clock—I had had some words with him during the day, and the quarrel was continued when we got home—Tuck was in the room at the time—I had been in some public-houses with my husband—we had been drinking a little, but I was not the worse for liquor—he said he would do for me some of these days, and he then attacked me with a knife, which he got from the seat where he used to sit at work—I did not see that he had it in his hand at the time—he had not resumed his work—he took hold of me and forced me to the ground, and my head went betwixt the bed and the iron stove—he put the knife to my throat, and I put my hand up to save myself, and received a stab in the hand—before that, I had received a slight stab in my throat—I had a slight scratch on my chin, which has got better—the other wounds have not proved dangerous—Tuck went for a constable—I have been married to the prisoner about four years—we have no children alive—nothing of this sort has ever occurred before—he is a sober husband—I am sober, and do not get into scrapes at public-houses—the origin of this was, we had a few words in the street, because I spoke to my mother—they have tried to part us several times.
JAMES TUCK . I occupy the same room as the prisoner and his wife—on 15th February, I was at home at about 4 o'clock, when they came in—they were wrangling, and that continued for some time, when all at once he laid hold of her by her clothes, and pulled her down—I did not think he meant anything serious until I saw blood coming from her throat—I called to the neighbours to go for a constable—they said they could not, and I told them to remain there while I went for one—I went as quickly as I could, and brought one—the prisoner did not seem to be worse for liquor than usual—I have always seen him before in sober circumstances—I picked up the knife, and as soon as I did so he said, "That's my knife; that's what I done it with"—this is the knife (produced).
COURT. Q. How long have you lived with them in the same room? A. Ten days—they seemed to have a few wrangling words at times—he seemed while I was there, to be working pretty much at his trade in a regular way.
GEORGE B. PHILLIPS . I am a surgeon—I examined the prosecutrix—she had two slight incised wounds, one underneath the chin, the other on the throat; also a punctured wound on the ball of the thumb—none of them were dangerous—this knife, I should think, would cause them.
Prisoner's Defence. The cause of the quarrel was this: I gave her some money to go and get dinner with, and instead of doing so, she went with her mother to a public-house and spent the money in drink. She came to me then, and told me she had got the dinner ready; I went home expecting to have it, and found none. We began quarrelling, and my seat got knocked over with the tools; I did not pull her down; I had the knife in my hand, and had not the least idea of doing it. Twelve months today, our child died; it was two years and eight months old, and I had to carry it backwards
and forwards to my work, four miles every day, before we came up to London; then my wife went away with a shopmate of mine, a woodenlegged man, and went to live with him—after that she went to live with another man; then she went to live with the witness Tuck. I happened to meet her, and she promised to go on better, and came down into the country to live with me again, and went on very well till Christmas, when she came up again.
GUILTY of unlawfully wounding. Recommended to mercy by the Jury and prosecutrix. — Confined Eight Months .
MR. HARRIS conducted the Prosecution.
EDWARD THURSTON (Policeman, K 171). On Thursday morning, 1st February, I was on duty at Green-street, Bethnal-green, and heard the smashing of window-glass—I saw the prisoner running away, ran after him, and caught him—he said, "Hallo, what's up! I've done nothing," and tried hard to get away—another constable came up, and we took him back to the place from which I had seen him running away, which was Mr. Spiegelhalter's shop—I then called up the prosecutor, and asked him if he had lost anything—the shutters were down, and the windows broken, and the prisoner's hands were bleeding—the prosecutor said nothing had been taken away—I noticed watches handing inside the window—there was blood on the pavement opposite where the window was broken—the other constable inspected the inside of the shop, while I retained my hold of the prisoner—I afterwards took him to the station.
HENRY HUGHES (Policeman, K 30). About twenty minutes to 2 o'clock on the morning of 1st February, I saw the shutters down at 4, Green-street, Bethnal-green—I saw the prisoner run away, and Thurston after him—when he was taken, he struggled very hard to get away—we took him back to the house, and called up the occupier to examine the premises—we found a square of glass broken—the prisoner's hand was very much cut and several drops of blood were about—there were watches in the window, brooches, earrings, and so on.
HENRY BAKER . I am a contractor of 37, James-street, Green-street, Bethnal-green—between 1 and 2 o'clock, I was passing through Green-street on my way home, and saw the prisoner pulling the shutters down at the watchmaker's shop.
GEORCE SPIEGELHALTER . I am a watchmaker, of 4, Green-street, Bethnalgreen—on the night of 31st January I fastened up my premises about ten minutes after 10—I was awakened in the night by the police, came down stairs, and found four of my shop shutters pulled down, and one square of glass broken—it was not broken before I went to bed—nothing was taken.
Prisoner's Defence. I was going home at about a quarter to 1, and heard there was a fire; I went to see what it was, and when I got there I was pushed about by some men; just as I got round a corner, a man knocked me in the eye, and as I was running, the policeman took me; they took me three weeks before for fighting, and I was fined 20s.; I thought it was on account of that that the policeman came after me.
Prisoner. I had been fighting in between that, and got a black eye.
Witness. You had a black eye—you had the doctor to dress your hand.
GUILTY . He was further charged with having been convicted at Clerkenwell on 4th March, 1861, in the name of William Johnson, to which he
PLEADED GUILTY.**— Seven Years' Penal Servitude .
301. WILLIAM CARR (21) , Breaking and entering the dwelling, house of William Charles Ran, at St. George's Hanover-square, and stealing therein 1 tiara of diamonds, value 500l. the property of Douglas de Cave.
MR. COOPER conducted the Prosecution, and MR. STARLING the Defence.
WILLIAM CHARLES RANN . I am in the employ of Mr. Douglas de Cave, 127, Mount-street, a jeweller—on the evening of 9th February, I was in the shop, about 6 o'clock, and heard the smashing of glass, and saw something come through the window—I rushed to the door, but could not open it, and I thought somebody must be holding it—afterwards I found it was tied with this piece of rope (produced)—I saw the prisoner running away from the window, which has a small railing in front—when I got out I called, "Stop thief!" and the prisoner was brought back to the shop—I assisted in bringing him back—I missed a diamond tiara from the window, value 500l.—It consisted mainly of three pieces, one fell down the area, and two were lost.
Cross-examined. Q. At what time was it? A. About five minutes to 6—the railings in front of the window are not high—I was about a minute in getting out into the street.
HUGH COLLINS SMITH . I live at 27, Park-street—I heard cries of "Stop thief!" and saw the prisoner running—I caught hold of him, but he swung himself round from me—on looking at the hand with which I caught his hand, I found it covered with blood—he afterwards told me it must have been my umbrella, but that could not have been so, because it was in my other hand all the time.
WILLIAM JONES (Policeman, C 71). I took the prisoner—on the way to the station he told me that he was hard up, and that was the reason he did it—he said he had no regular home, but was lodging at coffee-shops—first one and then another, and got his living by singing in the streets—I said nothing to induce him to say that.
GUILTY. — Judgment Respited.
MR. CRAUFURD conducted the Prosecution and MR. STARLING the Defence.
EDWARD GREVES . I live at 8, West-street, St. Martin's-lane, and am a licensed victualler—the prisoner came about three months ago and asked for half a quartern of gin—she gave me half a crown—my son was just coming down stairs at the other end of the bar, and he cautioned me to look at it—I went to the till, and found it was bad—the prisoner had gone out immediately, and I put it aside, and afterwards gave it to Constable, 185 C—on Saturday, 20th January, the prisoner came in again, and I recognised her at once—my son served her with a half-quartern of gin, for which she tendered another bad half-crown—I went out for a policeman, and on my return charged the prisoner with uttering a bad half-crown—my
son handed the coin to the policeman—I told the prisoner we had observed her before, and were on the look out for her.
Cross-examined. Q. What did she do with the gin? A. She drank it, and the first time, as soon as she got her change, she went away.
WILLIAM MORTLOCK . I am barman to Mr. Greaves—about three weeks before the prisoner was given in custody, she came to the bar, and was served by me with a half-quartern of gin—she gave me a florin—I tried it found it was bad, and gave it back to her—she paid me for the gin with a good sixpence—I should not call her a customer of the house, for she only came in occasionally, and not very often.
Cross-examined. Q. Were there any customers in the bar when she passed that florin? A. Yes—I did not ask any of them to stop her, or go for a policeman—she came to the house occasionally—I have been in my situation for three months—I had been warned against her, and the moment she came in, I recollected her, yet I gave her back her bad florin and let her go.
THOMAS GREAVES . I am Edward Greaves' son—the prisoner first came to our place about seven or eight months ago for a half-quartern of gin—she gave me a bad half-crown—I tried it found it would bend easily, and returned it to her—she then paid me in good money, and I allowed her go—the next time I saw her was about five months after that—I recollected her directly—my father served her, and when she went out I told him to look at the money—he went to the till and took out a half-crown, which he said she had given him, and which was bad—on Saturday, 20th January, she came again at about 9 o'clock—I served her with twopennyworth of gin, for which she gave me a bad half-crown—I spoke to my father, and he went for a constable, and gave her in charge.
Cross-examined. Q. Did the prisoner attempt to leave, while the constable was being fetched? A. No—she has occasionally been a customer at our house, but only with the intention of passing bad money—when she came the second time, and was served by my father, although I knew her to the person who had been to the house before, and tendered bad money I let her go without attempting to stop her—I was busy, and she was just going out at the door.
COURT. Q. Having recognized her as the person passing a bad half-crown, did you allow her to go away? A. I did—she came very rarely—I had not seen her between the first and second time, or the second and third time—of course I was sometimes away from the bar.
CHARLES MONITOR (Policeman, C 185). I was called to Mr. Greaves house on 20th January, and took the prisoner into custody on the charge of passing a counterfeit half-crown, about 9 o'clock in the evening—she was also charged with passing a counterfeit half-crown at the same house previously—the two half. crowns (produced) were handed to me by the prosecutor—the prisoner said it was cruel of them to lock her up, because she had been a customer, and there was no doubt she should get off—at the station she gave up a good half-crown and two halfpence, voluntarily—she was searched, but nothing else was found upon her—she gave her name Ellen Francis, 24, Newton-street, Holborn, when she was at the station, but before the Magistrate she stated her name to be Ann Allen, and refused to give her address.
GUILTY .— Confined Twelve Months .
MR. PLATT conducted the Prosecution.
THOMAS REARDEN . I am an engine-driver, of 127, Great Saffron-hill—on Saturday night, 17th February, I was coming from the Havelock Music Hall, into Fox-court, near Brook-street, Holborn, when I was seized by three men, two at my side and one at my back, the latter holding his hands over my mouth—it was the prisoner who did that, and it was done to prevent my speaking—I was pulled to the ground, and one of the men put his hand into my pocket, and took out three half-crowns which were loose—two of them then ran away, while the prisoner, who had been holding his hands over my mouth, continued to hold me, so that they might escape—he afterwards let go and ran away, and I had a good opportunity then of seeing him—I called "Stop thief!" and never lost sight of him till the policeman took him—I was sober, and knew what I was about
THOMAS ADAMS (City-policeman, 9). I was in Holborn. about half-past 12 o'clock on Saturday night, 17th of February, and heard a cry of "Stop thief!"—I ran down to the spot from which the voice proceeded, and saw the prosecutor on the ground, and the prisoner running away—he was only a yard or two away—he was commencing to run—I followed and took him, having never lost sight of him—he only went about thirty or forty yards before I caught him—I took him back to the prosecutor, who said, "That's the man who held me down, while the others took the money out of my pocket"—his pocket was turned inside out, and he was standing up then—I did not know what the prisoner had done till I brought him back, so I said, "You must come back with me"—the prosecutor said, "That is the man that held me down"—I said, "I shall take you into custody"—he said, "I was only going to assist the man home; I did not know it was a policeman running after me, or I should not have run away"—I found 4s. 2½d. upon him—a half-crown, a shilling, and the rest in coppers—the prosecutor was quite sober enough to know what he was about, but he had had something to drink—there were no other persons near him but the prisoner when I first came up—he was the only man running away—on the way to the station, he tried very much to get his right hand into his left-hand pocket, where the money was found—there was a scratch on the prosecutor's eye.
GUILTY .— Five Years Penal Servitude .
MR. SLEIGH conducted the Prosecution.
JOHN HOPKINS . I am managing clerk to Ebenezer Howard, of Leadenhall-market—upon the morning of 18th December, a man came there, and ordered game and poultry to the amount of 18l. or so—it was not the prisoner—in the evening the prisoner came and said he had called for the goods, which had been ordered by the gentleman in the morning, who, he said, was the principal clerk of Messrs. Brown and Sons, and that he had a horse and cart in Gracechurch-street waiting for the goods—there were no porters in the market, so two of our own men took them down to the cart—I asked him to give me Messrs. Brown and Sons address, and he said, "10, Princes-street, Cavendish-square," which I wrote on the back of a cheque for 20l. which he handed me—I gave him 2l. change—in the ordinary course of business, the cheque was paid into the bankers, and came back again, or was brought back—I have since been to 10, Princes-street, Cavendish-square,
but could learn nothing there about the prisoner, or Brown and Sons—there were no such people there—there is another Princes-street in Hanoversquare, to which I went, and I there found a firm of Brown and Sons, who denied all knowledge of the cheque.
Prisoner. Q. Did you inquire of Brown and Sons, whether I was known there, describing me, or the person who called in the morning? A. No—I merely asked if they knew anything about the cheque, that is all.
OLIVIA MARGARET GRIFFITHS . I am a widow, and keep the Globe public-house, in Marylebone-road—about 6th January, the prisoner came to my house—I had known him previously as a casual customer—he asked me to change this cheque for him (produced) which I did—I paid it to my brewers, and after some days it was brought back to me.
STEPHEN CUTLER . I am chief clerk at the London and County Bank, Knightsbridge branch—in the year 1562, Messrs. Bacon and Green kept an account for a short time with us, and there was, of course, a cheque-book issued to them—the two cheques now produced came out of that cheque-book—the account was only kept with us seven or eight months—no such persons as those represented by the signatures of "Brown" and "Fleet-wood," kept an account with us—I know nothing about them at all—the cheques were presented to us in the ordinary course, and returned by us in the usual way—we have had other cheques from the same book presented to us—perhaps twenty at different times during the last six or eight months—those were all forgeries.
ELLEN WALKER . I am a widow, and keep the Queen's Head, High-street, Marylebone—I know the prisoner as an occasional customer—on Saturday, 6th January, he came about 8 o'clock in the evening, and asked me to change this cheque (produced) for him—I refused at first, but he pressed me, and stated that he had just received it for his month's salary—I then gave him the money, and on the 9th I paid the cheque in to my brewer's account at the bank—subsequently it was returned to me.
MORRIS SHEARING . I am clerk in the London and Westminster Bank, Temple Bar branch—no such person as "T. Marshall," (whose signature is attached to this cheque for 7l. 12s. referred to by the last witness), keeps an account with us—it was presented, and refused on the ground that the drawer had no account at the bank.
HENRY BALDWIN (Policeman, D 159). I apprehended the prisoner on 15th January, on a warrant which I had obtained the same day—I read it—it charged, "That he unlawfully, by means of a false pretence, obtained from Ellen Walker the sum of 7l. 12s."—he said, "I am very sorry for it"
Prisoner's Defence. I received the cheques from another man, and did not know they were forgeries.
GUILTY .—He was further charged with having been before convicted in January, 1858; to which he PLEADED GUILTY.— Fifteen years' Penal Servitude .
MR. COOPER conducted the Prosecution.
MORRIS MYERS . I am a plumber and glazier, of Bristol, lodging at 34, Castle-place, Whitechapel—on Saturday night, 17th February, I was walking with my wife at the corner of Tenter-street, Little Moorfields, and with two friends, one of whom was named Cohen—I had a silver watch in my waistcoat
pocket, attached to a gold Albert chain, and locket fastened to the button of my waistcoat—Bond came in front of me, and caught hold of my watch and ran away, while Horrigan tried to knock me down, and then ran away—I ran after him, but he turned upon me a second time, and knocked me down—when I got up the two were gone away, and I could not find them—I then went to the police-station, and gave information of the robbery, and a description of the men—about 1 o'clock, on the 20th, I was in Milton-street, and saw Horrigan go into a coffee-house: about 5 o'clock the same day, I was with Cohen, and saw Horrigan again go into the coffee-shop—I got a policeman and went into the place, but we could not find him there—the constable told me to go home, and he would find him—on the 21st I was sent for to Moor-lane Station—seven or eight men were shown to me, and I was told to pick out the two who had robbed me—I picked out the prisoners—I am quite sure Bond is the man who took my watch, and Horrigan is the man who stopped me, and knocked me down—there was a good deal of light where the robbery took place, as we were very near the station.
Horrigan. Q. Did not you tell the Magistrate that you saw me in a public-house, between 12 and 1 on the Tuesday? A. I saw you in a public-house. and then go into a coffee-shop—Bond was in the same public-house—there were a good many more there.
Bond. Q. Was your wife with you? A. Yes; I did not see you go into the coffee-shop with Horrigan—you were left in the public house—the next time you saw me was at Moor-lane station-house—you wore different clothes then.
JACOB COHEN . I am a commission-agent, of Goodman's-fields, and was with Myers in Tenter-street, and saw Bond catch hold of his chain, and run away—Myers ran after him, and I saw the big man try to knock him down—I am quite sure the prisoners are the men—I was with Myers on the 21st, and saw the prisoners together in a public house—Horrigan came out, and went into a coffee-shop in Milton-street, and then we went to the station for a policeman—we could not find one for half an hour, and when he did come we could not find Horrigan, though we went into both the public house and the coffee shop and searched—after that I went to a place where the prisoners were shown me with other men, and picked them out at once—I am quite sure they are the men.
Horrigan. Q. Did I knock your friend down? A. You did—there was another man with me, but he could not run after you, because he had a very heavy carpet-bag with him—it was about ten minutes past 12—when I saw you on Tuesday at the public house, it was about 5 o'clock—you were with a lot more, and Bond was drinking in a room there.
Bond. Q. When as you say, I took the watch, did you run after me? A. Yes—I did not say I was walking five yards ahead of the prosecutor when I saw the watch taken, I was standing still at the moment—I only saw you three times altogether, once when you took the watch, next when you were in the public house, and the third time in the police-station.
JOSEPH WILLIAM FORK (City-detective). About half-past 9, on Wednesday morning, 21st, from the description I received from Myers, I went with another constable, to 91, Milton-street, which was kept then as a coffee-shop—I saw Horrigan on the second floor, in bed with another young man—I told him I should take him in custody for being concerned, with others, in stealing a watch from a gentleman in Little Moorfields, on the previous Saturday night—he made no reply—I then went into an adjoining room,
and found Bond—I told him I should take him into custody for stealing a watch—I searched him, and found upon him 4s. and four duplicates.
Horrigan. Q. Did you not see me on the Saturday and Monday; no lies, now, Mr. Fork; you squared me away wrongfully? A. I can positively say I did not see you—I was on the look out for you—I did not tell your brother I would get you away the first opportunity possible—I never made use of any such remarks to any person—I do not know a man named Tacker.
Bond. Q. What description did the man give of me? A. You were described as a carrotty chap, with a full face, and no hair on it—I do not know any person answering to that description so well as you.
MR. COOPER. Q. Have you had your eye on these men some considerable time? A. Yes.
WILLIAM HILLS (City-policeman, 150). I was with Fork, and assisted him in taking the prisoners into custody, and conveying them to the station-house—I searched Horrigan, and found on him 1s. 9d.—on the following morning the prisoners were placed in the yard, with seven other men, and Myers and Cohen were called in—they picked out the prisoners at once.
Horrigan. Q. Did not you see me on the Saturday night? A. Yes, but I do not think I did on the Monday; oh, yes, on the Monday I did see you, but I had not received information of the robbery—or, at all events, I had not the description of the man who had committed it—I brought in more than five men to the yard when the prosecutor came to pick out the men who had robbed him—there were nine altogether—I went out in the street and got them, because you should not be along with our men—I do not know Edward Tacker by name—I do not know a carrotty man by that name.
Bond's Defence. The prosecutor described our clothing as black; there was not one of the men called into the yard with black on, but us; they were costermongers; so that we had not a fair chance at all; I have been taken for another man.
Horrigan's Defence. I was in a public house at the time the prosecutor told the Magistrate he lost his watch; from 10 o'clock to a quarter to 12, and he says he saw Bond in my company at the public house on the Tuesday, which is false; I had to go into the coffee-shop, for I had been looking after it six or eight weeks.
HORRIGAN— GUILTY .**— Seven years' Penal Servitude. BOND— GUILTY .†— Confined Two Years .
OLD COURT.—Thursday, March 1st, 1866.
Before Mr. Baron Bramwell.
MR. DALEY conducted the Prosecution, and MR. LILLEY the Defence.
HELEN HERON . I am the wife of James Heron, a cooper, living at Brentford—on 12th January, I was in a room occupied by the prisoner and his wife, the deceased—I live in the house, and went to get Mrs. Pepper a pint of beer—I was making the bed, and the prisoner was muttering a few words—he was tipsy, and I did not understand him, but he halloaed out as loud as anybody could hear that he would pull her off the chair—she screamed out—I turned round, and she was on the floor—they were both
sitting by the fire before that—she was in a chair—she screamed out, "He has pulled me off the chair, and kicked me"—I called the lodgers to assist me—I had to go down to my baby, who was crying, and an hour afterwards I helped to put the deceased on the bed—she died a week afterwards—I saw her about five minutes after she died.
Cross-examined. Q. Did you see the old man do anything to her? A. No, because my back was turned—it is a middling sized room: rooms are larger in the country than they are here—the prisoner and his wife slept and lived there—I have known them since the beginning of last summer—the prisoner was tipsy—he was tipsy two or three days a week—every day he had work, he would get tipsy—he is a waterman and lighterman—I was accustomed to go in and make the bed of my own free will when I had time—I did not go into the room much when he was there, but enough to say that he was quiet when sober—his wife had been ailing sixteen months—she could not walk across the room without a stick—I do not know that her legs were deformed, but she could not use them much—she complained of her heart and her back—she was not very irritable or disposed to be cross and angry; quite the other way—I never knew her to be cross with me, but I have with her husband when he was tipsy—I never heard her scream before—she used to move with a stick.
COURT. Q. Do you say that she told you she had been ill sixteen months? A. Yes—I never saw her walk across the room without a stick, and she told me it was through her back and her heart—she did not tell me that it was through any violence done to her.
JANE BOLING . I am the wife of Frederick Boling—the prisoner and his wife lodged with us—about 8 o'clock on the evening of 12th January, I heard a cry of "Murder!" from the top of my house, the prisoner's room—I went there, and saw Mrs. Pepper lying on the floor—she said, "I know I shall die; the old brute has killed me and knocked me out of the chair—the prisoner was sitting by the side of the fire—he said nothing.
Cross-examined. Q. Was he drunk? A. He was in liquor—what she said was, "The brute has knocked me out of the chair" and that she knew she should die—I am the landlady of the house; my husband rents it—we sit at the bottom of the house—the prisoner and his wife have lived there twelve months next Good Friday—they quarrelled sometimes.
WILLIAM BISSELL . I am a cordwainer, and live in the same house—on 12th January, I heard screams, went to the room, and saw Mrs. Pepper lying on the floor—I assisted in putting her on a chair—she said to her husband, "You old brute, you have knocked me out of the chair"—he said he had not—she said, "Oh dear, whatever shall I do? I shall die"—he said, "Die if you wish to die; nobody will care for you."
Cross-examined. Q. Was it not, "Nobody will fret for you?" A. Yes, or something similar—she asked him to fetch a doctor—he inquired what doctor she would like, and he went for one.
Cross-examined. Q. Do you know an old bruise from a new one? A. Yes, and an old sore from a new one—she died on the 21st, and I laid her out the same day—I should not think it was exactly a new sore on her back not done just lately—her legs were very much swoollen—I have known the prisoner and his wife for a year, but had not much acquaintance with them—I did not visit them.
COURT. Q. Where were the bruises? A. She was bruised all over her legs, from her hips to her ancles, and very much swoollen, back and front of her legs.
JOSEPH WILLIAMS . I am a surgeon, of New Brentford—I saw the deceased on 13th January—she was suffering from fracture of both thighs, just above the knees—she died on 21st January—she had been an invalid for a long while, suffering from general infirmity—she was deformed in her back and her collar-bone—a fall from a chair may have caused those fractures—there was a bruise on the outer side of one thigh—I am of opinion that the breaking of her thighs shortened her life—she had disease of the heart, which I attended her for—she died from exhaustion from the injuries that happened to her occurring in an enfeebled subject—her age was between fifty and sixty.
Cross-examined. Q. Was the disease of the heart such as she might have died of at any instant? A. She might, but she did not die suddenly—it was her thighs which were broken, not her legs—I saw her legs and thighs when I set them—that was the day after the fracture—I do not think that would have any influence, looking at the fact that she died from exhaustion—it is the practice of some surgeons to leave fractures unset for a few days—a fall from a chair in such a subject would be likely to produce the fracture I saw—I did not see the chair—I had not visited her for several months, and then I attended her for about a week—I had never seen her walk—I had seen her legs when I attended her some months before—they were so reduced in strength and in size, that they would be more readily broken than the legs of a person in good health, or a younger person.
The prisoner's statement before the Magistrate: "I have nothing more to say but what has been represented. I might have accidentally put my hand against the chair and against her. I have no knowledge of it"
COURT to HELEN HERON. Q. Had they any family? A. Not to my knowledge—I heard her say that he had pulled her off the chair and kicked her—Mr. Bissell was not in the room when she said that; I was the only one—I was not present when she spoke to him—I did not hear the prisoner say anything to her when she said he had knocked her off the chair and kicked her.
WILLIAM HUGHES . I am the Coroner's officer—I did not bring the papers with me, and do not know when the Inquest began—it was adjourned for a week—the body was not buried when we first met—it was buried on the finding of the Coroner's verdict. (The Coroner's depositions were dated January 26th and 31st) NOT GUILTY .
NEW COURT.—Thursday, March 1st, 1866.
Before Mr. Common Serjeant
MR. LANGFORD conducted the Prosecution, and MR. HARRIS the Defence.
CHARLOTTE MUIR . I live at No. 11, Ashlan-street, Limehouse—on 26th January, about half-past 11 in the morning, I was in Fenchurch-street—I had a pocket in my dress, containing a purse and a pocket-handkerchief—
the purse contained a sixpence and some halfpence—Brown got in front of me, and Richardson put his hand in my pocket—some gentleman struck him, and I then saw him take his hand out of my pocket—Brown was in front, and prevented me passing—both prisoners ran away—a constable came up.
Cross-examined. Q. Were there not a great many people there? A. Yes—I was not asked whether I had a purse when I was before the Magistrate the first time—my purse was not taken from me, nor anything else.
WILLIAM HALLETT (City-policeman, 606). I was in Fenchurch-street about half-past 11 on the morning of 26th January, with a constable named Green—we had been watching the two prisoners and another man, and saw Richardson get by the side of the last witness, Brown just in front, and another man not in custody was behind—a gentleman struck Richardson on the shoulder, and he ran across the road into the arms of Green—I took Brown—we had a very violent struggle—he knocked me down, and my hip was bruised.
Cross-examined. Q. Were you in plain clothes? A. Yes; but I told him I was an officer as soon as I put my hand on him.
WILLIAM GREEN (City-policeman, 230). I was in Feuchurch-street with Hallett—we were watching the prisoners and another man not in custody—I saw Richardson go up to the lady's side; Brown, who was in front, stopped her, and Richardson put his hand into her pocket—some one struck him on the back, and he ran away.
GUILTY .**— Confined Nine Months each .
GUILTY .— Confined Eighteen Months .
RICHARD HALL . I am clerk to Messrs, Pritchard and Callett, the attorneys in this case—I remember the case of Pittendriegh v. Tiger at the Sittings after Trinity Term at Guildhall last year—I was also present at the Reference which was held at the Law Institution before Mr. Wills—I heard the prisoner's evidence there—she said that this libel was not written by Mrs. Tiger, but was written by her, and that she gave it to one of her daughters to post.
Cross-examined. Q. When were Messrs. Pritchard and Callett engaged for Mrs. Pittendriegh? A. I think about the middle of April, 1865—the libel was sent to Mr. Hunt in 1862—I have seen the pamphlet published, called the "Apprehension of a British Subject"—I have read part of it
MR. LEWIS here stated that he would consent to a verdict of GUILTY .— confined One Month .
THIRD COURT.—Thursday, March 1st, 1866.
Before Robert Malcolm Kerr, Esq.
MR. HORRY conducted the Prosecution.
ROBERT WILLIAM JACKSON . I am a seaman, living at Hamilton-terrace, Bayswater—on 5th February, about half-past 12 in the day, I was at the temporary bridge, Biackfriars, and had in my pocket this pocket-book, (produced); which contained my seaman's certificate of discharge, a sovereign, and a half-sovereign—in consequence of what a person named Mortleman told me, I and a friend who was with me went after the prisoner, and, accused him of taking the pocket-book—he said he had not got it, but could point out the party who took it from me, if we would go with him, or something to that effect—we did not believe him—he begged us to let him off, but we gave him in charge, and the book was found.
JAMES MOKTLEMAN . I am a commercial traveller, of 12, Spa-terrace, Bermondsey—about half-past 12 on 5th February, I was on the temporary bridge, Blackfriars—I saw the prisoner go up to the prosecutor, and put his hand into his left-hand pocket, and take out this pocket-book—I immediately told the prosecutor what I had seen—he said, "Yes, I have lost a pocket-book"—I pointed out the prisoner as the man who had taken it—he denied having it—I said, "I am sure he has not parted with it to anyone, he has got it still"—he then put his hand in his left-hand inside pocket, and produced it.
Prisoner. I have got no inside pocket in my coat at all.
Prisoner's Defence. I was going over the bridge to Pontifex's in Shoelane, when these people accused me of picking the prosecutor's pocket.
GUILTY .—He was further charged with a former conviction at this Court on 10th April, 1865.
GUILTY,— Seven Years' Penal Servitude .
MR. STRAIGHT conducted the Prosecution.
GEORGIANA HOMEWOOD . I live at 3, Barrow-field-lane, Edmonton—on Saturday night, 28th January, I was very drunk, and do not recollect what took place between me and the prisoner—when I became sober, in the morning, I found that I had a wound on my neck.
WILLIAM EMERY . I am a shoemaker of 3. Barrow-field-land—on Saturday night, 25th January, it was nearly one o'clock when I got home—Georgiana Homewood was in the room, very drunk—the prisoner knocked at the door, and wanted to come in to light a candle—I shut the door while I got a light, but he forced his way in, and went up to the prosecutrix, and spoke to her—I tried to put him out, and succeeded—he came in a second time, and I heard him say, "Are you coming?"—she said, "No"—he then struck her, as I thought with his fist, but when I lifted her up, I found she was bleeding—I did not see any knife until the policeman showed me one—I had previously called in an officer and told him to put Norriss out, because he made a disturbance—the officer afterwards sent for a doctor.
GEORGE PARSONS (Policeman, Y 187), I was on duty on the night of 28th January, at Edmonton-green, close to Barrow-field-lane, about fifty yards from the house in question—I heard Emery cry "Police" twice—I ran to
the house, and found him standing at the door of No. 3—he said, "Norriss has forced his way into my house, and I want him turned out—I saw the prosecutrix sitting on a chair at the right-hand side of the fire-place, and the prisoner in a stooping position, speaking to her—the front door opened into the room, there being no passage—I heard the prisoner ask her whether she was coming along with him—she made some reply which I did not hear—she was very drunk—he then struck her—I went in with the intention of putting him out, and as I was coming up to him he struck her—she fell on the floor, and I saw blood issuing from her throat—I did not at that time see any knife in the prisoner's hand, but when I took hold of him, I saw he had a knife—it was open, and he shut it and put it in his pocket—I took him out of the house, and he dropped the knife out of his pocket—I picked it up, and he said, "I hope I have done for her; if she won't live with me, she shan't live with anybody else."—he said, "Take me, hang me, do what you like with me"—he had been drinking, but was not drunk—he was very violent in going to the station, and laid down on the ground—there was blood on the small blade when I saw it.
JOHN JOSEPH O'BRIEN , M.R.C.S. I live at Edmonton—on Sunday, 29th January, at 1 o'clock in the morning, I went to see the prosecutrix—she was lying on the floor drunk, with a slight wound in her neck—it was of a very trifling character, only it was in a most dangerous position—if it had been a little deeper, it would have opened into the wind-pipe, and if it had been on either side, it would have cut into the main artery—she was under my care for a few days—when I first went in, I asked if there was any knife, and, when I saw it I remarked to the constable that there was a little blood on it—it is my opinion that that was the knife with which the wound was inflicted.
GUILTY of Unlawfully Wounding .— Confined Twelve Months .
COURT. It is a good thing for you, prisoner, that the knife did not take away that young woman's life. Prisoner. It would have been a good job if it had.
MR. PLATT conducted the Prosecution, and MR. LILLEY the Defence.
SAMUEL NOBLE (Detective-officer). I was on duty on 6th February, in Parliament-street—there was a great crowd there, and I saw the prisoner and three other men pushing the people about—just close to Richmondmews, I saw the tallest of the four put his arm on an old gentleman's shoulder, and bend him down while the prisoner took away his watch—I caught hold of the prisoner, and took the watch out of his hand, but one of his companions struck me, and took away the watch—I endeavoured to follow the men—I was stopped by the crowd, but I never lost sight of the prisoner till I took him into custody.
Cross-examined. Q. Was this the day when the Queen was going to open Parliament? A. Yes, and there was a very dense crowd there—there were many persons passing to and fro, endeavouring to get forward or backward—I was as close to the prisoner as I am now to my Lord's desk—I followed the three men up and down when they were pushing the people about—sometimes I was close to them, and sometimes there were one or two people between us—I was in plain clothes—as the procession passed down Parliament-street, the people followed it, and it was just then that the robbery took place—the moment the prisoner took the watch I caught him
by the collar—I was standing by his side at the time—it was a silver watch—he only run about two or three yards—the person who stopped him is not here, because he was not required.
HENRY ROBERTS . I live at 43, Southampton-street, Camberwell, and am a general agent—I was in Parliament-street on 6th February, looking at the procession, which was then passing—I felt myself pressed against by some person—I was most cruelly treated—I was pressed at the first onset, on my left shoulder—my eyes were intent upon the beauty of the horses, and I thought the man that pressed me upon my left shoulder was particularly hungry to see the sight, never dreaming that I was in a gang of pick-pockets—I was very much shaken in my nerves, and ought to have been under the care of a doctor—I was suffering for a week after—I had two pressings—the last was a very severe one, and I was twisted over a large form—I was so confused that I did not know what I was about—when I recovered, I missed my silver watch, a peculiar one, which had a musical tick—I would not take 5l. for it—this is the little ring that it was taken off—it was most ingeniously done, and the prisoner has condemned himself, because when I went to the station, he said he did not get it, but his friend had got it—then, I say, let his friend give it up.
Cross-examined. Q. Did you say that, in your examination before the Magistrate? A. I said that which was right—it is all down on paper—I said everything which was necessary—it is very likely I made that statement—I should not have withheld it for a moment.
COURT. Q. You don't recollect that? A. The deposition is all true, and faithful, and the Magistrate knows that it is so, and acted upon it; recollect, when you offend me, it is the Magistrate of Bow-street, not me, you are offending; you are speaking against the Magistrate, formerly, it was a hanging matter—I did not look at the watch shortly before it was stolen—I had forgotten it altogether—I had 16s. in my left-hand pocket—I kept my hand there, and never took it off—I never so much as looked round—the watch was in my pocket safe enough, I could swear to that—there was no crowd, and no interruption at all—there were no people hardly, until a man brought out a clumsy form, which was very quickly filled—I was last conscious of having the watch in my pocket just before I got to the Horse Guards—it was in my pocket when I went up to this place to stand, and there was next to no time lost in the procession coming along.
The Prisoner received a good character, but Robert Bricklayers (Policeman, M 167), stated that he was the companion of prostitutes and thieves
GUILTY .— Confined Twelve Months .
MR. STARLING conducted the Prosecution.
ANN MARIA DAVIS . I live at 12, Newcastle-court, Strand, and have known the prisoner about four years—on 6th February, about 5 o'clock in the afternoon, he sent for me to a public-house in St. Clements-lane—I treated him and his two friends, and went away—after that I met with them at another public-house in Holy well-street, and treated them again—I mean, I paid for what they had to drink—after stopping there about half an hour I bade them good night—the prisoner said I must go along with him—I said I could not stop, and bade him good night—I ran out of the public-house, and when I had got some little distance I saw him coming—I ran as far as Somerset House, when he ran up to me, and he said, "I'll
murder you!"—he struck me in the stomach with a penknife, which went right through my clothes, and made a slight wound—it was nothing to mention, because it had to go right through my clothes—I had on a silk dress, three petticoats, a flannel petticoat, besides stays and underclothing—some soldiers came up, and pushed the prisoner away, and he was afterwards taken into custody—he had been drinking a good deal—he caught me round the neck with the left arm, and struck me with his right.
HARRY PARKER (Police-inspector). I was going down Wellington-street, heard a cry of "Police!" ran down and I saw the prisoner turning into York-street—I went down the other way and met him—the woman came to the station, and told us what the prisoner had done—we gave her a light, and she undressed herself to see what had been done—she found a spot of blood on her underclothing—the prisoner had evidently been drinking.
The prisoner produced a written defence, stating that he did not do it intentionally, being in liquor at the time and begging for mercy.
NOT GUILTY .
THIRD COURT.—Saturday, March 3d, 1866.
Before Mr. Common Serjeant.
MR. MONTAGUE CHAMBERS , Q. C. (with whom was MR. LEWIS) offered the Prosecutor the fullest apology, and expressed his anxiety to set Mr. Sothern right in the public estimation in any way he might desire.
MR. SERJEANT BALDANTINE, for the Prosecution, accepted the apology.
Fined 50l. to the Queen , and to be imprisoned till the fine be paid.
Before Mr. Common Serjeant.
GUILTY .— Confined Four Months .
Before Robert Malcolm Kerr, Esq.
MR. METCALFE conducted the Prosecution, and MR. WOOD the Defence.
EDWARD HAWKINS . I am gate-keeper in the employment of the Great Eastern Railway, at the Blackwall level crossing, North Woolwich branch—about three minutes past 7 in the evening of 2d February, the prisoner came there with his dray—I opened the gate for him to go across the line—he drove on to the line, and then refused to drive off—he had a couple of horses, and was sitting on the dray—he remained there about ten minutes—I tried to persuade him to get off the line, but he would not—I got the assistance of a constable, and he led them off—directly the gate was shut, a train passed—it was a little over-due—at this part of the line there is a curve, and you cannot see a train until it is up to you—if the train had been exact to time, it must have come upon the horses—I asked him to
leave, and he said he would see me d—d first—I could not see whether he had been drinking.
Cross-examined. Q. Did you hear the prisoner say that one of the horses was a jibber? A. No—I sent for a policeman, and he came about four minutes afterwards.
MR. METCALFE. Q. Did he say anything about the horses? A. He said he did not care whether the lot got smashed up or not, as long as he got safe.
COURT. Q. Had you and he any disagreement? A. No—he asked me whether I would open the other gate, and I told him I could not.
THOMAS COLLINS (Policeman, R 74). On the evening of 2d February, I went to the crossing at Blackwall, and found a dray, with two horses standing in the middle of the railway—the prisoner and another man were sitting on the shafts—I said, "For goodness' sake get off the line, the train will come and smash you to pieces"—he said he did not care about smashing the dray or horses to pieces, so long as it did not hurt him—I led the horses off—I had no difficulty in getting them off—the train passed directly after.
Cross-examined. Q. Do you remember his saying to you, or in your presence, that the horse in the shaft was a jibber. A. No.
COURT. Q. Was the prisoner drunk? A. No—he had been drinking—I considered him capable of taking care of his horses.
NOT GUILTY .
Before Mr. Common Serjeant.
Before Robert Malcolm Kerr, Esq.
MR. STRAIGHT conducted the Prosecution.
WILLIAM MAY . I am a sailor, living at Canterbury—on 2d February I was at Woolwich, at the Duke on Horseback public-house—I had a young woman with me at the bar, drinking, and the prisoner was on my right side—after I had been there ten minutes or a quarter of an hour, I went into the parlour, without noticing whether the prisoner followed me or not—I had previously had in my pocket six shillings and two sixpences—I called for a quart of ale, and could not pay for it—I went out to the bar and said, "I can't pay for the ale, because I have lost my purse"—the young woman said, "That man has got it," and the landlord says, "Yes, I know he has, because I saw him with it"—I asked the prisoner if he had it—he said, "No"—I went for a policeman, and gave him in custody—the purse produced is the one I lost—there was a watch-key in it, as well as the money—I was sober.
Prisoner. Q. You said your purse was quite safe when you left the bar?
Witness. Yes, it was.
SUSANNA TAYLOR . I live at 8, Harding's-lane, Woolwich—on 2d February I was with the prosecutor at this public-house—there were three others standing at the bar with him—I did not see him take out his purse to pay for anything then, nor did I hear him order anything while I was there—he went into the parlour, and then I saw his purse in the prisoner's hand, and noticed him taking the money out, and putting it into his pocket—I told him it was the young man's purse—he said it was not—a police-man was then brought, and he was given in custody—I was sober.
JAMES GORDON . I keep the Duke on Horseback, at Woolwich—on 2d February May and the last witness were standing at the bar, about half-past 12—May ordered something, and it was drunk between him and the female—he paid for it out of a purse, which he took from his side-pocket—I heard the prisoner ask him to stand a drop of drink, and the sailor said he would not—after that, the prosecutor went into the parlour opposite the bar, and the prisoner followed him, returning in about four or five minutes—as the prisoner came back, I saw the purse in his hand—the prosecutor came out, and said he had lost his purse—he wanted the prisoner to give it up; but he said he had not got it—I said, "Why, I saw the purse in your hand; why don't you give it up to the man?"—I found the purse in the bar, afterwards, empty—a constable was sent for—the watch-key was found next morning—I never saw the prisoner before, to my knowledge—he did not try to go away, if he had, he would have been pushed back—there were not many persons in the part where he stood—there were some sailors on the other side of the box.
COURT to WILLIAM MAY. Q. You say there were 7s. in your purse; how do you know it? A. Because I put that money in my purse—I had had a glass of beer, but I was not drunk—there were six shillings and two six-pences—I had noticed that just as I was leaving the bar—I received 9s. that evening from my captain, and had only spent two—the robbery occurred about half-past 12—I went into the house about 12—it was the first public-house I went into—I did not notice the time when I picked up the young woman—it was when I was in the public-house—I was not there long before I began to drink with her.
COURT to JAMES GORDON. Q. Was the young woman in the public-house when the prosecutor came in? A. I could not be certain.
ROBERT MILLER (Policeman, R 114), I was on duty, and was called into the public-house—the prisoner was given into my custody—May said he had been robbed of 7s.—the prisoner said, "I have 4s. in my pocket, and I will give you that, if you will say no more about it"—I took him to the station, and, on searching him, found six shillings, two sixpences, and some coppers—the prosecutor had had a little to drink, but was not by any means drunk—the woman was quite sober.
NOT GUILTY .
MR. WILL conducted the Prosecution, and MR. HARRIS the Defence.
RICHARD GRANT . I am a ship-keeper in the service of the General Steam Navigation Company—on 16th February I had charge of the Sir Walter Raleigh, lying off Deptford, and I locked up the after-cabin—there was a coil of rope on the after part of the deck—the ship at that time was moored by the stern to a ring on the shore, by a rope about ten fathoms long—I went down in the fore-cabin about twenty minutes to 6, and while there I
heard the watchman's voice—I went on deck, and I saw one or two of the party running up the embankment—it was too dark to discern who they were—I think there were three altogether—I went round the deck, and found the end of a large rope hanging over the ship's side, which had been previously lying in the middle of the deck—I got a light and examined the other rope, and found it was cast off, so that the ship was unmoored, but it was on dry ground, the water not being up—there were two barges near the ship, and it was close to them that the end of the rope was.
HENRY FLEGG . I am watchman to the prosecutors at Deptford—on the 16th, I was on the watch, and at about a quarter past 5, I saw the prisoners on the wharf with two other men and a boy—I saw them through the crevice of a board in the yard where I was, and to satisfy myself I got up a ladder and looked over the top of the board, so that I might swear to them, as I had been on the look out for them before—I saw Kiliher go along a plank up to the side of the ship, and I concealed myself behind a pile a few yards off—in a minute or so I saw him came back, and after that, I saw the two tallest go into the ship—I saw the end of the big rope passed over to Roberts, and saw him pull it—the other two then went to the side of the ship where the mooring-rope was—they were in the act of cutting it when I went round to give the alarm to the smith—I went down to the water gate, and a small boy called out to me, "What's the matter, George?"—I then saw the tall ones jump from the ship on to the barge where Roberts was—the two taller ones ran along by the shore—I caught Roberts in my arms, took him to the watch-house, locked him up, and went to get assistance; but in the meantime, he managed to get away—one of the pieces of rope now produced is a part of the coil which was on the deck—the smaller one is part of the piece with which the ship was moored.
THOMAS CLARK . I am a smith in the service of the General Steam Navigation Company—on Friday the 16th, I was called from my shop by Leg—I saw three men running away—two got clear, and one concealed himself in a corner—that was Kiliher—I told him he had better give himself up—he picked up half a brick and said, "If you follow me, you shall have this on your head"—with that he walked away on the shore side.
JOSIAH TURNER (Policeman, R 237). I received a description of the three men, and proceeded to the Prince Arthur public-house—Bellingham was standing near the tap-room door—he said, "Oh, there you are!" and I said, "Yes"—I had not said anything before he said that—he said, "Let me have a drink before you take me away," and with that be took up a quart pot and drank—he then turned to the other two who were sitting at the table and said, "It is no use, we shall have to go; we may as well go quietly"—I called another constable, and we took them to the station, placed them with some others in the yard, and called the watchman in to pick out the prisoners—I then took them into the charge room, and told them I should charge them with attempting to steal a quantity of rope from one of the vessels belonging to the General Steam Navigation Company on the night before—they all three answered, "If you are going to lock us up, you must lock up Fashion, for he was the ringleader of it"—I took that man, but he could not be identified.
GUILTY .— confined Two years .
ROBERTS— GUILTY .**— seven years' penal servitude .
Before Robert Malcolm Kerr, Esq.
322. GEORGE MORRISON** (29) , to breaking and entering the dwelling-house of David Smith, and stealing therein, 4 coats, 3 pairs of trousers, and other articles, value 11l. 11s. 6d. his property; and 1 broach, and 1 pair of earrings, the property of Willliam Hackett Shaw; also to feloniously wounding Edwin Farmer with intent to resist his lawful apprehension, having been before convicted.— Ten Years' Penal Servitude. [Pleaded guilty: See original trial image.]
JOHN GEORGE . I live at 4, Ely-place, and am a carpenter in the employ of Mr. Robinson, builder—I was engaged at Westwood-park, Forest-hill, Lewisham, Kent—on 12th February, and left some tools locked up in a box at half-past 5; also 24 locks, 8 sets of china knobs and fingerplates, 2 latches, 2 dozen fastenings, 20 bell-pulls, and 4 brass taps, the property of Mr. Robinson—there were four planes of my own, one saw, a spike, bit, and basket—when I came next day, the box had been broken open, and they were gone—I saw a portion of them afterwards in Inspector Brannan's possession.
WILLIAM BASSETT . I live at 5, Ragland-street, Forest-hill, and am a carpenter—on this night I left locked up in one of the rooms, a spoke shave, four planes, six chisels, one hammer, one set of plought irons, two gimlets, one bradawl, three squares, one bevel, one rule and mortice guage, and a basket—I saw some of these afterwards in Inspector Brannan's possession.
FREDERICK BASSETT . I am a carpenter, and live in the same house as Bassett—I left some tools on the same occasion, not locked up, but put underneath the stairs—amongst other things, there were seven saws, eight chisels, three gauges, four bradawls, one plane, three gimlets, three squares, and a basket—they were all gone next morning—I value them at 30s. or 33s.—I next saw them at the police-court
HARRY PARKER (Police-inspector). From information which I received, I went to 3, Newton-street, Holborn, kept by the prisoners as a marine storedealers—William Sharp was out, but I found Clara there, and said to her, "Have you got any tools?"—she said, "No, I have not"—I asked her again, and she gave the same answer—I went upstairs, and found on the bed covered over, several locks, bell-pulls, catches, fingerplates, door-handles, two carpenters baskets, and two saws—while I was uncovering them, Inspector Brannan came in—afterwards, I went to Baldwin-street, St. Luke's, and apprehended William Sharp in a beer-shop—I then went back, and apprehended the woman—I asked her if she had received any tools, and she denied all knowledge of tools being in the house—I then went to 33, Waterloo-road, to see Mr. William Stanley, and as I was talking to the mother, the son came in—I asked him if he had received any tools; he said, "Yes," and he produced a sack of tools—I asked him to give them up, and he did so—they consisted of forty-eight chisels, six gimlets, two saws,
three rules, six spoke-shaves, two pair of pincers, one socket and five bits, twenty-seven planes, and seven tool-baskets—the workmen identified their tools at the police-station, and they were ordered by the Magistrate to be given up to them, in consequence of their being unable to obtain employment without them.
JAMES BRANNAN (Police-inspector). I followed Basset to the prisoner's house, and saw the baskets on the bed—the female prisoner was there—I went to a beershop in Baldwin-street, City-road, found the male prisoner, called him out, and said, "Is your name Sharp?"—he said, "Yes"—I said, "How do you account for the possession of those tools?"—he said, "What tools?"—I said, "Those tools left on the bed"—"Oh," he says, "they were left with me by a man last night, to buy"—I said, "What's his name?"—he said, "I don't know"—I said, "Where does he live?"—he said, "I don't know"—I said, "That account is not satisfactory to me, and I shall therefore take you into custody"—I did so, and all the tools were afterwards identified—altogether there have been about 100l. worth stolen from different parts of London.
WILLIAM STANLEY . I am a bootmaker of the Waterloo-road—I have been in the habit, since my health has been bad, of buying and selling tools—I recollect the female prisoner coming to my house to ask me if I would buy some tools—she brought several little things in a bag, chisels, rasps, and so on—she asked 10s. for them, and I gave her 6s.—on the following Thursday she came again, with planes, and chisels, and other things, and asked 30s. for them—I gave her 28s.—the second time, there was an old man with her, who carried the things—I do not know who he was—she gave the name of Brown, and said she lived in Newton-street, Oxford-street, next door to the Bell public-house—on the Saturday morning afterwards the old man brought some more, and said his missis would come in the evening—he left them and in the evening the female prisoner came and asked 2l, for them—I gave her 37s.—the old man came again on the Monday, and I told him I didn't want any more, and refused to buy them—he left them, however, and said the missis would call—on that occasion he brought some things in a bag—I did not open it—Inspector Parker came to me, and asked if I had bought anything, and I said, "Yes"—I had placed them all on the window-board outside the shop, for every person to see.
Henry Sharp. Q. Did you never ask my missis how she came by this property? A. She said it was her own—she said she had some more, but I never told her I would buy all she had—I asked her where her husband was, and she said you were on the drink; that you were in the habit of getting drunk for a week at a stretch.
Henry Sharp's Defence. I have never been in trouble before; I do not know about anything except the locks; I never attended to the Newton-street shop at all to serve a customer, and never bought a thing or sold it there; I kept a broker's shop in Baldwin-street.
Henry Sharp. No it was not, it was a broker's shop.
NOT GUILTY .
MR. HARRIS conducted the Prosecution, and MR. STRAIGHT defended Day.
10th February, about midnight, I was returning home from my club, and just as I got opposite the Victoria Theatre, facing the stage door, I accidentally came into collision with a woman who was turning out of a coffee-stall—she had an apron full of marketing, and we both ran against each other—I apologised to her and begged her pardon, and while I was doing so, the female prisoner walked up and struck me in the mouth—I rushed at her—another woman named Bartholomew ran between us—I forced both of them down—Doulton then walked up to me, asked me why I had upset his coffee, and struck me a blow on the mouth, which staggered me—he came at me again before I had time to defend myself—while I was endeavouring to do so, Day, who was about a yard behind him, followed up the assault, and I was knocked down again by Doulton—Day then kicked me in the left jaw—I saw Jones go behind me, and I received repeated kicks on the back of the head, but I could not say who inflicted them, though I believe it must have been Jones—I was kicked till I was insensible—when I came to myself, I found my waistcoat torn open, and my watch and chain gone—I had last seen them when I met the woman Bartholomew—she was taken to the police-station, but she was found to be a respectable woman, going home with her marketing and discharged, as having no connexion with these people.
COURT. Q. How came these people to be taken up? A. I told the detectives that I could identify the parties if I saw them—I went to a public-house, and saw Doulton there, amongst twenty-five others—he came out, and I followed him into the street—the constable was across the road, and I called him, and gave Doulton in charge—the next morning, I saw Day amongst four or five men, and pointed him out—Jones was captured for an assault on the coffee-stall man—he was placed in among six or seven others, and I was fetched, and picked him out—with regard to the woman, she confessed, I believe; in fact, I know her—I saw her in the police-court—I am quite sure that these are the parties who assaulted me.
JOHN LEWINOTON . I live at 3, Holme's-terrace, Waterloo-road—on 10th February, about ten minutes past 12 at night, I was in the Waterloo-road, opposite the Victoria Theatre, and saw Mr. Bird talking to a woman, who said she wished her husband was there, and she would give him in charge—they were having a little quarrel together, and, until I heard her say that, I thought it was man and wife, and did not take much notice—just after that Butler came up and smacked him in the face—he went towards her to retaliate, and the other female, Bartholomew, the one he was first talking to, tried to prevent him from touching her, and he knocked Butler down upon Bartholomew—it was a push—Doulton then came up, and asked Bird what he had knocked his coffee over for—I did not altogether hear what Bird said, but I saw Doulton up with his right hand, and knock him into the road—he got up again and tried to defend himself as well as he could, but as Doulton was ready before he could recover himself, he knocked him about right and left—they struggled for three or four yards from the place where Doulton first knocked him down, and then they both fell together, Bird first, and Doulton on the top of him—four or five others rushed from the coffee-stall, and picked Doulton up—I do not know who they were—I do not see them in Court—after that they were two or three minutes round Bird, as I thought, picking their mate up—then I saw the prosecutor coming towards me, with his and up to his face as if he had received a blow or cut, and then I heard them halloa out "Police!" and I ran with the police-man, but did not succeed in catching him.
Cross-examined. Q. You can't say you saw Day there at all? A. No—there was a man about his size.
JOSEPH DALLAWAY . I am a cabinet-maker, of 10, Princes-street, Southwark—on the morning of 11th February, about a quarter past 12, I was in the neighbourhood of the Victoria Theatre, and saw Bird and two women together—one of the women said she would give him in charge for insulting her—he said he had not insulted her, and told her to keep a respectable distance from him—whilst they were talking, she went up to a man at the corner, and afterwards came back and gave Bird a blow in the face—Bird then knocked her down, and they fell against the coffee-stall—a man came up to him, asked him what he was doing, and said he had knocked his coffee over—Bird said he was taking care of himself—then the man knocked him on the face, and said, "Take care of yourself then"—he was knocked down and kicked about most brutally, and when he got up, they commenced fighting, and three or four men ran to the assistance of their companion—I do not know who they were—I cannot swear to the prisoners.
NOT GUILTY .
MR. STRAIGHT conducted the Prosecution, and MR. HOUSTON the Defence.
JAMES SHEA . I live at Bermondsey—on 14th February, I went at ten minutes to 6 to get my money at the wharf where I work—we were paid at a box—while there, the prisoner hit me a blow on the head, and I said, "I will see you when we get outside"—when we got outside we struck one another, and he made at my chest—I felt something going into me—I could not tell what it was—he ran away, and I ran up the street—I went to the hospital next morning.
Cross-examined. Q. What was it caused the quarrel? A. I do not know; I never quarrelled with him before—upon my oath I did not strike him first—I did not raise my hand until he struck me in the box—directly after I got my money he got his, and we came outside, and began to fight I do not think he intended to take my life away—I never keep a knife.
EDWIN BURRELL , M.R.C.S. I was house-surgeon at Guy's Hospital—on the morning of 15th February, when Shear came there, I found a punctured wound on the angle of the left scapula, two inches in length, and an inch and three quarters in depth, evidently inflicted with a sharp instrument.
Cross-examined. Q. I suppose it must have bled very much? A. It had been bleeding—I should not think it had taken place the day before.
NOT GUILTY .
Before Mr. Common Serjeant.
325. RICHARD BARTON (12), HENRY BARTON (10), JAMES ATFIELD (9), and HENRY KEMP (15), PLEADED GUILTY to breaking and entering a chapel, and stealing therein a candlestick and a wooden box, the property of John Thomson, and others. RICHARD BARTON, HENRY BARTON, and ATFIELD, Confined One Month, and Five Years in a Reformatory . KEMP, Confined Six Months, and Three Years in a Reformatory
MR. RIBTON conducted the Prosecution; MR. LILLET defended Rose.
WILLIAM HANOOOK . I am a plumber, of 7, Napier-street, Wandsworth-road—on Saturday night, the 21st January, I was in the Binfield-road, South Lambeth, after 12 o'clock—Puttock stopped me, and used bad language to me—he went a little way with me, hit me in the chest, knocked me down, and kicked me in the chest when I was down—I felt a tug at my waistcoat, and he took my watch—about half a minute after that, Rose came up, just as I had got up—he knocked me down, and hit me on the chest three or four times—Puttock then fell on me, and hit me on the chest—I said, "You have got my watch"—Rose went away while Puttock was on the top of me—a gentleman came up, and said it was a shame to knock me about so—a constable came and pulled Puttock off me—I have not seen my watch since—I am still under the doctor's care from the injuries.
Cross-examined. Q. Where had you been spending the evening? A. In Chapel-street, at Mr. Baker's public house—I had been there about an hour and a half—I had received my wages that day—I had been to another house that night—I do not know the name of it, or the landlord's name—Puttock walked a little way beside me—there was no quarrel or altercation between us—I had no fight with him—no people gathered round besides the gentleman—I did not see Rose standing about twelve yards off when I got up—there was no struggle when Puttock hit me—I did not return it—I saw my watch about four minutes before I was knocked down—there are no shops in the Binfield-road—it was about a quarter past 12 when I looked at my watch to tell the time—I swear I could see it—I did not know Puttock before.
MR. RIBTON. Q. Were you sober? A. Yes.
Puttock. Q. When you first met me, did you catch hold of me by the jacket, and begin preaching, and say it was what you had learnt out of your father's Bible? A. No, you did not tell me I was drunk, nor did I say I was not so drunk as you—I did not make a grab at the handkerchief round your face—we did not have two or three rounds in the road—I called "Police!" once—Rose did not seperate us—I did not strike him on the head, and say I had knocked his thumb up so that he would not fight any longer—he was a stranger to me.
JOHN FARDOE . I am a mathematical instrument maker, of 7, Bolton-street, Kennington-park—between 12 and 1 o'clock on that night, I saw Mr. Hancock at the corner of Larkhall-lane, in Greenfield-street—Puttock was struggling with him—they were standing up, but Puttock knocked him down, and punched him while he was down—I told him not to strike him while he was down—Hancock called on the prisoner to desist striking him while he was down, and let him get up—he left off striking him, but Hancock did not rise—he then went to him again, and struck him on the chest several times—Hancock cried, "Murder," three or four times, and "Police"—Puttock then left off—Hancock rose and told me he had lost his watch and chain—Hancock stooped on one side to avoid his violence, and Puttock punched him across the road and back again to the middle of the road—Rose then went to the middle of the road, to all appearance to separate them—when Rose left, Puttock punched the prosecutor back to the spot where I first saw them, and knocked him down—the police then came up, and took Puttock—I saw Rose on the Monday at Wandsworth police-court.
Puttock. Q. Were not we fighting when you came up? A. You were
struggling with the prosecutor—he did not strike you—I did not strike Rose on the back of the head when he come up to part us—there was no one else there till the policeman came.
Cross-examined. Q. About the same time that the police came up, did other people come up? A. yes, two or three; but not in time to see anything—my attention was directed to Puttock and the prosecutor.
ALEXANDER MICKLEJOHN (Policeman, W 99). I heard cries of "Murder!" and found Puttock on top of the prosecutor, beating him—I pulled him off, and after that he kicked him—Hancock gave him in custody for stealing his watch, and beating him—Puttock said he did not do it, he had only had a round with him—I saw Rose two yards from them, going away—he came back in five or six minutes, and said that he was in search of a policeman—he passed me as he went away—Hancock said that Puttock and his mate had assaulted him and taken his watch—I cannot say whether Rose heard that, but he went away altogether, and I took him on Monday morning about 9 o'clock in the court-yard of Wandsworth Police-court—Puttock had an attorney, or an attorney's clerk, before the Magistrate, but Rose had not.
Cross-examined. Q. You saw Rose going away, and he said he was going for a policeman? A. No—I saw him going away, and when he came back he said he had been for one—I was about a yard from him when he passed me—I was in uniform—I did not speak to him, or he to me—Hancock had been drinking, but I consider he was sober—Rose must have seen me—Puttock was sober.
Puttock's Defence. I cannot say anything more than I have said. I have a witness here named Andrew Fordham, who says the prosecutor accused him of stealing his watch before.
Andrew Fordham being called did not appear.
COURT to WILLIAM HANCOCK. Q. Had you any money? A. No—I had had the watch and chain eight months—I bought it of a chap who went to sea—I never charged any one else with stealing it—I know Andrew Fordham; he worked in the same place with me—I never said or thought that he stole it—I never charged anybody with robbing me before—this is the waistcoat I had on—it is torn.
Puttock. That button-hole was not broken at the station.
COURT to ALEXANDER MICKLEJOHN. Q. Did you see the prosecutor's dress at the station? A. Yes—it was just the same as it is now.
PUTTOCK— GUILTY .**— Confined Eighteen Months .
ROSE— GUILTY .**— Confined Twelve Months .
Before Mr. Baron Bramwell.
MESSRS. OPPENHEIM and STRAIGHT conducted the Prosecution, and MR. SHARPE the Defence.
ALFRED SAY . I am a butcher, of the Blackfriars-road—on 29th January, about 8.15, I was in Church-row, Newington Butts, and saw a little boy run across the road—a horse and trap was coming along at the same time, driven by the prisoner—when the child was three or four yards in front of the horse, somebody called out to him—he was turning round to see if a party was coming after him—the horse knocked him down, and the wheel passed over him—the dogcart was going about ten miles an hour—it went on a hundred yards or a little more.
Cross-examined. Q. Are you sure the wheel went over him at all? A. Yes; it did not miss him—the horse struck him, not the shaft—this was beyond the church, in High-street—I was nearer to Kennington-park than the church, seventy or eighty yards from the church—the road itself may be a little more than twelve yards wide; it may be twenty yards—the path I was on is raised two or three feet or more—there are little plots of grass in front of the houses, then comes the pavement, and then a slip of earth—the pavement slopes to the road till you come to the earth part, and then there is a very steep slope of earth down to the road—the prisoner was driving on his proper side—he was coming from the Elephant and Castle, meeting me—he was on his near-side, which was the opposite side to which I was on—there were three or four yards between the near wheel and the kerb—the prisoner called out, "Hoy!"—at that time, the boy was only three or four yards off—he was running as hard as he could across the road—I will not swear that the prisoner was going more than seven miles an hour—I drive a butcher's cart—we always drive ten miles an hour when we get the opportunity—a gentleman ran after the boy—I cannot say whether he had a stick—just before the horse came on, the boy turned to see who was pursuing him—if he had darted straight across, I think he would have got over safe and cleared the horse, but he suddenly stopped; and if the prisoner had been going at a very slow trot, he could not have pulled up in time to avoid the accident—I could not have pulled up if I had been driving—in my opinion, it was an inevitable accident—he could not have pulled up in time unless he was at a walk—the horse was trotting; it was certainly not cantering—I did not see the whip used; if the prisoner had used it I should have seen it—I saw it in the socket at the time the accident happened and when the dogcart was brought back—I never saw it out of the socket—the prisoner appeared very much excited—I would not take upon myself to say that that was from drink—I went up to Hutchins, and heard him say that he stopped and turned, and brought back the cart, but the prisoner had turned the cart before Hutchins got up—I cannot say that the prisoner observed Hutchins—I heard no words—Hutchins led the horse of the prisoner's cart after he turned round, and the prisoner told him to let go—I am no friend of the prisoner's—I never spoke to him before.
MR. OPPENHEIM. Q. Were you present when Hutchins stopped the horse? A. No—I saw it coming back—I saw it turn round—the prisoner was driving the horse, and somebody was holding the reins—the boy made a stop in the road to see if the man was running after him—he did not merely turn his head—I was eighteen or twenty yards from where it occurred—I do not understand anything of measurement—I was not on the near side—I do not know the Peacock, or Phillips's stables.
ROBERT MATTHEWS . I lived at this time at 45, Avenue-road, Camberwell, and was coachman to Mrs. Scorer, but she sold off—I have been fifteen years a coachman—on 29th January, about half-past 8 in the evening, I was standing by the Peacock Tavern, High-street, Newington, and saw a dogcart drawn by a chestnut horse coming along the road in the direction of the Plough and Harrow—the prisoner was driving it at from ten to twelve miles an hour—I noticed the horse from its high action—I saw the boy run across the road from the other side towards me, and run against the shaft—he was knocked down, and the wheel went over him—I was six or seven yards from the dogcart at the time—I called out, but the gentleman driving did not stop—he had a whip in his hand, with which he hit the
mare about three yards before be got to the boy—I heard no one else call out—the mare was trotting, but when she was hit with the whip she broke into a gallop—I called out once before he knocked the boy down, and two or three times afterwards, but he did not stop—I picked the boy up and ran with him to St. Thomas's Hospital—I went in the same direction as the prisoner for twenty yards, and then had to turn the corner—he made no attempt to stop—the off-side wheel went over the boy—the prisoner was sitting on the off-side.
Cross-examined. Q. Was it after the horse was struck with the whip that you called out? A. Yes—I did not see him strike the horse twice—when I was examined before, I did not say that he struck the horse twelve or fifteen yards off, and then a second time—I called out after he struck the horse, but before he knocked the boy down—the boy was about three yards from the horse when I called out—I did not measure the ground—he might not have been more than two yards—the horse was trotting at ten or twelve miles an hour, and then broke into a gallop, but I do not know whether he increased his pace—I have driven from twelve to thirteen miles an hour in Oxford-street when there has been a clear road and daylight—I told the Coroner that I have pulled up within two yards, but not when I have been driving thirteen miles an hour—I did not say, "I have pulled up a horse going at thirteen miles an hour in Oxford-street"—the horse was a middling high stepper—I said when I was examined before that I could have pulled one rein or the other and allowed the boy to go by—he was some yards from the kerb, and if he had pulled his near-side rein, the boy would have gone behind.
COURT. Q. What reason had he to suppose the boy did not stop? A. I do not know, there was no attempt to pull up.
MR. SHARPE. Q. Do you know Mrs. Sollito? A. Yes—I did not say to him that when this case was over, I should get 10l. out of it, and be in a position to pay 10l.—I said, "Some people gets money offered to them, but if they were to offer me 10l. I would take it, but I would not alter my evidence"—I shall not say whether I am the brother of the celebrated Matthews who performed in Miiller's case—I told Mrs. Sollito that Mr. Smith could have avoided the accident if he tried—he could have avoided it, by pulling the off-side rein, he would then have gone across the road, and not run against the boy—I was formerly in the service of Mrs. Scorer, and was supplied with a sufficient quantity of oats for the horses—she complained that they were very thin and ill-fed, she gave me a good character—she sold off—I lived in her house at one time, and there was a question about the cook losing a half-sovereign—I afterwards left, because I could not agree with her—she lost 3s. before that—Mrs. Scorer discharged me because she was going to sell off, and I went to live with Mr. Ridgeway 45, Avenue-road, Camberwell—I stopped more than a month—I left in her debt for rent, as I had not sufficient money—she sold me some clothes which had belonged to her deceased husband—I have paid her for the two coats I have on, but not for the shirt—I owe that in addition to the rent—I am not going to pay that out of what I get here—I next went to Gloaming—I am going to leave there, but my box is still there—I am going to a place at a livery stable—I am not assisting the police—I have taken little boys to the police four or five times, if I saw them do anything wrong—I get nothing for it, I only do it for a hobby, as an amateur detective—I was called as a witness in one of those cases of picking pockets—there is a judgment summons against me for 3l. 10s. for beer, but the man swindled me out of that
by cards and skittles—I believe the spirit license has been taken away from the Peacock—I only frequent it on Mondays and Saturdays—there is a select concert there, ladies and gentlemen go there—I take the chair—I also sing.
MR. OPPENHEIM. Q. How long did you live with Mrs. Scorer? A. A year and 9 months—before that I was 14 months at Mr. Greenwood's of Tulse Hill—I have never been discharged for improper conduct, or charged in any Court.
MR. SHARPE. Q. Is Mr. Neale the attorney in this case? A. Yes, I did not hear him say that he had offered Mr. Smith to square it—Mr. Neale did not promise me any money.
JOSEPH HUTCHINS . I am a tailor, of 30, Frederick-place, Newington-butts—on Monday night, 24th January, about a quarter past 8 o'clock, I was outside the Peacock, and saw the little boy run across the road—Mr. Smith came with a dogcart and three gents in it, and a servant—I saw the cart five or six yards from the boy—somebody called out "Heigh," but he did not stop—he ran over the boy, and went 200 or 300 yards before I caught him—I brought him back—I did not take hold of the horse—when I told him to stop, he stopped and turned round—I followed by the side of the horse's head, but did not take hold of the reins—I went to the station—he abused me for running after the trap—I told him he had run over a boy, and he turned back, and came to the Plough and Harrow, which is twenty or twenty-five yards from the Peacock, and the police took him in custody—I should think he was intoxicated.
Cross-examined. Q. Are you sure he was more than three yards off when "Heigh" was called out to him? A. I should think between five and six—I am sure he was more than three yards—the cart was going about ten miles an hour—I have not been accustomed to drive—a witness had been examined before me at the police court who said ten miles an hour, but I speak from my own judgment—I said before the Magistrate, that the prisoner drove 300 yards after the boy was run over—he was not stopped opposite Mr. Goodwin's, the butchers—it was at Kennington-park.
Q. Will you swear it was more than eighty-nine yards, because you know it has been measured? A. I will not—when I overtook him he turned round, if he had not, I should have taken the horse's head—I said in his presence, that I turned him, stopped him, and brought him back—it was after that that he said something not of a complimentary nature when I said he had run over a child—he did not say that he did not know it—be seemed a little giddy when he was going to the station—I did not smell him, or notice that he was speaking thick, but he staggered and appeared excited—if I heard that he was lame and could not walk quite straight, that would not alter my opinion—if I heard that he had been wounded in the leg by a spear at the Cape, that might alter my opinion—I swear that the accident could have been avoided, because he did not stop when they called out "Heigh," but ran over the child—he went straight on, and they came in contact with one another—if he had stopped when he was called to, it might have been avoided—I saw the off-side wheel go over him—I did not see Matthews—I do not expect to get anything out of this—I came here to speak the truth—I never was in such a place as this before as a witness against anybody—I have been in that dock, I met with a misfortune once; I was led away with bad company—I have been twice convicted—the last time was two years ago or more—I work at Mr. Davis's, and get 3s. 6d. or 4s. a day—I do not believe it was Matthews who called out "Heigh," it was some
gentleman—I may have been to the Peacock four times—there is singing there, but no dancing—I have seen Matthews there as President.
MR. OPPENHEIM. Q. When yon ran after the vehicle, did you call out more than once? A. Yes.
COURT. Q. Where were you standing when the accident happened, was the dogcart in advance of you, or coming towards you? A. Coming towards me—I was further down the road, nearer Kennington—it was about level with me, or about two yards difference, at the time it happened—it continued to go on at the same pace all the time—I ran I believe at the rate of ten miles an hour—I do not say that I got in front of the cart, but I looked up to Mr. Smith, and told him he had ran over a boy—I cannot say whether the boy stopped as he came across the road—I saw somebody running after him.
JOSEPH KELSON (Policeman, L 174). On 21st January, about half-past 8, I was in Kennington-lane, and saw the prisoner and Hutchins coming back—I did not notice them till they got to the Plough and Harrow—the prisoner was out of his cart—I asked who was driving at the time the boy was run over—the prisoner said, "I was"—I saw that he was the worse for liquor, and told him he would have to come to the station with me—he said, "I suppose you are going to make a charge of drunkeness against me"—I went to the hospital half an hour afterwards, and found the boy was dead.
Cross-examined. Before he said that, had you said, "You are much the worse for liquor?" A. Yes—I did not smell him of drink—I did not come to that conclusion because he rather staggered in his gait—he did not appear to be excited at all—I did not notice his thickness of speech—he staggered very much—it was not altogether from that that I came to the conclusion that he was the worse for liquor, but it was partly—he is a little lame, but if he had only one leg, I should have taken him to the station as being intoxicated.
COURT. Q. What was there about him to indicate that he had had too much to drink? A. Well, he looked very much the worse for liquor—he staggered very much in going to the station, and at the corner of the Kennington-road at the time the accident occurred—I did not think to smell him—I could see by his appearance that he was drunk.
WILLIAM ODELL (Policeman, L 18). I was at the station when the prisoner was brought in—I believe he had been drinking—I have no doubt of it, but he knew what he was about, and could take care of himself—he was given in charge for being drunk and furious driving.
Cross-examined. Q. In addition to his knowing what he was about, do not you think he was in a state to be able to drive? A. Yes, I think be could—he did not appear excited—he did not speak thick, that I perceived, neither did I smell him of drink—I did not see him stagger in his walk—I heard Kelson say that he was drunk, and then I formed my opinion that he was—when I read the charge to him, I noticed his incoherent manner—he treated the charge very lightly—the charge was furious driving and causing injury to a lad, name unknown—I did not know that he was dead, and that the wheel had gone over him, but I knew that he had been thrown down.
—HEATH (Police-inspector, L). I was not present when the prisoner was brought to the station, but I saw him shortly after 10 o'clock—I scarcely consider myself competent to judge of his state, because I only saw him through the cell wicket when he spoke to me, but he smelt of drink—I saw him several times in the course of the evening after that.
Cross-examined. Q. Did you go before the Coroner or Magistrate? A. No—it is my first appearance—the wicket was open, and I was close to him—if he had taken any quantity of liquor shortly before, he would have smelt of it—I would not undertake to say that he was the least the worse for liquor.
COURT. Q. Did he speak to you coherently, and like a rational person? A. Well, I think he had been drinking, there was a little dirt round his mouth—he did not speak thick—what he said was rational, and to the purpose—he was there till the following morning, when he went before the magistrate, and was bailed, I believe.
CHARLES CORBETT BLADES . I am surgeon to the L division of police—on 29th January, Mr. Jones, the prisoner's solicitor, called on me to go with him to Kennington-lane police-station to examine the prisoner, and see if I could give him a certificate to get him out on bail—we went to the station at 11 o'clock to examine the prisoner—he was represented to have bleeding piles, which I could not satisfy myself of, and therefore could not give him a certificate to get him out—I was asked to pay particular attention to whether he had been drinking or not—I examined him, and found he had been drinking—he spoke thick, his pupils were dilated, he smelt of drink, and had a flushed countenance and a full pulse; all indicating that he had been drinking.
Cross-examined. Q. Would not all those be symptoms of great excitement? A. No—a man's pulse would be greatly accelerated by excitement, but it would not be of that full character—I saw that he had piles, but not bleeding piles—if a man has piles, it is very imprudent to drink—any doctor would tell him to abstain from drink—I had never seen him before—if he was in a state of excitement his eyes would not be dilated—I have been accustomed to all degrees of drunken men, and am quite satisfied he had been drinking—I cannot say what drink he smelt of, you cannot tell after some hours—if a man has been drinking recently you may tell what he has taken by the smell, but in two hours and a half you get a peculiar aether, coming from the lungs only—if he had been drinking porter at half-past 7, I should not have smelt it—I should not know whether it was whisky or porter, but a quarter of an hour afterwards I might tell.
COURT. Q. Can you say whether he was drunk, so as to be incapable of managing a vehicle? A. I think he might be in that state that he could drive, but not with that care he would if he was sober.
JOHN TAYLOR AVELING . I am house-surgeon at St. Thomas's Hospital—on Monday night, the 29th January, a boy about eight years old was brought there in a state of extreme shock from injuries to the head—there was a fracture on the right side of his head, and a bruise on the left side—he was in a sinking condition, and died in about three-quarters of an hour—there was a mark of dirt on the right side of his face, and the skin was just knocked off—I was present when a postmortem examination was made—the fracture of the head was found to extend to the base of the skull, and on the left side there was another small fracture—there was a pint of coagulated blood in the stomach that had been swallowed, and which was the cause of death—I see a great number of cases of running over—I cannot say whether he had been run over, but it is an accident that running over might produce—knocking down would not do it, unless he fell from a considerable height.
Cross-examined. Q. Did the fracture on the right side cause the rupture of any vessels of the brain? A. Yes, from which blood had oozed at the
back of the throat, and had been swallowed—if the right side of the head is fractured, the shock may produce a slight fracture on the left side, but not the description of fracture which this was—this was a small vertical fracture of about an inch on the left side—it did not correspond, it was not in the same segment as the fracture on the right side—supposing the boy had been thrown violently down by the shoulder of a horse or a dogcart, and thrown on the right side of his head, it might produce the fracture of the skull on the right side which I saw, but not one which would extend so far into the base of the brain—I cannot say that it might not do so, but in the cases I have seen, there has been a contracting force to oppose it—if he was thrown on the road, there would be nothing above his head, and it would rebound—what I say is, that the worst fracture of the two required pressure on both sides of the head—I do not think the injury could have been caused by his being struck by the shaft, thrown violently on the road, and turned over and over, but I do not say that it might not.
THE COURT considered there was not sufficient evidence of culpable negligence on the part of the prisoner, and directed a verdict of NOT GUILTY .
MR. WOOD conducted the Prosecution, and MR. DALEY the Defence.
CATHERINE SHEA . I live at 5, Elizabeth-place, Bermondsey—my husband's name was John—on Sunday evening, 24th December, Christmas-eve, I went out with him a little bit along the road—he and two or three more chaps went out at 1 o'clock for a little bit of a walk—he was not much in liquor—I followed him along the road a little—he did not go into any house then, he came back with me to our house—he then went out to Mr. Eyre's, for about an hour and a half, and came back to me and my little family, and my lodgers—he was all right then—we were enjoying ourselves indoors—about half-past 10 at night, somebody came and said there was a row—my husband went out and I followed him to Michael Eyre's door—I waited against the door two or three minutes, and Jack Donovan came out with him—my husband stood like this, doing nothing, when Mary Mahoney brought out a poker, half a yard of which was red hot—I said, "You wicked woman, do yon mean to burn my husband alive?"—she said, "Yes, I will run it through Jack Sheppard, or any b——"—I took the poker from her—I was afraid she would run it through my face—she hit me twice on the back—somebody took the poker from me, and took it across an archway some little distance off—I followed him, and came back again—Mary Mahoney had her arm full of bricks gathered up—she said, "I will brain the b—with these"—I got into a tremble, and my senses left me for a moment—when I came to, I saw my husband bleeding on the ground—I did not see anybody do anything to him while he lay there—he was thirty years old, and as healthy as any man in Bermoudsey—he never complained of his lungs—I kept him at home for a fortnight—he was then taken to the hospital—he always told me that he should never get over it, as they used him like a dog with bricks and cliukers—they broke his jaw in two places, and broke two splinters into his brain.
Cross-examined. Q. What time did he leave you? A. After breakfast, 9 or 10 o'clock—he had a little drop then—I followed him, because I was always careful of him, and always liked to be with him when I could for fear he might get more drink—he had only had a drop of beer, not more than half a pint, or a pot between himself and his mate—I cannot say how many that was between—I know the difference between a pot and a pint—I do not know which it was—I did not see him in the public-house, and do not know how many were with him—he had the beer after he went out the first time—he had no drink when he left me—I followed him between 11 and 12—I expect he had had a drop then, like the rest of them—this was Christmas-eve, and everybody had holidays, as well as him, to enjoy themselves—we women had a drop of whisky, but my husband did not like to take short liquor, rum or gin—I suppose short is neat—but my husband had a drop of beer—one or two of the men had a glass of liquor—I said, at half-past 10 at night, "This is Christmas eve, and I do not want you to take anything to drink"—he drank a drop of beer, but no spirits"—he only drank half a pint at a time, and only had it once at a time—he was perfectly sober, and could account to himself all the world over—he often drank spirits, but did not that day—I was in the room a good bit while he was drinking—the others only had one glass of whisky each—when Mrs. Mahoney came out with the poker, she said, "Where is Jack Sheppard, the b—b—? I will run this through his face"—I said that before the Magistrate—she struck me on the back with the poker, and I did not see my husband after that—I did not see him, five minutes after she hit me with the poker, standing perfectly unhurt—I said before the magistrate, that when I came back, I could not see him standing up—I saw him standing all right about a minute after Mahoney had the poker—it was about a minute—I never said five minutes—I did not run far, but round a corner—not twenty yards—I ran after the poker, remained about a minute, and then I came back, and found my husband lying on the ground, bleeding—I did not see who knocked him down—I did not hear Miles say that he would commit wilful murder, but I was told so. (The witness's deposition was here read.)
MR. WOOD. Q. Can you tell how long you were gone after the man with the poker? A. Only a minute, and that was the time they knocked him down and killed him—(The witness was told to pronounce the words "Unhurt" and "In the dirt" which site did.)—I do not remember whether the pavement was clean or dirty.
CHARLES GOLDING . I live at 1, Elizabeth-place, opposite to where this took place—I was getting my supper on Christmas-eve, and heard a noise at the corner-house, No. 2—I put the bedroom window up, and saw some persons coming down stairs, and out into the street—I then saw Miles in the road, in his shirt-sleeves or in a white jacket, going to fetch some person at No. 2, who was indoors—I do not know where he lives—I did not see him go into the house—I saw him go to the door, and the persons at the door kept him away, as far as they could—after that I saw the deceased Mr. Shea—he came and inquired for some one at the corner, and some person said that he had gone home—I lit my pipe, and did not look for some time—I then saw Mrs. Shea standing in the road, and heard something hit John Shea, but what it was I do not know—Miles was two or three yards off him at that time—I still kept my standing.
Cross-examined. Q. Do you know what caused him to fall? A. Something that struck him—I heard a noise, and he fell backwards.
MR. WOOD. Q. How far were you from them? A. From where I was to the man who fell was about twenty feet—there was a number of people about—I cannot say that either of the prisoners threw anything at him.
WILLIAM DAWSON . I am a labourer, of 2, Mill-lane, Bermondsey—on the evening of 24th December I saw the deceased in Elizabeth-place—the two prisoners were standing against the house—Miles picked up a stone, and heaved it towards Shea—I then went round the corner—I saw Mrs. Mahoney come out with a poker—she asked for John Shea, but could not find him, and she hit his wife with the poker—I heard somebody shout out, "Kerry men" and after that saw Miles aim a stone towards Shea—three or four of them were throwing stones at each other.
Cross-examined. Q. Did anybody say that they were Munster men, or any other county? A. No—they were all standing rowing and fighting together, two or three dozen of them—there were not 100—most of them were drunk—Mahoney had the poker in her hand five minutes before it was taken away, and when it was taken from her, the deceased was standing on the opposite side, quite well—when she asked for John Shea, he was right opposite her, but she could not see him—she might have seen him, if she liked—I did not see her throw anything.
COURT. Q. When he was struck with the brick or stone, did he fall? A. I was round the corner, and did not see him fall, but I helped to carry him afterwards—he was bleeding.
JOHN DONAHER . I live at 3, Elizabeth-cottages, opposite the house in question—on Christmas-eve I heard a cry of "Murder" from Eyre's house, 2, Elizabeth-place—I opened the window, looked out, and heard a woman screaming in Eyre's house—I went into the house, and saw Patrick Mahoney with his face all over blood—I laid hold of him, and took him into another room, and laid him on the bed—he was partly intoxicated—Dalton was at that time lying on the floor—other people were standing round him—I heard Shea come inside, and ask for "Soldier," which is the name he called him by; but no one answered—he then asked for Dalton—the landlord said, "Dalton is not here; he is gone to the tan-yard for more help"—I was down stairs when that was said—I do not know who was upstairs—Shea came in, and went up a step or two, to ask where the landlord was—the prisoners were there a few minutes before that—this was before Shea was struck—he was not long on the stair-case—I did not see anybody come to him—I said, "You must be a foolish man, on Christmas night; what do you mean?—you had better come home, no fighting here"—he said, "I am going to help McCair"—I got him out of doors, and advised him, and he as much as told me he would go home, but he took hold of a brick or a stone, and I saw the woman Mahoney come out—he chucked the stone towards the two; but who he chucked it at, I do not know—Mahoney came out with a poker in her hand; but he took up the stone before that—she struck Mrs. Shea on the back with the poker, and Mrs. Shea took it from her—one brick was thrown which struck John Shea, but I did not see who threw it—when Shea was on the ground, Miles came up and hit him with something in his hand, but what it was I cannot say—he threw something out of his hand to him—I saw Shea bleeding.
Cross-examined. Q. You told Shea there was no fight, when you wanted to keep him quiet? A. Yes—I saw him throw something towards the door, but I do not know what it was—I did not want to fight—he went towards his own house, and was knocked down a few minutes after wards—he was struck with something, I cannot say what, but it sounded
like this, (Clapping his hands)—I afterwards saw pieces of brick and of pipes and of clinkers on the ground; the road is repaired with them—Miles then went up not a yard from him, and threw a road stone at him when he was on the ground—I did not see whether it was a stone or a clinker, but I saw him throw something—I was about three yards off—there was a crowd—there was another person between me and him, but he was only a little chap—I do not know whether he saw what Miles did—I saw what Miles threw strike Shea's head—I did not pick it up to look at—it appeared black—I do not think it was as large as a man's hat—I was looking at Shea at the time his head was struck with it—I cannot tell the Jury whether it remained on his head or fell off—I did not see Mary Mahony throw anything.
MR. WOOD. Q. What sort of clinkers are they? A. What come out of an ironfoundry—they have rough projecting pieces in them.
COURT. Q. You saw Shea struck twice, as I understand? A. I saw him struck once plainly, and the other time I was looking at his head, and only heard it—I believe he was hit then—the other time I actually saw Miles throw something—I do not know who threw the first thing, or whether Miles was in front of me or not.
JAMES FIERY . I live at 3, Elizabeth-place—I was standing outside the door of No. 2, and saw Shea come up—he asked for Dalton—after that I saw the female prisoner throw four or five stones among the crowd, but I cannot tell to what individual—I saw Miles outside in his shirt-sleeves, and his hand up in the act of throwing—I cannot say what he had in his hand—I saw Shea lying on the ground before that—I saw four stones thrown at Shea, but cannot say where they hit him—they were clinkers from the iron founders—they were lying in the road—I saw Mrs. Mahoney before that, she came out with a poker in her hand.
Cross-examined. Q. Were there a number of people throwing stones and clinkers? A. Yes—I saw Shea throw some stones—I do not know whether Miles's hand had a stone in it when I saw it up—I saw nothing leave his hand—he was two yards from his own door—I saw Shea when he was on the ground—I cannot say if any one struck him on the head with anything—he was down about two minutes before I went away—I did not see him bleeding—Miles was two or three yards from him when he was in the act of throwing—his face was rather towards the left and Shea was on the right, on the ground, but his face was inclined to the left—I cannot say who he was aiming at.
COURT. Q. Do you know these people? A. I know the prisoner and these men—they are all Irish—Miles lived in Eyre's house—they were all friends together—Mahoney and her husband live in the same house—I never was in the house—I have heard Miles say that he comes from Clare—I do not know whether Shea was a Kerry man—the two prisoners lived in the house to which Shea went to rescue Dalton, I believe.
PHILLIP WILLIAMS . I live at 1, Somerset-place, Bermondsey—on Christmas-eve, I was in Elizabeth-place, standing by No. 2—I had been to my sister's house in the neighbourhood—I saw Mahoney come out first, with a red-hot poker in her hand—I saw Shea on the ground—Miles went up to him, and heaved something at him as he was lying on the ground—I cannot say whether it hit him—he went close to him, and looked at him—Shea was not trying to get up, there was not a stir in him—Mrs. Mahoney, I think, went back into the house directly after the poker was taken out of her hand—I did not notice her afterwards—she went back five or six
minutes before Miles heaved the brick—I did see whether she came out again.
Cross-examined. Q. Were there a number of people throwing stones at one another? A. Yes—I cannot say how many—I did not see Mrs. Mahony throw anything—I was five or six yards off when I saw Miles heave something at Shea—there were a lot of persons between him and me—I cannot say whether there was a dozen—I did not see him stoop down when he heaved it, but he bent over him, and looked at him, and heaved something—I did not see what struck him—I did not talk this over with different persons after the fight—I did not speak a word about it
COURT. Q. When you first saw Shea, was he standing? A. Yes, it must be a blow that brought him to the ground—I did not see what it was.
JAMES MAHONEY . I am a gardener, of 2, Elizabeth-place—on Christmas eve I was standing up against the door, and saw the female prisoner stoop and pick up something, which she threw at Shea—I cannot say whether. it hit him, but he continued standing—she threw something at him again—I do not know whether she hit him, but he still stood—I did not see her throw a third time—Miles then came up, stooped, picked something up, and threw it at Shea—my mistress was standing by my side—I turned to speak to her, and at that moment I heard them say that the man was dead.
COURT. Q. At the time Miles threw in that way, was Shea standing? A. Yes—I can't say whether it hit him, because I turned to speak to my mistress—I afterwards saw Shea lying on the ground.
Cross-examined. Q. Are you sure you saw Miles throw a stone? A. Yes, I said so before the Magistrate—I do not know how far Miles was standing from them—I did not hear the noise of a blow—I saw Shea on his back.
MICHAEL DALTON . I live at 2, Elizabeth-place—on Christmas eve there was a confusion and disturbance in the house—Pat Mahoney, the prisoner's husband, was there, and me, and an old gentleman who died, who lived with me, and the two Mahoneys and their wives—an argument was going on between me and Pat Mahoney, about Bermuda in the West Indies—he asked me if I had been there—I said, "Yes"—he said, "You are a liar"—I said, "I am not," and he hit me a violent blow in the face, which drew blood—I got up and struck him, and Miles and the female prisoner, who lived in the same room, came, and the female prisoner called for her husband—they all seized me, and threw me on the ground, and kicked me, and Shea came in to take my part—he asked if I was inside—the answer was that I was not, but I was—Miles ran to the door and said that he should commit murder—he seized Shea, and threw him against the front door, leading to the street, then gave him a violent blow in the centre of the chest with the clenched fist—he would have fallen down, only the wall prevented him—Donaher came and brought him out and pacified him—he was followed by Mahoney and his wife—I do not know what occurred afterwards, for I was looked up by the landlord for protection, because Michael Mahoney's wife was going to bring a razor to out my throat—when I was locked in, Miles came to the door, and said, by God, he would commit murder, if I did not come out, but he did not mention my name—that was before the deceased came in at all.
Cross-examined. Q. Miles was attacking you? A. Yes—I saw nothing of the fight
COURT. Q. Who was in the room? A. Miles and my landlord, and the
young man who is dead—somebody asked me if I had been to Bermuda?—I said, "Yes"—he called me a liar, and I struck him, and the two Mahoneys and their wives fell on me—Shea found out that there was a fight going on, because the female prisoner went and told her brother-in-law, Michael Mahoney, there was confusion inside—I suppose Shea heard her go out and ask for help—when we began to quarrel, there was me and my landlord, and his wife, and the other lodger that is dead, and Patrick Mahoney, the prisoner's husband, and herself—Eyre threw himself on top of me, or else the prisoner would have killed me—the wife went out to get help.
GEORGE BOWER (Policeman, M 80). I received information which led me to go to 5, Elizabeth-place, on 25th December—I saw there Shea, who had been very badly assaulted—I then went to No. 3, opposite, and inquired for Miles, and was refused admittance—129 M went round to the back—I was kept waiting quite ten minutes—the door was then opened, and I went in and saw the back door open—I afterwards saw 129 M with the male presoner in custody—I afterwards took the female prisoner in Elizabeth-place—I asked her her name—she said, "Sculley"—I said, "I believe your name is Mahoney"—her husband said, "Tell your proper name"—she said "My name is Mahoney"—I told her I had a warrant for being concerned in the row with Shea, and she would have to go to the station—she said, "It is a hard thing for me, after being ill-used as I have been"—she had a black eye.
FRANCIS MEREDITH OWEN . I am a surgeon of Alexander-terrace—on 24th December, between 10 and 11, I was sent for, and examined Shea—I found him lying on a bed suffering from a compound fracture of the frontal bone above the right eye—there was a lacerated wound about an inch and a half long, which penetrated to the bone—I could put my finger between the pieces of the bone—there was also a compound fracture of the left lower jaw; that is, a cut as well as a fracture—a brickbat or some hard instrument would cause it—the instrument need not project to drive pieces of bone into the brain; any instrument will do it—he remained insensible till Tuesday evening or Wednesday morning—he gradually sank, but he rallied a little, and I sent him to the hospital, as he could not afford the nourishment he required—I sent him when he could be moved with some amount of safety—an injury to the lungs which had been three weeks in forming, might be caused by a violent push—he had a slight cough three or four days after I first saw him, but I did not pay much attention to the pectoral symptoms, the cerebral symptoms were so severe—I did not see him after I sent him to the hospital—he might have had diseased lungs then; I did not examine them—the injury to the head was decidedly sufficient to cause death—it was compound fracture of the skull.
EDWIN BURRELL . I am house-surgeon at Guy's Hospital—the deceased was brought there on 14th January, with a wound on his forehead, and a compound fracture of the frontal bone—he was suffering from disease of the chest, and was in a very debilitated state—there was evidence of an old fracture of the jaw, which was partly united—this was three weeks afterwards—he lingered to the 25th January, and then died—after his death, I made a postmortem examination—he had something the matter with his lungs, which had existed some weeks—that might be occasioned in three weeks at least, possibly more, and possibly not more—I think three weeks would have done it—it is not usual for that kind of disease to be caused by an accident, but an external injury might, by debilitating his system, cause
sympathy in that part, so as to cause him to be affected by cold—I found a compound fracture of the frontal bone, with three small pieces driven into the brain, pressing between the dura mater and the skull, and also a small abscess at the seat of injury, caused by the irritation set up by the pieces of bone—he died of chronic inflammation of the lungs, which was the immediate cause—the injury to the brain might, and in all probability would, have occasioned his death, if it had not been caused by the lungs—the injury to the jaw would not do it—the injury to the skull did not accelerate his death; he died from lung disease.
COURT. Q. Would he have died as soon from lung disease if he had not had the injury? A. I believe not.
Cross-examined. Q. Was the skull trepanned? A. No—it is usual if there is a piece of bone protruding on the brain to raise it—that had not been done—if it had been, he would have had a better chance of his life—I think, if the operation of trepanning had been resorted to, his death would have resulted, because it is a very dangerous operation—the wound itself would not aggravate the lung disease, but it would have a depressing effect on the patient, and might accelerate an existing disease; but it not being trepanned made it much more injurious—there was quite sufficient to cause death in the lungs, even if he had been injured.
COURT. Q. How was it that the injury to the head hastened the mortal effect to the injury to the lungs? A. It produced a depressing effect, which tends to increase disease in any important organ.
MR. WOOD. Q. If a patient died of disease of the lungs, after a three weeks' illness, would not he present appearances of it previously? A. I did not see him three weeks previously—if he had had the disease of which I speak previously, I should expect some one to have heard something about it—I cannot say, if he had enjoyed perfectly good health before, that those symptoms were occasioned on that day or afterwards.
COURT. Q. you say that trepanning would have been a good thing to do to him, but you did not do it? A. We did not know that these pieces of bone were pressing on the brain—trepanning would have been good if we knew what the postmortem examination enabled us to know—he had sufficient chronic inflammation of the lungs to have killed him—he could not have lived for years with that extent of chronic inflammation if he had not met with the injury to the head—I believe the chronic inflammation of the lungs would be aggravated by the injury to the head; it would extend the disease—general depression to the nervous system will affect the functions of all important organs, and render a patient unable to withstand the attacks of disease—when he received the injury to the skull, he might have had some inflammation of the lungs, which might not have been mortal, but which became mortal disease by the injury to the head—he might have had it and not known it, because it was comparatively slight—there was sufficient to cause death without the injury to the head in the condition I found him in—that condition of the lungs was, in all probability, brought about by the injury to the head, more especially when it is borne in mind that the man had not complained of the injury to the lungs before he was struck on the head.
MILES— GUILTY .— Seven Years' Penal Servitude .
MAHONEY— NOT GUILTY .
ADJOURNED TO MONDAY, APRIL 9TH, 1866.