CENTRAL CRIMINAL COURT
SIXTH SESSION, HELD APRIL 9TH, 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
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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, April 9th, 1866, and following days,
BEFORE THE RIGHT HON. BENJAMIN SAMUEL PHILLIPS, LORD MAYOR of the City of London; the Hon. Sir MONTAGUE EDWARD SMITH , Knt., one of the Justices of Her Majesty's Court of Common Pleas; the Hon. Sir ROBERT LUSH, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; WILLIAM TAYLOR COPELAND, Esq.; THOMAS CHALLIS, Esq.; THOMAS SIDNEY, Esq.; Sir FRANCIS GRAHAM MOON, Bart., F.S.A.; THOMAS QUESTED FINNIS, Esq.; WARREN STORMES HALE, Esq.; THOMAS DAKIN, Esq.; and ROBERT BESLEY, Esq., Aldermen of the said City; THOMAS CHAMBERS , Esq., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR, Esq., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
SILLS JOHN GIBBONS, Esq. Alderman.
JAMES FIGGINS, Esq.
HENRY DUFFETT, Esq.
CYRIL MORTIMER MURRAY RAWLINS, Esq.
CENTRAL CRIMINAL COURT.
PHILLIPS, MAYOR. SIXTH 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, April 9th, 1866
Before Mr. Common Serjeant.
332. ROBERT PEARSON (26) , to two Indictments for stealing 16 printed books, the property of Richard Tarrant Harrison; also, 18 printed books, the property of Charles Wordsworth.— Confined Six Months . [Pleaded guilty: See original trial image.]
334. FREDERICK WILLIAMS (27) , to embezzling the sums of 7l. 7s., 2l. 6s., and 3l. 7s., the moneys of Benjamin Spilsbury and others, his masters, who recommended him to mercy.— Confined Twelve Months . [Pleaded guilty: See original trial image.]
335. HENRY ALFRED PARKER (23) , to forging and uttering a request for the payment of 250l.; also, a request for the payment of 350l. with intent to defraud.— [Pleaded guilty: See original trial image.] Judgment Respited .
336. HENRY BAYNES (30) , to two Indictments for forging and uttering receipts for 11l. 12s. 6d., and 5l. 10s. 6d.; also, to altering the said receipts.— Confined Eighteen Months . and [Pleaded guilty: See original trial image.]
THOMAS OFFLOW . I assist my father at the Hope Tavern, Holles-street, Dalston—on Saturday, 3d November, the prisoner came in for two penny-worth of Scotch whiskey—he had been there a few days previously—he gave me a bad 6d.—I gave it back to him, and said that it was bad—he said, "I know where I took it"—he gave me a good shilling—I gave him change, and he left—I gave information a day or two afterwards to Mr. Rawlings, the manager of the Prince Albert.
Cross-examined. Q. Had you known him before? A. No; I know that he lives in Dalston, and have ascertained from his landlord that he occupies a 38l. house.
ELIZABETH DOWSETT . I am barmaid at the Prince Albert, Qneen's-road, Dalston, about four minutes' walk from the Hope—I had seen the prisoner there before 3d March, and on 3d March he came in about 7 in the evening for three halfpennyworth of gin—he gave me 6d.—I bit it—it was soft—I gave it back to him, and told him it was bad—he said he knew where he took it, and should take it back—he paid me with a good shilling—I told Rawlings, the manager, who was lighting the lamp outside the door.
Cross-examined. Q. Has the prisoner been an inhabitant of Dalston some little time? A. Yes; he had been at the house before, and might imagine I knew him—Rawlings knew him.
WILLIAM RAWLINGS . I am manager at the Prince Albert public-house—the prisoner had been there several times, and on 3d March I was outside cleaning a lamp—Offley made a communication to me, and I saw the prisoner go in and come out again, and go to Mr. Pratt's, a cheesemonger, opposite—I followed him in, and when he had received his change and came out, I spoke to Mr. Pratt, who gave me a bad florin—our potman brought the prisoner back—he turned out his pockets, and found a few coppers—I charged him with tendering a bad 6d.—he said, "I have no more money about me; let me go"—I gave him in custody to N 433, who found on him a few coppers and a bad 6d.—he was taken to the station—I laid the florin on the shelf, and saw the policeman take it from there.
MARY PRATT . On 3d March, about 7 o'clock, the prisoner came to my shop for three rashers of bacon, which came to 6d.—he gave me a florin—I gave him 1s. 6d. change, and he left—I then tried the florin, and found it was bad—Rawlings came in—I handed it to him—the prisoner was brought back, and I told him the florin was bad—he gave me a half-crown, and I gave him 6d. change—he wanted the florin back, but I gave it to Rawlings—he was allowed to go, and brought back a second time.
JOHN GOODWIN (Policeman, N 433). On 3d March, I was called to the Prince Albert, and Rawlings gave the prisoner into my charge—I found on him a shilling, and three sixpences, 5d. in copper, and a bad 6d.—I told him it was bad, but he merely laughed—I saw Mr. Rawlings put a florin on the shelf at the station—I took it, tried it and the 6d.—the prisoner had been drinking, but was not drunk—he said at the station, "You had better let me go, old chap, you may as well have a crown as anybody else."
Cross-examined. Q. Did not he say, "Go to my house for my pocket-book"? A. No, but a constable was sent for it, and I believe it came.
NOT GUILTY .
MESSRS. CRAUFURD and SLEIGH conducted the Prosecution.
JAMES BRANNAN . I am employed by the Mint—on Wednesday night, 24th March, about 10 o'clock, I went to the Windsor Castle beer-house, at the corner of Hoxton-square, with Inspector Fife, and policemen Boulby and Miller—on our entering, the prisoner, who was inside the door, immediately stood up, and I said, "Mrs. England, I have received instructions to look after you; you are suspected of dealing largely in counterfeit coin"—I saw her move her left arm under her cloak—Miller seized it, and she dropped from her left hand a paper packet, part of
which fell on the seat, and part on the ground—Fife picked up a portion of it—four packets; one containing seven half-crowns; two containing seven shillings each, and one containing ten half-crowns, separately wrapped up, and on the floor was a loose half-crown and four shillings, all counterfeit—Boulby said, "She has dropped this black bag," meaning the prisoner's daughter, (Seepage 446)—I said, "Pick it up, and give it to me"—he did—I opened it—it contained seven counterfeit half-crowns, separately wrapped, and two counterfeit shillings—the half-crowns and one of the shillings correspond in date with those the prisoner dropped, and paper was lapped between each coin—I took the prisoner to the station—she resisted very much.
Prisoner. Q. Did you send a man into the beer-shop, and tell him he was a maker? A. I spoke to a man named Smith, and said, "I believe you are the maker of the coin found"—I did not, years ago, write and ask you to make an appointment with me—you called at my house, and I said that you must have been mixed up with them, knowing so much about them—I did not meet you in the street and ask you for information, saying that I would pay you exceedingly well—I did not invite you into my bed-room—you have been to my house two or three times for this particular object, and one of the men you came to give information about, attempted to commit a rape on your little girl—His Lordship tried him, and sentenced him to twelve months' imprisonment.
JOHN FIFE (Police-inspector, G). I went with Brannan and the other officers, and saw the prisoner throw a paper parcel from her left hand—it broke, and some coin fell on the floor—I picked up some of it, and handed it to Brannan—as I stooped to see if there was any more, I saw a black bag fall from the prisoner's daughter—Boucher picked it up—the prisoner said that her daughter had nothing whatever to do with it
Prisoner. Q. Was there a man and his daughter there? A. There was a man and a girl; the girl was sitting on a form, about a yard from you.
WILLIAM MILLER . On 14th March, about 9 at night, I was in Hoxton-market, and saw the prisoner and her daughter walking together—I followed them to the Windsor Castle—I then met Brannan—we found the prisoner sitting behind the door—Brannan said, "Well, Mrs. England"—she immediately got up—he seized her right arm, and I seized her left—she dropped a parcel, which burst—Fife picked it up, and I saw the money taken out of it—she was very violent, and said that somebody else had thrown it down—she said, "Allow me to put my shawl on; I have got no more bad money about me"—I told her I could not let her hands go.
Prisoner. Q. Where were my hands? A. When I got hold of you, you were drawing them out from your shawl; you had a little black bag, which you dropped—your hand was not under your shawl when you dropped the packet of money—I drew it from under your shawl—I saw you drop the black bag and the parcel—this is the bag (produced)—you were very violent, and sent the things off of yourself—I saw a girl about a yard and a half from you—she was at one end of the table, and you at the other, both on the same form—there were six people there besides your daughter and the police—I saw the parcel in your hand before you dropped it.
MR. CRAUFURD. Q. What is that black bag? A. One which She brought in her hand through the square—there was nothing in it.
ROBERT BOULBY (Policeman, G 145). I was in Hoxton-market with Miller, and saw the prisoner and her daughter walking together—I followed the daughter, and saw her drop from her dress a small black bag—I picked
it up, and handed it to Brannan—seven half-crowns were found it it, wrapped in a small paper parcel, and two shillings.
WILLIAM WEBSTER . Here are eighteen half-crowns of 1820 found on the prisoner, and seventeen on her daughter; two shillings of 1864 found on the prisoner and twenty on her daughter—they are all counterfeit—some of them found on the daughter are from the same mould as those found on the prisoner.
Prisoner's Defence. I never had them in my possession, neither were they in my girl's possession. She did not go in with me, she came in after me. How is it possible, if my hand was under my shawl, that they could have seen me drop anything?
GUILTY .—She was further charged with a former conviction of a like offence in September, 1863; to this she PLEADED GUILTY.— Five Years' Penal Servitude .
MR. CRAUFURD conducted the Prosecution.
The evidence of James Brannan, William Miller, and Robert Boulby, in the last case, was read over to them, to which they assented.
Prisoner. Q. Was I sitting down or standing up? A. Standing up—I saw a black bag fall from you, at your feet
Prisoner's Defence. I was standing at the bar. He did not see it drop; it was under a form that they picked it up, and not at my feet, and then they took me with my mother.
GUILTY .—Strongly recommended to mercy by the Jury, being under the evil influence of her mother.— Judgment respited .
WILLIAM EDWARD DAVIS . I keep a lodging-house, at 3, Osborne-place, Whitechapel—on 7th March, about half-past 1 in the morning, the prisoner came in for a bed, the price of which was 3½d.—he offered me a bad florin—I returned it to him, and told him to take it elsewhere—he said, "What am I to do? I shall have to walk the streets"—I asked him to let me look at the florin again—I took it, and said, "You shall never again tender this elsewhere, for I will destroy it"—I held it over the gas-burner, and the metal ran down my fingers—I then put it in a shovel, placed it over the fire, and it melted in less than a minute—I threw the refuse down on the oilcloth, and told him to take his florin and leave my door—he left, but was rather noisy outside, and a constable brought him back, and asked if I would charge him, which I did—he said that he received it at, I think, the Bell in Thames-street—I picked up part of the metal, and the constable the rest—I saw the prisoner searched at the station, and another bad florin and 3½d. in copper was found on him.
Prisoner. Q. On the Saturday previous to my being given in custody, did you buy two large brooms? A. Yes; I bought them as hair brooms, but they were jute, and I was taken in with them—I did not buy them of you.
money elsewhere, as he did not require to have him looked up—the prisoner said that he should have to walk the streets—I afterwards saw him outside the door—I took him back to Mr. Davis, who gave him in custody—I picked up some of the melted metal—when the prisoner got outside the door, he put his hands in his pockets—I took one hand, and Mr. Davis the other, and we went towards the station—going along, the prisoner said that if he had known it was bad, he would not have uttered it there, but elsewhere—I found on him a bad florin and 3½d.—I told him it was bad—he said that I might have put what I liked into his pocket while searching him.
WILLIAM WEBSTER . This florin is bad—this metal is the same kind that the florin is made of—there is more tin in it than usual; but the make is not so good, because the metal is rather hard; the coin would not be so likely to deceive the eye, but it would be harder to bite, and it would sound sharper.
Prisoner's Defence. This is nothing but spite on the part of the prosecutor towards me. On the Saturday previous, I was at the Old Cranes with a brush and broom hawker, who I recommended to the prosecutor, and he bought two brooms of him, thinking they were hair; but when he got them home, he found they were only made of grass, or fibre, and were of little or no use. I saw them next day in the prosecutor's parlour, and laughed heartily at his being taken in, though I had no ill-will against him, and he looked very hard at me. On the following Wednesday, he took the opportunity of being revenged on me. I gave him a florin; he took it on one side, and presently he returned, put a florin on the wicket, and said that it was bad. I said that I was sorry for it, and was not aware of it, and that I took it at the Bell. Being a little-the worse for liquor, I did not know that I had sufficient copper to pay for my lodging. He took it again, poured some liquid metal on the floor, and gave me in custody. There is no trace of a florin on it now, as it is destroyed, and the prosecution must be destroyed with it. When the policeman searched me, I asked him to allow me to look at his hands previous to his putting them into my pocket, but he would not. He said that the florin was bad before he tested it.
GUILTY .—He was further charged with having been before convicted of unlawful possession of counterfeit coin in February, 1862, when he was sentenced to Two Years' Imprisonment; to this he PLEADED GUILTY.— Seven Years' Penal Servitude .
NEW COURT.—Monday, April 9th, 1866.
Before Robert Malcolm Kerr, Esq.
MR. COLERIDGE conducted the Prosecution, and MR. RIBTON the Defence.
WILLIAM NEWMAN . I am landlord of the George the Fourth, Kentishtown—on Monday, 5th March, about a quarter to 5, the prisoner came in for a quartern of rum—it came to sixpence, and he gave me a half-crown—I put it in the detector, and it bent—I told him it was bad, and asked him where he got it—he said he had it in change for a sovereign at the green-grocer's
opposite, Mr. Norman's, in the Evenden-road—I gave it him back, and he gave me a good florin—there were two others with him.
Cross-examined. Q. Had you ever seen him before? A. I had; once or twice perhaps—I do not think the detector is strong enough to bend good money in.
HONORA HART . I keep the Falcon beer-shop, Grafton-street—on 5th March, the prisoner came with two others about a quarter-past 5—my house is about two minutes' walk from Mr. Newman's—the prisoner asked the two men what they would have to drink—one said he would have a glass of "cooper," and the other a glass of "bitter," which they had—that came to fourpence—the prisoner said he did not require anything—one of the other men paid for it—the prisoner pressed the others to have some more, and one said, "I will, providing you have a glass with us"—the prisoner then had a glass of bitter ale, and the others had the same as before—the three glasses came to sixpence, for which the prisoner gave me a shilling, which I put in a glass at the back of the counter—there was no other shilling in there—I did not find out that it was bad until the policeman came to me about a quarter of an hour afterwards—I then found that the shilling the other man had given me was also bad.
Cross-examined. Q. Had you known the prisoner before? A. No—they said they should not have come in then, only they saw "Truman, Hanbury, and Co." on the door—he was not drunk—he had a large dog with him, and was very playful with it—he seemed as if he had been drinking.
THOMAS MASON (Policeman, S 28). I went to the Falcon on 5th March, about 7 o'clock—Mrs. Hart gave me a shilling, and at the station she gave me another—I took the prisoner into custody in a room at the Carlton tavern—he had his head on the table as if asleep—I told him I should take him for uttering several pieces of counterfeit coin in the neighbourhood—he said, "I suppose it is all right"—at the station I searched him, and found on him two counterfeit half-crowns, two counterfeit shillings, and nine sixpences, and 1s. 4½d. in copper, good money.
GUILTY .— Five Years' Penal Servitude .
MR. COLERIDGE conducted the Prosecution, and MR. RIBTON the Defence.
GEORGE FREDERICK BINDLASS . I live at 97, Leyton-road, Kentish-town, and keep a chemist's shop—on 21st February, about 2 o'clock, the prisoner came to my shop, and asked for a pennyworth of pills—she gave me a shilling, which I discovered to be bad—I put it in a cork-press, and, with a very slight pressure, it bent in two—I threw it on the counter, and told her it was bad—she said she had received it in change for half a crown on the previous Saturday—she gave me a good shilling, and I gave her change, and she left—I sent my apprentice to follow her.
HENRY WILSON . I am apprentice to the last witness—I followed the prisoner out of his shop, and saw her join a man—they walked together about a quarter of a mile—they parted, and the prisoner went into Mrs. Newton's shop—I saw her come out, and she again joined the man—I went into Mrs. Newton's shop—afterwards I again saw them walking together—I followed them to the Cock at Highbury, where I saw a constable, and gave her in custody—the man had left her before I saw the constable—I followed them about three miles without seeing a constable.
EMMA NEWTON . I am the wife of William Newton, a baker, of 2, Ostend-terrace, Junction-road, about a quarter of an hour's walk from Mr. Bindlass's house—on 21st February, the prisoner came for a penny sponge cake, and gave me a shilling—after she had gone, I found it was bad—I gave it to the constable.
Cross-examincd. Q. How long after did the constable come? A. He came about 7 o'clock in the evening—I had kept the shilling on the parlour mantelpiece—I did not put it with other money.
GEORGE POCOCK (Policeman, N 444). On 21st February, I was on duty at the Highbury Railway Station—the prisoner was pointed out to me by Wilson—I took her to the police-station, where she was searched, and a half-crown, a florin, a shilling, a sixpence, and fivepence in copper, was found upon her—I received this bad shilling from Mrs. Newton.
GUILTY.—Recommended to mercy by the Jury. — Confined Twelve Months .
MARGARET HODGE . I keep a hosier's shop, at 6, Cumberland-terrace, North Fulham—on Saturday, 18th February, the prisoner Thomas came into my shop, and asked to look at some baby's shoes—she had a pair, which came to 4¾ d.—she gave me a florin—I gave her the change, and after she had gone I found the florin was bad—I went out and called after her—she was stopped by a man—I told her she had given me a bad florin—she said, "Oh, have I?"—she went back to my shop, and gave me a good half-crown—I gave the florin to the constable on 21st February.
COURT. Q. Have you any doubt about the prisoner being the person? A. No.
WILLIAM HENRY TUCKWELL . I keep the Seven Stars, North-end, Fulham—on 18th February, about the middle of the day, Thomas came in for a glass of ale, which came to 1½d.—she tendered a florin, and I gave her in change 1s. 6d., and 4½d. in coppers—I put the florin in the till—there was no other florin there—I saw it looked dark, I took it out, tried it, and found it was bad—I told her so, she said she was not aware of it—I returned it to her, and she gave me back the change—she gave me a penny, and said that was all she had—she left, and I watched her, and saw her join another female—I returned to get my coat and hat, and when I next saw her, she was with Dunn—I only lost sight of her for about a minute—I followed the two prisoners nearly half a mile—they separated just before they got to Hammersmith-gate—that is about 120 yards from Hartley's house—I followed Thomas down Munden-street—Dunn went up the North-end-road, where they met again—they stopped and talked for about five or ten minutes—Thomas then went into Mr. Hartley's, the Bell and Anchor, and Dunn into Mr. Lloyd's, the grocer's—I went into the Bell and Anchor as Thomas was coming out—I was showed a bad florin there—Dunn was taken in custody when he came out of Lloyd's shop.
EMILY HARTLEY . I live with my father—he keeps the Bell and Anchor tavern, Hammersmith—on 20th February, Thomas came in for a glass of ale, which came to 2d.—she gave me a florin and I gave her 1s. 10d. change—I put the florin in the till in which there were only a few sixpences—shortly after that Tuckwell came in—I then examined the florin and found it was bad—I gave it to my father, who gave it to the constable.
WILLIAM ANSELL (Policeman,). On 20th February I was on duty in front of Hammersmith police-court—in consequence of information I received, I watched the prisoners—I saw Dunn cross the road to Thomas, and converse with her—they stood still about a quarter of an hour—Thomas went into the Bell and Anchor, and Dunn into the grocer's—Thomas came out and went towards North-end—I followed her, and took her back to the Bell and Anchor—I then went out in search of Dunn, and saw him coming out of Mr. Lloyd's—I told him I should take him in charge for being concerned with a female in passing bad money—he said, "Oh dear me, I am quite surprised"—I produce the two florins—on Thomas was found three sixpences, and fourpence in copper, and on Dunn, four shillings, two six-pences, and a shilling in copper, all good.
Dunn's defence. This female is a stranger to me; she asked me the way to Hammersmith, I told her I was going there, and would show her the way.
THOMAS— GUILTY .— Confined Two Years . DUNN— NOT GUILTY .
MR. COLERIDGE conducted the Prosecution, and MR. PATER the Defence.
SYDNEY POWELL . I am an optician, at 38, Chandos-street—sometimen the middle of January, my wife brought me a crown piece—I was at the back of the shop—I gave her change for it, and put it in my pocket—I had no other crown about me; I afterwards showed it to my son, and we found it to be bad—it was placed on a shelf at the back of the counter—I have not got it here, it was afterwards lost—about half-past three on 22d February, the prisoner came and asked for a sixpenny box of Pharoah's serpents—I told her I had not a sixpenny box, but I had a shilling one—she said, "I will take a shilling box"—I supplied her with it, and she gave me a crown—I examined it, and found it was bad—I called in my wife, and said, "Is this the woman that passed the bad five-shilling piece a short time ago?"—she instantly said, "Yes, that is the same woman"—my daughter, who was in the parlour, called out, "Father, that is the same woman"—I said, "Are you sure of it?" They both said, "Yes"—I sent for a policeman, and gave her in charge—before doing that, I said to the prisoner, "This is the second time you have come this game here"—she said, "No, not me, I have just come from Bath."
Cross-examined. Q. When your wife gave you the crown, were you in your shop? A. No.
SARAH POWELL . I am the wife of the last witness—about the middle of January, the prisoner came and asked for a box of "serpents," which came to sixpence—she gave me a crown, and I gave her 4s. 6d. change I got from my husband, and gave him the crown—on 22d February, the prisoner came again—I am sure she is the same woman that was there in January—my husband served her.
ROBERT MACAIRE (Policeman, F 69). About a quarter to four on 22d February, I took the prisoner in custody—she was charged with uttering two counterfeit crowns—Mr. Powell gave me one crown, which I produce—she said she was innocent of its being bad when she entered the shop, that she had not long been from Bath, and had never been in the shop
before; that she was an unfortunate, and had received the crown from a gentleman the night before—a purse, and threepence in coppers were found on her.
The prisoner's statement before the Magistrate: "When I went into the shop, I was innocent of the five-shilling piece being bad; a gentleman gave it to me the night before; as to going into the shop before, I never did in my life." GUILTY — Confined Twelve Months .
EMMA CROFT . I am housekeeper to Mr. Murray, who keeps the King's Head, at the corner of Chiswell street—between 8 and 9 o'clock in the evening of 24th February, the prisoners came in—Adams asked for some gin and water—I served it—they both drank of it—Adams gave me a florin—I gave her 1s. 9½d. change, and put the florin in the till, which had been cleared just before, and there were no other florins in it—after they had gone, I looked at the florin, and found it was bad—I did not put it in the detector, but I showed it to Mr. Murray, and then put it in the fire—it melted very quickly—on 27th February, the prisoners again came—I recognised them—Adams asked for a half-quartern of gin, and some water, which I served her with—she gave me a shilling,—I tried it in the detector, and it broke in two—I fetched Mr. Murray, who detained the prisoners—I gave the pieces to the policeman—the prisoners said they did not know that it was bad—I told them they had given me a bad florin on the Saturday before—Adams said they were not there on the Saturday.
Cross-examined. Q. Where is this public-house? A. At the corner of Chiswell-street and Whitecross-street—it is a very busy thoroughfare, and on Saturday nights we are very busy.
CHALES HICKS (Policeman, G 225). About 9 o'clock on 27th February, I took the prisoners at the King's Head—I received a shilling from Emma Croft—both the prisoners were searched, but no bad money was found on them.
Witnesses for the Defence.
SARAH FUNNELL . I live at 30, Theobald's-road—I remember the 24th February perfectly well—my sister, Emily Adams, was with me—she came to me about 7 o'clock in the evening—we went for a walk along Oxford-street, as far as Hyde-park, and from there into Piccadilly—we called in two or three public-houses on our way—we returned, and went to the Raglan Music Hall, and were there till half-past 11—my sister was with me till a quarter past 12—I swear that she was with me the whole evening.
Cross-examined. Q. Are you married? A. Yes; my husband is a waiter at Weston's Music Hall—I have not got into trouble about passing a bad shilling at a greengrocer's—my sister is a vellum-binder, and lives in Bath-street, City-road—I live about half an hour's walk from her—she very often calls upon me on a Saturday night—I cannot exactly say the Saturday she called on me previous to this—she sent for me after she was given in custody
—before going to the Raglan, we went into the Lion and Ball public-house in Holborn.
The deposition of Emma Croft being read, stated that she put the florin in the detector, broke it, and then threw it into the fire.
NOT GUILTY .
OLD COURT.—Tuesday, April 10th, 1866.
Before Mr. Common Serjeant.
351. JAMES HYDE (23) , to stealing, whilst employed in the Post-office, a letter containing an account-book; also, a post-packet, containing artificial teeth, the property of Her Majesty's Post-master-General.— Five Years' penal Servitude; [Pleaded guilty: See original trial image.] and
352. JAMES BENNETT (27) , to feloniously forging and uttering an order for payment of 15l. with intent to defraud; also, an order for the payment of 5l. with intent to defraud.— Confined Eighteen Months . [Pleaded guilty: See original trial image.]
353. AMELIA WILKINS (23), and CATHERINE DAVIS (22) , Stealing 1 purse, 3l. 0s. 6d. in money, and an order for the payment of 40l. the property of George Fielder, from the person of Laura Mary Fielder.
MR. COOPER conducted the Prosecution, MR. HARRIS defended Wilkins, and MR. PATER defended Davis.
JOHN BOARDMAN . I am a shoemaker, of 13, Thornhill-terrace, Pentonville—on Saturday afternoon, 3d March, about a quarter to 3 o'clock, I was in Fenchurch-street, and saw the prisoners and two men—the two men left the prisoners, and walked ahead—Wilkins then went up to the side of a lady, and put her hand into her pocket—Davis stood about a yard and a half behind her—Wilkins turned round and said something to Davis, and they both walked away together—I spoke to the lady, and followed the prisoners till I met an officer—the prisoners entered a passage—the officer and I went round, and entered the passage in an opposite direction—as soon as we entered, I saw that the same two men had joined the prisoners again—as soon as the men saw Green enter the passage, they turned round and said something to the prisoners, who ran away—one man seized Green by the collar, and one laid hold of me—I got away in a few minutes, and ran after the prisoners—I saw Green catch Davis in Lime-street—I followed Wilkins, who ran into a public-house at the corner of Lime-street, and out at the side door—I caught her—she was running as hard as she could—I am sure I caught the same person.
Cross-examined by MR. HARRIS. Q. Was there a crowd? A. Not at the time the pocket was picked—the men were not taken.
Cross-examined by MR. PATER. Q. Were there a number of people about? A. Yes—I do not know the prisoners.
WILLIAM GREEN (City-policeman, 230). On 3d March Boardman and I went in search of the prisoners—we found them with two men—when I got into a passage near Lime-street I was stopped by two men—one seized me
and the other seized Boardman—I got away—I took Davis into custody in Lime-street, and afterwards Boardman took Wilkins—I was present when they were searched—on Davis was found 5s. 9d., and on Wilkins 2s. 11d.
Cross-examined by MR. HARRIS. Q. Were you in private clothes? A. Yes.
Cross-examined by MR. PATER. Q. Do you know these women? A. I never saw them before.
THOMAS POTTS . I am a porter at Leadenhall market—I was in Fenchurch Street, and saw a mob in the middle of the road—I picked up a purse with the elastic undone—I looked in, and found a season ticket to the Crystal Palace—I took it to the station.
Cross-examined by MR. HARRIS. Q. Did you see it drop from anybody? A. No—I do not know either of the prisoners.
Cross-examined by MR. PATER. Q. Do you know the lady who has lost the purse? A. No—I did not see her in the crowd—at the time I was in the crowd I knew nothing at all about the loss of a purse—no outcry was raised—I first heard that some one had lost a purse when I got to the market the same day—I took it to the station the first thing on Monday morning—I had it in my possession the whole of Sunday.
LAURA MARY FIELDER . I am the wife of George Fielder, Hertham House, near Chichester—I was in Fenchurch-street on 3d March—Boardman came up and spoke to me—I had a cheque for 40l.: 3l. 0s. 6d. in gold and silver, and a season ticket for the Crystal Palace in my pocket—I had last cognisance of my purse about half an hour before—it was in a portmonnaie in my dress pocket—this (produced) it it—it has my name in it.
Cross-examined by MR. HARRIS. Q. How long before was your purse safe? A. About half an hour before.
Cross-examined by MR. PATER. Q. Was there a cheque in it at the time you last saw it safe? A. Yes—I am quite certain of that.
Cross-examined by MR. COOPER. Q. Do you know Lime-street? A. I know there is such a street—I was in Fenchurch-street, and I had been to the East and West India Dock House—I was coming through Fenchurch-street, on my way to Lombard-street—the cheque has not been presented—it is stopped.
MR. PATER contended that as the prosecutrix had not seen her purse for half an hour, there was no proof that there was anything in her pocket to steal, and if it were said that the prisoner could be convicted of the attempt, Reg. v. Collins and others decided that there must be something which could be stolen. (See Reg. v. Collins, 9 Cox, C. Cases, p. 497, 33 Law Journal, and Magistrates' Cases, p. 177.) The COURT left it to the Jury to say whether they believed the purse remained in the pocket for half an hour after the prosecutrix knew that it was safe.
GUILTY .— Confined Six Months each .
MR. POLAND conducted the Prosecution.
ISAIAH THOROUGHGOOD . I am a constable employed by the Great Northern Railway Company—on the morning of 22d March, between 7 and 8 o'clock, I was in Lower Thames-street, near Billingsgate, and saw the prisoner in one of the London. Chatham, and Dover Railway Company's vans, delivering boxes and baskets of fish which were in the van—I saw him take out several plaice from the boxes, and some soles from pads, and secrete them under the straw in his van—I was in plain clothes—I saw the prisoner take a very large plaice from one of the baskets and hand it to Wells, who hid it under
his jacket and went away with it—a lad named M'Carthy was in the van as guard, and I saw him put some of the soles into a sack which was in the corner of the van—the prisoner then proceeded to deliver the baskets and boxes of fish, and the boy drove the van away with the sack in it, but the police prevented him stopping still, and ultimately the prisoner came up to the van near king William-street, got in, took the reins from M'Carthy, and drove along Thames-street towards Blackfriars—I did not stop the van, but I got up into it, and the prisoner said, "What do you want?"—I said "I am going towards the bridge, give us a ride"—just at that time Jones got up into the van, and I said to Martin, "We are constables"—he said, "I thought you were"—I said, "How many fish have you been stealing this morning?"—he said, "There they are," pointing to where they were under the straw, "there are five or six"—I looked, and said, "There are more than five or six, you are both in custody, charged with stealing these fish, the property of your employers"—I took the prisoner and the boy—I found eight plaice under the straw, and six large soles in the sack—I said, "Is this all you have?"—he said "Yes," but when the inspector ordered me to search him at the station, he took out a handkerchief, and said, "You have not got all; here is a pair here which I did steal, and I intended to take them home to my wife"—I said, "Who is that man that you gave that large plaice to that you took out of the pad?"—he said, "Well, I did take that I know, I do not know him"—from information I received I afterwards went to Wells's address, saw him, and received a plaice, which he admitted to be the same—M'Carthy was afterwards discharged.
Prisoner. Q. Did you see where I delivered the remainder of the fish A. No—you backed your van against one of the other vans of the Company, and put the last of your load in, but you had stolen the fish prior to that—I did not see Batt put some of this fish into your van, but you said that he did—when Wells put the fish under his jacket, you said, "You have no occasion to hide it, the b—s cannot swear to it"—when I asked you who you gave the fish to, you did not say that his name was Wells—you did not say he was a fellow servant of yours, but I have ascertained that since.
DANIEL M'CARTHY . I am twelve years old, and live at Waterloo-buildings, Southwark—I was the prisoner's van-guard on 22d March, and went with him in a van, loaded with fish, from Blackfriars Station to Billingsgate—the fish were in boxes and baskets, with a string over them, and they were directed to people in Billingsgate—the prisoner took several of the plaice out of the pads, and some soles out of the boxes—he put the plaice in the middle of the van, and told me when I got up on the hill, to put the soles into the provender sack—I did so, if I had not I should have been jawed at—the prisoner was the driver—I saw him put a pair of soles in a handkerchief—he put them in his pocket, and said that he was going to take them home to his wife—they came out of one of the boxes—I saw Wells there—the prisoner gave him a big plaice out of a pad—he put it inside his coat, and the prisoner said, "You need not be ashamed of it," and then Wells carried it in his hand—I was taken in custody, and examined as a witness at the police-court.
Prisoner. Q. When did you first know that there were fish in the sack? A. You said to me, "When you get up on the hill, put the soles in the provender sack"—you were not in Batt's van when the policeman turned the horse round, and I took the reins—I do not recollect seeing the porters come up into the van, and take fish out of the boxes—you asked me if I
would have a plaice for my breakfast—I said that I did not know how to cook it, and then you said that I could go to breakfast—I helped you lift the boxes out.
JAMES TYRRELL (Police-inspector, L. C. and D. R.) I went to the police-station, and said to the prisoner, "I am very sorry to see you here, Martin; it is a bad job"—he said, "Yes, it is, but I have told them all I could—I did steal one pair of soles, which I meant to take home to my wife"—I know Wells—he was formerly a carman in the Company's service, but left before this.
Prisoner. Q. When I have delivered any goods, and found anything short or wrong, did I not always report it? A. Yes, I never heard any complaint against you till this, but I directed the officers to search, in consequence of numerous robberies.
Prisoner's Defence. I was rather late in getting to market with the fish, and the porters and salesmen were all round the van in a great hurry after their different masters' fish—I did not load the van, and some of the boxes wanted out first, were at the bottom—I had to take them out one at a time, and some of the loose soles fell out, but I cannot account for, how all of them came at the bottom of the van. I went round with my delivery sheet, and told one or two of them I wanted a little bit of fish, which they have often given me before; one of the men got up in the van with two fish for himself, and I gave him this one in the van for his breakfast. When I asked the boy if he would have a fish for his breakfast, I had not unpacked the van. When I had got rid of most of the fish, I had seven boxes and several pads left, which I put on the other van and rode off. Batt said, "Do you want two or three plaice?" I said, "No, thank you, there are three or four loose in my van now;" but he threw three or four into my van, either because he had heard me ask for fish, or to send the officers after me. I was ashamed to see so many fish in the van, and when the boy was away, I picked them up, and put them into the sack; the boy is made to tell an untruth about them. I took one pair of soles, which I thought I had liberty to do. I should have given the loose fish in the van, which Batt threw in, to the officials at home. If the officer knew the fish were there, he must have seen Batt throw them there. What the officer says as to my telling Wells not to hide the fish, is a palpable falsehood; I told him to take it from under his coat, that he was not to be ashamed of them, as I was not; be was carrying it as if it was stolen. I have never sold a penny-worth of the Company's property in my life. I should have gone home, if the officer would have allowed me. There are half-a-dozen salesman who would give me a dozen fish, if I asked them, therefore I had no occasion to steal any. I have served the Company a long while and faithfully.
GUILTY — Confined Nine Months .
MR. METCALFE for the Prosecution offered no evidence.
NOT GUILTY .
356. CHARLES BEAZLEY (20), and EDWARD MORGAN (18) , Stealing one chest, one tea pot, one coffee pot, and other articles, of Richard Albert Bailey; and WILLIAM BULL (48) , feloniously receiving the same.
MR. METCALFE conducted the Prosecution, MR. GRIFFITHS appeared for Beazley and Morgan, and MR. RIBTON for Bull.
Friday, 9th March, we removed from Ladbrook-terrace to Lansdown-terrace—Beazley was employed to remove the goods, but he had not charge, he was assisting Dagworthy—there was a chest containing plate—that was the only box covered with canvas—I saw Dagworthy place it on the cart—that was the last box placed there, and he fastened it with a rope—I did not discover till the following Sunday that it had not arrived at Lansdown-terrace—the other things arrived safely—there were twenty-six boxes—this is the plate box (produced)—it has General Bailey's town address on it—I had packed it myself with dessert knives, forks, spoons, salt-cellars, a tea service, and other articles, value altogether 70l. or 80l.—all I have seen since is one silver spoon.
Cross-examined by MR. GRIFFITHS. Q. Did your boxes remain until the 11th before they were unpacked? A. The plate chest was not missed—Dagworthy had charge of the things—there were three loads—the second load was our personal luggage, which he was ordered to carry to the bed-rooms, and not to the basement—he and the prisoner were absent nearly two hours, and the distance would not have taken them two minutes—they were all unloaded at 3, Lansdown-terrace, on the 9th, as far as I believe.
MARY ANDREWS . I am a charwoman—I was at work at 3, Lansdown-terrace, when Dagworthy and Beazley brought the luggage, and there was no box with a canvas cover—the second load came a few minutes after 2 o'clock.
CHARLES DAGWORTHY . I am a fishmonger of Notting-hill—I was sent by my master to remove this furniture—Beazly assisted me—when we took the second load to Lansdown-terrace, I took some of the boxes into the house, leaving Beazley in the cart alone—I do not remember bringing any box covered with canvas, or locking it under the cart—I do not know Morgan—I did not see him there.
Cross-examined by MR. GRIFFITHS. Q. Were there other people there besides Beazley? A. I never saw them—they were unkind enough to lock me up for this—I was remanded, and was nine days in the House of Detention.
JULIA WARD . I lived at 3, Lansdown-terrace, at the time these boxes were removed—I remember them coming in, and some time afterwards, about dusk, I went to look for the key of the area gate myself, as it could not be found, and I wanted to have the gate locked—I found this cloth under the area steps.
FRANK HARRINGTON . I am a brickmaker—on Friday, 9th March, about a quarter to 6 o'clock, I found this box under one of the arches of the Metropolitan Railway—I showed it to the police—there was a silver spoon in it, wrapped in paper, which I also gave to the policeman.
ANN REST . I live at 30, St. Katherine-road, Notting-hill—Beazley occupied a room in my house in March—on 9th March another lodger said something to me, and as I was coming through the washhouse, which is under Beazley's room, I heard something clatter—I went into the back parlour and saw Morgan coming down with a bag on his back, which he said was old boots and shoes which the old man would turn into new ones, and he said to Beazley, "If you have any old coats I will buy them," turning his head to look up stairs, where Beazley was locking his door outside—it was only a few steps up—Beazley said nothing—they came down stairs
and went out together—that was about half-past 2 or a quarter to 3 in the afternoon—they went across to Union-street with a bag, and while they were gone the lodger told me something—I went into the room and saw a box on the bed—we raised the lid and looked into it, and saw what it was—I think they had taken the things out in the room—Beazley afterwards returned for the box, and went up stairs—he was coming down with the box on his shoulder, and I said, "Not so fast, Charley, pay your rent before you move your goods—he gave me 2s. and said that it was his sister's box—I said, "You shall not take it now"—he took it up stairs again, and said, "Perhaps you don't pay your rent"—I said, "I pay yours and mine too"—he came down—he and Morgan met at the corner, and when he came back, he gave me 2s. more, and tock me up into his room, and showed me what he would leave for his rent, and there was the box on the bed then—he went out and returned from the opposite side with Morgan—Beazley pulled him by the sleeve, and he shut his hand—he went to the top of the stairs, and afterwards returned again with 2s. more, that made 4s.—he then took the box away—Beazley and Morgan went out first, and Beazley joined Morgan again at Taylor's—he did not come back till Saturday night, when he came in to sleep.
Cross-examined by MR. GRIFFITHS. Q. When you opened the box and looked in, was that before or after he brought it down on its shoulder? A. Before—he locked his door when he came down—one lodger borrowed another lodger's key—I did not break into the room; it was the lodger—it was not at my suggestion; she said she believed that they were taking the things away, and had not paid the rent, and she would put me on my guard; that I was a fool if I did not go in, and she opened the door—I lifted the lid of the box—there was nothing in it at the top.
CHARLES GELATLY KENNEDY . I and my wife carry on the business of a laundry—on 9th March, at half-past 3 in the afternoon, I saw a man carrying a box on his shoulder, about 120 yards from the railway arch—I identified it two hours afterwards—I saw Morgan afterwards bring it from the arch—I failed to identify him at first, but I am now sure he is the man who carried the box—my house is three or four hundred yards from the last witness's, and nearly half a mile from Lansdown-terrace.
Cross-examined by MR. GRIFFITHS. Q. When did you identify Morgan? A. On the Monday, at the Hammersmith police-station—I did not go before the Magistrate—I do not like being here—I have never been here before, and do not wish to come again—I would rather be at home—I never saw Morgan before—I have only lived in Hammersmith five months—he was about five yards from me—I knew him when I saw his side face—there is not a way through the arch, except to a brick-field—two railways cross there.
CHARLES PARRY . I am a stonemason, of 12, Union-street, Shepherd's Bush—I know Morgan—I went with him on 15th March to Bull's house, Princes-road, Shepherd's Bush—Morgan said, "I have been and seen Beazley, who was remanded for stealing the plate, and he requested me to come to you and ask you to supply him with a solicitor—Bull said, "I cannot do so, as I have given very nearly the value of the plate, and it is not like the Cornhill robbery, which was all good stuff to go into the metal-pot, which this will not"—that was said at Bull's—Morgan and I were in Bull's shop—Morgan said, "If you do not get Beazley a solicitor, Beazley will round on you; the landlady saw the box, and she will round"—Bull said, "There is nothing against Beazley, and if he holds his noise, he will get off on Tuesday,
and if it should come to anything, I would not mind being a sovereign towards a Counsel"—Morgan said, "The box has been found under the railway-arch, with one spoon in it"—Bull throw down a florin, and said, "That will get Beazley something to eat"—I left the shop, and Morgan came out some few minutes after me.
Cross-examined by MR. RIBTON. Q. Have you been in work lately? A. Yes, as a stonemason—I had no permanent work at the time, but I had been doing two or three jobs at home—I work for Mr. Thorley, of Shepherd's Bush, and Mr. Taylor, of Acton, on and off; but I have been working for Mr. Banks five years—there are four or five Morgans, brothers—they are stonemasons, and I frequently go to their house—I know nothing about getting a solicitor—I never paid one a fee to defend me—I have never been tried, not for a case of this description—I was once tried for buying a pigeon for sixpence; it turned out that it was only worth fivepence, and I was discharged—I sold it at a poulterer's for fourpence—I was once locked up all night for gambling and getting drunk—I was fined five shillings—I have been convicted of stealing a cocoanut about seven years ago, and got three months and a whipping at Hammersmith—I was fined a sovereign at Acton for getting drunk and doing willful damage in the early part of last year—I have been taken up four or five times—I have never been sent to prison—I never was in Bull's shop before—he has never seen me, to my knowledge—Morgan's mother came to me and said that she had been and seen her son—the police then came to my house, and I gave information—I have not been paid for it, and do not expect to be.
GEORGE URBAN (Police-sergeant, X 10). I apprehended Morgan—I then went to Bull's house on 24th March—he deals in old clothes and boots, and is a general dealer—I was in plain clothes—I asked him if he knew who I was—he said, "Yes"—I said, "Have you bought any plate of any young man lately, about last Friday week?"—he said, "No, I have not"—I afterwards told him I had made a mistake, it was last Friday fortnight—he said, "It is all the same, I have not bought any, and I have not seen any for a long time"—I said, "I have been informed that you have purchased some of a young man named Beazley, and you must consider yourself in custody for receiving things (which I enumerated), knowing them to have been stolen"—he said, "I have not seen any for a very long time of any sort"—I took Bull—he was confronted with Parry at the station—Parry stated what he had to-day, but Bull said nothing—the inspector said, "You hear what Parry says?"—he said, "Yes"—about an hour afterwards, I left a constable in charge of Bull, and searched his house—there was nothing there—that was rather more than a fortnight after the property had been missed—I took Dagworthy on the 11th, and Morgan on the 19th—Dagworthy was discharged by the Magistrate—I told Morgan what I took him for—he said, "I know nothing about it."
Cross-examined by MR. GRIFFITHS. Q. Where was Morgan when you took him? A. Going into the house, which is five minutes' walk from the police-station—I said to Morgan on the 15th, "Will you come into the station, as there is a man there who saw the man who carried the box?"—that was Gelatly, who has been examined—he said that he had no doubt about him—Morgan was then dismissed, and was not apprehended until the following Monday.
Cross-examined by MR. RIBTON. Q. What time did you take Bull to the station? A. Between 7 and 8 on Saturday evening—there were many people there—I had Morgan and Dagworthy in custody, but there was
nobody there but constables when Bull was brought there, except Parry—Bull had not been in custody above ten minutes while we went to the station—I left a constable at his house and afterwards searched it, which took me a long time.
BULL received a good character.— NOT GUILTY . BEAZLEY— GUILTY .*— Confined Twelve Months . MORGAN— GUILTY of receiving.— Confined Twelve Months .
MR. PATER conducted the Prosecution, and MR. W. SLEIGH the Defence.
EDMUND HANCOCK . I am a detective-officer—on 16th March, about 1 o'clock, I was with Other on Ludgate-hill going westwards, and saw the prisoner and two other men there, going towards St. Paul's—Henry went to the right side of a lady—George was on his right; the other two men were behind—the lady turned to look into a shop window, and the other two men got between her and the window, so as to obstruct her—Henry's overcoat was unbuttoned, and the tail of it partly covered his left hand, which was partly in the folds of the lady's dress—I saw his hand go into her pocket—George was then close behind—the lady shifted about a yard further down the hill, still keeping at the same window—Henry still kept his hand in her pocket, and George shifted as they shifted—at that moment, George struck the back part of his person against Henry, and made a noise with his mouth, I presume as a signal, and Henry immediately withdrew his hand—I seized them, and Ober took hold of them at the same moment and spoke to the lady, who put her hand in her pocket and pulled out her handkerchief—being pressed by Ober she felt again, but had not lost anything—the prisoners gave their names at the station, but refused their addresses—they each said they hoped we should be lenient with them, and let them go, and give them another chance.
Cross-examined. Q. How far were you from them at the window? A. Almost touching them—the hand stayed in the pocket about a minute—I was above the prisoners on the hill, we were almost in a group; we came suddenly on them; we had not been watching them—the lady drew a white handkerchief out of her pocket—I don't think a thief would steal that, but he might if he could not find anything else—I have known them to do so.
Cross-examined. Q. Did you hear Hancock say that his hand was in her pocket for some time? A. Yes; when she shifted he shifted, and kept his hand in her pocket; he moved with her.
MR. PATER. Q. I believe in the prisoner's presence you asked her if she would prosecute and she declined? A. Yes.
MR. W. SLEIGH contended that it must be proved that there was something else in the pocket to steal, as the facts negative an intention to steal the handkerchief. MR. PATER submitted that the handkerchief would have been stolen if the signal had not been given.
THE COURT considered that there was no evidence of anything being in the pocket but the handkerchief, and that if the prisoners were attempting to steal that they would be guilty, but not otherwise.
NOT GUILTY .
NEW COURT.—Tuesday, April 10th, 1866.
Before Robert Malcolm Kerr, Esq.
MESSRS. CRAWFORD and STRAIGHT conducted the Prosecution, and MR. COLLINS the Defence.
HERBERT HERBERT . I am shopman to Mr. Taylor of 29, St John-street—on Saturday, 3d March the prisoner came in for a 1d. candle, about a quarter-past eight—she gave me a sixpence which I tried; it bent easily—I told her it was bad and gave it her back—she made no reply but gave me a half-crown—I gave her in change a florin and fivepence in coppers—on the Friday evening she had been in, I saw her served—the till had been cleared before she came in, with the exception of some small silver—after she had gone I found a bad sixpence.
JAMES DALTON . I am in the employ of Mr. Bonner of St John-street, which is opposite Mr. Taylor's—we were displaying some goods on a shutter outside the shop, and the prisoner came and bought a pair of stockings for 2d.—I served her—she gave me a sixpence which I handed to a boy named Piper.
AMBROSE BONNER . I am a draper at 104, St. John-street, opposite Mr. Taylor's oil shop—on Saturday, 3d March, I received a sixpence from the last witness, about half-past eight—I had been watching the prisoner—Ranger came in, and in the prisoner's presence asked if the sixpence was bad—I said, "Yes," and gave her in charge.
GEORGE RANGER (Policeman, 199 G). I have known the prisoner for eight years—on 3d March I followed her to Mr. Bonner's shop—I saw her give something to the boy and I then went inside—I asked Mr. Bonner what she had given him—he said, "A bad sixpence"—he gave her in charge and I took her to the station—I asked her if she had any more silver about her—she said, Yes, she had three shillings—she gave that to a child—I took it away from the child—it was a florin and a shilling in good money—she was searched at the station and I received another sixpence.
CAROLINE CROCKFORD . I am female searcher at the Clerkenwell police-court—the prisoner was brought there on 3d March—I searched her and found a bad sixpence, fivepence farthing in copper, and this piece of soap—I said to her, "Here is a sixpence and fivepence in copper"—she said, "I did not know that that was there, or I am d—if you should have had it, for that will sell me"—she tried to get it out of my hand—I gave it to the Inspector.
GUILTY .— Confined Eighteen Months .
MESSRS. CRAUFORD and COLERIDGE conducted the Prosecution.
DANIEL WOODS . I keep the Dorset Arms beer-shop, Tooley-street, Whitefriars—the prisoner came into my house about a quarter to nine in the evening of 23d March, for half-a-pint of sixpenny ale and a loaf and cheese which came to threepence—she gave me a florin and I gave her the change—the florin I put in the till—there was no other there—no one else served in the shop but me up to half-past eleven, and I took no other florin
—the next morning I found the florin to be bad—next night she came in again for a glass of sixpenny ale and a biscuit which came to twopence halfpenny—she gave me a bad crown—I asked her where she got it, and she said she had got it, unfortunately, in the street—I gave her into custody—when she came in the second time I recognised her as having been in the night before.
WALTER CHARLES VINING . I am a law-writer, and lodge at. Mr. Wood's—about a quarter to nine on Friday night I was sitting in his parlour—I could see into the shop—the prisoner came in and asked for a glass of six-penny ale, Mr. Wood served her—she also had a small loaf and cheese—I saw her give him a florin.
JOHN ANDREWS (City-policeman, 223). I took the prisoner on 24th March—I charged her with uttering this counterfeit coin (produced)—she denied passing the florin and crown—she was searched and twopence was found upon her.
The Prisoner's statement before the Magistrate: "All that I have got to say is that I took the five shillings unfortunately, and the two shillings I know nothing about." GUILTY .— Confined Twelve Months .
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
CHARLES ROBERT BRISTOW . I assist my father, a chemist and druggist, of Queen's-road, Notting-hill—on 23d February the prisoner came in for twopennyworth of oil of tar in a bottle, and a piece of wool—that came to threepence—she gave me a crown, and I asked father for the change which I gave to her and she went away—after she had gone I gave the crown to my father, he said it was bad—I fetched a constable and father gave the crown to him.
JONATHAN BRIGGS FLETCHER . I am a chemist, of St. John's Wood—on 9th March the prisoner came for twopennyworth of oil of tar in a bottle, and some cotton—she gave me a crown which I discovered to be bad, almost before she left the shop—she was leaving the shop and I went after her—my shop is large and I had some distance to get to the door, and when I got there I could not see anything of her—I wrote to the police and gave the crown up.
ARTHUR SANGSTER . I am a chemist, of 27, High-street, St. John's Wood—on 24th March the prisoner came for an ounce of lozenges, which came to fourpence—she gave me a crown—I found it was bad and told her so, and as far as I can recollect she denied it—I sent for a constable and gave her in charge with the crown.
SYDNEY MARKS (Policeman, 118S). I was called by Mr. Sangster on 24th March—he handed me this crown and gave the prisoner into my custody—I asked her where she got it; she said she had had it given to her—I asked her where she came from; she said that was no business of mine.
GUILTY .— Confined Eighteen Months .
MESSRS. COLERIDGE and STRAIGHT conducted the Prosecution, and MR. METCALFE the Defence.
JOHN CHARLES HALLIDAY . I am assistant to Mr. Haynes, of 3, Clare-court, cheesemonger—on 19th March the prisoner came for two nice eggs for twopence—she gave me a shilling, which I put in the till, there was no other shilling there—I gave her fourpence in silver and sixpence in coppers—after she had left the shop I found the shilling was bad—about five minutes afterwards she came back and asked for two nice duck's eggs, which came to twopence halfpenny—she gave me another shilling which I found to be bad—I told her so, and that it was like the one she had given me just before, and that I should send for a constable—she said, "Do not do that, as I have got some children sick at home and my husband is bad—I will find someone to give me a character—I sent for a constable and gave the two shillings to him.
Cross-examined. Q. Did you not hear her tell the constable who she was? A. I heard her tell him some name—she wished me to go with her, but did not tell me where.
THOMAS GROVE (Policeman F 83). Halliday gave the prisoner into my custody on 19th March—he charged her with uttering these two bad shillings—on the way to the station she said she was not aware they were bad—she was searched, and 6s. and a farthing in good money were found upon her.
Cross-examined. Q. Did she ask you to go with her and see where she lived? Q. No—I believe she asked the shopman to go—she gave me her name and address.
The Prisoner received a good character.— NOT GUILTY .
MESSRS. COLERIDGE and STRAIGHT conducted the Prosecution, and MR. MONTAGUE WILLIAMS the Defence.
HENRY ALLEN . I am assistant to Messrs. Punt and Co., 187, Oxford-street—on the 15th March Edwards came in and asked for a twopenny lead pencil—he gave me a shilling, which I found to be bad—I told him so—I threw it on the counter—he picked it up, and said "Dear me, I have only just taken it"—he gave me a good shilling, and I let him take the bad one away—this is the pencil that I served him with.
Cross-examined. Q. Had you ever seen him before? A. Never.
FREDERICK WILLIAMS . I live at 19, Conduit-street, Westbourne-terrace—on the afternoon of 15th March Edwards came in for a twopenny drawing-pencil—he gave me a shilling, which I tested and found bad—I told him so, and gave it him back, and he paid me with good money—I afterwards went out of my shop, and saw Edwards in company with Harrison; they were walking together—I pointed them out to a constable.
Cross-examined. Q. Had you ever seen Edwards before? A. No.
JAMES HOBBS (Policeman, X 178). The prisoners were pointed out to me by Mr. Williams on 15th March—I spoke to another constable named Dougal—he went towards them—they were then at the corner of Charles-street, where they parted, and Edwards went on to the platform of the Great Western Railway—Dougal followed him—he then came back and
apprehended Harrison—I saw Harrison put his hand to his mouth, and swallow something—it souuded like coin.
SAMUEL DOUGAL (Policeman, X 147). On 15th March I was on duty at the Great Western Railway—the prisoners were pointed out to me in Charles-street, Eastbourne-terrace—I followed them—they parted, and Edwards went on to the Great Western platform—I went up to Harrison, and said, "I shall take you into custody for passing bad coin"—he. said, "Who are you?"—I said, "I am a constable in plain clothes"—he then put his left hand to his mouth, and swallowed something—I caught hold of him by the throat, and some one passing said, "You will choke that man, let go you vagabond"—I took from Harrison's right hand a bad shilling (produced)—I then went and apprehended Edwards—I told him I was going to take him into custody for being concerned with another man now in custody for passing bad coin—he said, "All right; you will find no bad coin on me—they were taken to the station, searched, and on Edwards was found a half-sovereign, a crown, a half-crown, seven sixpences, and 9d. in coppers; on Harrison was found two half-sovereigns, three half-crowns, seven sixpences, two fourpenny pieces, three threepenny's, and 4s. 1½d. in coppers—I found one pencil on Edwards, and two on Harrison—the one identified by Mr. Allen was found on Harrison.
GUILTY . **— Two Years each .
OLD COURT.—Wednesday, April 11, 1866.
Before Mr. Justice Smith.
MR. LILLEY conducted the Prosecution, and MR. RIBTON the Defence.
GUILTY of endearouring to conceal the Birth.— Six Months.
359. JOHN WRIGHT (33) , Feloniously killing and slaying Louisa Dewer. He was also charged in the Coroner's inquisition with the like offence. MESSRS. RIBTON and COLLINS conducted the Prosecution, and MR. METCALFE the Defence.
HERMAN FINCH . I am a die-sinker, and live at 51, Green-street, Stepney—on Saturday, 3d March, I was at King's Cross, opposite the Great Northern Railway, at the corner of the triangle—the street there is about 36 feet broad—I saw the deceased on my left as you come from the railway—she touched my left arm—she was coming from the railway side, and stepped into the gutter to cross the road—she had an umbrella in her right hand and a tin can in her left, and was walking at a moderate pace for an old lady—I looked right and left, but saw nothing coming—when she had got about 15 feet, or nearly half-way across, a cart came along very fast, which the prisoner was driving—the horse was running at much the same pace as those steam fireengines go to a fire; that is the only thing I can compare it to—I am not a judge of miles—it was a very fast pace—I live close to the Wellclosesquare fireengine station, and have an opportunity of judging—the horse was running—I understand it must either be a gallop
or a trot, I cannot decide which it was, so I give it in favour of the prisoner, and say that it was a trot—when the old lady was half-way across the road the horse knocked her down, and the off wheel went over her head and crushed it—I ran up, expecting to see her alive, but she was dead to my belief—it was a common two-wheeled cart, drawn by one horse, and I understand from the prisoner that there were two cases of rabbits in it—the prisoner stopped about 27 yards in front, and I went up to him—I did not know him before—I said, "Tom, you have run over this poor woman, and the best thing you can do is to get down and go back"—he said, "Have I? I could not help it; I tried to pull up," or words to that effect—it is two months since the accident—the prisoner was partially drunk—I went to the station, and then to the hospital.
Cross-examined. Q. Did you go before the Coroner? A. Yes, and the Magistrate also, and I said before them both that the prisoner was inebriated—I have not heard any one say that he was not—I did not see him till after the accident—I did not notice his countenance, but I noticed that he was in a state of drink, beer, or something else—I smelt his breath very strong at the police station—a number of people were present soon after the accident, and some went to the station who I have not seen since—a great many of them were called before the Coroner as witnesses; but they shirked out of it, I am sorry to say—I called the prisoner Tom—I did not know him before—it is a familiar way I have of speaking to any man, just what I should say to you if I were to meet you in the street—it has been said that I was in liquor, but I can certainly say that I was not—I had not taken any liquor that day—Mr. Bond, I believe, made the remark that I was drunk—several other people did not say so—the accident was at half-past 2—I have had half a pint of porter to-day, and a glass of stout besides—I had not just had my dinner when the accident occurred; I had had nothing to eat or drink—I had had no breakfast—I generally make it a rule to have no meals at all till I have done my work; I do not know how it is with you or anybody else—I finish my work at all times—if I do not finish my work till 6, it has nothing to do with the case whether I have anything to eat or not—that is true, if you like—if you put any question to me, I will answer it.
COURT. Q. You have got into a scrape by talking too much? A. Witness. Yes, it is a foolish thing on my part—I had had no beer or spirits that day.
WILLIAM COOK (Policeman). On 3d February I was in the Caledonian-road, and saw the prisoner driving in a cab along the Pentonville-road, towards King's Cross—he was nearly level with me before I saw him, the horse was galloping—I shouted to the prisoner; he drew the horse up a little and it trotted, but continued at a very fast trot then—I am not much of a judge of pace—I went in a contrary direction, and in three or four minutes I heard that somebody had been killed—I went to the station with the prisoner and was with him at the hospital, that was a quarter of an hour or twenty minutes afterwards; he appeared to be under the influence of drink; I did not smell his breath—I say that he was not sober—except in driving by, I did not see him till after the accident—I judge from what I saw at the hospital—he did not know that the woman was dead till he had been there a few minutes; he knew she was run over—he was agitated—I am prepared to swear that the whole of his excitement was not from agitation at what had taken place—I was before the Coroner, a great many people were called, some of whom saw it, and some who said that they saw it.
Cross-examined. Q. Was Charles Miller of College-terrace examined before the. Coroner? A. I do not recollect the name nor that of Michael Barton, but I was not in the room when they were all called—I know one lady was called, but do not know whether it was Eliza George—John Bushell was called, he is here, but I have not brought him as one of my witnesses.
MR. RIBTON. Q. Was the prisoner himself examined? A. Yes—a number of witnesses were called on his behalf.
WILLIAM PHILIPIN LANE . I am a traveller of 55, Platt-street, Camdentown—I was in the Euston-road about half-past two, just in the act of crossing the Caledonian-road, and heard a vehicle coming at a furious rate—I turned round and saw the prisoner driving the cart at the rate of twelve miles an hour, a lad was in the cart with him—I am a judge of the pace of a horse—I was walking at the rate of five miles an hour and I commenced running, which increased my pace to eight, but I could not get anywhere near the cart, which convinced me that the man was going at twelve miles an hour—I followed it because I anticipated that an accident would occur from the furious way he was driving, and also because he was on the off-side instead of the near-side—I heard a crash, followed on and saw something in the road, which, as soon as I got up, the off wheel was in the act of passing over; it was the poor woman's head—I saw that her blood and brains were gone—her face was completely smashed, and I saw part of the blood and brains on the wheel—the prisoner got out of the cart and left the lad in it; he got out to see what had occurred—I sent for a policeman, one he had passed and one came from the palings opposite the station—the prisoner was drunk.
Cross-examined. Q. Is there any doubt about that? Not the slightest—he only appeared to me to be excited or agitated from drink—I waited till the cart passed me and then I began to run—the wheel was in the act of passing over the head as I got up to it—I cannot say whether the horse was trotting or galloping—I have said all through that the prisoner was on the wrong side of the road, and I was asked at the police-court which was the off side and which was the near—I am speaking of the narrow crossing between the palings and the road—there is a triangle between the Station and the Euston-road, which is thirty feet across, and the woman had got into the centre; this happened in the Euston-road—the cart was coming towards the Euston-road.
COURT. Q. How far was it from where you first saw the prisoner, was it to where he ran over the woman? A. Perhaps eighty or ninety yards; she was dead before she was removed from the road.
CHARLES GIFFORD (Policeman, 228 Y). I was on duty in Weston-place, and from something I heard I went into Euston-road and saw a crowd—I took the prisoner there and sent the woman to the hospital—when I arrived at the hospital with the prisoner the woman was dead—I then conversed with the prisoner and saw that he was drunk—I said, "This is a sad job, and what makes it still worse is you are drunk"—he said, "No, I am not drunk, it is true I have been drinking"—I took him to the station—he said on the way there, "This is a bad job; I saw her, I called out; I could not pull up; I pulled up as soon as I could.
Cross-examined. Q. You allowed him to drive the cart to the hospital, I believe? A. Yes; not perceiving the state he was in till I arrived at the hospital—I thought it might be excitement till I got to the hospital: we scarcely had two words, I merely said he must accompany me to the
hospital; I was close up to his cart at that time—I then thought it was excitement—this happened nearly in the centre of the road.
FREDERICK GIBSON (Police-inspector, Y). On 3d February the prisoner was brought to the station and charged with running over the deceased; he was too drunk for me to send him before the Magistrate—I told him that it was a very serious matter, and that it made the matter worse for him, the fact of his being drunk—he said, "I am not drunk; it is true I have been drinking, but I am not drunk."
Cross-examined. Q. Was there a person named Bushell there? A. Yes; I asked him whether the prisoner was drunk, and he said, "I am a teetotaller, so I cannot tell."—Policeman 228 said, "Would you say that he was sober?" Bushell said that he would not—that discussion went on about four minutes—we are as liable to make mistakes as other people—no doctor was called in to see him—I have no doubt he was drunk—when he said that he was not drunk he said something about having disease of the heart or palpitation.
WILLIAM FORSTER . I live at Hanley-road, West Hornsey—I was waiting for a buss and saw the prisoner drive by at the rate of ten or twelve miles an hour, flogging his horse, which was galloping—I was seventy or eighty yards off and did not see the accident, but I was up about two minutes afterwards—I saw the prisoner, he looked as if he was intoxicated.
Cross-examined. Q. Where was he coming from? A. Across the bottom of the Caledonian-road, seventy or eighty yards from the triangle.
Court. Q. Were there many carriages about? A. There were two Hansom's cabs, and he passed by them as if he wanted to get by, and one of the drivers nodded to him—I did not notice whether the Hansom's cabs had fares in them or whether they were plying.
EMILY COTTEKELL . I am the deceased's daughter, her age was seventy-six; her name was Louise Dateri, she was the widow of a Belgian courier—she was in the habit of going out alone, and was able to do so.
Cross-examined. Q. I suppose she had some difficulty in getting about? A. Not the slightest, or else I should not have let her—it is not likely that she was as active as I, but she was very well or I should not have trusted her alone—she could walk like other people.
Cross-examined. Q. Have you been examined before? A. No; I was ordered by my inspector to be here to give evidence if I was called upon—I saw that the prisoner was drunk as soon as he was placed in the dock. Witnesses for the Defence.
JOSEPH WILLIAM DONOVAN . I live at 47, Crowndale-road, Oakley-square and am in the employ of Messrs. Tabbins, egg merchants—on Saturday, 8th February, the prisoner came to me at St. Katharine's-wharf; some business passed between us and he left me, between half-past one and two o'clock, in a cart, containing rabbits in cases; he was quite sober—he had been in the employ of Messrs. Tabbins eighteen months—a young man named Cooper was with him as an assistant when he left—he was not the last to leave; I think there were four or five after him; he was going to the Notting-hill district—he had not to deliver the things by any particular time; it could be done up to any time of night.
Cross-examined by MR. RIBTON. Q. You say that three or four left after
him? A. Yes—I did not say before the Coroner, "Wright was the last to go."
JOHN COOPER . I live at 14, Butler's-buildings, East Smithfield—on Saturday, 3d February, I was in St. Katharine's-docks with Wright—I left in the cart with him; he was quite sober—he stopped at the Woolpack in the Minories, where we had a pot of beer between four of us, and in Wellington-square, where we had a pint between two of us—from there we went up Bagnigge-wells-road—when we ran over the woman we were going at seven or eight miles an hour, not more than eight miles—I saw the woman as far in front of us as from the clock to here—I called out and so did Wright, but she took no notice—Wright tried to pull up all he could, but was not able; he pulled up about six feet afterwards, and stopped the cart of his own accord after the accident—he drove the cart to the hospital.
Cross-examined. Q. Are you in the prisoner's service? A. No—I was never employed by him before, but I was on that day—he paid me for the day what I agreed for
MR. METCALFE. Were you only employed by the job? A. No—I did not know him before; he was a perfect stranger to me—I am a water-side labourer—I have been in his employ two or three days since, but have no interest in the case.
JAMES KEELEY . I am a cab driver, of 21, Montpellier-terrace, Notting-hill—I saw the cart coming along Euston-road, and when it got within eight yards of the deceased, the driver called to her to stop, and pulled the horse up at the same time, but she was knocked down and the cart passed over her—I was about twenty yards off—the cart was going six or seven miles an hour—I am a cab driver and accustomed to horses—when he called out the woman seemed to take no notice, and then she seemed to wake up suddenly when the horse was upon her, as if she was deaf or deeply in thought—I saw Wright; he was perfectly sober—I believe he stopped the horse as soon as ever he could—I gave evidence before the Coroner.
WILLIAM FRANCIS WHITE . I am a cheesemonger of 310, Grays-inn-road—I saw the prisoner driving the cart immediately after the accident—he was certainly not drunk, or anything of the kind—I was afterwards the foreman of the Coroner's jury.
Cross-examined. Q. How near were you to him when you saw him in the cart? A. As near as I am to you—I was outside my door, he merely passed me, that is all I saw of him.
WILLIAM FITZGIBBON . I live at 46, Fenchurch-street—I did not see the accident—I took the deceased to the hospital—I saw the prisoner, and in my opinion, he was perfectly sober—he was not more agitated than a person would be in running over any one.
Cross-examined. Q. You merely saw him in the cart? A. Yes, he drove to the hospital with the policeman—I did not speak to him, but I heard others do so.
JOHN BUSHELL . I live at 8, Sutton-street, and am a watchman in the employ of the Midland Railway Company—I was so near to the cart, that I saw the shaft catch the woman, and knock her down, and the wheel went over her—the man in the cart called out several times, and he seemed to be holding the reins in his hands as hard as he could, trying to stop the horse—she had ample time to get out of the way, if she had heard him—I did not see him till he was in the act of pulling up—the pace was very slow then, because it was partly stopped—he pulled up directly after the accident, and drew up at the side, it may be as far off as from you to me—I pro-nounced
him sober—I walked with him to the station side by side—the sergeant at the station asked me if I thought he was drunk—I said I should think not, but, my being a total abstainer made other people better judges than me—he said that he had been drinking, but was not drunk—he did all he could to stop the accident—there was, I think, one other cart passing at the time, and others were near, going to and fro—I was called by the police before the coroner—I have not been examined since, nor has any one been to me till I received this paper to attend here.
Cross-examined. Q. Do I understand you to say that you did not think yourself qualified to say whether the prisoner was drunk or sober, because you are a teetotaller? A. I said, that I thought I was not qualified—I saw the cart not many yards before it caught the woman, but cannot say at what pace it was going—I did not say before the Coroner, "The cart was going very fast;" I said that it was not going very fast.
THOMAS HARDING . I belong to the Ragged-school shoe-black brigade, and am going on for 14—I was at the Triangle, and saw the woman crossing the road—I saw the cart coming, but not very fast—the driver hallooed out "Height!" more than once, but the woman seemed rather deaf, and 1 halloed out "Height!"—the man could not pull up any faster than he did—a cab was coming by, and the lady staggered back and fell—the prisoner was coming the other way with his cart, and he did not know he went over her—she was trying to avoid the cab—I think he tried to stop the cart as much as he could.
CHARLES SUTTON . I am a clerk of 6, College-terrace, Islington—I saw the prisoner at the hospital—there were symptoms of agitation about him, but in my judgment he was perfectly sober—1 was present when he said to the constable, that he had done all he could to stop the horse.
Cross-examined. Q. Did you see the accident? A. No—I followed the cab to the hospital, and my friend went with the woman, as the police asked somebody to go—I am not a friend of either party, nor is my friend—I did not have a word with the prisoner—I merely saw him get out of the cart at the hospital gate.
JOHN THOMAS OLDHAM . I am a book-binder, of 4, Hand-court, Holborn—I saw the woman crossing the road on the opposite side to me, and heard the prisoner call out to her—I looked up, and saw him pulling the horse with all his force—he called to her a second time, and made a stop—she made a start to cross the road again, the shaft knocked her down, and the accident occurred—I saw the cab coming in the other direction—the cart was going at about eight miles an hour—the prisoner was in a state of confusion, but he was quite sober—he was a perfect stranger to me.
Cross-examined. Q. When yon first saw him, was he in the act of pulling up? A. No, but he hallooed out, and then I saw him pulling up—even when I saw him, he was going about eight miles an hour—I did not speak to him that night.
ELIZA GEORGE . I lived in Grays-inn-road, and could see the place where the accident occurred; it was a few yards from my window—I saw the cart coming at about an omnibus pace, and saw the woman crossing—she appeared to walk very feeble, and to be deaf, because the driver shouted very loud, and she did not seem to hear—I saw him pull his horse up, but it knocked her down, and one wheel went over her head, and the other over her feet—she had a can in one hand, and an umbrella in the other—she never moved afterwards—the driver was evidently trying to pull up, and immediately after the accident he jumped out of the cart, and went to the woman—he did all he could to avoid the accident.
JONATHAN HAYLE . I am a provision-merchant, of 34, King-street, Clerkenwell—the prisoner was in my employment, and has continued so while he has been out on bail, and up to this time—I went to the station, and saw him about half-past 4—I found him perfectly sober as far as I could judge, they would only let me speak to him through a hole, but his mouth came in contact with my nose, and I must have smelt him if he had been drinking—his character is very steady—he has been twelve months in my employment.
GUILTY .— Confined Eight Months .
NEW COURT.—Wednesday, April 11th, 1866.
Before Mr. Justice Lush.
MR. MOIR conducted the Prosecution, and MR. LAWRENCE the Defence.
THOMAS LEFLEY . I am a shoemaker of 16, Woodfield-place—on 19th February, I was going over the lockbridge, Harrow-road—I heard a man say, "Anybody putting their head above the bridge, I will shoot them"—the voice appeared to come from the towing-path—I was going to put my head over, and he shot me directly in the forehead and eyes—I was quite conscious—I was about the middle of the bridge—I was picked up, and taken to Mr. Naeway's, the surgeon, and from there to the hospital.
Cross-examined. Q. Did you see who fired the gun? A. No; I know nothing of the prisoner, and have never seen him.
WILLIAM ADDSHEAD . I am a clerk, in the service of the Great Western Railway Company, and reside at 28, Woodfield-place—on the night of 19th February, I was returning home, and on arriving at the lockbridge in the Harrow-road, I saw a quantity of people looking over—I looked over, and saw a man on the towing-path, and a woman on a boat using abusive language to each other, and calling each other filthy names—the man went on to the boat—he and the woman went into the cabin, where I heard them quarrelling—the man came out of the cabin; his feelings appeared to be very much cut up, and he said, "If ever a poor fellow was bothered with such a thing as you are, I am"—he did not appear to be addressing anyone, but apparently giving vent to his own thoughts—he also said, "You have been getting drunk all day, and I have been hard at work"—some one on the bridge spoke to him, and he said, "Hold your noise; if you don't, I will soon fetch something that will reach you a long way off"—another person on the bridge said, "If you have got fire-arms, you have no right to make use of them"—the prisoner said, "Put your b—head over, and see how soon I will do for you"—at that moment a crowd of men and boys were coming over the bridge, and they commenced jeering—the prisoner darted down into the cabin, came out again, stepped on to the towing-path, and about a minute and a half afterwards, I saw a flash, and heard the report of a gun—I then saw the boy Lefley drop down on his face, about three yards from me—I put my hand to his head, and found it was covered with blood—I raised an alarm, and a constable and I ran down Brindley-street,
and met the prisoner on the towing-path—he said, "I am the man that fired the gun"—I assisted to take him to the station—I recognised him by his voice.
Cross-examined. Q. When you met the prisoner on the towing-path, he was walking, I believe? A. No; he was standing still, and appeared very excited—he was very much cut up—I never saw him before—he was not sober—he appeared to be recovering from a state of drunkenness.
COURT. Q. Was the plaintiff one of the persons jeering? A. No—he had not been there long enough—the first person that spoke to the prisoner did not see him, but gave him some good advice—I could not say what he was doing the minute and a half before I saw the flash.
Mr. MOIR. Q. What time was this? A. Between 11 and 12 at night
HERBERT BUTT (Policeman, X 40). On 19th February, I was at the corner of Westbourne-terrace, North Harrow-road, when I heard the report of a gun—that is about 300 yards from the lockbridge—I ran towards the bridge, and met Addshead running, calling out "Police"—he said a boatman had shot a man on the bridge—I asked where the man had gone—he said, "He has gone on the towing-path, towards Kensal New Town"—I ran down Brindley-street, and saw the prisoner walking towards Kensal New Town—I asked him if he was a boatman—he said, "I am"—I said, "Are you the man that fired the gun?"—he said, "I am"—I told him I should take him in custody—he said he would go quietly—he also said, "They are always hissing at me when I pass the bridge, and if I die to-morrow, I am the man that fired the gun, and it serves them b—well right—I nicked the gun, and it would not go the first time, but the second time it went"—I asked him where the gun was—he said he had put it outside the cabin, and the constable went for it; I saw it at the station, and it was then unloaded.
Cross-examined. Q. Was he not very excited. A. Yes, he was all of a tremble.
GEORGE WILLIAM ROCHE LYNCH . On 19th February, I was house surgeon at St. Mary's Hospital—Thomas Lefley was brought in there about midnight, suffering from a gunshot wound on the forehead and face—there were marks of about twenty shots in the upper part of his skull—his eyeballs were both penetrated by shot—the left eye-ball was protruding on the cheek—he remained in the hospital about five weeks—he is now totally blind. The prisoner received a good character.— GUILTY .— Seven Years' Penal Servitude .
FREDERICK FIELD WHITEHURST . I am the manager of the Daily Telegraph newspaper—the offices are in Peterborough-court, Fleet-street—Mr. Joseph Ellis is the registered proprietor—the premises are very extensive—this model (produced) is a correct representation of those portions of the premises where the fire occurred—the prisoner was employed by the proprietors of the Daily Telegraph as timekeeper, and had been so for about five months—his duty was to book the time of the men in and out to their work, and also to carry messages to the foreman of the paper department—he occupied a little box here, and this is the staircase to the paper-room—workmen going
to the machine-room would have to pass him—the paper-room contains paper ready for printing—on Saturday, 24th March, shortly after five o'clock, I heard that the premises were on fire—I was on my way home—I returned to the premises, and immediately went to the paper-room, which is the top room—the fire was then under control, the principal flames being extinguished, but both rafters and paper were alight—I examined the room, and found that the fire had taken place in a corner, and also near the wall—they appeared to be two distinct fires—there was a fire on the 10th, of which this report was made to me by the prisoner on the 12th—(Read: "F. F. WHITEHURST, ESQ. Sir,—A fire having occurred this (Saturday) afternoon in the Old Building, No. 4, Peterborough-court; and I, having first discovered and extinguished the same, I thought it my duty to report it to you. It broke out about four o'clock, in the basement of the building, and consumed the shelves, joists, and ceiling of the room in which it occurred. I also recommend to your notice the conduct of John Mayne, the machine-cleaner, who acted with great discretion, and assisted me to extinguish the flames, which threatened to be rather serious.")—that is correct—the damage done on this occasion was upwards of 1,000l.—there was no damage of any consequence done on the first occasion—on receiving that report, I examined the basement, which is unoccupied, and nearly opposite the time-keeper's lodge—I found there had been a fire in three distinct places, they having no connexion with each other—that fire took place also on a Saturday, and about the same time—the cupboard and joists of the ceiling had all been on fire—the premises are insured in the Globe and other offices, and these are the policies representing them (produced)—the prisoner kept the only key of the cellar where the fire originated.
Cross-examined. Q. Where was this key kept? A. I do not know—he had charge of other keys—they were kept, I believe, in his lodge—there is no storey above the paper-room—the light is admitted into the room by windows in the roof—there are windows also at the side—the press-room is not shown on this model; it as reached by a small foot-bridge—I have been manager since Christmas, and during that time the prisoner has always conducted himself properly—I believe the proprietors received some threatening anonymous letters before my time—I believe there had never been any fire on the premises until the prisoner was engaged—I have made inquiries—I am not aware that three persons were discharged last year for misconduct.
EDWARD BRAND . I live at 14, Warner-street, Whitefriars, and am in the employ of the proprietors of the Daily Telegraph, as foreman of the white paper department—I have been there about three and a half years—on 24th March, I left the premises at 4 o'clock—I was last in the publishing office—I left the paper-room, I think about half-past 3—a young man named Hamilton was there then—there was no fire or gas burning, nor had there been any during the day—the prisoner had no business in the paper-room, only to deliver messages to me—when I left, I passed through the prisoner's room, but I cannot say whether he was there or not.
Cross-examined. Q. When did you hear of the fire? A. About half-past 4—there is a night timekeeper named Holt—I do not know whether he is here—the prisoner's hours were from 8 in the morning till 8 at night, and between those times it is Holt's duty to be there—the prisoner has on one or two occasions taken Holt's place, and allowed him to be absent—I know that certain persons were discharged last year for misconduct—I did not hear of any threats or anonymous letters until I was at the Police-court—the
prisoner had charge of the keys of certain premises, and I think it was his duty to see those premises safe—the keys he kept hanging on a board on his right-hand side.
HENRY HAMILTON . I reside at 5, Bruton-terrace, New Peckham, and have been in the employ of Messrs. Levy fifteen months in the paper-room, under Brand—I remember his leaving on Saturday, 24th,—I remained after him opening paper, and left about a quarter-past 4—just before I left, the prisoner came in, and said, "Are they all gone?"—I said, "Yes"—I then went down to his lobby with him, and at that time everything was safe in the paper-room—there was no smell of burning or any indication of fire—there had been no gas there during the day.
MR. SLEIGH to EDWARD BRAND. Q. Are you on very friendly terms with the prisoner? A. Yes—he owed me a small sum on the day this occurred.
JAMES KEMP . I live at 7 Black Lion-yard, Whitefriars—I have been employed as gas-engineer in the Daily Telegraph office upwards of three years—my duty is to see to the repairing of gas, and to see that all is safe before I leave—a person named Latham assists me—on Saturday, 24th March, I and Latham were in the machine-room, which is directly under the paper-room, about twenty minutes past 4—I had just passed the timekeeper's lodge and saw the time then—about a minute after I got into the machine-room, I heard a clattering over head; a person scuffling or moving about—I made a remark to Latham, and immediately afterwards, the prisoner ran down the paper-room staircase, which is on the left-hand side—I asked him what business he had up there—he said, "What the b—h—is that to you?"—he was running as fast as he could—he had a wild. appearance and seemed in a great flurry—about three minutes afterwards, Latham called my attention to some glass in the ceiling of the paper-room, and I saw that there was a fire—it appeared to be in the right-hand corner, towards the middle of the room—I gave the alarm of fire, and went out into Peterborough-court—I did not see the prisoner there, nor any woman—when the prisoner passed me he did not say anything about the fire, nor give any alarm—I saw a man named Fleming just before I gave the alarm of fire.
Cross-examined. Q. Where was Latham when the prisoner passed you? A. Under the platform—he could hear what the prisoner said—I believe Borne time last year there was an attempt to burst one of the boilers.
WILLIAM LATHAM . I live at 28, Baldwin's-gardens, Leather-lane, and am a gas-fitter and brass-finisher—I have been in the employ of the proprietors of the Daily Telegraph for the last eighteen months, under Kemp—about half-past 4 on Saturday, 24th March, I was in the machine-room with Kemp—I heard a rumbling noise, which seemed to come from the machine-room—the floor of the paper-room is the roof of the machine-room—we were putting our tools in the cupboard, and immediately after we heard the noise the prisoner came past us—Kemp said, "Halloo, what is it you want there?"—the prisoner said, "What the b—h—is that to do with you?"—he then went through the sliding-door towards his own lodge—after he had gone, I saw a fire above, and drew Kemp's attention to it—I saw it through a piece of glass in the floor of the paper-room—I saw the fire about four or five minutes after I saw the prisoner—no one had passed me in the mean time—I went up to the paper-room, and found it on fire.
JAMES GEORGE FLEMING . I am fire engineer to the Daily Telegraph office, and was formerly so to Paddington parish—between a quarter and half-past 4, on 24th March, I was in the machine-room, and the prisoner called to me, "Fleming, Fleming! the building is on fire!"—I said, "Where?"—he said, "Oh, my God! can't you hear the windows cracking? Come out into the court"—I went into the court and found the windows of the paper-room were breaking, and the fire was coming out—I immediately put the water on, and the prisoner used every possible exertion to assist me in putting the fire out—I stopped it in about twenty minutes—I afterwards examined the room, and found there had been two distinct fires—I remember the fire on the 10th—my attention was called to that by the prisoner, and it took place about the same time as near as possible—I saw him in the court, and he said, "Fleming, there has been a fire, and I have stopped it; go in and see if it is safe"—I went with him to the cellar of No. 5 house, of which he keeps the key—he showed me where the fire had been—he then jumped on to the dresser and pulled out some paper between the floor and the ceiling, which was burning—that paper had the appearance of having been stuffed in there and there, appeared to have been three distinct fires—the prisoner had previously told me that there had been a fire in the dust-hole, which he had put out with the hose—he said he discovered it—on the Wednesday or Thursday preceding 24th March, I saw the prisoner at the Daily Telegraph office between 5 and 6 in the morning; in his lobby—I afterwards saw him in the publishing-room—I told him he had no business there at that hour, as his time was 8 o'clock—he told me I was only a fireman—I said I was there to put fires out, and not to make them—I asked him by whose authority he was there at that hour in the morning—he said "Mr. Harvey's"—I went and spoke to Mr. Harvey, and he said he had not authorized him—the prisoner afterwards said he was there to relieve Ted, meaning Holt—he told Mr. Harvey I had accused him of setting fire to the place—I said I had not.
Cross-examined. Q. Did you tell him, when you saw him there at that early hour, that you were there to put fires out, and not to make them? A. Yes—I looked upon that as an accusation—I had a glass of ale with the prisoner on the afternoon this fire took place—I saw him in his lodge at twenty-five minutes past 4—I left him to take a walk round the premises, and immediately after I heard the alarm of fire—I had had the glass of ale with him previous to that, and left him in the public house, but he followed me almost directly afterwards.
MR. WILLIAMS. Q. Where is this public-house? A. About four doors from the entrance to the building.
JOHN KING . I live at 19, Searle's-place, Temple-bar, and have been seven years in the employment of Mr. Harding the builder—I remember the fire taking place at the Daily Telegraph office on the 10th—I had been at work in the cellar in which it took place—I used a fireman's closed lamp—I left about a quarter past I—everything was safe then—I locked the door, and gave the key to the prisoner—I did not observe any paper between the rafters.
Cross-examined. Q. Did not you work there with a candle? A. No—when I first went in, I had a candle in my hand; but the prisoner told me to use a lamp, as he had orders that no candles were to be used.
THOMAS HARBISON (City Police-Inspector). On 24th March I received information of a fire at the Daily Telegraph office at a quarter to 5—I went to the entrance in Shoelane, and met the prisoner running towards Fleet-street—he
said, "It is all out; I have put it out"—nothing had been said about the fire—I afterwards saw him about 7 o'clock in his lodge—Mr. Levy, one of the proprietors of the Telegraph asked him when he was last in the white paper-room—the prisoner said 2 o'clock—Mr. Levy said, "Are you quite certain as to the time"—the prisoner said, "I am quite sure it was 2 o'clock"—I asked the prisoner how he came to discover the fire—he said, "I saw a woman go up the court, I followed her, and when I got to the end I heard the breaking of glass; I looked up and saw smoke coming out of the white paper-room windows"—Kemp, Latham, Flemming, and Brand were present—Kemp was then asked what time he saw the prisoner coming from the white paper-room into the machine-room—he said a quarter past 4—the prisoner was about to make a statement—I cautioned him, and he then said, "I shall say nothing now."
JAMES HANN (City Detective). A little before 7, on 24th March, I was in the lobby of the Daily Telegraph office when the prisoner came in—Inspector Harrison was there—the prisoner said to me, "This is a bad job"—I said, "What?"—he said, "This fire"—I said, "I believe you discovered the fire"—he said, "Yes, I wish I had gone away at my proper time, and I should have been out of thismess"—I said, "Were you here after your time"—he said, "No, I mean I ought to have gone to post some letters; I had the letters in my hand, when I saw a female go up the court; I went to see who she was, when I heard a pane of glass break; I looked up and saw smoke coming out of thewindow; I called the fireman, and we nearly put the fire out, and now they blame me for it"—I said, "Who blames you"—he said, "They suspect me for it"—about quarter of an hour afterwards, Kemp and Latham were brought in, and hearing what they had to say, I said to the prisoner, "You hear what Kemp and the other man say, that they saw you coming down from the paper room at a quarter past 4"—he said, "I was not there after 2 o'clock"—I then took him to the station.
Recommended to mercy.—Seven Year's Penal Servitude .
THIRD COURT.—Wednesday, April 11th, 1866.
Before Mr. Common Serjeant.
363. JOSEPH BOTT (39), GEORGE HOLLUMBY (28), JAMES MASKELL (21), and ALFRED GUIVER (20) , Unlawfully obtaining by false pretences from James Gingell and another, 7l. 3s. 7d. with intent to defraud. Second Counts, for a conspiracy.
MESSRS. COOPER and STRAIGHT conducted the Prosecution.
MR. HARRIS appeared for Bott, MR. GRIFFITHS for Hollumby, MR. KEMP for Maskell, and MR. METCALFE for Guiver.
JOSIAH THOROUGHGOOD . I live in Clerkenwell—at the the time of this occurrence, I was a workman in the service of the Great Northern Railway Company—on Saturday, 10th February, I was on watch at their stables, Royal Mint-street, Whitechapel—I saw Guiver and Maskell come to the stables with two cartloads of straw—Guiver drove one cart; another man not here, drove the other—I saw Guiver and Maskell walking and talking together—when the carts arrived, Guiver unloaded them—the straw war received by Bott—Hollumby took it from Bott, and placed it on the right. side of the stables—I counted the trusses—thirty-eight trusses were taken.
out of Maskell's cart—the name on that cart was James Maskell—sixty trusses were taken out of the other cart—the name on that was, "Forster Threadgold"—I counted the straw truss by truss, and entered it on this paper (produced)—Bott received the straw first from the cart—they afterwards went to a public-house in Great Prescott-street—I followed them—Maskell paid for two pots of ale, which was shared amongst them—they stopped there a quarter of an hour or twenty minutes—after they left, I followed Maskell—he went into Whitechapel—Guiver went away with Maskell's cart in another direction—the other man went away with the other cart after drinking—Maskell went into Webb's wine and spirit vaults, where Bott joined them—I was close to them there—Maskell paid for some been—I went in and heard Maskell say to Pott, "We hate got forty-six this morning; I have squared it with your mate"—at the same time, he gave Bott some silver money—I saw nothing further that day—on the following Tuesday, 13th February, I was on watch again at the stables, and saw Guiver come to the stables with a cartload of straw—it was Maskell's cart—Bott received the trusses from Guiver—Hollumby received them from Bott, and packed them in the stable—I counted sixty-two trusses from the cart on that occasion—on Thursday, 15th February, I was on the watch again, and saw two carts arrive; one of them with the name of Maskell on it—it was driven by Guiver—same course went on, Bott and Hollumby being present—Guiver threw the trusses of straw off the cart he was driving—Bott received them, and Hollumby from Bott, and then Hollumby stacked it—I counted the number, fifty-seven trusses from Maskell's cart—the name on the other cart was, "Forster Threadgold"—I saw sixty-five trusses delivered from that cart—on Saturday, 17th, I Was on the watch again, and saw two carts arrive—the name on them was "James Maskell"—Guiver drove one; another man, not here, drove the other—Maskell accompanied them—I counted the number of the trusses—from the cart Guiver unloaded, forty trusses were delivered—Maskell assisted in unloading them—from the other cart, forty-one were delivered—my notes are not imperfect—after the delivery of the straw, they adjourned to the same beer-house in Prescott-street—they all went in; by all, I include the other carter—Maskell came out first with Hollamby, talking—the others remained inside—when Maskell and Hollumby came out, Maskell took a nosebag from off one of the horses, and placed it down on the foot pavement—he then put his hand in his trousers pocket, and took out some silver money—he then put his hand just inside the nosebag with the money in his hand, and at the same time, Hollumby put his hand down, and received the money—I was close to them at the time, differently, and very roughly dressed—on Thursday, 22d, I was on the watch again—I saw a cart arrive with the name of Maskell on it, driven by Guiver—I saw sixty-two trusses delivered from that cart to Bott and Hollumby—there was only one cart on that occasion—(MR. METCALFE objected to the witness mentioning further cases, as but five were included in the indictment.
THE COURT considered the evidence admissable)—on Saturday, 14th, I was on the watch again, and saw a cart arrive, with the name of Maskell on it, driven by Guiver—Maskell was with him—I closed the door behind them when they went in, and looked through the keyhole—I saw Maskell and Hollumby talking together—I saw Maskell take some silver money out of his pocket, and give it to Hollumby—before the transaction took place, Bott had been in the stable—he had left and gone to Whitechapel—when Maskell came out of the stables, he looked into the beer-house in Prescott-street, which is about 150 yards from the stable
—Bott had previously looked into the beer-house before he went towards Whitechapel—I followed Maskell—I saw him meet Bott at the corner of Leman-street, Whitechapel, which is about a quarter of a mile off—I saw both go into the Red Lion public-house at the corner of Leman-street—I followed them—Maskell paid for some drink for himself and Bott, and I saw him give Bott some silver money—they then separated; Bott apparently went back to his stables, and Maskell into Whitechapel—on Tuesday, 27th, I watched at the hay-market, which is about a quarter of a mile from the stables—I saw two of Maskell's carts, with the name of Maskell on them—one was a newly painted blue cart—one was driven by Guiver, the other by Maskell—they were both walking—when they got to the market, Guiver took the cart Maskell was attending to—Maskell stopped in the market a short time—Guiver took the cartload of straw Maskell brought, up to the Mint-street stables, the same stables—I followed, and saw forty-eight trusses delivered to Bott and Hollumby—after he had delivered the straw, Guiver proceeded back with the empty cart into Whitechapel, and placed it alongside Maskell's loaded cart then standing there; the cart that Guiver had brought up from the country—Guiver, Maskell, and another man, not here, took from that load of straw ten trusses, and placed them in the empty cart that Guiver had just brought back from the stables—Guiver took the cart from which the ten trusses had been taken, in the direction of the Mint-street stables—I did not follow it—in about twenty minutes, Guiver appeared in Whitechapel with the second empty cart—Maskell then went beside the cart in which were the ten trusses—Maskell, Guiver, and another man not here, a big man, took the ropes and arranged the ten trusses of straw, and tied the ropes over them—a quarter of an hour or twenty minutes after that, Marshall got up into the cart where the ten trusses were, and drove away—I followed him—he first went into a boot-shop named Wilson, in the Whitechapel-road—he afterwards stopped at some public-houses and other places—he finally arrived at his own residence at Little-heath, near Romford—he took the cart with the ten trusses of straw, into his own yard—I saw nothing more on that occasion—on Thursday, 1st March, I was on the watch again at the Great Northern Company's stables—I saw Guiver arrive with a cart with the name of "James Maskell"—I saw straw delivered to Bott and Hollumby—there were sixty-two trusses—on Saturday, 3d March, I followed the cart up from Little-heath, where I had gone down the previous night, for the purpose of following it up from Maskell's residence—it was driven by Guiver—he eventually pulled up at Whitechapel market—Maskell appeared there, having come up by railway—both took the cart of straw to the Mint-street stables—I followed it—I saw sixty-two trusses of straw delivered from that cart to Bott and Hollumby, who then adjourned to the same beer-shop in Prescott-street—they remained there some sort time, during which, I saw Maskell take some money out of his pocket, and give it to Bott—the prisoners did not know who I was.
Cross-examined by MR. METOALPB. Q. How many dates have you given us? A. Nine dates from 10th February, up to 3d March.
Cross-examined by MR. HARRIS. Q. When did you write that little narrative? A. At the time the straw was delivered—I was sitting down and there I wrote this, close by where they were delivering the straw—I know Bott is a servant of the Company, in the stables, as a van-shifter—I do not really know what a van-shifter is—I do not know whether he acts as odd man—I am a constable in the employ of the Great Northern Railway Company, and have been so for about eleven years.
Cross-examined by MR. KEMP. Q. Is the yard of the Great Northern Railway Company entered by an archway. A. Yes—when you get inside this archway there is a partition, which I got behind—I was in full view of the men—no doubt they had seen me many times—I jotted down each truss of straw by a mark on the paper—they could see me probably, but they could not see what was going on—I kept the paper at my side so that no one else could see me marking—I was sometimes not more than twelve yards from them—there were not many men in and about the yard—I don't know whether it frequently happens that men wanting straw will take it from the cart before the straw is delivered to Bott and Hollumby—I don't know whether the Great Northern Railway Company have another yard called the packing-yard—I don't know whether there is any one in authority from the Great Northern Railway here understanding the place—I don't know that a part of the straw was actually taken to the packing-yard—I never saw any being taken away, and I don't know where the packing-yard is—on the 27th February only 45 trusses were delivered—I did not see two carts; yes, there were two carts—I am looking at the memorandum made on the same day—that was the day when the ten trusses were taken off—I did not follow the second cart
Cross-examined by MR. GRIFFITHS. Q. Is Hollumby the man who attends to the horses? A. I don't know in what position he is.
WILLIAM SKIPPER . I am a house decorator, of 36, Charlotte-street, Whitechapel—I am related to Mr. Dunnaway, the detective officer—on Tuesday, 27th February, he asked me to watch at these stables, in Royal Mint-street—at about 11 o'clock a.m., while watching, I saw two carts laden with straw arrive—the first was.driven by Guiver, the other by Maskell—I counted the trusses delivered by both carts—from the first 45 were delivered—they were handed out a truss at the time, and from the second 60—they were delivered to Bott and Hollumby.
MR. METCALFE. Q. Did these carts come together? A. No—the first, driven by Guiver, came down, and he went back with it, and about twenty minutes after the other came.
MR. COOPER. Q. What next happened? A. After the delivery, they went to a beer-shop in Prescott-street—I saw there Booth, Hollumby, Maskell, Guiver, and another man—I went inside—they had two pots of ale, which Maskell paid for—I then saw some silver money pass from Maskell to Hollumby—after I had seen this, I went to the hay-market, in Whitechapel, and saw there Maskell's cart—I know it was his, because I saw the name James Maskell on it—in that cart were ten trusses of straw—soon after Maskell came, I saw him place the straw, and put the ropes over. it—that is the ten trusses of straw—he drove off in about a quarter of an hour or twenty minutes after—I followed him to his house at Little Heath
—he went by himself all the way, and stopped at several public-houses on the road—on 2d March I went to his premises at Little Heath, at about 4 in the afternoon—after I had been at the place some little time I saw Guiver draw a cart out of the yard, fix it ready for loading, and throw in 14 trusses and place them—another man came and put the rest up—he put
in 49 trusses—Guiver arranged them—he then tied them up, put the tarpaulin over them, and left it for the night—I retired, and went down again the next morning about 8 o'clock—I then saw Guiver with his cart, and followed him up to the market—I then went to the stables in Mint-street, and Guiver came down with his cart—I saw 62 trusses delivered to Bott and Hollumby—I then followed Guiver and his cart, and saw him tying up a truss of straw lying at the bottom of the cart—he laid a cover
over the top of it—that was in the stable-yard at Chambers-street, close by the Mint-street stables—I afterwards saw that very cart unloaded by the police—the truss weighed 34lbs.
Cross-examined by MR. KEMP. Q. Are you a casual detective? A. Occasionally I am—I cannot say exactly how often; it depends upon the professional detective, my brother in law, upon how often he has got something for me to do—what I receive for my services is optional—I have no stated salary for it—on this occasion I received for my services about 1l. for expenses—I cannot exactly say to a shilling or two—I don't know which pays best, detective work or house decorating—I do a little detective work occasionally to fill up time.
Cross-examined by MR. GRIFFITHS. Q. Do I understand you to say you saw the straw delivered to Bott and Hollumby? A. It was delivered first to Bott, and by him handed to Hollumby—I don't know whether they counted it.
WILLIAM THOROUGHGOOD . I live at 9, Seabright-street, Hackney-road, and am a watchman in the employ of the Great Northern Railway Company—on 10th February I was in the watch at their stables—what I have here is extracts from a book I made at the time—I saw two carts arrive—I did not notice who drove them that morning, or see who received the straw—Maskell delivered it—60 trusses were taken off the first load, and 38 from the other—after the straw was delivered, Maskell went, and I followed him from the stables to the corner of Commercial-road, Whitechapel—no one accompanied him—he there met Bott—they both went into Webb's spirit vaults—I went in close behind them, and stood at the side of Bott—Maskell said, "We have had 46 to-day; it is all right, I have squared it with your mate—at the same time Maskell gave Booth some money—I could not see whether it was gold or silver—they then came out—Bott crossed over Whitechapel, and went into a tobacconist's shop, and when he came out he made his way towards the stables, towards Leman-street—I don't know where Maskell went—on 13th I was on the watch again, and saw a cart come—I saw 32 trusses delivered by Maskell, but did not see to whom—on 15th I saw 59 trusses delivered from the first load, and from the second 66, by Guiver, from James Maskall's cart—I can't say to whom they were delivered—Guiver delivered his own load, another man delivered his—on 17th, 40 trusses were delivered from the first load, and 41 from the second—I saw them delivered to Bott and Hollumby—Maskell accompanied the two carts—Guiver was there also—on 22d I saw a cart arrive with the name of Maskell on it—Guiver was driving it, and 62 trusses were delivered to Bott and Hollamby—on 24th I saw a cart arrive with "James Maskell, Rornford," on it—Guiver drove it—he was accompanied by Maskell—I saw 62 trusses delivered to Bott and Hollamby—on 27th I saw two carte arrive at the market, the first was driven by Maskell, the second by Guiver—I went from the market to the stables—I saw 45 trusses delivered from the first to Bott and Hollamby, and from the second 60—when they were delivered I followed the cart from the stables into Whitechapel—I saw it pulled up alongside another cart standing there loaded with straw—Maskell took 10 trusses off that cart, and put it on the empty cart—I saw the cart from which the 10 trusses had been taken driven to Royal Mint-street, and counted 60 trusses taken from it—after the straw was delivered, the four prisoners went into the beer-shop in Great Presoott-street—on 1st March I was on watch again—I saw a cart come, driven by Guiver, and 62 trusses were delivered to Bott and Hollumby—after he had delivered them, Guiver went into the beer-shop, and in the course of about two minutes Bott and Hollumby went in—I went in—Guiver paid
for two pots of ale—I saw Guiver in a sly manner give something to Hollumby in the beer-shop—I did not see what it was—I did not count the straw on 3rd March.
Cross-examined by MR. HARRIS. Q. Can you tell me what a van-shifter is? A. I believe one who moves the vans as required in the shed—I am given to understand that Bott was a van-shifter and occasional helper in the stables.
Cross-examined by MR. KEMP. Q. Do you know the Company's premises? A. Yes—I know what is called the packing-yard—I am a constable of the Great Northern Railway—I sometimes watch the vans in the streets—I am put on particular duty at divers times—at this time I was on duty at the straw-yard, where I was watching—I don't know that straw is taken to the packing-yard for the purpose of packing. I was not aware of it—I have never seen men, when the straw is being delivered at the stables, taking trusses from the carts—I was at the stables constantly—I don't know how many stablemen there are—there are about 100 horses—a great deal of straw is used—both Bott and Hollumby were there at times taking the straw, and sometimes Bott received it and gave it to Hollumby, and sometimes Hollumby gave it to Bott—I cannot speak positively as to whether what the last witness said is true or false as to Bott receiving it first, and Hollumby afterwards.
Cross-examined by MR. METCALFE. Q. What relation are you to the other Thoroughgood? A. Brother—we were, on some occasions, watching together, and on some independently—when we were together we were not more than a dozen yards from each other, a little more or less—I have only said what I saw myself—I am not telling you all that is in my memorandum book—I saw Maskall go out by himself, on the 10th February, he went along Somerset-street into Whitechapel—I have not made a memorandum of that—that was a remarkable day—previous to what follows I did not make a memorandum—the entry of 10th February was made on the 10th, that on the 12th has nothing to do with this case—Josh is the other Thorough good, my brother—the cause of two pencil marks for the trusses being in many instances thrown into one, was that I kept my hand by my side so, and never took the pencil off the paper for fear of being seen—I compared notes with Josh immediately after we had made them—we had no corrections to make—they were quite right on every occasion—I didn't know who Guiver was; I only knew his name when he was apprehended—we called him the young countryman—Moore is another man connected with the stables—the two entries of the 1st March were caused by my not having room to write all, and I was obliged to turn over to the first page—I didn't say anything about the fourth man being in the beer shop, for I was not asked—the whole of the memorandum was written an hour afterwards—I swear the second entry of 1st March was not written on the 2d March; it was written about an hour after I wrote the first entry, and with the same pencil, which I have in my pocket. Josh was with me on 3d March, but not the whole time—I did not make the other entry at the same time—when at the solicitor's office, I did not speak to Mr. Wontner, nor did I and Josh compare notes with Dunnaway; nothing of the sort; nor with Dunnaway's brother-in-law—I compared notes with Josh, with the exception of 1st and 3d March I did not show the notes of the 1st and 3rd March to anybody—I was not called before the police Magistrate—I didn't tell anybody what I could prove, yes I told my inspector, Mr. William—I showed him both entries—I did not go into the beer shop in Prescott-street on 3d March—it was on 1st March I saw Guiver give something to Hollumby—I saw Guiver go into the beer shop after he had delivered
the straw—it is about thirty-five yards from the place where the straw is delivered to the beer shop.
FREDERICK HARVEY . I am salesman in the service of Messrs. Gingell and Sons, hay and straw salesmen, Kent-street, Essex-yard, Whitechapel—on 10th February, and before and after, we supplied the Great Northern Railway Company with straw—it is our custom, when straw is brought us, to ascertain from the man who has the cart the quantity in the cart—we then send it to whatever place is the most suitable to sell it—we give him a note stating where it is to be delivered, and the quantity to be delivered in figures—to that note is attached a counterfoil, when required by our customers—it is required by the great Northern Railway Company—after delivery the seller brings this delivery note back to me signed by the receiver, and, if he requires payment for it at the time, I give him an order on our cashier, deducting the commission—on the 10th February this note (produced) was brought back to me—I cannot say who brought it—all these notes (produced) were brought back to me on different occasions; I cannot say who brought them—on this receipt I gave, whoever brought them, an order on our cashier.
EDWARD TOMLINSON . I am cashier to Messrs. Gingell and Son—I pay our customers for all goods—this is a market note for four loads of straw delivered to the Great Northern Railway Company—it came into my possession through being in the possession of the firm—on 10th February an order was brought to me for payment—I do not know who brought it—this is the receipt of the money paid under that order—it is in the name of James Maskell—I paid the money, and the receipt was signed at the time the money was paid—I cannot swear I saw him write it—I know his writing—I saw the person, whoever it was, to whom I paid the money at the time—the receipt is for 10l. 5s. 5d.—the custom in our house is for the carman to take the delivery order, signed by the receiver, to Mr. Harvey, who gives him what we call a home note specifying the amount to be received after deduction of commission—in connection with that home note is an order given upon me to pay the amount—in receiving this order I pay the amount to the person who presents it, and he signs the receipt—this is one dated 13th February for 6l. 8s. Id. signed by James Lane for Marshall, James Lane received it—this is another on the 15th for 6l. 15s. 7d. signed by Lane for Maskell, and also one for 3l. 9s. 9d.—this is a receipt dated the 17th, for 11l. 16s. 8d. signed "James Maskell," and one on the 22d for 3l. 9s.9d. signed "Alfred Guiver, his mark;" witnessed by me—one on 24th for 11l. 1s. 5d. signed by James Maskell; and one on 1st March for 24l. 14s. 9d. signed "Alfred Guiver," his mark, witnessed by me—all the cheques given in payment were payable to Maskell.
MR. KEMP. Q. Do you make your cheques payable to order? A. No. MR. COOPER to FREDERICK HARVET. Q. Were you present here, and did you hear an account of the course of business pursued by your firm given by the last witness? A. Yes—that account is correct—on 10th February, on receiving this delivery order, I gave the person who presented it to me a home note—if he required payment for it on that day he would take it to our cashier, Mr. Tomlinson, and give this order in the usual course of business—the orders do not correspond with the several delivery notes, because where more than one delivery note is presented, we give the order for them oil together.
MR. GRIFFITHS. Q. Is the delivery order of the 10th February in Hollumby's writing? A. I don't know his writing—I did not receive it from him.
ROBERT ALDERSTON . I live at Cross Keys-square, Little Brittain, and am the foreman at the Great Northern Railway Company's stables in Mint-street—Bott is a van-shifter, that is a man who moves the empty vans, and does anything when wanted—the Company have a contract with Messrs. Gingell and Sons for the supply of straw—the straw was delivered at the yard—Hollumby has to receive it—Bott has to assist in the stables, in taking the straw in, or in anything else required—Hollumby has to feed the horses—on the arrival of them straw, it has to be delivered to Hollumby, who signs the delivery note—attached to the delivery note is a counterfoil—one part is retained by the Company, the other is returned to the dealer—I know Hollumby's writing—this delivery order of 10th February is signed by Hollumby—Bott has to do anything he is asked to do—all these delivery notes are signed by Hollumby—we send the counterfoil to the Company's offices at King's Cross—I have no doubt it is there entered in a book.
Cross-examined by MR. GRIFFITHS. Q. Have you seen Hollumby write? A. Yes—he has to sign both the delivery note and the counterfoil—Hollumby has to receive the straw, it is his duty to do it—Hollumby is always there—Bott does not receive it that I am aware of; I have never known him to do so—Hollumby used to give me the counterfoils.
Cross-examined by MR. KEMP. Q. Does the straw always go into the stable, when it is brought into the yard? A. Not always, part of it goes into the packing yard; half of it—I always asked Hollumby whether the straw was right in quantity and quality, and at the same time examined it myself—his invariable answer was "Yes."
MR. GRIFFITHS. Q. Is there a man named Moore in the stables? A. Yes, and also a man named Standon—Standon was on one month and Hollumby another—the one who receives one month has nothing to do with the other—I can not say whether, if Hollumby happened to be away in his time, Standon would receive—I am not aware that such was ever the case (The delivery notes were here read, dated 10th February, for 144 trusses; 13th for 72 trusses; 15th for 144; 17th for 108; 24th for 72; 26th for 72; 27th for 144; 1st March for 72; and 3rd March for 72; all bought of Gingell and Son, and signed George Hollumby).
PORTER WILLIAM DUNNAWAY (Detective Policeman 11 H). At 2 o'clock in the afternoon of 3d March, I saw Maskell and Guiver in High-street, Whitechapel, talking to two men—I went up to Maskell and said, "I want to speak to you"—I called him and Guiver round the corner into Leman-street—I said to Maskell, "Is your name James Maskell?"—he said, "Yes"—I asked him if he had been to the Great Northern stables that day with straw—he said, "Great Northern stables?"—I said, "Yes, the stables in Royal Mint street"—he said, "Yes, I have been there with two loads of straw"—I said, "Only one cart has been"—he said, "Yes, there were two loads in that cart, I mean seventy-two trusses; I have got a note for it"—afterwards at the station he gave me the note—I told him I had got a warrant to apprehend him for being concerned with some men belonging to the Great Northern Railway, in cheating and defrauding the Great Northern Railway Company of a quantity of straw—he said, "I have not cheated or defrauded anybody"—I left him at the station, and went to the stables of the Great Northern Railway Company—Guiver did not take any part in the conversation going along—he walked a short distance behind in charge of another constable—afterwards at the station I told Guiver I had a warrant for him for being concerned—he said, "I have defrauded nobody"—I went to the stables of the Great Northern Railway, and saw Hollumby
in the stable yard—I told him I belonged to the police, and should apprehend him for being concerned with a man named Maskell and another man iu defrauding the Great Northern Railway of a quantity of straw—he said he had defrauded nobody—I said, "There's them that says you have, and they say you received money from Maskell for it at the beer shop in Great Prescott-street"—he said, "I have had a shilling from him on two or three occasions"—I said, "You have had some straw in to-day"—he said, "Yes"—I said, "How much was there?"—he said seventy-two trusses—I said, "Did you count it"—he said, "No, Bott counted it"—I said, "Bott was also concerned"—I took him to the Leman-street station—at the stables he said, "I shall be discharged over this, and get three or four months; I might as well get six or seven years, and by that time the kids will be "grown up or dead"—I left him at the station, ss and then returned to the Mint-street stables, where I saw Bott in company with Mr. Williams—I told Bott I was going to apprehend him for being concerned with the other prisoners in defrauding the Great Northern Railway Company of a quantity of straw—I told him Hollumby said he counted the straw that day, and that there were seventy-two trusses—he said, "Yes, I did, he counted it also"—I took him to the station, where Bott said to Hollumby, "You told me you counted the straw, and made seventy-two trusses"—Hollumby made no reply—at the station Maskell gave me this note (produced), it is dated 3d March for seventy-two trusses delivered to the Great Northern Railway Company.
Cross-examined by MR. GRIFFITHS. Q. Did you read the depositions when the prisoners were committed? A. No; nor a copy of them—I have not said more to-day than when before the Magistrate—I am not sure whether I said "for it," after telling Hollumby there were those who accused him of receiving money from Maskell at the beer shop in Great Prescott-street—I was speaking of the straw, and gave evidence upon that—to the best of my belief I said so—what I said was written down, and read over afterwards—I did say before the Magistrate about the kids being grown up, or being dead—I am aware it is not in the depositions—I signed them—1 suppose the clerk considered they did not concern the case—I employed an amateur detective on this occasion—I have never employed boys on this or any other occasion—I consider the man I employed in this case was a man—I said that Hollumby said, when I asked him if he had counted the straw on that day, "Bott did, and there were seventy-two trusses"—I have not been talking about what Hollumby said about the "kids" since—I cannot say I never mentioned it.
Cross-examined by MR. METCALFE. Q. Did Skipper tell you about a truss being in the cart? A. I was there at the time, and saw the cart my-self—I had it unloaded—before I had it unloaded I asked Guiver whether there was anything at the bottom of it—he said, "There is a little bundle of straw for me to sit on—I asked Maskell if it was so—I unloaded the cart and found the truss of straw—Maskell said, "I always allow him a little straw to sit on—I don't knew whether this is the very truss of straw Skipper has been talking about—I don't know what Skipper has been talking about to-day.
Maskell and Guiver received good characters.
BOTT— GUILTY on the second Count. — Confined Eighteen Months. HOLLUMBY— GUILTY on the second Count .— Confined Two Years . MASKELL— GUILTY .— Five Years Penal Servitude . GUIVER— NOT GUILTY .
MR. POLAND conducted the Prosecution, and MR. WILLIAMS the Defence.
EDWIN JASPER DALMEY . I am a clerk in the service of Henry White and Co., merchants, 17, Mincinglane—on 21st February I got from my emplayers these two warrants (produced)—I recognised them by my writing—I took them to the wine and spirit department of the general office of the London and St. Katharine's-dooke—I left them with one of the clerks sitting one from the door, for the purpose of having fresh warrants made for part, and of getting delivery of twenty-one puncheons on one warrant—I cannot say who that clerk was—the name of Stevenson was not there when I left them—they were endorsed by the firm of Henry White and Co.
Cross-examined. Q. Did you get a receipt for them? A. It is not customary to do so—there was an endorsement on the back "Deliver twenty-one puncheons to our sub-order; warrant for remainder in our favour &c." when I left them—there are probably sixty clerks at the office where I left them—I know these are the warrants—I cannot say what other means of identification I have then the endorsement—such warrants came into our office pretty frequently—I remember these warrants so particularly, because I remember endorsing them myself, getting them signed, and taking them down to the docks—I have endorsed the warrants—the endorsement is not all I have to go by—I know them by having endorsed them myself, taking them down to the docks myself and lodging them myself—I did not take a note of the numbers.
MR. POLAND. Q. I understand that you have not the slightest doubt about these warrants? A. Not the slightest.
CORNELIUS CHOTE . I am a ledger clerk in the service of the London and St. Katharine's-dock Company—on 21st February, the prisoner was in the employment of the Dock Company, but was, I believe suspended; that is he was not discharged, but was not allowed to come to duty; nevertheless I saw him in the general office on that day—he came into the division of the general office where I was engaged—I saw him looking over papers—they were documents lodged by the public, warrants lodged for delivery in the wine and spirit department—I did not see at what time he left the docks on that day—I saw him there about the middle of the day—I do not know how long he remained.
Cross-examined. Q. What makes you remember this 21st February? A. I have many reasons for remembering it—I believe the prisoner was suspended on that day for absence—I don't know at what time he was suspended—I saw him there in the middle of the day—the wine and spirit department is a part of the general office—there are fifty or sixty clerks employed in the whole room, particular corners are called different premises—these clerks come and go wherever the course of business calls them—I am aware the prisoner had a drawer given him in the wine and spirit department—I said that I saw him looking over documents lodged by the public—I was about six yards off—the desk was straight, and I, therefore, had a better opportunity of seeing then if it had been convex—I don't think he back after 21st February.
THOMAS ALEXANDER LAYLAND . I carry on business in Great Winchester-street, City—on 21st February the prisoner celled at my office—he produced these two warrants and said ha wanted an advance upon them—my clerk brought in his name as Henry White—I said I couldn't make him an advance that evening, but that if he would leave the warrants, with me I
would draw samples and see what I could do in the morning—the prisoner said he couldn't leave them—I then said that if he would leave the numbers and particulars that would be sufficient, as I could draw samples from that—he left the numbers and particulars and I drew samples—on the following morning he called at about eleven o'clock—I told-him first I would advance 50l. and then another 5l. making 55l.—the transaction was not a sale but an advance—I drew this cheque (produced)—I told my clerk to cash the cheque at the bank and then go on with the prisoner to his offices in Mark-lane to see if his representations were correct—68, Mark-lane was the address he gave—I am not certain of the number—I told my clerk Mr. Stevenson to go to the offices before he paid the prisoner; if the inquiries were satisfactory he was to hand the prisoner the money as he wanted it immediately—I told the clerk to cash the cheque on the way if he wished it—I saw the prisoner endorse the cheque in the name of Henry White and Co.—when the prisoner left with the clerk he gave me the two warrants—in a short time I saw my clerk return with the prisoner who was left in one room and my clerk came to me in the other—from what Mr. Stevenson said to me I went into the office where the prisoner was and said that I was not satisfied that his representations were correct, and I must inquire further before I parted with the money—I put the money down on the desk—my clerk had given it to me and went into the other room to consult my clerk—the youth in the room where I left the prisoner ran in, and I then went out and found the prisoner gone and 45l. out of the 55l. gone also—I did not see him again till he was in custody—I gave information to the police—I heard nothing further until some days afterwards I found him in custody.
Cross-examined. Q. Do I understand you to say he told you his name was Henry White? A. His name was handed in to me by my clerk as Henry White—he made several statements which made me make inquiries about him—I understood him to say that he was negotiating the warrants for a friend of his, his partner, in the country—I had previously inquired as to the price of the rum—I said the cheque must be payable. to order, and must be endorsed—upon that he did not say, "I am not Henry White and Co., and cannot endorse it"—I swear that—T would not have allowed him to endorse it in my presence if I had believed him not to be Henry White.
MR. POLAND. Q. Was the erasure on these warrants made in your presence? A. Yes, before the clerk went out to change the cheque—the prisoner erased the directions to the Dock Company to make out fresh warrants.
MR. WILLIAMS. Q. Are you sure it was not Stevenson who erased this? A. I am certain—Stevenson wrote the fresh endorsement to transfer the goods to my name—he wrote the top not the bottom part—I saw the prisoner sign it; I swear that—I caused the endorsement at the top to be signed by Stevenson as a witness—any one, with the numbers and particulars of the warrants, can always get samples as I did in this case.
GEORGE STEVENSON . I am a clerk in Mr. Layland's service—I saw the prisoner at Mr. Layland's on 21st February when he came—he asked if Mr. Lay land was in, and said he wanted an advance upon two rum warrants—I asked him if he had samples, as it would save us the trouble of sending down to the docks to get samples—he said he had not—he then asked when Mr. Layland would be in—I said, "Will you be kind enough to leave your name?"—he said, "Henry White and Co., Mark-lane"—he saw Mr. Lay-land
later in the evening; became in the office just about the time of leaving—on the following day I saw him at the office again—Mr. Layland gave me that cheque to get cashed—we had obtained samples—Mr. Layland told me to go with the prisoner to his offices, and if his representations were correct to hand him the money—the cheque was then endorsed—the prisoner endorsed it in the name of Henry White and Co.—the prisoner went with me to the bank, and I got the cheque cashed—we then went to Mark-lane—I went to find the prisoner's offices—I went to a house in Mark-lane and made inquiries of the housekeeper—I found there was no Henry White and Co. in business at Mark-lane—the prisoner came up the stairs of the house and represented that he had taken an office there and was making some alterations and would go in on the following day—I returned with the prisoner to Mr. Layland and told Mr. Layland what had occurred—I put the money down where the prisoner was—I handed it to Mr. Layland—Mr. Layland put it down on the desk—shortly afterwards the prisoner was missed—I did not see him again until he was in custody.
Cross-examined. Q. Did the prisoner go inside the offices at Mark-lane? A. Yes, he went inside the room—I stood at the door and did not go inside—I have written on these warrants.
HENRY WHITE . I am a member of the firm of Henry White and Co., Mincing-lane—these two warrants are our property—they were endorsed and sent to the docks on 21st February—I never saw the prisoner until I saw him at the Mansion House—he had no right whatever to the warrants—I had never authorised him to get an advance upon them—the signature on the cheque was not written by my authority—the prisoner had no right to assume my name.
Cross-examined. Q. By what means do yon identify these warrants? A. By the marks, numbers, the slip and the endorsement—I have not taken means of verifying that, for I am quite sure about it—I have not referred to my ledger, there was no occasion—I have had thousands of warrants before in my possession—the mark is a very simple one, "H," and therefore not at all common—the ship's name is the "Primrose"—I have had a great deal more by the "Primrose" also marked H—I have seen these warrants before I am sorry to say.
MR. POLAND. Q. Was the endorsement for delivery and fresh warrants signed by you? A. By one of my partners.
Cross-examined. Q. How do you know that? A. By his own statement to me—I was never asked about that statement before.
GUILTY .— Confined Twelve Months .
FOURTH COURT.—Wednesday, April 11th, 1866.
Before Robert Malcolm Kerr, Esq.
MR. HORRY conducted the Prosecution.
WILLIAM GREEN (City-policeman, 230). I was in Fenchurch-street at half-past five on 8th March and saw the prisoners there together—I had watched them before—there was a crowd in consequence of a horse falling down—I watched the prisoners; they went into the crowd—Lott went and
stood in front of a gentleman so as to draw his attention—I saw Grow put his right arm across the gentleman's breast and his left hand under his right arm—I saw him lay hold of the guard and draw from the pocket this watch (produced)—he broke it from the bow and was about to make off when I seized his hands—I was in plain clothes—when I had hold of him I felt the watch with my thumb—it fell on the ground and was picked up by a gentleman and given to me—I handed both the prisoners over to another officer—I informed the prosecutor of his loss—he accompanied me to the station and charged them.
Grow. Q. How far were you from me? A. I, was quite close to you—I could make no mistake—I was the first person who caught hold of yon in the act—I felt the watch in your hand—it fell on the ground and the glass broke.
MR. HORRT. Q. Did you see it drop? A. I did.
GEORGE COLWELL SYMONDS . I am a clerk in Lime-street—about half-past five on the evening of 8th March I was in a crowd in Fenchurch-street—I saw Grow there—I saw the watch in his hand and caught hold of his collar and held the watch till the detective took it from me.
Lott. Q. Did you see me? A. No.
Grow. Q. Were you not the first person who succeeded in detaining me? A. I was to the best of my belief—I did not see anybody else have hold of you at the time—the watch was in your hand when I collared you.
JOHN JONES YOULE . I am a merchant's clerk of 155, Fenchurch-street—about half-past five on 8th March I was in a crowd in Fenchurch-street—I was spoken to by the officer about this watch—I did not know of my loss until then, nor did I see any one near me.
Grow. Q. Did you see any person attempting to take another person before you saw me? A. I did not see you until I saw you in custody.
Lott's Defence. I was standing by and the gentleman told a man to get hold of me—I am a hardworking boy—I was going to St. Katharine's-docks after some sheep—I am innocent.
Grow's Defence. The first witness said he caught me in the act of stealing his watch; the second witness said he was the first person who caught hold of me; the prosecutor says he never saw any person attempting to capture a person in the crowd. If you think there is sufficient evidence of guilt against me I hope you will clear the lad, he is entirely innocent.
LOTT NOT GUILTY . GROW GUILTY . He also PLEADED GUILTY to having been before convicted.— Seven Year's Penal Servitude .
RICHARD COLES . I am a butcher, of Victoria-terrace—on Monday, 4th December, I had 40 sheep, Southdowns, in a field at the back of the Adelaide-road—I saw them safe about 4 o'clock that afternoon—I went to look at them again in the morning, and mused 7—they were marked—they were very good sheep—they are called toppers—they cost 68s. each.
Phillips. Q. Were all your sheep Southdowns? A. They were all wethers—there were a few cross-breeds—there has been a road cut through the field—it is not enclosed—there are two entrances—there is no gate—there is no fence round the field—I am not confident there were no ewes among them—there might have been a cross-bred among those I lost
Southdown breed? A. yes—7 or 8 of them cost 72s. each—there was no means of keeping them from straying—I kept a boy to look after them—they were marked in my private mark with red ochre.
GEORGE ISAACS . I am a cattle driver, of 28, Saul-street, Lisson-grove—on Monday, 4th December, about 5 or a little after, I was near the Eaton tavern, Adelaide-road, and met Phillips driving 7 or 8 good Southdown sheep towards Hampstead-road.
Phillips. Q. Have you driven for Mr. Coles? A. I have—I did not notice the marks on the sheep.
JOHN CROSS . I live at 27, Devonshire-place, Lisson-grove—a little after 5 on a Monday I saw the prisoner driving Down sheep in the Adelaide-road, going towards Kentish-town—that was about a fortnight or three weeks before Christmas.
Phillips. Q. When was the first time you saw me? A. On Monday, 4th December, with these sheep—I was going towards Portland-town—I hallooed to you to turn them round—I turned mine round a corner to the right—I cannot say how wide the road was—you were on my near side—I came from Lisson-grove—I never saw you before—I recognised you when I saw you again—I do not know that it was 4th December, but it was about a fortnight or three weeks before Christmas—I saw the sheep about two minutes—it did not rain.
MR. LE BRETON . Q. Was it a wide road? A. It was a narrowish road—while I was stopping with my sheep I had an opportunity of seeing him—I have not the least doubt he is the man—I distinguished my sheep from his, as his were marked round the near side of the rump with red ochre—there are gas lights in that road.
COURT. to R. COLES. Q. What was the mark on your sheep? A. I always mark them this way, on the near shoulder and the off rump.
HENRY WETLT KNIGHT . I am a butcher, of Poplar. I know Hustwaite—I remember going to his shop on 29th November—he told me he was going to have some sheep "on the cross" on Thursday night—he said they would have to come up on Thursday night or Monday night, that being market night—he said they would be Downs—I did not go to his shop on the Thursday—on the following Tuesday morning, 5th December, he came into my shop, and said, "Halloo, you have not been to market this morning"—I said, "No, I have not"—he said, "Those things came last night, and I have sold them all out; I have taken them to Newgate market, and have brought two back in my cart for you"—he said he had looked about Newgate market for my cart, and could not find it, and came back to Whitechapel, and could not find my cart there, and that they were hanging in his shop at home, and I might have them at my own price—he asked me if he should fetch them round, as he wanted them out of the way I told him not to do that—after this conversation I communicated with an inspector of police—on the Thursday after that I saw Hustwaite in a beer-house, and he said, "you did not come round on Tuesday to look at those sheep"—I said, "No, I did not"—there was a leg of mutton hanging up in the bar—he said, "That was one of them; aint they toppers?—a man came in and spoke to him—he was not there when I went in—I said, "Who is that?"—he said, "That is the man who took the skins away"—he said he had sent them down to Lincolnshire, and had paid 28s.—I said, "That is a lot of money"—he said, "That is no matter, for they are all profit; they are the b—things which tell the tale"—he said the sheep were clean gone in the morning, by 5 o'clock there was not such a thing as a piece of running gut or a gaul—
I have seen the man since who came into the shop—I think he was called by the name of Jem (James Hessie was catted into Court)—that is him.
Cross-examined. Q. How long have you known Hustwaite. A. I I think in August last—I have seen him about for some few years—he is a butcher—he succeeded me in the business—he bought it of me—I complained about the name remaining up after—he did not say it was part of the agreement—he gave me 30l. for the business—there was a written paper about it—I have not got it here—I never had any quarrel with him—I think the answer I made before was that the prisoner wanted to have a quarrel with me, but I would not have one with him—he began to blackguard me in Newgate market—I have not said to anybody that I would have him out of it if I could, or anything to that effect—I mean to say he used the words "on the cross"—if did not come into my memory to say so before the Magistrate—it is not the first time I have thought of it—the landlord of the beer-house was in front of his bar when this conversation took place—I do not know that he heard him—I cautioned him for speaking so loud—this is the first time I have said that—he came into the public-house, and openly spoke of it before the landlord, and I felt it necessary to caution him.
MR. LE BRETON . Q. Did the landlord make any remark to Hustwaite when you said, "Don't talk so loud." A. No, not to my memory—the man was in conversation with him during the time he was drinking—the meaning I attach to these words "on the cross" is that he was going to steal them.
JAMES HESSIE . I am a butcher, at 29, Caledonian-street, Caledonian-road—on Monday, 4th December, I first saw Hustwaite in the market—he asked me if I would go and help him to kill some sheep—I said I would, and went to Poplar—both prisoners were there—I cannot say how many sheep there were—I had to kill seven—they were Down sheep, marked with red ochre down the shoulder and loin—I took the skins to Sleeper in Lancashire to sell them, by Hustwaite's directions—they were sold for 7s. each—the cost of taking them down there was something over 32s.—sheep skins can be sold in London.
Phillips. Q. What is your name? A. James Hessie—I used to live at 20, Gower-place—I have been convicted of sheep-stealing under the name of James Hitterchey—I come from Lincolnshire—I saw you in Hustwaite's shop—I saw Hustwaite at the market that day—I was not particularly in company with any man—I do not know the sign of the public-house at this end of the market—I do not know that I committed a felony in that house that very morning—I was subpoenaed here—I was not afraid of coming into this Court
Cross-examined by MR. RIBTON. Q. Have you been examined before? A. No—my punishment for sheep-stealing in Lincolnshire was three years—I served two years and a half—I was never convicted before that—it was not for sheep-stealing, it was for buying stolen sheep in the market—I swear that was the only time I have been convicted—when I came out of prison I came up to London, and have been about the markets—whenever I get a job to do I do it—I did not tell them I had been convicted—I have known Hustwaite eight or ten years—I have known the other for some time—there was a dozen or fourteen sheep at Hustwaite's.
MR. LE BRETON . Q. You say your real name is James Hitterchey? A. That was the name in which I was convicted—I have gone by the name of James Hessie for some time—I am called in the markets by the name of Jem.
Phillips. Q. Why did you not give your evidence at the police-court? A. I was not asked—I was never guilty of sheep-stealing since you have been in confinement, nor did I beat the police and get away—I have not been sheep-stealing within the last three weeks or a month at Highgate.
COURT. Q. You went up to kill these sheep, when did you get there? A. Thursday morning, about 7 o'clock—I assisted him in killing seven sheep—we were about two hours killing them—it was over about 9 o'clock—I went to Lincolnshire on the following Monday morning—I got seven skins at Hustwaite's a little before 6, and went by the quarter to 8 train, I believe—I sold them at Sleeper—I don't know the man's name—there were only 14 in the place, and only 7 killed—they were very good sheep, what we call black-faced Downs—they were all marked alike, with red ochre—there was no letter, but in the form of two curves, one from the neck down the shoulder, and the other from the top of the ham down to the thigh on the opposite side—if it was the near shoulder it would be the off thigh—I came from Sleeper the same night—I got money to go to Sleeper—I do not know the amount—I believe the fares were 16s. 3d. each way—the skins made 49s., and the fare was about 32s. or 32s. 6d.—I handed him the balance.
JOHN MICKLEJOHN (Policeman, V 42). I took Phillips on 27th February—I said, "I shall charge you with stealing seven sheep, the property of Mr. Coles, on 4th December last"—I took the other, Hustwaite, next morning—I said, "I shall charge you with receiving the seven sheep from Phillips, which were stolen from Mr. Coles"—he said he knew nothing whatever of them—he knew nothing about Phillips at all—he said, at the Stepney railway station, when he was walking up and down, "The b—sheep are dead, and won't come to life again, and who can identify them"—I saw him again at the Portland-town police-station—he then said he had seen Phillips, and that was all.
Cross-examined by MR. RIBTON. Q. Did he not say, "I have seen him before, but that is all I know of him." A. He said, "I have seen him before, but that is all"—I never heard that there was a reward offered—the police had information shortly after they were stolen—we have police information and orders published for the information of the police only—that is the way in which it was brought to my notice.
THOMAS WARREN . I live at 7, James-terrace, Poplar—I was a sheep-marker—I was employed by Hustwaite on Saturday night and Sunday morning—I left the beginning of October—I have seen Phillips twice at Hustwaite's shop, talking to him.
Phillips. Q. When did you first see me. A. On a Saturday night, in September, after 12 o'clock—I saw you come there—I stood just inside the door—you wore cloth clothes.
Phillip's Defence. Mr. Cole said he did not know Whether they were Downs or crossbreds—he knows his sheep are mixed, and he does not know which he lost. He leaves his sheep alongside of a country road, without any enclosure or anything to take care of them but a boy. If he left a boy with them he must have seen the sheep taken. The sheep might go where they thought fit. Isaacs is acquainted with Mr. Coles. He said before the Magistrates he caught the sheep and separated them from the drove, now he says he saw no marks on these sheep; he is the man who must have known these sheep, John Cross never came to recognize me till three months after the sheep were stolen. He never came to recognise me at the
police-station, and when he gave his second evidence he did not know the day of the week or the day of the month that he saw me driving them, it was put into his mouth. I called the policeman and the prosecutor to order, and they got turned out of Court. One of the witnesses was driving on his near side of the road, and he told me to keep on mine. Adelaide-road is at least, by the wide turning on Primrose-hill, 30 yards wide, and if he and I were both driving on our near sides what opportunity had he of taking such particular notice of the marks on these sheep? I was brought here on another concern. I am innocent. I know nothing about driving sheep—Hitterchey, who is a returned convict, knows all about it. It is through a case that was tried here two sessions ago that I am brought here.
PHILLIPS— GUILTY . HUSTWAITE— GUILTY .—They were both charged with having been before convicted; to which they PLEADED GUILTY.— Ten Years' each in Penal Servitude.—There was another indictment against Hustwaite.
MR. PLATT conducted the Prosecution, and MR. W. SLEIGH the Defence.
GEORGE BOOTH . I am barman at the Crown public, Seven-dials—about 7 on the night of the 1st March—I saw the prosecutor and the prisoner and other people at the bar together—the prisoner had some money in his hand, and the prosecutor knocked it out—a scuffle took place between them, and they fell—I went to fetch a policeman—when I came back the prosecutor was bleeding from his arm—I did not notice his facer—the prisoner had gone.
Cross-examined. Q. Was anything said by the prisoner to the prosecutor, before the prosecutor knocked the money out of his hand? A. I did not hear anything—I saw the money knocked out of his hand, and roll on the floor—I did not see any one else join in the scuffle—I did not see the end of it.
WILLIAM LARK . I am a carpenter, at 22, Queen-street Seven-dials—I was at the Crown public-house on March I—when the man was hurt I got on a barrel to see what was going on—I saw the prosecutor standing—both of them were drunk—I saw the prosecutor afterwards laying on the floor—the prisoner spoke to him—after he was on the floor the knife was used—he kicked him on the face, and said, "You—, I will stab you"—he stabbed three or four times—I afterwards saw Crockett bleeding—I cannot say whether this (produced) is the knife—it was a small knife.
Cross-examined. Q. Were not you very drunk? A. No, I was sober at the time this accident occurred—I have been examined twice before this—what I said was read over to me, so as I could hear it, and I signed it—I did not say at the police court the first time, that I was not sober at the time; I did on the second occasion—I was sober at the time this unfortunate occurrence took place—I swear that I cannot say whether that is the knife.
COURT. Q. Did you see the money knocked out of the prisoner's hand? A. No—I saw it picked up in the room—I picked it up—that was before any blow was struck that I saw.
—on the evening of 1st March, the prosecutor was brought there—I found a wound towards the back part of his left arm, upwards of five inches in length—I cannot say positively the depth—it was bleeding very much—he had a wound on his face which was bleeding, and bruised considerably—the wound on his arm might have been done with a knife like this—I think such a knife must have been used, to make a wound of that extent—the toe of a boot or shoe might have caused the bruises on his face—the prosecutor was tipsy—he remained as a patient up to 22d March, and then became an out patient.
Cross-examined. Q. Do you think that knife could have caused such a wound without very great force being used? A. I think it could—I could not give you an opinion about the wound on his face.
JOHN CROCKETT . I am a labourer, of Newton-street, Holborn—on this night I was at the Crown, very tipsy; so much so, that I cannot say how something happened to me—I knew nothing about it till the next morning, when I found myself in the hospital.
EDMUND GILL (Policeman, E 25). From information I received, I went on 2d March to St. Giles's—I found the prisoner, and said, "I shall take you in charge for cutting a man of the name of John Crockett"—he said that if he done it, he did not know it—I found this knife (produced) on him—it appeared as if it had some blood on it, it was about as plain as it is now.
NOT GUILTY .
MR. HOUSTON conducted the Prosecution, and MR. DALY the Defence.
EDWARD GALVIN . On Saturday night, 24th March, I was in the gallery at the Dean-street theatre—a young woman I knew was there, and I put my arm round her waist—the prisoner came up and struck me in my back—I looked round, and saw who it was, and let go of the young woman—I stopped looking at the piece for about five minutes till the curtain went down; then I went down stairs, and the prisoner stood in front of me—I asked her to get out of the way—she then struck me on the chest—I struck her at the side of the cheek, and she went to hit me again, and I bobbed my head down, and it went under her arm—I went down on the stage, and did not see the prisoner any more until the play was over, when I saw her outside the door—when I was coming out to the street, she asked me if I was going to see her home, and when I was going down to see her again: and I said I should not go to see her, and then she struck me in the chest—this (produced) is the knife—I gave it to my father.
Cross-examined. Q. Are you employed at this theatre? A. Yes—I am not there every night—I have some regular employment—I have known the prisoner about twelve months—when I first knew her, she was living with her mother—I met her in the gallery at the theatre with another young woman—I afterwards kept company with her—I have lived with her about five weeks—I do not know whether I was living with her on 20th March—she went away herself—I never told her mother—she was in lodgings before I went with her—I did not take lodgings in Union-street for her, she took them herself—I lived with her there—I was not at work then—she kept me—she was a respectable girl when I met her—we were living at 8, Union-street, when the mother called—she took the lodgings, I did not know she was going to take them—I knew she was in the lodgings about a
week after she took them—I did not know but what she was at home for a week—another young man kept company with her—she gave me his name—I seduced her, but the other young man did so too—her mother came and kicked up a row in the house, and we got turned out, and I took her home to her mother—I met the other young woman in the gallery—at the time the prisoner saw me, my arm was round her waist—I only struck her once—she had her arms folded underneath her cloak—I told her she need not come down to see me any more, and then she took the knife out and stabbed me—there was no struggle of any sort—I was not striking, or pushing her.
JOHN WALTER TAYLOR . I live at 26, Portland-street, Soho—on Saturday, 24th March, I was at the Dean-street theatre—I saw the prisoner there—she asked me to lend her my knife—this (produced) is it—I gave it to her—I asked her for it down stairs—she said, "I will give it to you presently"—I did not see anything take place.
Cross-examined. Q. Do you know her? A. Only by sight—I did not see her cut her crinoline with my knife—I did not see her stoop—I gave her the knife in the gallery—as soon as I gave her the knife, I went away from her—I do not know what she did with it then.
GEORGE KNIGHT . I live at 16, Silver-street—on the night of 24th March, I was outside the Dean-street theatre—I saw the prisoner and the prosecutor there—I heard them have some words, and afterwards I saw the prisoner go a few yards, and stab him about the arm—this is the knife.
Cross-examined. Q. Was there any struggle before that? A. I did not see—there were no words passing—I only heard him tell her to go home—I was talking to one of my mates at the time; I did not hear what passed—I am sure I saw her run back about four yards.
JOHN GOWER . I live at 3, Church-passage, at the prosecutor's house—on 24th March, he was brought home wounded—I have seen this knife before—his father gave it to me—I took it to the station—I was in company with the police-sergeant when the prisoner was taken.
WILLIAM STEPHENS (Police-sergeant, C 11). From a communication made by the prosecutor to me, I took the prisoner—I sent to Charing-cross hospital to inquire how the prosecutor was, and was informed he was dangerously wounded—I told her that I should take her into custody for wounding Edward Galvin—she did not say anything—this knife was handed to me at the station.
JAMES MACKINLAY . I am resident medical officer at the Charing-cross hospital—the prosecutor was brought there, suffering from a punctured wound on the left side of the front of the chest—I cannot say for certain how deep it was—it appeared to me to divide down to the wall of the chest—this knife might do it.
Cross-examined. Q. Was it deep? A. It appeared to go as far as the wall of the chest—the lungs were not injured—the wound went through the muscles.
MR. DALEY called
ANN LEES . I am the prisoner's mother—when she met the prosecutor she was living with me—she assisted me in a laundry business—I believe she is now in the family way—I am quite satisfied that she had no connexion with any man before she lived with the prosecutor—she has been in a state of madness ever since the prosecutor has left her.
GUILTY of unlawfully wounding. Recommended to mercy by the Jury, on account of her youth and the provocation . Judgment respited .
MR. LILLEY conducted the Prosecution.
JAMES WHITTOME . I live at 6, Cassland-terrace, Cassland-road, South Hackney, and am a clerk—on Sunday night, 25th February, I was the last up in my house—it was properly secured and fastened—about half-past 6 on the Monday morning, the 26th, I came down, and found the kitchen in a state of confusion—when I opened the kitchen door, I found the house had been entered—a pane of glass had been removed from the washhouse window, and a hole had been made in the kitchen door, so as to push the bolt back—the garden gate and the safe door were wide open—I missed children's clothes, jackets, four pairs of boots, a box of tools; and a quantity of meat, and tea and coffee, had been taken away—they were safe the evening before—I have seen this (produced) screwdriver since, but I cannot swear to it, my boys can, as they bought the chest of tools.
JAMES HENRY WHITTOME . I am fifteen years old, and a son of the last witness—this screwdriver belongs to my brother and myself—we had a box of tools between us—I was using it on the Saturday evening before the robbery—my brother broke it at the point, and it was ground down.
EBENEZER GEORGE WHITTOME . I am a brother of the last witness—this screwdriver is mine and my brother's—I know it, because I broke it, and had it ground down—I saw it last on the Saturday evening—I missed it on the day of the robbery—it was in the tool-box with the rest of the things.
NOT GUILTY .
MR. LILLEY conducted the Prosecution.
MARY ANN LLOYD . I am the wife of Abraham Lloyd, of 4, Bentham-place, Bentham-road, South Hackney, a general shopkeeper—on the night of 28th Feb. we all went to bed together, at 11—I barred the kitchen door—it was safe when I went to bed—at 2, I was disturbed by a dog walking about, and the footsteps of a human being in the garden—I listened, and heard a very strange noise in the kitchen, as if some body was getting in the house—the window was opened and a bolt was moved, and then the kitchen door was opened—I awoke my husband—he called out, "Who's there?"—there was no answer—he dressed and went down—we thought it was a lodger—on going down stairs, we found a piece cut out of the panel—there was a piece of carpet laid, and one spoon put in it ready to take away—it had been on the table the night before—we went into the shop, and found Bray with the prisoner—I found a pane of glass broken in the kitchen, that was sound when I went to bed—I found a piece of wood down by the door; it had come out of the panel of the door, looking from the kitchen to the passage—my husband is not here—he is ill—when I opened the door, the prisoner was in custody of the constable.
WILLIAM BRAY (Policeman, N 125). I was on duty in Union-road, Hackney, about half-past 2 on 1st March—I heard a dog over the gates of No. 4—Mrs. Lloyd lives there—I heard the prisoner's steps coming from the gate at the back of the house, into the road—I was not ten yards from
him when I heard him—the garden behind Lloyd's house is inclosed by a wall—I asked him his business, and while I did so, I heard noises in the house, and they came out—I searched the prisoner, and found a screwdriver in his pocket—I went into the back yard and found a large black dog, which the prisoner said was his—I examined the garden by daylight, and found footmarks which exactly corresponded with the prisoner's boots—besides the screwdriver, the prisoner had a tobacco-box, a shirt, and this bag—on the door and through the panel, I found marks exactly corresponding with the screwdriver—I was close to the house when I first saw him.
Prisoner's Defence. I was coming from Lea-bridge, and was walking past the gates of the premises, when the constable caught hold of me; there was somebody breaking in the house, and he took me for it; I had nothing to do with it; they took my shirt off, and I have been under the doctor's hands ever since; the dog followed me about the street, and it went over the wall after a cat; I was remanded for a week, and was then brought up for another affair; I was two or three houses past the house when he first saw me.
GUILTY . **— Confined Fifteen Months .
OLD COURT.—Thursday, April 12th, 1866.
Before Mr. Justice Smith.
375. THOMAS BROWN (21) , to assaulting John Loveman, and causing him actual bodily harm.—Confined Six Months. He was also charged on the Coroner's Inquisition with feloniously killing and slaying the said John Loveman; upon which MR. KEMP for the prosecution, offered no evidence.
NOT GUILTY .
376. CHARLES STARR (26), WILLIAM STEVENS (30), and HARRY WATSON (21) , Feloniously cutting and wounding James Barnes, with intent to murder him. Second Count, to do grievous bodily harm. Third Count, to resist the lawful apprehension of Starr.
MESSRS. POLAND and COLLINS conducted the Prosecution.
MR. DALEY defended Starr.
JOHN HACKNEY . I am house-surgeon to the Royal Free Hospital—James Barnes has been there ever since 10th December, except two days—I saw him this morning—he is in a very weak state, and unable to leave the ward—he had concussion of the brain and of the spine, and fracture of three of the lower ribs on the right side, with inflamation of the right lung, the result of the fracture—he is likely to lose the use of his right side, and right arm and leg—he was bruised very much in the back, and on the left
side of his head, and had a bruise over his right eye—he is still suffering from a low form of inflammation of the brain, which affects his sight, and he has entirely lost the hearing of his left ear—his intellect is weakened, and he is spitting blood daily, and getting weaker every day—he is not in a fit state to travel or give evidence—I was before the Magistrate when he was examined—the prisoners were present, and had the opportunity of cross-examining him—I saw him sign his deposition, and believe this (produced) to be his signature.
Cross-examined. Q. Have you any doubt the prisoners were present? A. No doubt, I saw them—I think the injuries could all have been inflicted by one man—if he had been knocked down and jumped upon, that would have done it.
The deposition of James Barnes was here read as follows:—"I reside at Highgate, and am a police constable, Y 232—on the night of 9th December last, I was on duty with other constables in the Hornsey-road—the prisoner Starr, who I knew by the name of Lincoln, was given into my charge by Sergeant Forster, as one of several men who had assaulted the police—while I had charge of him, an attempt to rescue him was made—we were pushed into a dark street called Hooper-street, leading out of Hornsey-road—I was thrown down—I held the prisoner as long as I could—the prisoner Starr at last got up and stamped with his foot on my chest, breaking my ribs, and injuring me very much indeed—I was taken to the hospital. JAMES BARNES."
THOMAS FORSTER (Police-sergeant, Y 28). On 9th December, at night, I was sent for to the Volunteer beer-shop, Hornsey-road—I went there in uniform with Dalton and Barnes—we went inside and cleared the house of Starr and another man, a stranger to me, who were fighting inside—I saw Stevens and Watson in the house—we cleared out from fifteen to twenty persons, but the landlord would not charge any of them—it was half-past 10 at night—Starr was stripped to his skin—he had no shirt on—his trousers were on—I advised him to put on his shirt and go away quietly—he refused to do so, and struck me with his fist two or three times on the lower part of my face, kicked me, and stamped on my toes—I then took him into custody, and handed him over to Barnes and Dalton, and went back to the beer-shop, being about 100 yards from it—I found Stevens outside the beer-shop, making a disturbance, and wanting to fight—I wanted him to go away a different way to Starr, but he would not, and went down the road after Starr—I followed him, and he tried to get Starr from the custody of Barnes and Dalton—he laid hold of him by the arms, and wanted to pull him away—he said nothing—I took him in custody—a large crowd got round, who hustled us as far as Hooper-street—I was thrown down several times—Stevens struck me on my face, bit my right little finger, which made the nail bleed, and kicked me on the left side of my right knee, which left a large bruise there—Starr was nine or ten yards further up the street, in the dark—I was thrown down several times by some of the mob, but I still kept hold of Stevens with my left hand; and when I was thrown, he went down as well—he called on the mob to rescue him, and said, "Who are you for? are you for us, or for these b—s"—some of the mob cried out, "We are for you"—Stevens cried out, "Well come on and get us away"—the mob kept pushing us about, but did not get him away—I received a blow on the back of my head with a brickbat, from one of the mob—there were nearly 200 of the mob in Hooper-street—assistance arrived; Stevens was taken to the station-house, and I followed him—Starr had escaped, but I took him and Watson about an hour afterwards, at 38, Mitford-road,
which is at the top of Hooper-street—they were both in bed—Starr had been drinking, but he well knew what he was doing—he walked very quietly with me to the station—Stevens had also been drinking—Watson was perfectly sober—I did not see Watson do anything, or hear him say anything.
Stevens. Q. You said you took me in Hooper-street, but you took me at Hornsey-road, by the Volunteer? A. I took you in Hornsey-road, about 150 yards from the Volunteer, but we were struggling in Hooper-street—I had you in custody when we arrived there; we were hustled up Hooper-street by the crowd—I was compelled to release you once, because I was nearly exhausted, and then Mr. Hoare came and assisted me, and I took you again.
JOHN DALTON (Policeman, Y 151). I was on duty in Hornsey-road, and in consequence of something which was said to me, I went to the Volunteer beer-shop, and saw the three prisoners—Starr had only his trousers on, the landlord said he would charge the prisoners, and we cleared the house—there were half a dozen or a dozen inside—when we got the prisoners out, the landlord refused to charge them, and we advised them to go home, but Starr stamped on Sergeant Foster's toes, and struck him on the mouth with his fist—he gave him in custody, and I and Barnes took him—Sergeant Foster then went back to another disturbance created by Stevens, who said he would help his mate and see that they should not take him—he then seperated from us—we got on one side of the road with Sergeant Foster, and he on the other—we both had hold of Starr, and Stevens called on his mates by name to rescue him—1 forget their names—I told him that after assaulting us in such a manner, we should not allow them to go away, and the other constable told him so also—Starr called on the mob to rescue him, and said he would be b—if he did not fight for liberty—Martin caught me by the collar several times, and asked me to let the prisoner go, and he would take him home—I told him I should do no such thing—Watson said, "Get the b—'s up in the dark, and give it to them," and the crowd then forced us up in the dark, and threw us down—Barnes and I were thrown down, and so was Starr—we fell on our backs, and when Starr was trying to get away from Barnes and me, I saw him stamp on Barnes' chest with his knees, as Barnes laid on his back, with his face upwards—I was lying by his side—Starr was free at that time, and could have gone away without doing it, because nobody had hold of him—he got away, but I got up and followed him—Watson was standing close by Barnes after Starr got away, and I took him in custody, as I had seen him shoving us up into the crowd—I took him at the top of Hooper-street, leading to the Mitford-road—I took Starr a second time, and had him in custody a quarter of an hour, but Watson got him away from me after a severe struggle, and he got in at the door of 38, Mitford road—he got him away by throwing me down, and I had to remain there while he went away—I could not get up to follow him—there were other people besides Watson—I then went back to Hooper-street, where I had left Barnes, and found him leaning up against the wall, quite useless, with his head against the bricks—I then assisted Sergeant Foster to the station with Stevens, and then came back with Foster and other constables to 38, Mitford-road, where we took Starr and Watson out of bed, and took them to the station—Starr appeared to have been drinking, but Watson appeared perfectly sober.
Cross-examined. Q. Were you present when Starr was taken first? A. Yes; and we let him go, and he came and assaulted the sergeant—when he came back, he was going towards the public-house—I asked a woman who
stood by, and who they said was his landlady, for his clothes, that he might put them on—I do not know whether he asked for them when he came back—I do not know whether somebody tried to put his clothes on—I was at a distance, but when I went in a woman stood with some clothes in her arms, which she said were his—it was before he assaulted me that I saw somebody trying to put his clothes on him, and he would not let them—it was when the landlord gave him in custody—I took him a second time when he came back, because Sergeant Forstergave him in charge for assaulting him, but I did not see that—I did not see him stamp on Forster's toes, but Forster told me so, and gave him custody—Barnes had got Starr round the waist—he could not hold him in any how else, because he had no shirt on—we asked him to put his clothes on, but he would not—they kept singing out, "Put his clothes on;" his landlady might have followed him with them—it was some of the mob who called out, but he said no he would not—that was at the corner of Hooper-street—no one offered them to him in my presence—I held him by the belt of his trousers, round his waist—I cannot tell where Barnes held him—it was rather dark, and the crowd were shoving us about—I did not see Barnes have him by the neck; perhaps he might, but I did not see it
Watson. When I got to the gate, Starr was in the house. I begged you not to go in and take him. I will take my oath you never caught him against the gate at all; the landlord shut the door. When I got up he had gone in, and the door was shut. I followed Stevens to the station, and when I got to the Hornsey-road, you asked me what I wanted following you. I said, "Nothing." You met a gentleman on horseback, stopped him, and told him about it. Starr would have gone home if they had let him have his clothes, but they would not. They took me in custody. I asked what it was for. They said it was because I had been asking them to let Starr go. I only put my hand on your shoulder to ask you to let me take Starr home. Witness. You asked me quietly to let you take Starr home, but that was after Forster had given him in custody—you did not ask in a violent manner—I could not do so because he had been given in custody—you said no more then, but you both followed us—I am sure you got me by the collar—I first saw you after getting Starr out of the beer-shop—you were quite sober—I told you several times to let go of my collar in Hooper-street.
COURT. Q. Where was he when he said, "Get them up in the dark, and give it to them?" A. In the Hornsey-road, at the corner of Hooper-street.
MR. POLAND. Q. Is Hooper-street darker than the Hornsey-road? A. Yes—there are new buildings going on and no lamps—there are plenty of bricks about—up to the time Starr got away he had no shirt on—when Foster gave Starr in my custody he tried to throw me down, and Barnes and I upon that laid hold of him.
MARK WADE . I am a zinc-worker, of the Hornsey-road, and shall be sixteen next October—on 9 th December, between 10 and 11 at night, I was at the corner of Hooper-street—I first saw the police just at the Volunteer public-house—a fight took place there between Starr and another man, and Barnes and Dalton took Starr in custody—I saw him taken up the Hornsey-road—I followed till they stopped at the corner of Hooper-street—Starr said that he would not go, and stones and bricks were thrown about by the mob—Starr and the policeman struggled up Hooper-street, and I saw Starr shove the policemen about till he got Barnes down—Dalton was then on the
other side, Starr pushed him down as well; he dragged him down as he fell on Barnes with his knees with all his weight, and then he struck him on the mouth, and said, "Take that"—he then got up and struggled with Dalton and escaped, and Watson shoved him into his house in Mitford-road—before Barnes was injured, Watson was telling Starr not to go to the station—after Starr went away, Barnes got up and leant against the wall—he stopped till they took Stevens to the station, and then went with them.
Cross-examined. Q. Where do you work? A. I live with my father, at 2, Tollington-place, and help him—I work there—I know Barnes by seeing him go to and fro on his beat—I never spoke to him, and Dalton just in the same way; I never spoke to him—I followed, seeing the mob—I was close against Starr and Barnes when they fell, not so far as I am from you; as near to them as I am to that desk—the mob were round me—I was not struck with brickbats—the people were all pushing to see who was lying down—some were not standing between me and Barnes, because we all helped him up—at the time Starr threw himself on his knees, Starr was on his legs, and Dalton was holding Starr by the neck and arms as he had no clothes on—I mean that while he was holding him Starr was on his feet, and
fell on him, and knelt on him—he put his knees on him when he got him against the kerb.
COURT. Q. You describe how he put his knees; did he do that as he fell on him, or did he rise up again? A. As he stood—he fell on him in a great passion—he did it on purpose.
MR. DALEY. Q. Then he did not fall? A. Barnes fell first and let go of Starr, and then Starr threw himself on Barnes's chest, and as Starr fell both of Barnes's hands let go—I did not hear Dalton examined at the Police-court or here to-day.
Watson. Q. You say I received him into the house? A. Yes—I did not open the gate for Starr to run in, I was not near it; I was behind the policemen—I was not in the public-house, and said nothing about Starr's clothes—I did not say, "Do not let him have his clothes, and then they cannot take him"—I do not know the landlady.
MR. POLAND. Q. Do you live a few doors off the beer-shop? A. Yes—no one was holding Starr when Barnes was on the ground, but before he fell he was held by Barnes and Dalton—when he pushed Barnes, Dalton let go—he then pushed Dalton away from him and fell on Barnes with all his weight with his knees—I had nothing to do with persuading the people not to let him have his clothes—I did not see his clothes when he came out of the public-house, he was stripped.
GEORGE COSSER . I am a baker, of Andover-road, Holloway—on 9th December, about 11 o'clock, I was in Hornsey-road, and saw the prisoners wrestling with the police and assaulting them—I saw Barnes fall on the ground, with his back on the kerb—he was thrown down—I cannot tell by whom—I saw some one on him, but it was dark, and I could not see who it was—that person was doing nothing, but I saw them get up again, and then I saw that Barnes was very much hurt—I did not see him bleeding—the prisoners were calling on the mob to rescue them, and brickbats and stones were thrown.
NATHANIEL THOMAS WEATHERALL . I am a surgeon, of Highgate—on the night of 9th December, I was sent for to the station, and saw Barnes—two ribs in his right side were fractured; a third I was not certain about—the sternum was injured, though there was no abrasion of the skin, and he
complained of great pain there and in the broken ribs—he did not complain of his head or back—he was not bleeding—I had him sent to the hospital.
Stevens. There is another witness on their side I should like to hear; he is a master builder.
JAMES HOARD (Examined by the Court). Q. Did either of the prisoners do anything to you? A. No; they only tried to get away—I assisted Sergeant Foster to hold Stevens—I was kicked and fell down, we fell altogether—some of the mob kicked me; not the prisoners, but they tried to get away Stevens. Q. You did not see me kick Foster or strike him? A. No; I saw no blows on either side.
MR. POLAND. Q. Did you see Barnes on the ground? A. Yes; but I saw nothing done to him there, he was struggling—I afterwards saw him leaning with his head against the wall, his hands on his belly, and blood coming out at the corner of his mouth—I said, "Are your hurt?"—he said, "Yes, very much."
Stevens's Defence. I was drunk in the Hornsey-road when I was taken by Foster; there was a row in the street and Foster ordered us along; I did not go exactly to please him and he took me in custody. I rather hung back and he threw me on the ground and knelt on me, put his knuckles in my throat and called on Mr. Hoare to assist him; he took me part of the way to the station and gave me in charge of another policeman—I never kicked a policeman.
Watson's Defence. Starr and another man had a fight at the Volunteer, and the landlord called the police to get them out; they took the first man out and he went away: they put Starr out and told him to go home; he said that he would if they would let him go back to get his clothes; Sergeant Foster took him, and then said that he struck him on the mouth, but I did not see it. I asked the policemen to let me take him but they would not; a brick caught Barnes in the side and he was knocked down. When I got to Hooper-street I begged them not to take him; he said if he did not take him at night he would take him in the morning. I told the patrol that I had been in a good deal of trouble trying to get them to let me take him home; they took me and Starr out of bed at two or three o'clock on Sunday morning. I can take my oath I never touched him.
STARR GUILTY .— Five Years' Penal Servitude . STEVENS and WATSON, NOT GUILTY .
MR. POLAND for the Prosecution, offered no evidence against WATSON.
NOT GUILTY .
THOMAS FOSTER . The evidence I gave on the former trial is true—Stevens called out to the crowd, "Are you with us?" and after that brickbats were thrown and mud—one of the brick-bats struck me on the right side and cut my head—Mr. Wetherall examined me the same night—Stevens bit a portion of my nail, and made my finger bleed but he did not bite the piece off, his teeth went through my nail.
Stevens. I never insulted him or bit him.
COURT. Q. Was he sober? No; he had been drinking; he was not so drunk but what he knew what he was about.
assaulting the police—he said, "This is a d—nice thing; am I the only person who is to suffer?"—the other two prisoners had not been taken then—he was semi-drunk; he had been drinking.
NATHANIEL THOMAS WEATHERALL . I saw Sergeant Foster on the night of December 9th, he had a contused wound on his head, it cut through the skin down to the bone, at least, I found it so on probing it; it might have been inflicted by a brick bat—his right thigh was injured by a bruise, but not much—one of his nails had been broken and was cracked across; it was not bleeding then—head wounds are always serious because sometimes they terminate in erysipelas.
Stevens's Defence. I am quite innocent of what I am charged with.
STEVENS GUILTY .— Confined Nine Month . STARR, NOT GUILTY
MR. BROOK conducted the Prosecution, and MR. RIBTON the Defence.
ALFRED HAZLE . I am a commercial traveller of Southwood-terrace, Highgate, next door to the prisoner—on Thursday morning 28th December, about four o'clock the prisoner came to my house and asked me if I would go into his house as he had been attacked by two thieves, and wanted assistance—I went to the door and listened and heard a groaning down stairs—I was afraid to go down, and said, "I had better go for the police"—after waiting a minute or two I went to the station, a policeman came back with me—we both listened at the top of the staircase—the prisoner was still at the door when I came back—the policeman did not care to go down, and I did not—he gave me the privilege of going down first, but I did not—I went for a second policeman, and when I came back I found the inspector there—the prisoner seemed to have been drinking; I could hardly say he was tipsy—he said he believed the thieves were still down stairs, and he thought he had marked one of them; he had cut one about a good deal on the arms and legs with a knife—we still heard the groaning, and the prisoner kept saying that he heard the two men in the room—I went down into the back kitchen with the inspector and two policemen—one of them opened the door and we went in. together—we could not open the door at first—I have not a distinct recollection whether a candle was burning in the room, but I believe it was dark—the light must have been from a policeman's lantern—we went in and found Mrs. Keeble lying against the window at the far part of the room—she had the appearance of having had a violent push and being forced under the window with violence—her head and shoulders were against the wall as if she had been sitting about a foot from the wall and had fallen, back—she was quite insensible—the prisoner was there—I think he said that he thought the thieves must have attacked his wife, and that he had been fighting with the thieves for two hours when he first came to me—I left Mr. Keeble there and went for a doctor—nothing seemed to have been disarranged in the room—there was a sovereign lying on the floor-after an hour Mrs. Keeble recovered her senses, and the first words she uttered were, "Oh, my poor thigh!"—there was a great deal of blood on the sofa, some on the floor, and some on a chair—it was the basement floor used as a sitting-room—there was blood on the prisoner's hands when he came to me; he was dressed, and Mrs. Keeble was fully dressed, but she had one boot off—the prisoner had his slipper on, or one slipper on and one off, I know he had not his shoes on—the police asked him if he had a knife—he said yes, and took a small pocket-knife from his pocket and said that
it was the knife he used to cut the thief with—I have, no doubt, that this (produced) is the knife; there are two blades, the first is broken and the second is believed to have been broken during this struggle; one was whole when the attack was made—there is blood on it
Cross-examined. Q. Have you known the prisoner long? A. Seven or eight years, and his wife about the same time—I had been in the habit of going to his house occasionally, we were neighbours—they lived as most others do—I have not known them to quarrel seriously—I cannot say that I ever saw them quarrel—I have never known any violence, they lived comfortably enough—Mrs. Keeble did not seem able to express herself—she said something about a man coming into the room and attacking her, but that was some time afterwards—she seemed to consider that it was not her husband, but a stranger who had broken in—it was before I went to business at six o'clock that I heard that, between eight and nine—she said that a man came into the room, put out the light and began to attack her—she did not positively say that it was her husband—she said that she thought it was a shorter man than her husband—the room was furnished as an ordinary room would be with a sofa, three or four chairs and a table.
CHARLES O'LOGHLEN (Police-inspector, Y). On Thursday morning, 28th December, I went to the prisoner's house and saw him and his wife and Hazle in the back kitchen—Mrs. Keeble was lying on the floor in a state of insensibility—I found a pool of blood under the sofa and a slipper in the blood, which the prisoner said was his—there was also blood on the sofa and all over the room, and in the further corner of the wall, close by where the prisoner was sitting—he said that thieves came into his house, attacked him and his wife, and in defending himself he cut one of his assailants about the arms and legs—he said, "They have not gone far for I have injured them so that they must be somewhere about the neighbourhood"—he persisted in saying that there were thieves in the house, and I searched the house but found nothing disturbed, and the doors of all the rooms closed—there was no indication of the house having been broken into, the doors were all closed and the drawers and articles all undisturbed—he said that he had wounded one of his assailants, and I found a small pocket-knife on the floor—I asked him if it was his—he said that it was, and that that was the knife with which he wounded his assailants—I asked him if both the blades were broken—he said, "No, only one, the other blade I keep to pare my corns"—that is the knife which was found just now, it has been in my possession ever since—I saw a sovereign on the floor—he saw me pick it up and said, "That is one of two sovereigns I had taken from her pocket to give my assailant to let me alone"—after examining the house I returned to the back kitchen and found the prisoner there, still sitting in the same chair I examined him and found blood on his clothes and hands, and the skin on his knuckles broken which I called his attention to, and he said it was caused by his knocking on the panelling to make the person in the other house hear when he called for assistance—I found on the panel, marks smeared with blood such as would be made by a person knocking his knuckles, smeared with blood, against it—he kept saying to his wife, "Dear Hannah, dear wife, were we not attacked?" and after some time when she became somewhat recovered, she said, "Yes, we were"—when I first went in Mrs. Keeble was lying on the floor, her arms and legs partly uncovered—she was insensible—she did move once and say, "Oh, my poor thighs!"—afterwards she came to a little—she appeared to have been drinking—the prisoner was in a state of very great nervous excitement, trembling and
shaking all over—I think Mrs. Keeble believed she had been attacked by thieves from what she said—on the same afternoon I saw the prisoner in his bedroom where he was in charge of a constable, in consequence of his excited state, as the doctor said it would be dangerous to remove him—I asked him how he was—he said he felt very miserable—and said, "I am now convinced that I must have injured my wife in the way in which you have seen her, thinking that I was defending myself from an attack of thieves. My wife and I were at the Rose and Crown public-house last evening and I recollect nothing after leaving there until I found myself calling for assistance to Mr. Hazle outside the house"—he cried and was very much affected—he said that he felt convinced no thieves could have been in the house and that it must have been him that did it.
Cross-examined. Q. Had he been told that search had been made to see if thieves could have got in? A. I do not know—search had been made—his son was not there, nor do I remember his saying, "Do not you think, father, you might have attacked my mother, thinking she was a thief?"—I saw this gentleman there, he might have said so to his father, but I do not recollect hearing him—the son had no conversation with the father before the father stated that to me, because I sent the constable for the son and acquainted him with the occurrence—I had searched the house, there was no servant there that I am aware of—before his son arrived the prisoner said that he believed he was attacked by thieves, and cut one of his assailants with his pocket-knife.
COURT. Q. When he said that he must have done it himself, was that after he had seen his son? A. After—he appeared to have been drinking very much.
MARIANNE WOODWARD . I am the wife of Joseph Woodward, who keeps the Rose and Crown public-house, Highgate—Mr. and Mrs. Keeble were visiting me on Wednesday, 27th December—they remained with me till twenty minutes or a quarter to 1 o'clock, and then left—they were very comfortable, and happy and agreeable in every way; they sang together, and spent a very comfortable evening—they were not excited particularly, but they were very merry—it was Mrs. Keeble's birth-day, a day or two before, and they were saying how happy they were, they had lived together so long—they both had a little brandy and water—I did not notice that they were any the worse for drink when they came—they were very merry when they left, but quite capable of walking home: just capable—I have said that Mrs. Keeble was a little excited by drink.
Cross-examined. Q. Have you known them some time, and always on the best of terms? A. Yes; they were very affectionate that evening—it would take them ten minutes to walk home—they shook hands, and parted very comfortably—they might both have been drinking a little before they came to my place, but nothing to make them drunk—they were exhilarated:—very merry.
FRANCIS HIDE FORSHALL , M.R.C.S. I live at Highgate—on the morning of 28th December, I was called to the prisoner's house, about twenty-five minutes to 4 o'clock—I found Mrs. Keeble on the floor, in the basement at the back of the house, on the flags, almost insensible, and surrounded with blood—her clothes were stained with blood—I examined her thighs, and found about thirty-one incised wounds altogether—some of them as much as six or eight inches long, and all of them directly across the limbs, as if the instrument had been drawn along—the greatest violence appeared to have been used on her right arm, which was one mass of cuts, almost from the
elbow downwards—there was one deep cut about two inches and a half below the left groin, immediately over the principal artery; and the sheath of the principal artery of the left arm was opened so as to expose the vessel—the wounds on the right thigh were low down, towards the knee—there were also some superficial wounds—there was one deep wound immediately over the artery of the left thigh, two or two and a half inches from the groin—it was about three-quarters of an inch deep—the greatest violence had been inflicted on the right arm, pieces of tendon had been cut right out, and I should gather that the wounds on the right arm could not be inflicted with a broken knife—such an instrument as this knife would inflict the wounds I saw—both blades are broken, but I should think the wound on the right arm was produced by the knife when it was whole—she had lost a large quantity of blood—she was nearly insensible, and during the first hour, I several times doubted whether she would die or not—the wounds had been inflicted within two hours, from the blood being coagulated, and most of the wounds having ceased bleeding—she complained of her neck, and chest, and back, which I found more or less contused—on the Monday following, I examined a gown and under clothing, which were represented to me as those she wore—they were stained with blood, but there were no marks of cuts on them—the prisoner was drunk when I went—I attended him for some days, and have also been attending Mrs. Keeble.
Cross-examined. Q. Did you look at the sleeves of that gown? A. Yes; I cannot recollect whether they were open sleeves.
COURT. Q. HOW was her dress when you saw her, was it fully down, or was her person exposed? A. Her person was not exposed, but the police had been there some time before me—if she had worn the gown and clothes I saw, they must have been raised at the time the wounds were inflicted, otherwise they must have been cut—there were no cuts about them whatever, but they were very much blood-stained—I had no reason to doubt they were the clothes she wore.
MR. BROOKS. Q. When did you see her last? A. This morning—she was not in a fit state to come here and give evidence, and I do not anticipate she will be for some time—she has an attack of acute rheumatism, adding to her weakness.
MR. RIBTON. Q. Then it is not the state of her wounds that renders her unable to come here? A. Her wounds are healed.
CHARLES O'LOGHLEN (re-examined). I was present on 12th March, when Hannah Keeble was examined—the prisoner was present, and his legal adviser cross-examined her—the oath was administered to her, and her deposition was taken before two or three gentlemen.
Deposition read. "HANNAH KEEBLE on her oath saith as follow:—I reside at 5, South wood-terrace, Highgate. I am the wife of Henr Keeble. My husband has always been fond of me, and good-tempered. I was very happy; he never ill-treated me. On Thursday morning after Christmas-day, I had been visiting out; I was in the Rose and Crown; my husband came in. We spoke about my birth-day being the day before; my husband kissed me; we went home together. My husband was merry; we have always been friendly. I sat down in the chair, and was taking off my bonnet and a boot. The light was put out; I was seized, I think, by a smallish man. I think it was a smaller man than my husband; I cried out to my husband to save me. I asked what he wanted, if it was my money, I said 'Take it.' I found myself on the floor. I found I was bleeding, and I recollect no more. No words were spoken, but the man breathed hard, and trembled violently."
The prisoner's statement before the Magistrate: "I will reserve my defence.
I had not the slightest idea or intention to injure my wife. I went to sleep, and woke up in great terror, under the idea that a thief was in the room."
(The prisoner received an excellent character).— NOT GUILTY .
NEW COURT.—Thursday, April 12th, 1866.
Before Mr. Justice Lush.
MESSRS. F. H. LEWIS and M. WILLIAMS conducted the prosecution, and MESSRS. SLEIGH and BESLEY the Defence.
EDWARD STEPHEN PEACOCK . I am a jeweller's manager, and reside at 477, New Oxford-street—my wife's name is Margaret—from information I received on the evening of 6th January, I went to a baker's shop in Museum-street, and found her there suffering from the effects of some acid which had been thrown in her face—her bonnet was very much burnt with acid—I have known the prisoner about fifteen months—he is a surgeon-dentist, of Old Quebec-street—on 18th December, I found a paper placed just under, my window outside—I think that was about 11 o'clock at night—in consequence of that, I went and saw the prisoner the same evening—he came back with me to New Oxford-street, and there I accused him of being the writer of the paper—I showed him a bottle, which had a label on it written by him, and I told him I believed that the party who had written the one, had written the other—he denied writing the paper—I told him I would not believe him unless he wrote from my dictation a copy of it, which he did.
MR. SLEIGH. Q. Have you not said before the Magistrate that you could not speak to the prisoner's writing? A. Never; I cannot say I have seen him write before, but I have seen his writing.
COURT. Q. Are you acquainted with the style of his writing? A. Yes; by seeing it on the bottles that he generally used to send us.
Read. "50l. Reward, for the name of the bully who had been with a married woman, who lives not 100 miles from here, No... New Oxford-street,...... to a common brothel, not fifty miles from Kingsgate-street, on the evening of the 14th instant, Mrs. P..., and ruined her.—"50l. Reward, for the name of the soldier bully with a red jacket and long legs, who had been with the above married woman a short time before. He goes to the house regularly, but sometimes she goes to meet him in the Euston-road, &c. &c. He is a married man, and has a wife and family, but he is the greatest whoremonger that ever wore a red jacket. Apply at the Society of the Suppression of Vice. N. B. The drunken woman that lives at 68, Strand has ruined her." (The copy from dictation was compared with the original, and there were similar mistakes in the spelling in each.)
MR. WILLIAMS. Q. Did you see the prisoner write this paper, marked "B"(the copy). A. I did—I believe this (The original) to be in his writing—one of these pieces of paper(produced) the police had, and the other was taken off the premises in the Strand—I believe them to be in the prisoner's writing.—Read.—"1,000l. Reward for the name of the bully that got his face painted on 18th of last month, in New Oxford-street, who had been with a married woman not 100 miles from here, and Strand, who has
got a good husband and two sons; she goes to see or inquire after him every day, name. Apply to the Society for the Suppression of Vice and Immorality." "1, 000l. Reward, for the name of the bully who got his face painted on the night of the 18th instant, who looks like a dog or prize-fighter, who had been with a married woman, not 100 miles from here, who goes to see and inquire after him every day. I am a woman, and can do what few men can do, paint a bully's face in one minute. Apply to the Chairman of the Ladies' Detective Committee"—I know a man named Deacon—he is here—he lives in Compton-street, Brunswick-square—my brother's wife lives at 68, Strand—my wife was taken from the baker's shop to the hospital, and from there to my brother's—I gave the prisoner into custody, and at that time my wife had made no communication to me concerning him.
PHOENIX DEACON . On 18th November I was at the corner of Museum-street, talking to Mrs. Peacock—she left me about 7 o'clock—that was close to her house—directly she left I had some sulphuric acid thrown in my face, by reason of which I am now stone blind—I was a lithographer.
Cross-examined. Q. Where had you met Mrs. Peacock on that night? Close by Weston's Music-hall—I walked with her up to Museum-street—I. left her about twenty yards from her house—I had seen her several times before—I cannot say how long I had known her, I think since about the middle or latter end of September—I became acquainted with her by speaking to her one evening in the street—I think it was in Hart-street, Bloomsbury, that I first saw her—I did not remain with her long, we had a walk, and I think a glass of wine at a public-house at the corner of Southampton-street—I made an appointment to meet her again a week afterwards—I usually met her on a Saturday evening—she has been to my lodgings in Compton-street several times—I do not recollect any one speaking to her when I was with her—I remember her pointing to a man once, whom she called the "Old Doctor," or the "Old Quaker," but I do not recollect any one speaking to her—she said, "There is the old Quaker, he has left my place some time," and she seemed surprised—I do not remember a tall, thin man being pointed out by her—I did not know she was a married woman—I knew she lived at 477, New Oxford-street—she told me if I went there and rang the top bell she would come down—I went there once—I knew her name was Margaret Peacock—I know now that she is married—I began to suspect she was before I was blinded—I thought she must be a married woman then.
MR. LEWIS. Q. Did you know the prisoner? I had merely seen him—he was pointed out to me by Mrs. Peacock—he has very broad shoulders, and a large white shirt front, and rather sunken eyes—he is of the middle height—I cannot describe him minutely—on another occasion Mrs. Peacock said, "Why, the old Quaker is following us; he is behind us," and I just caught a glimpse of him then—he had on a Quaker's hat.
MARGARET SARAH PEACOCK . I am the wife of Mr. E. Peacock, of 477, New Oxford-street—I have known the prisoner a little over twelve months—he used to visit at our house—he is a Quaker—on 6th January I received a letter—my husband had forbidden me to go to his house, and I had not been there since 18th December—on 6th January I went there with my uncle—I told the prisoner I had received a letter, and that I believed it came from him, and that it was a very indecent letter—I told him it was something which had been posted at my door—he said it was not from him, he did not know anything at all about it—he then put his handkerchief on the floor, went down on his knees, and said it was not his—I and my uncle
stopped and took tea with him, and after that we went out and had some oysters while we waited for an omnibus—I left him a little after 8, and went home—I got home between 9 and 10—my laundress had not sent my things home, and I went home to fetch them—I left her house about twenty-five minutes past 10—she accompanied me into Museum-street, where she left me to go into an oil-shop—the prisoner came across the street and threw some vitriol in my face—I was waiting for my laundress to come out of the shop—he wore a cap which appeared to be tied down over the ears—it had a peak in front, and he wore an Inverness cape—I was blinded instantly—he first stood in front of me, then walked a little higher up, then pulled his cap on one side—I saw something white in his hand, which he threw up, and it came over me like water—I said, "Oh, you old wretch"—he did not speak to me—I was first taken to a baker's shop, and then to the hospital—I was wearing this black bonnet and dark cloak (produced)—I believe this is the Inverness cape that the prisoner had on (produced)—I pointed him out to Mr. Deacon once—I first of all stated that it was a tall, thin man that threw the vitriol—that was on the Saturday night, but on the Sunday morning I told my sister it was the prisoner.
Cross-examined. Q. In the baker's shop, on the Saturday night, did you not tell the officer that the person who threw the vitriol over you was a tall, thin man? A. Yes, and I said he wore a cap and a cape—I said before the Magistrate that I did not know who the person was, and I told my husband so—he pulled his cape on one side with his left hand, and with his right he threw the stuff over me—I did not say before the Magistrate that I said, "Oh, you old wretch"—when I had tea with the prisoner, I did not believe that he had written the letter—when I left him, I and my uncle got into an omnibus, and we went to the Strand—we afterwards went home, and my uncle parted with me at the corner of Earl-street; he did not go up to my door—when I got in my husband was not at home, and I went out directly—that was shortly after 9 o'clock, and I went to my laundress's, and remained with her from that time until untill twenty-five minutes past 10—her name is Jones—she went into an oil-shop, and I went into a baker's shop, and when I came out I did not see her—I was waiting for her—she was not examined before the Magistrate—I do not know George Arthur—I have known Mr. Deacon from two to three months—I know a person named Ellison—he is in the Life Guards—he is not a friend of mine, he is a friend of my husband's—Mr. Deacon was not my husband's friend—I have not been in the habit of walking out with Ellison—I have been married eight years—I never met anyone else of an evening besides Deacon.
MR. LEWIS. Q. Why did you not tell your husband the prisoner was the man? A. Because I was afraid—the prisoner knew that I went out sometimes to fetch my washing on a Saturday evening—he has been at my house when I have gone out.
ANN JONES . I am a laundress, of 5, Woburn-court, a very little distance from Museum-street—Mrs. Peacock came to my house about half-past 9 on the evening of 6th January—it was nearly 10 before she left, and I accompanied her—we went to Museum-street—I went into the oil-shop, and she into the baker's—when I came out I looked in the baker's-shop, but she had left—I walked to the top of Museum-street, when I heard a loud scream—I went in the direction of the noise, and found Mrs. Peacock standing in the street with something running down her face—I saw a man walking away—he had a cap and cape on—his back was towards me.
Cross-examined. Q. Did you assist her to the baker's shop? A. Yes, me and several others—the man appeared to be Walking away from her—I think he went up Brewer-street—I may have been in the oil-shop five or ten minutes.
MR. LEWIS. Q. Had you been with her from the time she came to you until you went into the oil-shop? A. Yes.
Edwin Hoffman. I am assistant to Mr. Peacock, a jeweller, of 68, Strand—he is brother to Mrs. Peacock's husband—these are the two pieces of paper that were posted on our pilasters—I cannot say when it was, but I think somewhere about Lord Mayor's day—I gave them to the police—it was about a quarter to 9 in the morning when I took them down.
Cross-examined. Q. Is this a jeweller's shop? A. Not exactly, we sell a generally-assorted stock—we do not sell by auction—we have another shop at 515, Oxford-street.
MR. LEWIS. Q. Is your employer, properly speaking, a Birmingham and Sheffield warehouseman? A. Something of that kind—I have seen the prisoner at our place in the Strand—I am not aware that he is acquainted with my employer, but have seen him pass through the shop and go up stairs.
JOHN CLIFFORD (Policeman, E 12). On Saturday night, 6th January, at twenty-five minutes past 10, I was close to Museum-street—I heard some one scream—I ran down Museum-street, and at the corner of Museum-street and Brewer-street I saw a woman standing, screaming loudly—I asked what was the matter—she Said, "Some one has thrown something into my face, which is burning me dreadfully"—I took out my handkerchief and wiped her—this is it—I put it to my tongue, and it burnt it—her face was wet—I smelt something which I believed to be acid—I asked her if she knew who had done it—she said a man who had crossed from the side of the oil-shop—I asked if she knew him—she said he was a tall young man with a pale face, that he wore a cap drawn over his eyes, and a dark coat—she appeared to be suffering very much—I took her to a baker's, where I washed her eyes—she was taken into the back parlour—there were several people in the shop—I was going to fetch our divisional surgeon, and in the shop I saw the prisoner standing there—to seemed very much agitated—he wore a hat like this and an Inverness cape like this (produced)—I did not notice what became of him—in the baker's shop some one said it was not acid that had been thrown in the woman's face, it was only alum-water—I believe the prisoner said that, because the other persons there Were merely boys and young persons, and it seemed the voice of a grown person—I fetched a doctor, and she was taken to the University Hospital—at the hospital I saw a quantity of stuff on her cloak and bonnet, which appeared to be burning it—I took some of it off with this quill (produced).
WILLIAM FRANKLIN (Policeman, F 20). On Monday, 8th January, I went with Mrs. Peacock and Sergeant Davis to the prisoner's house—we were in plain clothes—I said we were police-sergeants, and that I should take him in custody for throwing some nitric acid in Mrs. Peacock's face on Saturday night, near" Oxford-street—he said, "I know nothing about it"—I said, "Do you know anything about any bills being posted about the streets"—he said he did not—I said, "Have you sent a letter to Mrs. Peacock?"—he said he had—I then told him I should search his place, and proceeded to do so—he then said, "I was not out on Saturday evening after half-past 8, which my housekeeper knows, I saw a patient at half-past 8, and was not out after that"—I searched the place—there are three rooms on the ground floor—it was fitted up as a dentist's, and there were a lot of
drugs, and bottles, and instruments of all kinds—when we were about to leave, the prisoner rang the bell, and a person came in, who he said was his housekeeper—the prisoner said to her, "Do you remember whether I was at home at half-past 8 on Saturday evening"—she said, "No; I do not remember"—he said, "Don't you remember admitting a patient at that time"—she hesitated, and said, "Yes, I do, a female"—I then said to her, "Do you know whether he was out after that hour?"—she said, "I do not; he has the key of the street-door, and he lets himself in and out; he keeps himself very close, and I seldom see him"—I then took him to the station.
Cross-examined. Q. Did he tell you that he had had an interview with Mrs. Peacock's uncle that very morning? A. No.
ELLIS DAVIS (Policeman, E 11). I was with Sergeant Franklin when the prisoner was taken in custody—I searched part of the place, and found this Inverness cape hanging behind the door in the middle room—there were several marks upon it, which appeared damp.
GGORGE DANCER PAIN , M.D., M.R.C.S. I live at 52, Montague-street, Russell-square—about 9 o'clock, on Sunday morning, I was called in to see Mrs. Peacock—her face was very much injured by some corrosive acid, especially her forehead—she has had one eye taken out, and it is very doubtful whether she will retain the sight of the other—it still remains very weak, and the least exposure to cold brings on inflammation—it will never be the same eye that it was previous to the injury—I examined this Inverness cape, and tested a number of spots on it—I found they were caused by sulphuric acid—I also examined Mrs. Peacock's bonnet, and found sulphuric acid spots on that.
Cross-examined. Q. When did you examine this cape? A. On the Thursday after this took place—some of those large spots have been caused by coming in contact with the bonnet—they have been wrapped up together.
MR. LEWIS. Q. were there not other spots quite independent of those? A. Yes—there may have been seven or eight—my tests clearly indicate that they were made by sulphuric acid.
COURT. Q. Look at that handkerchief, do you notice anything there? A. Yes; there are spots here—I have no doubt they are caused by sulphuric acid, but I could not say positively without testing them—this quill has had acid upon it; it is quite charred.
GEORGE ROSS , M.R.C.S. I am a physician, and live at 11, Hart-street, Bloomsbury—about half-past 10, on 6th January, I was called to a baker's shop in Museum-street—I found a lady there suffering a great deal of pain—her face was excoriated and discoloured, and her eyes spasmodically closed—that was caused by some acid—she was taken to the hospital by my instructions—I examined this cape, and found some red spots on the pocket and down the front, which there had been an attempt to obliterate by the application of an alkaline fluid—the cape was damp, but that dampness was not, in my opinion, caused by rain.
Witness for the Defence:
MRS. MORRISON. I am in the service of Mr. Emery, 33 and 34, Commercial-road, as cook and housekeeper—on Saturday, 6th January, I went to Mr. Wainwright's—I went first about 6 o'clock, and he was engaged—I went to have some teeth out, and some new ones put in—I called again about five minutes to 10—I saw him then, and remained half an hour—he took out two teeth—he let me out—I first heard of this matter by seeing it in the paper, and then I went to the House of Detention—I have known him twenty years.
Cross-examined. Q. Who let you in at 10 o'clock? A. Mr. Wainwright; he was on the step of the door, and the door was open—he had his hat on—I did not call at 8 o'clock—I went to Bayswater between 6 and 10—I walked there and back—I went to Mr. Rowley, the pawnbroker, in the Ledbury-road to get something out of pledge—on my way back I paid 3d. and went into a singing place to pass away the time—I did not pay the prisoner any money that night, but I had paid him 30s. before—I went to him again on the Monday to take a waistcoat I had been making for him—I was out of a situation then—I was only with Mr. Emery six weeks.
COURT. Q. On 6th January had you no place? A. No.
MR. LEWIS. Q. Where were you living then? A. No. 5, Lupus-street, Commercial-road East—I cannot say when I went to the House of Detention—I went there to see about the money I had paid for my teeth, and to see what the prisoner was there for—I asked him, and he told me it was nothing particular—he did not say to me, "Why, Mrs. Morrison, you were at my house on that night—I did not ask him what day it was, and he did not say anything to me.
MR. SLEIGH. Q. How is it that you know it was on Saturday, the 6th January, that you called? A. Because it was the first Saturday in the new year—I used to live at Bayswater—I pledged something while I was there—the prisoner has always borne a good character.
GUILTY .— Twenty Years' Penal Servitude .
THIRD COURT.—Thursday, April 12th, 1866.
Before Mr. Common Serjeant.
Confined Two Months without hard labour .
ROBERT ANSCOMBE (City-Policeman, 112). On Saturday evening, 17th March, about twenty minutes to 6, I saw the prisoner in a building partly pulled down for the railway in Moor-lane—he was putting something in his pocket—two children were with him, one standing on one side and one on another—that struck me—the prisoner saw me and made a run through the window—I stopped him and asked what he was doing there—he said, "Nothing "—he said, "Let me go"—I told him I should not—he then struck at me—I threw him down, and when assistance came, I took him to the station—another officer searched him—he struck me several times before I threw him down.
WILLIAM HILLS (City-Policeman, 150). I assisted in taking the prisoner to the station—I there searched him and found these fifty-nine cigars (produced)—the inspector asked him how he accounted for them—he said they had been given to him in Milton-street.
SARAH ANN MARSHALL . I am a widow and carry on business as a tobacconist at 28, Chiswell-street—on Saturday, 17th March, about half-past 5, I was in the parlour—I had some cigars in a glass globe on a shelf in the shop window—the shop door was open—a noise in the shop directed my attention—I went into the shop in consequence, and saw Connelly take the shade up under his arm and run out with it—I ran out after him and
called out "Stop thief!"—I lost sight of him—the value of the globe and cigars is about 36s.—I cannot swear positively that these cigars are the same; they are like them—I am quite sure the prisoner is the man—he has been in the shop before.
GUILTY .**— Confined Twelve Months .
MR. THOMPSON conducted the Prosecution, and MR. WILL the Defence.
JAMES KYLE . I live at 3, Skinner's-place, Bishopsgate-street—on February 23d, about twenty minutes past 12, I was returning home—I had had a little drink, but was quite sober—I was turning the key at my own door, when three men came round me, one took my watch from my waistcoat pocket—I turned round instantly, caught hold of the man's wrist, and turned him round—the prisoner immediately struck me a violent blow on the nose—this is the mark, it cut it terribly—I fell—as soon as I fell I jumped up again and followed the prisoner, and a third man who ran into Bishopsgate-street with the prisoner—when I got up the prisoner was in Skinner-street, about twenty yards from my door—I called out "Police" three times—a policeman came into Bishopsgate-street—the prisoner was then crossing in a diagonal direction towards London-bridge—I told the policeman to stop him—he did so—I have not the least doubt about the prisoner—I never lost sight of him.
Cross-examined. Q. How long was the occurrence described taking place? A. Scarcely three minutes, or not so much—my back was turned to them, when they came to me—the first thing that called my attention was the hand upon my watch—I cannot swear to the man who seized the watch, or to the third man who ran away in the same direction as the prisoner—this one I swear to because I followed him—be struck me with some instrument—I don't know what, not his fist alone—I was knocked down—the blow was a very severe one—I was not stunned, nor confused, but after I had given him in charge, I felt myself getting weaker from the loss of blood—I am quite positive it was the prisoner who struck me—there was light from a public-house opposite, which was shut, but there was no space between the top of the shutter and the top of the sash, through which the light came and enabled me to see—it was twenty yards from the place where I fell to where the prisoner was when I got up—he had not got out of Skinner-street—the other men were running together, but they parted—I heard the evidence of the constable at the police-court—I am quite sure I am not mistaking the prisoner for either of the two men—I had been drinking a little, but not much—I had been that night to 219, Bethnalgreen-road, to give in my accounts—I often have to stop there till 2 or 3 o'clock in the morning—I was not coming straight from there—I had been to the Cambridge Music-hall—I never lost sight of the prisoner.
THOMAS OSBORN SAUNDERS (City-Policeman, 70). I heard the prosecutor call out "Police!"—I was passing Union-street and ran towards where I heard the sound—I saw the prosecutor coming out of Skinner-street—he pointed to the prisoner as the man who had assaulted him, and attempted to steal his watch—the prisoner was walking up Bishopsgate-street, from the direction of Shoreditch—Skinner-street is on the left-hand side as you go from London-bridge; the City of London Theatre side—the prisoner was on the opposite side—I stopped him—when the prosecutor came up, he said the prisoner had, with two others, attempted to steal his watch in Skinner-street, while entering his door—he also charged him with an assault
—I asked him if he was sure the prosecutor was the man—he said he was—the prosecutor had been drinking, but he knew what he was about—his nose was laid completely open—the prisoner gave me an address, 23, East-street, Mile-end New-town, but there is no such street there—he then said it was near the Jews' Burial Ground—I went there—there is an Eastman-street, but not an East-street
Cross-examined. Q. Have you been to Mile-end New-road? A. No—the prisoner was about twenty yards from the prosecutor, when I came up—he was walking towards me, and met me—I was going towards Shoreditch—the prosecutor ran from Skinner-street towards both of us—I did not find any instrument on the prisoner—the City of London Theatre is two doors out of the City in Norton Folgate.
MR. WILL to JAMES KYLE. Q. Was there any one else in Skinner-street at the time of the robbery? A. No one but the prisoner and the other man.
JURY. Q. Is there any turning out of Skinner-street from the place you were knocked down, to Bishopsgate-street? A. None.
He was further charged with having been before convicted; to which he PLEADED GUILTY.— Seven Years' Penal Servitude .
MR. METCALFE conducted the Prosecution, and MR. COLLINS the Defence.
ISAAC BEER . I am a cheesemonger, at Kentish-buildings, Borough—on 5th February, the prisoner came to me—he looked at a great quantity of butter, value 18l. 2s. 6d.—he said it was difficult to get good butter, and that he was a ready-money customer, and wanted some good butter—I took him to the warehouse—he selected four casks and two boxes—he said he had been living at 43, Vere-street, Clare-market; that he was well known there, and had been there eleven years—after that I sold him the butter—I entered the goods as usual—he said that he would pay the carman when he brought them—I sent the carman the next day with the butter, and a stamp to bring back the cash—I did not know the prisoner's name was Bristow at that time—he gave his name as George Terrell—I believed he had been carrying on business for eleven years—if I had known that his name was George. Bristow I should not have sent the goods, as my opinion was that Bristow was a notorious swindler—I have a man living with me who knows him well—I have heard of George Bristow carrying on business as a coffee-house keeper in Duke-street—the fact of his carrying on business 11 years influenced me—if I had known George Bristow had opened a shop, I should have made some inquiries—some two or three days after that, some bacon was ordered—I sent it to the prisoner, and the man brought it back—I asked him why he had brought it back, and in consequence of what he said, I sent my foreman to the prisoner on Friday afternoon, immediately after the carman's return—I left the warehouse before my foreman came back—on Saturday morning, in consequence of what my foreman said, I went to the prisoner—when I first called I did not see the prisoner—I made some inquiries in the neighbourhood, and found he had only been there a few, weeks—I saw the prisoner the second time I called and asked him for the money for the goods I sent, or the goods—a friend was with me—he said, "Give back the goods, or you will get into trouble"—he said, "I have been in many troubles before, and I dare say I shall get out of this; but do your best and your worst"—he acknowledged to be Bristow because my friend recognised him—I
went to Stone's End for his apprehension and the goods—I took a constable with me, and arrived there about 8 o'clock—I found the shop closed—when the door was opened, about half-past 10, I ran to it and put my foot in it, and got inside—I did not see him—a policeman searched the house, and finding he was not there, and seeing the butter on the shelf, I thought it belonged to me—I ordered a cab, and took it away.
Cross-examined. Q. You got back all your butter? A. No; I got back all but twenty shillings' worth—mine is not a shop, it is a warehouse—one of my men was there when he came—I am not aware that he could hear what the prisoner said—I do not know how far he was away—nobody else was there—I think I was examined before the Magistrate on 12th February—the facts were as fresh in my memory as they are now—the prisoner said his name was George Terrell, and he lived at 43, Vere-street, Clare-market—I do not know whether I said 43, before the Magistrate; I went to 43—if he had sent the money by the carman, the transaction would have been concluded—when I sent the goods, I thought the money would be brought back by the carman—it is customary if a man comes to purchase goods, and the goods are delivered, for the money to be forthcoming—I would not not have sent them without a reference if I knew he had only been living there three or four weeks—I should not have sent the goods if the prisoner had not said he would pay for them when they arrived—I do not recollect his saying he would pay me on the Wednesday—I did not hear him say so—a gentleman came in while I was talking to the prisoner.
MR. METCALFE. Q. If you had known the prisoner was Bristow, would you have sent the goods without receiving the money? A. I would not.
HENRY SMITH . I am carman to Mr. Beer—on 6th February, I took some butter to the prisoner's shop, in Vere-street—the prisoner received it himself—I asked for the money—he told me he would call next day and pay Mr. Beer—he asked me if I would bring two sides of bacon next morning—I told him I could not the next morning—I took it up on Friday morning—a young man there beckoned to me, and in consequence of what he said I took the bacon back again—I then communicated to the foreman what the young man had told me.
Cross-examined. Q. Did you take a receipted bill with you? A. Yes—I have not got it here—it was between 5 and 8 o'clock when I took the bacon—the prisoner was in the shop—he took the bacon from me—I gave him an invoice.
SAMUEL HARDCASTLE . I am foreman to Mr. Beer—Smith made a communication to Mr. Beer on his return, and in consequence of that I went to the prisoner's shop, and asked for Mr. Terrell—he was sent for—I asked him for the amount of some goods bought on the Monday previous—the money was to be returned by the carman—he said he had ordered some bacon, why was it not sent?—I told him I knew nothing about the bacon, I had called for the money for goods already delivered—he looked at me very hard, and said, "I know you"—I said, "My name is Hardcastle"—I then looked at him, and said, "Your name is not Terrell; your name is Bristow"—he said that he traded under both names; sometimes Terrell, and sometimes Bristow—I still requested him to give me the money for the goods—he said he would call and pay for them—I did not get the money—I recognized him as Bristow—I have known him for some years—I know his family—I last knew him when he kept a coffee-house in Duke-street, Borough—I had no transaction with him there—he has been in Duke-street several years—up to within two or three years—on my return, I spoke to Mr. Beer about
Bristow—I had no conversation with Mr. Beer about him after he left Duke-street—after Mr. Beer hearing from the carman what he has stated he sent me for the money.
Cross-examined. Q. If you had had the money, you would have been perfectly satisfied? A. I should have been very glad to have brought it back—I have known him for twenty-five or thirty years—I had never known him passing by the name of Terrell—I swear that—I have never heard it in any legal proceedings, that I am aware of—I will swear I have not—I have never known him living in Vere-street, Clare-market, or Clare-street—I was never foreman to the prisoner's brother, but was in the same employment as his brother for many years—I do not know that he ever lived in Clare-street—I know a cheesemonger named Holborrow in Clare-street—I have never heard that the prisoner lived two doors from Mr. Holborrow—I lost sight of the prisoner for some years—I do not recollect anything of him since he lived at Golden-square—I left the employment where the prisoner's brother was, to go to the west end of the town—I was not in any trouble.
ROBERT BEISCKLAYER (Policeman, M 167). On Monday morning, 12th February, in consequence of information from Mr. Beer, I went to the prisoner's house in Vere-street—I saw the prisoner after waiting until the shop was opened—I said, "Is your name George Terrell?"—he said, "Yes"—I said, "No, it is not, I know you too well for that; I knew you when you kept the coffee-house in Duke-street, as George Bristow"—he said, "What of that? what is all this about?"—I said, "I have got a warrant for your apprehension for obtaining a quantity of butter from Mr. Beer, in the Borough"—he said, "What of that? I bought it. I have been in worse scrapes than this; I have got over them, and I shall get over this"—I showed him the warrant, and took him into custody—on the way, he said that he had bought everything—he said something about the Bankruptcy Court—he put his hands in his pocket and produced a piece of paper—he said, "Can you read this? That will settle the b—bills"—I saw in that paper that his name was George Bristow, trading as George Terrell—that was something about a bankruptcy—he said he was in the Bankruptcy Court, and that was his protection—he went away from Duke-street some time ago, but I have seen him several times since—I knew him nine or ten years ago—I do not know where he went—I saw him in trouble, but did not know where he was living.
Cross-examined. Q. Have you ever known him living in Clare-street? A. Never—I have heard say that he lived in Clare-market—he put the piece of paper back in his pocket—I have never seen him described as Terrell till I saw the warrant—I have never seen the name of Terrell only on the piece of paper he took out of his pocket—I swear he did not say to me that he was going up again in March, and all the debts which he bad now would have nothing to do with this present bankruptcy—(The witness's depositions being read, stated: "He said all the debts he now had would have nothing to do with the present bankruptcy")—I cannot say whether I said that—I have been a police-constable between eight and nine years—I do not remember him saying those words at the time—he might have said it—I remember his saying he was going up to the Court again, but I cannot say when it was—I did not go over the house—here is a person here who had the house.
some length of time—it was not opened for some months after—I had a serious fit of illness—I believe it was opened a few weeks before the constable came to me—the prisoner was not there when I was there—I never saw him.
Cross-examined. Q. What was the rent of this house? A. I paid 30l. a year—I rented it from Mr. Husby; he was a trustee to a Mr. Seymour—when I last saw the shop there was milk and butter in it
EDWARD SHERIDAN . I am clerk in a mercantile firm—I know the prisoner as George Bristow—I knew him first about the latter part of 1857—I have seen him in custody—I was present when he was tried in this Court at the January sessions, 1858—(See vol. xlvii. p 229)—the result of that was that he was imprisoned for two years.
Cross-examined. Q. Were you formerly a police-constable? A. I was—I did not know him before 1857—I have heard that he lived in many streets—I have heard that he lived in Clare-street, and kept a shop there—I never knew him by the name of George Terrell—I did not see the bankruptcy proceedings—I saw him in the Insolvency Court—I do not know anything about his former bankruptcy.
GUILTY .— Confined Twelve Month .
MR. METCALEE conducted the Prosecution, and MR. STRAIGHT defended Herman, and MR. COLLINS defended Matthew.
JOHN CHRISTOPHER TACY . I am a stationer, at 35, City-road—in April last I saw an advertisement in the Times about a horse, in consequence of which advertisement I applied at Milton's Livery stables in Mount-street—I found the prisoner Matthew there—I saw a horse there and agreed to leave my horse and 15l. for the horse which I took away—I was to pay 23l. for it—my horse was worth 13l.—he said he could sell it for that—I was to have the horse for trial—I found the horse was lame and took it back and found Matthew there—he said he had lent my horse to a man in the country—I ultimately got my horse back again and £5., and left the horse that I had had with Harman—that was the 1st of May, 1865—at that time he got this I. O. U. (produced) for 10l. besides the 5l.—Read: "John C. Tacy, I promise to pay the sum of 10l. a week from this date, G. Milton, for M. Milton"—I signed the other document dated the same day—he would not allow me to write it—that was, Received of Mr. M. H. Milton the sum of 5l. on 26th April, 1865, signed John C. Tacy"—I see these words are added, "Which cancels the transaction arranged between me and M. Milton"—I am quite certain these words were not on the document when I signed it—I took the 5l., being told that I should not get anything else—my man was there and saw me sign the receipt—after that I applied to Matthew for 10l.—he said, "You have broken the contract between me and you, and entered into a transaction with my father, I shall not pay you anything; if you see my father, very likely he may pay you the 10l. "—I told him I should put it in the hands of my solicitor—I took out a summons at the County Court and went there on 27th September—I was present when the case was heard but was not examined that day—it was adjourned till 3d October—on 3d October I was present and was examined—while I was being examined this document was put into my hands by Matthew's attorney—both prisoners were there—it was put into my hands in the same state that I have just seen it—I at once detected the addition on reading it over—this document
shows the issue in the County Court—(Read: "Plaintiff John Christopher Tacy, defendant, Matthew Milton; amount claimed, 10l., special defence infancy; Verdict for the defendant, dated 12th April, 1866, signed, Christopher Cuff")—it was adjourned on the first hearing, that the plea of infancy might be put in—both prisoners were examined as witnesses—first of all I stated my case, then this receipt was put into my hand, and the Judge ordered it to be paid—then they put in the plea of infancy, and they were examined on that—the first question that was asked me was whether this was my receipt—I said, "This receipt has been altered"—then I handed it to the Judge—the receipt ended "1865," and my signature—I know nothing about the other additions—they were not on when I signed it—they were added afterwards.
Cross-examined by MR. STRAIGHT. Q. You say that you went to Milton's stables? A. I saw the name of Milton on a brass plate—these words under the signature, "Also holds the I. O. U.," were not on when I signed it—I was to take the horse on fourteen days' trial—Matthew said, "I can sell your horse"—I said that I did not want two—I left the horse and 15l. as a security for the horse which I had taken away—I authorised him to sell my horse for 13l.—I did not know anything of Milton till that day—another receipt was given before this, in the first transaction—this was with Matthew there was another, something of the same shape written by Harman—there was not a receipt drawn up—I swear I did not tear it up.
Cross-examined by MR. COLLINS. Q. When that exchange took place was Matthew present? A. Yes—I took his horse and left my own and 15l.—sometime after I found the horse was unsound and came back and saw Matthew—I afterwards saw Harman and he gave me this receipt—Matthew was not present then; my man was present—I saw Harman again about nine or ten days afterwards—Matthew said I had broken the contract by dealing with his father, and he should not pay me the 10l.—that was May 1st, and the County Court proceedings took place on 27th September and 3d October.
JOSEPH SHEPHERD . I am in Mr. Tacy's service—I went to Mount-street with him—he sent me first after seeing the advertisement—I went again the same day with Mr. Tacy—I saw Matthew there—Mr. Tacy, in my presence, arranged with him to leave his horse and 15l., and take the horse I had seen there—we saw the horse was lame when we were driving him home, and afterwards he got still more lame—I then took it back and saw Matthew—I told him about its being lame—he said that our horse had gone away, that he had left it with some one in the country, and it would not be home for a day or two, and we must keep his horse till it came back—we afterwards got back our own horse—I saw Harman—I saw the I. O. U. and the receipt given by Mr. Tacy when the horse was returned—the receipt was not in this shape when Mr. Tacy gave it me; it ended with John C. Tacy.
COURT. Q. Were all the words above, John C. Tacy there when it was given? A. No, the words "Which cancels the transaction arranged between me and M. Milton" were not there, or the words under the signature, "Also holds the I. O. U., H. M. Milton.
MR. METCALFE. Q. Were you present at the County Court? A. Yes—I saw it in Tacy's hand when it was impounded by the Judge.
Cross-examined by MR. STRAIGHT. Q. Where were you when that was written? A. I was near him; close by him—I do not know that I was looking over his shoulder, I saw it after it was drawn up—I saw Mr. Tacy sign his name to it—I
saw a document as well—he gave it to me to read—I read every word of it and am quite sure these words have been added—I really cannot tell you whether there was anybody else present—I was not examined before the Magistrate—I do not know how that was—Mr. Tacy knew I was there—I went with him to the County Court and the Police Court—I do not know why I was not called as a witness—I came here with Mr. Tacy in case I was wanted—he told me to be here—I have never given my evidence to any one before—I have never mentioned before that I was present when this receipt was signed.
Cross-examined by MR. COLLINS. Q. When was your attention first drawn to the receipt? A. At the time—I saw it again at the County Court in Mr. Tacy's hands—I have had some horse dealings with Mr. Tacy before—he is in the habit of showing me his receipts when he writes them—I cannot tell how long it took him to write his name—he did not give me the receipt, I saw it in his hand—two receipts were written, but not both on the same day—the first one was written on the first day we went—I did not see the second time that receipt was given that another was given at the same time—I did not see anybody write a receipt and tear it up.
HENRY DAWSON (Policeman, A 301). I know the prisoners—I know that both of them had these stables in Mount-street—I knew them last year—a warrant was put into my hands for their apprehension, on a charge of fraud—I endeavoured to find them—Harman continued at the place but Matthew was missing—I did not wish to take one without the other—I could have had Harman at any time—I looked for Matthew and could not find him—that continued two or three months—there was no warrant—I had instructions from Mr. Tacy.
Cross-examined by MR. STRAIGHT. Q. Was an application made to the Magistrate, and did he refuse it? A. I was told so—there was a warrant in one charge, and I apprehended him on the warrant
Cross-examined by MR. COLLINS. Q. Are these large stables? A. They hold six or seven horses—I never saw the name of Milton on any part of the stables.
COURT to J. C. TACY. Q. Who wrote the body of the receipt which was given to you? A. Harman—the I.O.U. was given at the same time as the receipt—I only got back 5l. out of the 15l.
MR. STRAIGHT submitted that there was no evidence to go to the Jury as the legal effect of the receipt was not altered, and there was, therefore, no forgery. MR. OLLINS submitted that the I.O.U. cancelled the transaction. The COURT considered that it was a question for the Jury whether the words added before the signature altered the original character of the receipt, but thought it so doubtful whether it was a forgery that if necessary this point should be reserved. HARMAN GUILTY of uttering . MATTHEW NOT GUILTY .
HENRY FRANCIS MAKINS . I reside at 17, Cray's-hill, Bayswater—in consequence of an advertisement I saw in the Times on 7th February I went on 8th February to 65, Mount-street, Grosvenor-sqnare—I have not the advertisement here—I was accompanied by my brother William Thomas.
Makins—Matthew came out of the stable when I knocked at the door—I went into the stable with him, showed him the advertisement which I had cut out of the paper, and asked him if he had the horses advertised—he said, "Yes," pointing to the only two horses in the stable—he told me he was groom to the Honourable Mrs. Webb, of Ambleside, and she wanted to part with them in consequence of the death of her husband, and the horses were sound and free from vice—I took them on a month's trial—I asked him if he could give me authority to take them—he said Mr. Milton could give me the permission—he said that the Honourable Mrs. Webb was desirous of parting with the horses to a stranger in order that she might not see them again—in consequence of what passed between us he took me to Harman in John-street, Berkeley-square, which is close to Mount-street—when I arrived there I saw Harman and told him what Matthew told me about his being groom to the Honourable Mrs. Webb—he said he was a commission agent for the sale of horses, he also warranted them—he said he was the agent to sell the horses—on this I purchased them under the condition that I was to take a month's trial—I gave 94l. 10s. for them—this (produced) is the receipt—(Read: "February 8th, memorandum of agreement, that I have received this day 94l. 10s. for my two bay cobs, which I warrant sound and free from vice; further, if Mr. Makins does not approve of them he has the option of returning them within twenty-eight days of this date")—I gave Matthew 10s.—I was induced to purchase them, believing they were the bonofide property of a lady, and who wished to dispose of them—I had them examined the same night—I sent them to Professor Gamage in the Queen's-road—one of them went lame the first time I rode it—I went the next day to Harman's stable with my brother, but could not see Matthew—I then went to John-street to look for Harman and was told he was gone to the Isle of Wight—I did not ask for the money back because I did not see anybody to ask but a boy—I did not tender the horses back to that boy—this was in John-street—the first place I went to was Mount-street—when I got there I saw a tall young man—that was the time I tendered the horses back—I did not get the money back—the horses were not left there—the man seemed reluctant about taking them in—I did not give a card or a paper—from what passed between me and that man I went in search of Harman—he also gave me the address of Harman—I did not find him—I have sold these horses at Mr. Stedmond's—I received 36l. for them.
Cross-examined by MR. COLLINS. Q. Are you a judge of horses? A. I am, to some extent—I have bought one horse before—I have bought them on my own judgment to a certain extent—I bought them with intent to have them examined—I remarked that they were a cheap pair of horses—if they had been sound they would have been cheap—they were bay—they were 15 hands high—they matched to some extent, and were high steppers—I thought I was very lucky in getting such horses for 94l. 10s.—I took them back the next morning, about 12 o'clock—I did not examine them before I bought them—I was not sufficient judge—they were exercised in the road—I did not try them myself—Matthew tried them up and down the road, and I looked on—my brother was there—he is here—he will tell you whether he is a judge of horses—I cannot say whether it is a usual thing to give 10s. to a groom from whom you buy horses—I have not done so, except to my own groom.
Cross-examined by MR. STRAIGHT. Q. What was the height of the tall young man? A. About 5 feet 11 inches—it was he who told me Harman
had gone to the Isle of Wight—I received 36l., after paying the expenses of the sale.
MR. SERJEANT ATKINSON. Q. Did it strengthen your belief because the horses belonged to a lady of property. A. I thought they were very cheap—I cannot say whether Matthew was present at any time during the conversa tion I had with Harman when he took me to him—he was dressed as a groom—what induced me to buy them was because I wanted them, and I was satisfied with their appearance and their action when Matthew rode them up and down—I would not have bought them if I had not supposed that they were the property of a lady who was induced to sell them—the fact of her being an Hon. Mrs. influenced me to buy them—I certainly should not have seen them trotted out if 1 had not understood they were the property of a lady.
MR. SERJEANT ATKINSON referred to Reg. v. Kenrick (5, Queen's Bench Reports, p. 49), and contended that inasmuch as the prisoner's representation that the horse belonged to the Hon. Mrs. Webb was false to their knowledge, and influenced the prosecutor's mind, the prisoner might be guilty of a conspiracy, although the false representations might not have induced the prosecutor to part with his money.
MR. COLLINS. Q. Did you know the Hon. Mrs. Webb? A. No, I have heard her name before—I had more confidence in a titled lady to some extent—I think the name of Webb has a very great attraction—if it had been the Hon. Mrs. Smith I should have had no objection—I have heard of Ambleside.
MR. SERJEANT ATKINSON. Q. Would you have bought them of a horsedealer if they had been presented as his property? A. Certainly not—I thought that they belonged to a private person, and that I was likely to have good horses.
WILLIAM MAKINS . I am a barrister in the Temple—on 8th February I went with my brother—I saw Matthew—he came out of the stables—at our request he took the sheets off the horses—the advertisement was held out, and he was asked if those were the horses, and if he was the groom which the advertisement directed one to apply to—he said he was—I asked him whose property they were—he said they belonged to the Hon. Mrs. Webb, of Ambleside, that they had belonged to her husband, and she wanted to get them out of her sight, and sell them to a stranger, so as she might not see them again—he said they were sound, and that he had ridden and driven them—I asked him if he had the sale of them—he said, "No; Mr. Milton has the sale of them," and he volunteered to take my brother to Mr. Milton—I stayed while my brother went—he did not say he was the son of Milton—he said he was the Hon. Mrs. Webb's groom—I accompanied my brother to the veterinary surgeon.
Cross-examined. Q. Did you see the horses exercised? A. Yes—they went pretty well, as far as 1 could tell—I have bought horses, and have generally been successful in them—I went with my brother, at his request—I consider myself as good a judge of horses as he is—I cannot say whether I advised him to buy them—I did not dissuade him—I was satisfied with them.
JOHN GAMGEE . I am Principal of the Albert Veterinary College—the prosecutor came on 8th February with the horses—I examined one at that time—I understood they had been bought of a lady—one horse being brought out, I asked Mr. Makins whether he was serious on examining
both, because the first that came out was unsound—I examined the other the second time—they were both unsound.
JOHN CRUGEE (Policeman). I live at Ambleside—I have been there five years—I know the neighbourhood well—no one of the name of the Hon. Mrs. Webb has resided there during that time—I know Matthew—he has been at Ambleside—he was groom to Captain Harrison a few months—that is two or three years ago.
Cross-examined by MR. STRAIGHT. Q. Is Captain Harrison in town now? A. He is—I am not aware where he is.
HENRY DAWSON (Policeman, A 301). I arrested the prisoners at Charles-street, Berkeley-square—they were together—I know them—Harman is the father of Matthew—he has carried on places in various parts of London.
Cross-examined. Q. As commission-agents? A. As horse-coopers.
GUILTY .—HARMAN— Confined Twelve Months . MATTHEW— confined Six Months.—There were other indictments against the Prisoners.
FOURTH COURT.—Thursday, April 12th, 1866.
Before Robert Malcolm Kerr, Esq.
MR. HARRIS conducted the Prosecution; MR. RIBTON the Defence.
SAMUEL HAMBROOK . I am a constable at Fresh-wharf, Lower Thames-street—about half-past 12 o'clock I was on duty there—Sharp, who is in Mr. Atkins' employ, touched me on the shoulder and pointed to the prisoner—I saw him with his hand in a lady's dress—he had an Inverness cape on, apparently with his hand in his pocket—the lady was a Sister of Mercy, the prosecutrix in this case—she gave evidence before the Magistrate—I laid hold of him, and said, "What are you doing with that lady's dress?"—I then asked the lady to see if she had lost anything—he tried to get away—she put her hand in her pocket, and said, in his presence, that she had lost her purse, and that there was some gold and a ring in it—the prisoner said he was waiting for a friend from Paris—he was on her right side—I saw him put his hand in her right hand pocket—when the lady said she had lost her purse, the prisoner said he had not taken it—several other words passed between us—I searched him, and found a knife, a pipe, and a pocket-book—he struggled to get away—I pushed him against a packingcase, and when he was removed from it, a gentleman not here picked this purse up—I did not see him—he said, "Hambrook, here is the purse," and the lady owned it—the money and the ring were in it—I did not see the purse taken—there were three or four cases there—I took him to the station—he gave me his address, 12, Star-street, Bermondsey—there is no such a place—I inquired at the police-station.
Cross-examined. Q. How many people were there altogether. A. Very likely half a dozen—the lady is not here—there was a boat just coming in, the Seine, from Boulogne—Sharp was not examined before the Magistrate—I made inquiries, and found him out after the prisoner was committed.
SAMUEL SHARP . I am a packer, at 83, Lower Thames-street—on Tuesday, 26th March, I was at work at Fresh Wharf, about half-past 12—I saw the prisoner with his left hand in the lady's pocket—I called Hambrook's attention, who took him, and they struggled and fell across a case—I left
the lady standing where I first saw her—I saw another man with him, who went away.
Cross-examined. Q. Where do you live. A. 23, Wilmer-gardens, Kingsland-road—I have known the prisoner some time—he is an acquaintance of mine—I see him every day—he knows my name—he knows me by working down there—I am employed there regularly—there was no difficulty in finding me—I do not know whether Hambrook made any inquiries after me till after the prisoner had been committed—he came on the morning after the prisoner was committed, and subpoenaed me—the prisoner had an Inverness cape on, which covered his left arm.
NOT GUILTY .
MR. RIBTON conducted the Prosecution.
GEORGE KEEBLE . I am a carman, and live at 3, Little Russell-street, Bloomsbury—I am in the service of Jinks and Co.—Mr. Norris is one of the firm—I have been there about fourteen years—Whitfield was in their service, I think he left about the beginning of this year—I recollect the night in question when the horse and cart was taken away—I left about 7—I had done then for the night—there were three horses—a light spring cart was taken—you have to go through the coach-house before you can get to the stables, and on one of the stable doors, there is a wicket door—I did not know anything about a missing key—I suppose the wicket door was opened by the key—it was not open—I missed the horse and cart about 10, or a few minutes afterwards—I and one of my fellow servants left at the same time—I cannot tell how they got in—I fancy they must have had a key and opened the wicket door—it was bolted—I found the large door open, and the cart gone—they locked the wicket door again—there were two lines of manure, and two sacks in the centre, for the horse to come along—I have no doubt that the gelding and cart were stolen—straw was laid down for it to go on quietly.
HENRY AUGUSTUS SPARKS . I live at I, New-street, New Oxford-street—I have been in the service of Messrs. Jinks four years—I entered the situation I now hold in December—Whitfield came at the same time—he left on 10th February—I recollect missing two keys which hung on a chain on my desk, the key of the wicket-gate, and the key of the upstairs store room—he had access to the room where they were—I missed them about the 8th, and he left on the 10th—search has been made for them, and they have never been found.
Whitfield. Q. How many men are employed there? A. Fifty or sixty, or perhaps 100—any man could have taken those keys away.
HANNAH WOODMAN . I live at 1, Little Russell-street—my husband is an engineer—I live opposite the stables of Messrs. Jinks—on the night of the 28th February, the prisoner was in Little Russell-street—I did not see anybody with him—he seemed to be loitering about—he was not many yards from the stables, on the opposite side—I went away for five minutes—when I came back again, he was still there.
Whitfield. Q. How far away were you from the person you saw? A. Only a few yards, perhaps four or five, not more.
CHARLES FREDERICK COLE . I am a carman, and live at Duke-street, Bloomsbury—I know Messrs. Jinks' stables—about 9 o'clock on 28th February, both the prisoners were there, lurking about—I first saw them standing by a butcher's shop—one walked up and down the street, and the other crossed the road—they had a conversation together, and walked back
again—I left them by the stables, as I had a friend with me, and could not stop—I picked them out at the station.
Whitfield. Q. How far were you from us? A. I passed you, and then I watched you—I said the stables were 100 yards from where I was; I cannot say exactly—I saw you in the light in the first case.
MR. RIBTON. Q. At any time were you close to him? A. I touched him in the first case—I picked him out at the station—I have no doubt whatever he is the man.
WILLIAM FRANKLIN (Policeman, E 20). I heard of this horse and cart having been stolen on the morning of March 1—from information I received, I tried to find out the prisoners—I found out on the 12th, that Whitfield lived at Winchester-cottage—I did not go to the house before the 18th, because I knew he was not at home—I found him lying on the bed about 7 o'clock in the evening—I told him I had come to apprehend him for stealing a horse and cart from Jinks—he made no reply—I said. "You will have to go with me"—he said, "I expected so much"—I left him with the constable Carter, and searched the room—I found an accordion and a new box—his wife said, "None of these things were bought with the money"—I said, "What money?"—she said, "With the horse and cart money"—I did not make any reply—I do not think he spoke till we get to the station—I then asked him if he had had any work since he had left Mr. Jinks—I said, "Can you refer me to any one you have been at work for"—he said, "No."
ROBERT CARTER (Policeman, E 117). I received charge of Whitfield on 19th March—I took him to Newman-street—he was told the charge on the Sunday; this was on Monday—he said, "Have you found the horse and cart"—he said, "You have rounded on me"—I had told him that what he said would be given in evidence—on 5th April, I found Whitton—I told him I wanted him for being concerned with another man named Whitfield, for stealing a horse and cart from 35, Little Russell-street—he said, "I do not know him"—I said, "You know a man named Husson"—he said, "No"—I said, "Do you know Winchester-cottage, Pentonville-road?"—he said, "No"—I took him in custody.
JANE PORTER . I am the wife of William Porter, a carman, of 3, Winchester-cottage, Pentonville-road—Whitfield lived there—he left on 28th February—he had been living there about three months—I did not know that he was going to leave—he went out about half-past 6, and did not return till the following Friday week—the constable came on the Sunday—Whitfield is married—his wife was there—I know Whitton—I have seen him there repeatedly, in company with Whitfield—I saw Whitton there on the Sunday when he came back the first time—he came back, and went away on the Wednesday, and then came back on the Friday, and remained—Whitton came about ten minutes to 1, and it was evening when he left—I supposed they dined—I was not in the room—I am sure he is the man—I am not quite sure whether it was Thursday or Friday that he remained—it was the Thursday or Friday before the policeman came that he returned.
COURT. Q. Do you know anything about this accordion? A. No more than I have heard it being played, but not since the 28th—I heard it before the prisoner left home—it had been in the house about a fortnight or three weeks before he went away—I had not seen it.
NOT GUILTY .
387. JOHN MASON (20) , Stealing 3,240 boxes of matches, and 1 box, the property of Joseph Pickard; and JULIA SIMPSON (28) , feloniously receiving the same; to which MASON PLEADED GUILTY .— Confined Twelve Months .
DANIEL RICHARDSON . I live at 7, St. Peter's-lane, St. John's-street, and am a marine store-dealer—on Wednesday, 14th March, between 1 and 2 o'clock, I bought a large box of Mason—I gave him a shilling for it—I put it at my door for sale—Mr. Pickard afterwards saw it—I gave it to the police.
JOSEPH PICKARD . I am a merchant—about the beginning of March, I missed a large box containing wax tapers, from the next house to mine—they were placed there, because they were inflammable articles—they were on the ground floor—the value of them was about 15l.—I have no doubt about them being stolen—I did not sell them, or authorize anybody to do so—I have seen the box since—it was produced by the police—I saw a Mrs. Miller examined at the police-court, and produce some tapers there—they were identically the same.
WILLIAM ROWLAND (City-policeman, 247). I took Mason—I received this box (produced) from Richardson's wife—Mr. Pickard identified it—on 16th, I went with Cockford with this box to Simpson's house, 14, Attermitre-court, St. John-street—about four, or half-past—she occupied two rooms, but the room where we found the matches, was on the ground floor—I produced the box which was found at St. Peter's lane, and said, "I want the contents of this box"—she hesitated a minute or two, and then pointed to a corner of the room—I went there, and found the matches and another box—I said, "I believe you have disposed of some of these goods"—she said, "I have not"—I said, "I shall search your place," which we did, but did not find any more matches—after that a female said, "You had better tell the truth about it, Mrs. Simpson," which she did—I said, "Does your husband know anything about this matter?"—she said, "No, so help me God, he do not," and neither would he allow her, if he knew it—she said she received them from a young man named John Mason—I heard Mrs. Miller examined at the police court—she produced two packets of matches—she is not here—she did not appear to be very well yesterday.
Cross-examined. Q. Did you tell Simpson that what she said would be taken in evidence against her? A. I do not think I did—I did not caution her in any way—I was in plain clothes—there was another person in the room—it was after we had searched the place, and I said "You have disposed of them," and she said she had not, that the female turned round and said, "You had better tell the truth"—I believe Simpson is a dress-maker, and her husband a boot-maker.
GEORGE COCKFORD (Policeman, G 59). On 16th March, I went with Rowland to 14, Attermitre-court—I took this box with me—when we went into the room, Mrs. Simpson was there—Rowland said, "I want the contents of this box"—she hesitated a minute or two, and then said, "There it is, up in the corner"—it was covered over with a large carpet—we found what is contained in the box now—we found thirty-five packages—they did not fill the box—she said she knew nothing about the other box—she said she had sold some to Mrs. Miller, and that she received the tapers from John Mason.
Cross-examined. Q. Was there a good sized bundle of tapers? A. They were rather high—I could not tell whether there was anything under the carpet till she spoke.
WILLIAM FIELDER . I am a grocer, of Clerkenwell—I have known Simpson about eight years—between 7 and 8 on the evening of 14th March, she called on me—she had two dozen of matches in her apron—she said, "Are these any use to you?"—I said, "I am busy now, I will look at them if you come in again in the morning—she came the next morning, and brought the same boxes—I looked at them—she was in the shop some time—a lady came in and said, "Come, Mrs. Simpson, this is not getting my dress ready"—I said I would not have anything to do with them—I believe she said she wanted 18d. for them—I did not buy them—it was a little square box.
COURT to JOSEPH PICKARD. Q. Were there any square boxes among your's? A. There were—I have seen some in Mrs. Miller's possession.
GUILTY.—Recommended to mercy by the Jury . She was further charged with having been previously convicted in July, 1864; when she was sentenced to Six Months' imprisonment, to which she PLEADED GUILTY.
388. WILLIAM PATMORE (36), and GEORGE RANDALL (27) , Burglariously breaking and entering the dwelling-house of Alfred Pond, and stealing therein I set of bed furniture, the property of James Muzio. Second Count, feloniously receiving the same.
MR. STRAIGHT conducted the Prosecution. MR. RIBTON defended Patmore, and MR. W. SLEIGH defended Randall.
HERBERT STAMMERS (Policeman, N 4). I am stationed at Islington—on the night of 29th March, I went to the Willow Tree beer-house kept by Patmore—I found Randall and Patmore there together—I told Patmore I should take him into custody, for having a quantity of things in his house, supposed to be stolen—he said, "There is nothing here but what is my own"—I took him up stairs into the first floor front room—I saw a quantity of dimity curtains hanging up at the window, and round the bed—I asked him where he got them—he said, "My wife bought them"—I said, "Where?"—he said, "I don't know"—I said, "How long have you had them?"—he said, "Three or four years"—I made further search, and found attached to two other windows of the same kind at the back, and round two other beds, a quantity more—I also found some in a box—I took them all down.
Cross-examined by MR. RIBTON. Q. Are the curtains all bed curtains? A. Yes; I found them on the bed, and at the windows—though bed curtains, they were used also for window curtains—I found these (produced) in the front room, and these in the back room—I don't know whether the prisoner's wife is here.
WILLIAM CRANNIS (Policeman, N 71). I am stationed at Kingsland—I went to the Willow Tree beer-shop, on 27th March, with Stammers—when I got inside, I saw Mrs. Patmore at the bar—we took the prisoners in the bar parlour—I spoke to Randall—I said I was a constable, and should take him in custody for robbery—he said, "All right"—I took him by the arm, and led him through the bar—when he got there, he tried to get off—I secured him, and handed him over to two constables outside—I then went back to the beer-shop, and went upstairs to the front bedroom with the other constable and Patmore—Stammers pointed to these curtains hanging up at the windows, and said, "Where did you get them from?"—Patmore
said, "My wife bought them"—I saw these curtains hanging round the bed, and all round the room—Patmore said he had had them for years.
Cross-examined by MR. SLEIGH. Q. Did you hear the conversation between Patmore and the other constable? A. Yes.
ELIZA POND . I am the wife of Alfred Pond—I live at Hornsey Newtown—at the time of the loss I lived at Rose-cottage, Tottenham—on 18th December, I went to bed at about a quarter to 12—I left the bed furniture in water to soak, in my washhouse—I have to go out of the house through a little yard to my washhouse—the washhouse adjoins the house, but I have to go out of doors to it—when I went to bed, everything was safe—in the morning they were gone—these are the curtains—they belong to a lady for whom I wash—I can identify some of them—this piece is the valance inside a four-post bedstead—I swear this is the outside valance—the rings have been taken off it.
Cross-examined by MR. RIBTON. Q. Perhaps there were never any rings on it? A. Yes, I am sure there were—the curtains are not so very old—I cannot tell how many years service they have seen—I have had them four times to wash—they are not mine—I don't know whether I am the "bailee" of them—they were given me to wash—I washed them.
LYDIA BUZELEY . I am the wife of Alfred Buzeley, of Tabernacle-row, Finsbury, not very far from the Willow Tree beer-shop—in December last, I saw Randall come to the beer-shop—he brought with him some dimity curtains, wet, in a sack—I saw them taken out in Patmore's parlour—I was in the parlour at the time—the next day I saw them dried hangin? up my about the rooms—they were bought by uncle and his wife—it was about a week before Christmas—I never saw any money paid for them.
Cross-examined by MR. RIBTON. Q. Did Mrs. Patmore pay for them? A. I believe her husband told her to pay for them—Mrs. Patmore examined them before she bought them—they were bought in the parlonr—nobody was in the room but myself, Patmore, his wife, and Randall—I did not hear all the conversation, because I had to go into the bar—I don't think curtains of this sort are ever sold at auction rooms wet—Patmore is my uncle—he keeps this beer-shop in the Ball's-pond-road—I went there last January, and again on 6 th February—I Was in the habit of staying there, acting as barmaid—a great many people come there for beer, but they don't bring curtains—I don't know whether Mrs. Patmore is here.
MR. RIBTON submitted that the name of James Muzio appeared in the indictment instead of Alfred Pond.
THE COURT amended the indictment.
RANDALL— GUILTY ** on the Second Count.—Seven Years' Penal Servitude .
PATMORE— GUILTY .—He was further charged with having been convicted of felony in April, 1859: and again in March, 1858, to both of which he PLEADED GUILTY.— Fourteen Years' Penal Servitude .
MR. STARLING conducted the Prosecution, and MR. GRIFFTHS the Defence.
ELIZA ELMSLIE . I am the wife of James Grant Elmslie, of 5, Stonefield-terrace, in the parish of St. Mary, Islington—on 29th March, at half-past 9, I came up from the kitchen, and the street-door was partly open—I went into the parlour, and knocked against something in the dark—I could not tell at the time what it was—I then went to light a candle at the side-board in the passage—while doing that, the prisoner came out from the parlour—he looked me in the face, and rushed to the street door—I took him by the
collar, to hold him till I could get assistance, but he got out at the door away from me—I followed him round the corner, and up another street, into Cloudesley-square—there was nothing missing—I had seen the street door shut between 8 and 9.
Cross-examined. Q. I suppose you cannot pledge yourself particularly as to time. A. I will not say; it was after 9—I went out about half-past 9—I had never seen the prisoner before to my recollection—he escaped as quickly as possible, as soon as he heard me strike the match.
JOHN FERGUSSON . I lodge at 5, Stonefield-terrace, and am a clerk—on 29th March, about half-past 9 I was in the closet—I heard a click sound at the door, as if some person was opening it—it was about two or three minutes before the alarm was given—about ten minutes before I heard the door closed—I could tell by the sound that it was closed.
WALTER EDEN . I reside at Islington—on the night of 29th March, I was in Cloudesley-square, passing the Liverpool-road—I saw the prisoner pursued by Havin—I stopped him—he said, as far a I can remember, "What is it? What is it?"—he appeared to have been running, and was very much out of breath—in a second or two after, Havin came up, and then Mrs. Elmslie.
Cross-examined. Q. Do you know where Mrs. Elmslie lives? A. No; I saw her in Cloudesley-square—I did not see any other person running besides Havin and Mrs. Elmslie—it was about half-past 9.
DAVID HAVIN . I live at Islington—on 29th March, I was in Stonefield-terrace—my attention was drawn to No. 5—I saw the prisoner rush out at the door, and run up Stonefield-street, and round Cloudesley-square—I ran after him, and saw him caught by Eden while turning the corner of the square—I lost sight of him when he turned round one corner—he came into sight again when he turned round the other—I did not see anybody else in the square running.
Cross-examined. Q. Did you ever see the prisoner before? A. No—I did not miss him more than two seconds.
THOMAS FEW (Policeman, N 174). I took the prisoner into custody from Eden—I told him he was charged with being in a house, No. 5, Stonefield-terrace—he said, "What is it?"—on searching him, I found a wax candle, and some lucifer matches.
GUILTY .— Confined Twelve Months .
OLD COURT.—Friday, April 13th, 1866.
Before Mr. Justice Smith.
390. JOSEPH HATCHER (44) , Feloniously killing and slaying Charles Parry. He was also charged, on the Coroner's inquisition, with the like offence. MR. THOMPSON having opened the case for the Prosecution, the COURT considered that there was no case against the prisoner.
NOT GUILTY .
MR. BESLEY conducted the Prosecution, and MR. M. WILLIAMS the Defence.
GUILTY. Recommended to mercy by the Jury on account of his youth .
Confined Fifteen Months .
MESSRS. METCALFE and BESLEY conducted the Prosecution.
CHARLES ROBERTS . I am an omnibus conductor, and live at 53, Roman-road, Barnsbury—on 6th February I was walking along Eldon-street, Moorfields, with a man named Blackburn—we were opposite a hoarding on which a man was sticking some bills, and were waiting till he had done—I heard a cry of "Oh!" turned round, and saw the prisoner with his right arm over the prosecutor's shoulder, whose name I now know to be George John Cox—the prisoner had a white handled knife in his left hand covered with blood—Cox ran into the road with his right hand on his left breast, and blood issuing out through his fingers—I ran up to the prisoner and said, "For God's sake what have you done"—he said, "I have stabbed him, and this is what I have stabbed him with—this is the knife (produced)—he said, "I do not want to make my escape—he put the knife into his right great coat pocket"—I said, "You are not going away like that"—he said, "I will walk with you to the police station"—I walked with him to Old-street station till we met a policeman—on the way he said that Mr. Cox had been a great rascal to him, and everything would be shown up in the newspapers—I handed him over to 128 G in Old-street, opposite the station, and at the station I charged him with it—he put his right hand into his right hand great coat pocket, pulled the knife out, and said, "This is what I did it with. "
Prisoner. I think he is nearly right, but the Counsel added more than I said in saying that I wished I had killed him. This man has spoken the truth.
THOMAS BLACKBURN . I am a horsekeeper—I was with Roberts in Eldon-street on 6th February, and heard some one call out "Oh!" when I was looking at some one sticking up bills for the Railway—I afterwards went with the prisoner along the road to Old-street.
SAMUEL HODGE (Policeman, 120 G). On the afternoon of 6th February, I was on duty in Old-street—Roberts said, "This man has stabbed a man in Old-street; I wish you to take him to the station—the prisoner said he was on his way to the station to give himself up for stabbing a man in Old-street—I took him into custody, and took him to the station—when we got there, he took this knife out of his great coat pocket, and said to the acting inspector, "That is what I did it with"—on the same evening I went with him to Moor-lane station, and on the road, he said, "It was meant for another man as well"—I told him I had been to the hospital to see the injured man, who was likely to die—he said he might as well be hung as be starved to death—he did not mention any name in the street, who it was meant for; but at the Moor-lane station he said it was meant for Hansom as well—that was while the charge was being entered, in my presence—that was the only name he mentioned—I left him at the station while I went to the hospital.
Prisoner. I did not say anything about being as well hung as starved to death. I never mentioned the name of Hansom.
Witness. I am sure of it—you were left at the Old-street station while I went to inquire—I saw you afterwards, and that passed—I am sure you used that expression with regard to Hansom.
JOHN HANSOM . I am in the service of Sadgrove and Co. upholsterers of South-place, Finsbury—George Cox is their warehouseman—I have been in their employment for twenty years—the prisoner was there for a number of years—he was a journeyman upholsterer—he left their service, to the best of my recollection, about three years ago—I went to Old-street station,
and found him there in custody—he was sitting on a form—I said, "You cowardly vagabond, what have you done? you have killed the man"—he said, "It was intended for you as well; this has been brewing for a long time"—I had seen him half an hour before that—he was waiting about our place for two or three days—I never spoke to him on any of those occasions—Cox was stabbed about fifty yards from our place—I had had no intimacy with the prisoner from the time of his leaving to the time of finding him in custody—I had not spoken to him for three years.
Prisoner. Q. Did not you say in public company at a London bar that you would not drink with the tradesmen, if I was drinking with them, and that I was out of your firm, and that you would keep me out? A. No—you left our place through your dissipated habits—I never said that I saw you with stolen property.
MR. BESLEY. Q. Have you any recollection of the interview to which he refers in the public house? A. No—it did not happen ten months ago nor ten weeks.
JURY. Q. Have you the discharging or taking on of the men? A. No, I have no power.
GEORGE JOHN COX . I live at Giddesh-street, Kentish-town, and am salesman to Sadgrove and Co.—the prisoner left their service three years ago next July—I had nothing to do with his discharge—I have not the slightest power to take on men or discharge them—I have not spoken to the prisoner for two years—if I have met him in the street, I have passed him without recognising him—I have frequently seen him—I have not the slightest knowledge of any cause for animosity on his part—on 6th February I was in Old-street, a short distance from the premises, about half-past 3 o'clock, standing by the gateway of a hoarding where they were pulling down a house—I felt a tremendous blow on my shoulder, and became very faint and unconscious, but did not fall—I next felt that I was being stabbed with something in my shoulder—I felt two or three blows, and felt a sharp instrument entering me, but at first I did not know what it was—I received all the blows within a minute or. two—I put my hand to my shoulder and found blood coming out of me very fast—I turned round and saw the prisoner—up to that time I did not know who had attacked me—I was taken to the hospital, and was under the care of Mr. Bloxham some time—I do not think any words were spoken—I was not aware the prisoner was near me—I have since been obliged to return to the hospital.
JOHN ASTLEY BLOXAM . I am one of the surgeon's to St. Bartholomew's hospital, and attended Mr. Cox there—he had a punctured wound over his left shoulder, another a little below his left collar bone, and an incised wound four or five inches long on the left side of the neck, which had divided several vessels, and laying bare the main artery of the neck, but not dividing it—there was considerable hmorrhage from all the wounds—I could put almost the whole of my forefinger into the punctured wounds—they were two inches and a half deep—they were dangerous; the incised wound was especially dangerous—this knife is exactly such an instrument as would inflict them—one wound was punctured, and then the knife had slipped along and made the incised wound—a considerable amount of violence would be required to make the punctured wounds, because they went through his coat—this incised wound did not require so much violence as the others, because his neck was bare—he was in the hospital three weeks, and is still under my care—he became so ill at home that he was obliged to be taken in again—he is likely to get over it.
Prisoner. Q. Did not I say to you on several occasions that he was doing all he could to work me out, and did not you answer that he should not work me out? A. No—I did not tell him that Cox was doing all he could to work him out, but he said so to me—I said, "Mr. Cox has nothing at all to do with it; if you had done what was right, you would be in our employment—we had so many letters of complaint that I was obliged to discharge you—customers said that, if we sent you, they would not admit you into their houses.
COURT. Q. Had Cox attempted to work him out? A. No—he did not find the least fault with him, but when customers complained he mentioned it—I never observed any unfairness in Cox towards him—it was rather the other way.
MR. BESLEY. Q. Did this occur at the time you discharged him? A. No, during the time he was in the service—he has not applied to me since his discharge.
MR. BESLEY to GEORGE JOHN COX. Q. After he left the service, did you or Mr. Golding employ him? A. I did, two months afterwards—I employed him occasionally, and paid him for his work—that was independent of Messrs. Sadgrove.
Prisoner's Defence. I quite agree to what is brought against me; but I had no intention of taking life away. I had that revenge come upon me which I could not conquer. I am sincerely glad that the young man has recovered. I went through a long persecution, and after I did it, I could see the punishment; but I could see no punishment before. I must now leave it to the law to be as merciful to me as you please.
JURY to CHARLES ROBERTS. Q. Did you consider the prisoner drunk or sober when you took him? A. Perfectly sober—he made no resistance—he ran away, and Mr. Cox ran after him with his hand on his left breast.
GUILTY .— Ten Years' Penal Servitude .
MR. CUNNINGHAM conducted the Prosecution.
GEORGE JOY . I am cab-driver of Lisson-grove, Marylebone—on Saturday evening, 18th February, I saw the deceased Mr. Taylor in Manchester-street—I was taking up in Manchester-street, and I saw him at the rank in Dorset-street first—he accompanied me from there to Manchester-street—I had a fare there to take two ladies and two children; one lady and child to Burton-crescent, the other lady and child to Kingsland-road—the deceased asked my permission to ride on the box with me—I left one lady and child at Burton-crescent, and then proceeded to Kingsland-road, up Pentonvillehill by the Angel and the City-road—when I was by the City-road bridge, and just commencing to go up it, I saw a Hansom's cab coming down from the crown of the bridge at a very fast pace, between ten and eleven miles an hour—I was so far on my near side that there was plenty of room for him to pass on his own side without touching me on the off-side—I cannot exactly say how near I was to the kerb stone on the left, as I got shook when I came to the ground—I could not avoid the accident, I thought he would have pulled off me, but he did not—he came right opposite me, and tried to pull in, but not till too late—he had plenty of room—I was driving at about five miles an hour—the Hansom was near my side—his near wheel was in the middle of the road, his off wheel on my right side—he was near the middle, but rather on the near side, the width of his vehicle on my
side—the collision occurred, and his wheel struck against part of my vehicle—the wheels of his Hansom came between my off fore wheel and spring, and shook deceased and me off the box, and then his wheel went over, struck at my wheel, and stopped between the two wheels of my cab—it strained the spring—the deceased was taken up by some gentlemen—he fell into the near side gutter—he was taken to a doctor's close by—we then got the cabs apart—I pulled my cab closer to the kerb—the doctor came and asked me if I would take the deceased to the hospital—I took him to St. Bartholomew's hospital—allowing a couple of yards for the width of my cab, there were ten yards between my off wheel and the kerb on the opposite side of the road—it was ten yards from the kerb—the road is about fourteen yards wide, a little under or over—I was sober, and the prisoner appeared sober—my near wheel was between three and four yards from the kerb, to the best of my recollection—there was no other vehicle in sight.
Prisoner. Q. What distance were you from the corner of the bridge when you first saw me previous to the collision? A. I was at the bottom, just commencing the rise to go up—I do not know the hospital, or what distance I was from it—the collision happened before I commenced the rise, I was just going to commence it—it was not dark—it was twenty minutes past 11 o'clock—it was moonlight, and was a nice clear night—I think I saw you about thirty yards in front of me, or a little more, before the collision, and thought you were coming on your right side, or I should have shouted.
THOMAS NOTT (Policeman, G 51). I saw a crowd in the City-road, when I was on duty, and found two cabs standing there, and was told there had been a collision—Joy asked me to take Ambrose's number, which he gave me—while doing so some gentlemen came up to me, and said there was a man lying in the City-road—I found a man lying in the gutter, close to the kerb—I then went back and took Joy's number—I then went to see after the man, but he was taken away to the doctor—I saw two cabs and a Hansom, which was rather in the middle of the road—the horse was out of it—the cabs were not locked when I saw them—there was just room for me to walk between them—they were about a yard apart—this happened on the right hand side of the road going towards the Angel—the Hansom was on the right hand side, going westward, but it should have been on the left—the Angel is to the west of the place where I saw them—the four-wheeled cab was about three and a half yards from the kerb—the shafts were turned in the opposite direction to the other—the road is about thirteen and a half yards wide—I measured it—no conversation took place when I took the prisoner's number—I had not seen him till then—I took his number, and went away from him directly—he asked me to give him Joy's number—that was all he said—he did say, "You see I am not on my wroug side"—I said, "You are not on your right, or else you would not be here"—I just looked at the Hansom cab—his off right hand side was turned in the direction in which he was going.
COURT. Q. What sort of light was there? A. It was a starlight night—I could not say it was a dark night; it was pretty clear—the houses are pretty well lighted with gas there, and there was a lamp close to where the accident happened—it is 150 yards, I think, from the crown of the bridge to where the accident happened—the cabs were on level ground, 50 or 100 yards from the rise of the bridge.
past midnight in a perfect state of insensibility—I guessed from his symptoms that he was suffering from concussion of the brain—his pulse was very slow, and could hardly be felt—he was admitted at once into the ward—he lived till a quarter to 8 the next evening—I made a post mortem examination—there was a bruise on the back of the head—I observed that before the post mortem—it was an ordinary bruise, such as one might get from a blow on the head, there was no solution of continuity—I found that an enormous quantity of blood had been effused between the membranes of the brain, and that the vessel from which that blood proceeded was at the spot which corresponded exactly to the bruise outside of the head—the brain in other respects was perfectly healthy—the cause of death was compression of the brain, caused by the haemorrhage—the haemorrhage corresponded with the bruise, but the blood was effused all over the brain—the external and internal injuries might be caused by a fall—his age was about 22.
FREDERICK JOHNSON . I live at 61, Burton-terrace, City-road—I witnessed this collision—it was not further than 100 yards from the crown of the bridge, and about 50 yards from the beginning of the rise—I immediately went to the place, and was there from the time of the collision till the deceased was removed—I helped to convey him to the hospital—the position of the cabs was not particularly disturbed by separating them.
COURT. Q. Did you see the cabs before the collision? A. I saw the Hansom cab pass me, going west, at a pace of 8 or 9 miles an hour, to the best of my knowledge—I then heard a noise to my left—I was standing with three other people—I went up, and saw two cabs had come into collision—the Hansom was then about 3 feet on the right side of the City-road, going towards Islington, and locked in—3 feet on the right hand side of the middle of the road—the whole vehicle was clear 3 feet—I speak as well as I can judge—when the cabs were unlocked, the Hansom was removed to the other side of the City-road—the wheel was brought to the other side of the kerb—when I first saw the cabs they had not been unlocked or removed at all, they were just as they were when the collision occurred.
MR. BESLEY. Q. Were they some time locked and stationary? A. For about five minutes—the road is about 40 feet wide—it is very wide just there—when I went up to the near wheel of the four-wheeled cab it was 6 or 7 feet from the kerb on the right side coming towards the City-road bridge, his proper side on which to go.
Prisoner. Q. Was there anything particular to draw your attention to the pace of my horse? A. No—I was not in deep conversation—I did not see that you had got lamps—I did not notice the four-wheel cab coming along, but the Hansom passed me—I was on the "Angel" side, at the corner of Broad-street, City-road—the Hansom passed me on my left—the four-wheel cab was going towards the City, and was on the left side going towards Islington, and the right side towards the City—it was about forty yards from the corner at which the collision occurred—I was on the edge of the kerb, at the corner of York-street—the collision did not occur at the hospital, but by the "City Arms" public-house—not the "Macclesfield Arms"—the "City Arms" is on the right side going towards Islington—the hospital is further on, on the left-hand side.
COURT. Q. You say you saw nothing particular to draw attention to the Hansom cab; was there anything in the pace? A. Nothing particular; I just noticed it
Pentonville, at this time—on 18th February, I was going up the City-road, towards my lodging—a Hansom passed me, and I saw the collision—the four-wheeled cab was on the left-hand side, going towards the City, from six to seven feet from the kerb—the Hansom was rather over the crown of the road—I mean it was on its wrong side, the whole body of it; but it did not occur to me as going faster than usual, as they usually drive fast—there was nothing in the pace to direct my attention—the Hansom's cab was driving faster than the other—the near side of the cab was from ten to twelve yards from the near side of the kerb—the road is very wide there—there was no other vehicle in sight—I could see more than thirty yards, because it was a clear night, and there was lamplight—the accident was from 120 to 150. yards from the crown of the bridge.
Prisoner. Q. What distance were you from where the collision occurred, at the time you first saw my Hansom's cab? A. Twenty or thirty yards—I did not notice whether you had lamps or not.
SYDNEY SAUL HARRIS . I did live at 297, City-road—I now live at 368—I am a public-house broker and auctioneer—on 18th February, between 11 and half-past, I saw the Hansom's cab locked to the four-wheel, but I did not see the accident—the Hansom's off-wheel was in the behind wheel of the four-wheeled cab, which was about six yards from the left-hand side going towards the City—the Hansom was a little over the middle of the road—it was clearly over the middle—I should not like to say it was any distance clear—the four-wheeler was on its proper side—it might have been nearer, no doubt another cab could have passed on its near side—I saw both drivers—I should not like to say whether they were sober, because they were in confusion—I saw the prisoner with his hat off—he did not appear at all drunk.
GEORGE FOWSON . I am a watch-fuse cutter, of 62, Lever-street—on 18th February, about ten minutes past 11 at night, I saw the two cabs locked together—I did not go round them—they were afterwards unlocked—the four-wheeled cab was about seven feet from the left-hand kerb.
Witnesses for the Defence.
WILLIAM FRANCIS STEPHENSON . I am a builder—I am accustomed to carts and horses—I drive occasionally—I was the fare in the Hansom's cab—I took the man off the stand in the City-road, opposite the Eagle, and told him to drive me to the Assembly House, Kentish-town—I live in Falkland-road, close by there—when I had got some distance over the bridge and past the decline, a collision occurred—it was just at the level—I did not see the four-wheeler coming, but when I looked out, the horse of the Hansom was down, and plunging to get up—as it plunged, it drew the Hansom more towards the left hand, or rather the offhand, which was his wrong side—I got out of the cab, and the near wheel of the Hansom was nearly on the crown of the arch, and the wheel which came in collision, was just over the middle of the road—when the collision occurred, the off-wheel was on the middle of the road, and the near wheel on its proper side—it was about the middle of the road—both cabs were in the middle of the road, it seemed as if they were disputing the middle of the road, and after they were unlocked, and the four-wheeler was stationary, it gradually dragged towards the kerb—it was quited seven feet away from the kerb, and even then there would have been room for another cab to have passed it after it became stationary—the pace of my driver was certainly not exceeding eight miles; not more than the ordinary pace—I have been in those cabs at a
much faster pace—he was sober to all appearance—he was thrown off his cab as well as the other man.
Prisoner. I had my finger broken.
Cross-examined. Q. When did you first see the four-wheeler? A. Not until after the collision—I then got out, and the horse of the Hansom broke away—when I first saw the four-wheeler, I should think its near wheel was about four yards from the kerb on its left side—I do not know that I said anything about four yards before the Coroner—I cannot undertake to say that I did not—I was asked before the Coroner whether the hind wheel of the four-wheeled cab was quite seven feet from the kerb, and I said that I should think three carriages could pass abreast there—when I got out, the left wheel was within four yards of the kerb; but the plunging gradually drew it nearer to the opposite side—had the horse of the fourwheeler been stronger than that of the Hansom, it would have been on the other side; but the horse plunging, had a tendency to draw it on the near side of the four-wheeler, and I afterwards saw the left wheel of the fourwheeler between three and four yards from the kerb, on the left side—before the dragging commenced, the near wheel of the Hansom was on its right side—I did not say just now that it was on the crown of the road when he was driving—the two wheels were as near as could be in the middle of the road when they came into collision—the horse of the Hansom dragged the four-wheeler towards the other side of the road, by plunging to get up—a horse plunging, usually drags the vehicle; I have seen the same thing in a pony-chaise.
Prisoner. The horse was at liberty to do as he pleased—I was thrown off.—FRANCIS. I am a dealer in old materials, and drive a horse of my own—I was standing by the Macclesfield Arms talking to a man who had been at work for me, and saw the prisoner driving a cab coming over the bridge, and just as he passed the rails on the left side, I heard a collision—I at once made for the spot, and saw the two cabs locked—the horse of the Hansom's cab plunged to get up, and was pulling the four-wheeler more towards the kerb—I should think there was a space for a buss on each side to pass each side of the cab—when I first saw the Hansom's cab and the horse down, the horse was about the centre of the road, and the Hansom's cab had only caught the hind wheel of the four-wheeled cab, so the four-wheeler must have knocked over a bit, to admit the Hansom's cab to get to the back—I think they were about the centre of the road, and as the four-wheeler was drawing off, the Hansom must have gone in.
Cross-examined. Q. Do you say that the Hansom's cabman was going to draw off? A. No; I say I thought the four-wheeled cab was drawing off to admit the Hansom's cab—I did not see the collision, and did not see the cabs after they had been separated—I went to look at the men, because I considered that the vehicles could take care of themselves—from the direction in which the Hansom's cab horse was plunging, it was drawing over towards the Macclesfield Arms—that would cause the wheels to skid more towards the City Arms—it drew the two vehicles, and each time it plunged, it slipped over again—after the horse had plunged some time, the Hansom's cab was at an angle across the road—it was on its wrong side, after being drawn—it had gone over the crown of the bridge about three feet.
NOT GUILTY .
NEW COURT.—Friday, April 13th, 1866.
In the case of WILLIAM BELL tried this day, see Surrey Cases.
THIRD COURT.—Friday, April 13th, 1866.
Before Mr. Common Serjeant.
MR. PLATT conducted the Prosecution, and MR. BESLEY the Defence.
WILLIAM GAGE . I live at 7, Chapman's-place, St. George's, and am a labourer—I was standing in Cable-street on the night of 27th March, a little after 10—some men were having a disturbance at the Shovel public-house—there was a row with some Germans—I went to see what was the matter, when Hill struck me on the shoulders—some people were coming along, and I showed them the cut—my coat was cut through—it was not a serious wound—I saw Coleman brandishing a knife—about three minutes after I was struck—I afterwards saw Pounceby, who had been struck—I do not know who wounded him.
Cross-examined. Q. Were you in the public-house? A. Yes—no man was with me—I did not see an Englishman strike Pounceby—I was struck in the street—Coleman, Hill, and another man, were in the street—the three were standing in a row—I was half a yard in front of them—Coleman was close to me at the time I was stabbed—I saw some men quarrelling together, and three men run down an alley—they were pursued by some other men—I don't know what countrymen they were—the brandishing took place after that—all the people who went down the court after the men, turned and ran back—Pounceby pulled me back, and I pulled Pounceby back—I saw some Germans at the top of the court brandishing knives—the police went down about three minutes after that—the Germans then were in a house at the bottom of the court—there were then about thirty or forty people standing about—when the row commenced, there were but six or so—I had no knife on that day—this (produced) is my sister's knife—I don't know a person named Able—I never told him or anybody else that they had got the wrong men—Pounceby was quite a stranger to me—I didn't see the beginning of the row—I found the men quarrelling outside.
MR. PLATT. Q. Did you see any one going after Pounceby when he went away? A. The two prisoners and another man, carrying knives.
CHARLES JONES . I live in St. George's—on this night, I saw a disturbance with some Germans and many other men—I was at the shop, and didn't exactly see what it was about—I didn't see the row at its commencement—I saw Coleman strike Pounceby—I didn't see whether he had a knife in his hand—after he was struck, Pounceby said, "I am stabbed"—I didn't see Hill at all then.
Cross-examined. Q. Then you didn't see Hill do anything to any other man? A. No.
COURT. Q. Were the men all together at first? A. Yes; but I didn't run from my shop to see the commencement of it.
GEORGE PHILLIPS . I am a surgeon of 2, Spital-square—I examined Gage—he had a slight incised puncture in the top of his right shoulder—it was a very slight wound—the instrument had gone right through his coat—this knife is a very likely instrument to produce the puncture.
HENRY CROWHURST (Policeman, H 127). I took both prisoners into custody—they did not say anything when taken—I searched Hill—I produce a knife found in his right-hand coat pocket—when it was found, he said,
"So help me God, some one must have put it there"—Hill spoke good English—Coleman did not.
THE COURT directed the Jury that there was not sufficient evidence to convict—NOT GUILTY .
NOT GUILTY .
FOURTH COURT.—Friday, April 13th, 1866.
Before Robert Malcolm Kerr, Esq.
MR. LAXTON conducted the Prosecution, and MR. DALY the Defence. JAMES SANDERSON. I am a licensed victualler, and keep the Grapes, Holborn-hill—the prisoner applied for a situation as barman, and came into my service on 15th March—for some reasons, I placed some marked money in my till on four consecutive days—on Tuesday, 3d April, I placed some marked money in my till, and among it, caused this florin (produced) to be placed there—I marked it with a penknife on the upper part of the head—it is visible now if you turn the head to you—I also marked this shilling (produced) under the head—it is a sort of curve on the right-hand side of the crown—I gave the prisoner in custody on 6th April—I was present when his box. was searched, and the florin was found—the shilling was found in his pocket—during the time he was in my service he received no money, as he was only there three weeks, and I pay once a month.
Cross-examined. Q. I believe you received a good character with him? A. I did not—when I gave him in custody, I said I would be answerable for him, and then he walked along beside the policeman—they were small coins I marked on each day—I put a variety of money in the till—the money that is paid over the counter is put in that till—the florin was found in his box before the officer left the place—the officer spoke to him on the Friday evening, and the florin was found in his box a few minutes afterwards—no officer had spoken to him before—the shilling was in his purse in his waistcoat pocket—he took the money out himself, and put it on the table—he went up into his room first, and the officer followed—I do not know whether his keys were in his room—he gave the officer the keys—I did not see him take them from his pocket—it was a very small room, and I was not inside it—I had a young man in his place before, who left to be apprenticed to a carpenter—I have another young man, whom I have had six or seven years—the till is not locked—the detective came in on the Wednesday—there was not any talk about anything that would raise the slightest suspicion in the prisoner—I do not know whether he had any new clothes—he might have had some without my knowing it—there were two sovereigns, a half-sovereign, a florin, a half-crown, in the box, and twelve single shillings in his pocket—when he came, I believed him to be respectably connected—I do not know that he had a house at Cuddington—I do not know anything about him—I cannot trace what became of the other marked money.
CHARLES BAKER (City-detective) I went to the Grapes public-house about a quarter-past 6 on Friday week last—I went into the bar—I saw the governor speak to the prisoner—he put his hand in his waistcoat pocket, and pulled a purse out and shook the money out—I then went up and told
him he must consider himself in custody for stealing money from his master's till—he said that he had not stolen any money whatever—there were twelve shillings, a sixpence, and a penny on the table—I picked up the shillings, put the rest in the purse, and then went up stairs—I saw the prosecutor mark on a shilling—the mark is at the bottom of the head—it is a line drawn very short—I can swear to this shilling from that mark—I saw they were all marked each day before they were put in the till—I asked him where his box was—he took the keys out of his pocket, and was going to unlock the box, and I said, "I will unlock it; what money shall I find in it?"—he said, "I don't know"—I said, "What gold shall I find?"—he said, "I don't know"—I believe he said afterwards, 2l. 10s. in gold, but he did not know how much silver—I said, "You can tell to a pound or two?"—he said, "I shall not answer any more questions"—I said, "Very well"—I was not in uniform—I told him I was a detective-officer—I opened the box, and found two sovereigns, a half-sovereign, half-crown aflorin, two gold rings, eight pawntickets, a silver watch, a gold chain, a gold key and locket, a gold pin, and in the breast-pocket of the coat he was wearing I found a ticket of a watch pawned on 15 th March, the day he entered the prosecutor's service—I took the florin and separated it from the other money—I did not mark it—several persons were sent in, and I went in—I can point this florin out of a thousand—the mark is just on the verge of the near part of the crown—I did not see it marked—I saw it after it had been marked—I am able to swear to it because of the mark I can see.
Witness for the Defence.
COURT. Q. Do you know anything about this money. A. He had money when he paid me.4s. 6d. for his lodging, when he went to his new place—that was in the evening, when he took his box away—he had money in his hand—I cannot say how much—it was silver.
GUILTY .— Confined Twelve Months .
MR. LEWIS conducted the Prosecution.
Rowland (Policeman.) I was watching Mr. Nash's premises—he is a charcoal dealer, of 119, Newgate-street—Spring and Ashley were employed there—I saw Ashley bring out two bags of charcoal at a few minutes past 8—the shutters were up, but the door was open—he took them into Davis's, a charcoal-dealer and stove-manufacturer, next door—I stopped him, and from what he said to me, I went into the shop and saw Davis, in the first-floor back room—I said, "Did Mr. Nash's man bring anything in here?"—he said, "No"—I said, "I am pretty sure he did; I saw him bring two full sacks of something, and I must have them"—he hesitated some minutes, and then said, "There is one of them," pointing behind the door of the room—I asked him where the other was—he said, I hope you are not going to make a job of this"—I said, "I must have the other sack"—he pointed into the passage, and said, "There it is"—I went and spoke to Spring, and then returned to Davis's place, and told him I should take him in custody—he said, "I should like to know what you are going to say about this matter?"—I said, "The truth"—I took him to
the station—he beckoned me to him, and said that he wished to speak to me—I went to him—he applied his head to my ear, and said, "Do the best you can for me, and I will give you a half-sovereign"—the bag I found at Davis's contained about a bushel and a-half of charcoal, value about seven shillings—he said he had given the full value for it; he had ordered some, but had got none—I afterwards searched the place, and found four other sacks full of charcoal, one with Mr. Nash's name on it—I was present when Childs searched the premises—he found two empty sacks with Mr. Nash's name on them—some of them were stored away under a flue in the same room—some were concealed, and some were not—some laid under a form.
Cross-examined. Q. Did you say before the Magistrate, "I found in Davis'a place four other bags of charcoal?" A. Yes—I was not asked how many of them were concealed—I found twelve sacks in Davis's place under the flue, and four empty sacks, which were not concealed, under a bench—I had found them before I was examined before the Magistrate—I did not say they were concealed—I believe Davis deals in charcoal—I was not in uniform, but he knew I was a detective—after we got to the station, he asked me to go and get bail for him—that was after he put his head to my ear—he asked me to ask the inspector whether he could have bail—I did so—he did not offer me anything for it—he said, "Do the best you can, and I will give you a half-sovereign"—I believe what he meant was that I was to forsake my duty—I told the inspector that he told me he would give me a half-sovereign—I have been in the force about fifteen years—I told the inspector that I saw Ashley bring in two full sacks—I do not remember warning Davis—he said, "I hope you are not going to make a job of it," without my saying a word.
——HOWELL. I am clerk to Messrs. Nash, of 119, Newgate-street—Spring and Ashley have been in their employ, one twelve and the other fifteen years—he had had no business transactions with Davis—these two bags of charcoal belong to him—we always have a large stock on the premises, to which Spring and Ashley had access—they were not permitted to purchase charcoal, and had no right to remove it from the premises—I had not given them instructions for two bags to be taken to Davis—I left the premises as near eight o'clock as possible—we generally close about eight—the shutters were up—the business is really over when the counting-house is closed—this (produced) is one of Mr. Nash's bags; each bag is worth 5s. 6d. and contains 30lbs.
Cross-examined. Q. Have you the management of the entire establishment? A. Yes; I come in the morning between nine and ten; the establishment opens at eight—we had perfect confidence in Spring and Ashley—some of our old sacks get out into the country—we seal all our sacks—5s. 6d. is the retail price—the wholesale price is a trifle less—I do not know whether there are any seals on the top of this bag—the seal is across the lacing.
COURT. Q. I suppose that keeps the charcoal tight? A. Yes—Spring and Ashley had no authority to sell charcoal; they had orders to deliver—if they supplied an order to any one after I left they would make a return to me next morning—Davis was not on my books at all.
SPRING and ASHLEY GUILTY .—Recommended to mercy by the Jury, believing them to have been led into it by Davis.— Confined Twelve Months each .
DAVIS GUILTY .— Seven Years' Penal Servitude .
MR. DALY conducted the Prosecution, and MR. WILLIAMS the Defence.
SAMUEL OBEY (City-policeman, 699). On Thursday, 15th March, about half-past four, I saw the prisoner in St. Paul's Churchyard—I saw him walk to the side of a lady—he first passed her and then dropped back on her right side—he walked beside her a little way and then put his hand through the hole of his coat into her pocket and took something from it—I went to her and said, "You have lost something"—the prisoner saw me speaking to her and ran away—I lost sight of him—I saw him again on 22d March at the corner of St. Paul's Churchyard and took him in custody—I found a knife on him—he gave his proper address.
JOHN WOLF . I am assistant to Heywood and Son, tailors, of St. Paul's Churchyard—I was in their shop and saw the prisoner outside the door—there were two or three ladies there—the prisoner was close on the right hand side of the prosecutor, with his left hand down—I have not the slightest doubt that he is the man, because I looked at him for some time, and took particular notice of him.
Cross-examined. Q. Have you ever seen him before? A. No—it was the side where there is no thoroughfare for carriages—we have folding-doors with glass windows to them—I was standing inside looking through the glass window—I next saw the prisoner at Guildhall, not before the Magistrate—I was asked if I should be able to identify him, and was taken down stairs to a place where prisoners are kept and selected him from a group of men who were standing there—they were called out of some place—I do not know whether any were policemen—I had never seen any of them before.
MARY ANN KEABLE . I am the wife of Samuel Keable, a solicitor's clerk—on 15th March, about half-past four, I was in St. Paul's Churchyard—the officer spoke to me—I put my hand in my pocket and missed my purse—there was 4s. 10d. and two railway tickets in it—I had noticed the prisoner before the officer spoke to me—I did not notice him particularly when he got before me—my purse was safe not more than two minutes before—I have not had it since.
Cross-examined. Q. Had you ever seen the prisoner? A. No—I saw him about a minute before.
GUILTY . He was further charged with having been before convicted, to which he PLEADED GUILTY.— Seven Years' Penal Servitude .
MR. LILLEY conducted the Prosecution, and MR. F. H. LEWIS the Defence.
THOMAS GOALDING . I am clerk to Messrs. Watlings and Goalding, solicitors—I produce two certificates of marriage which I got from the superintendant's Registry Office, Somerset House—I compared them there—they are correct copies—(These certified the marriage of Henry Frederick Stocker Mignot, age twenty-four, private in the 14th Hussars, and Jane Parker Wadsworth, age twenty, at Manchester Cathedral, on 3d December, 1862, and Henry Mignot Butcher and Jane Raffell at All Saints Church, Fulham, on 29th August, 1865.)
HENRY WALLET . I am a private in the 14th Hussars—in 1862 the prisoner was a private in the same regiment—in December, 1862, I was present at his marriage in the Cathedral Church at Manchester—I cannot say whether his wife is still alive—I saw her last at Mr. Goalding's office, about the end of February.
Cross-examined. Q. You say you knew her as Mary Jane Parker? A. I knew her as Mary Jane Parker Wadsworth—I am quite sure the woman I saw at Mr. Goalding's office was the same woman I saw at the church.
THOMAS GOALDING . I am a solicitor in Lincoln's-inn-fields—on 26th February I was present when the prisoner was in my room, and the last witness and the first wife were in the next room—I called in Wallet—I said "Is this the man?"—he said, "Yes"—I then called in the wife—I said "Is this your husband?"—she said, "It is"—I said, "Are you the man?"—he made no reply whatever—the name of the wife was Mary Jane Parkei Wadsworth.
THOMAS HEAD . I am a butcher at Parson's-green, Fulham—I know the prisoner—on Sunday 27th August he came to my house—Miss Moy came on the Monday—I was present when the prisoner and Jane Emma Moy were married by licence at Fulham church—I was a witness to it.
Cross-examined. Q. Under what name had you known her? A. As Jane Raffell, not as Miss Moy.
MR. LEWIS here stated that he could not resist a verdict of Guilty.— GUILTY . Five Years' Penal Servitude .
PLEADED GUILTY to unlawfully wounding.— Confined Six Weeks .
MR. F. H. LEWIS conducted the Prosecution, and MR. METCALFE the Defence.
EDWARD HARRISON . I am a publisher and newspaper agent, of 135, Salisbury-square—the prisoner has been my clerk about three years—1 had among other customers two gentlemen named Pritchard, of Birmingham, and Atkins, of Brightlingsea, Sussex—the prisoner has never paid over to me two sums of. 5l. each from Mr. Pritchard, or a sum of 5l. received from Mr. Atkins on 3d February—he has not accounted to me for any of these sums—when I was first before the Magistrate I was in possession of my cash-book, and I produced it—I missed it on the evening preceding the day to which the case was adjourned—1 have searched for it in every likely and unlikely place—there were no entries in it of any receipts of these moneys—assuming the prisoner received them, it was his duty to make entries in that cash-book, or to have handed the amounts to Mr. Wise—that is the usual course—these two sums to Mr. Pritchard's credit are m the prisoner's writing—they were not entered in the cash-book, and were toot received—there is no date at which he credits Mr. Pritchard with receiving these sums,—(looking at a book) all these entries of credit are the prisoner's writing, and credit would be made out from the ledger in the usual course of proceeding—in Mr. Pritchard's account there is an interlineation of 5l. under the date of January 29th—there is another entry of the other 5l. dated February 29th—I have got Mr. Atkin's account here (looking at the ledger) —I have got a credit note here in the prisoner's writing, and it also appears in the statement.
Cross-examined. Q. There is no entry in February before that? A. No—there is one on January 19th—the interlineation is a figure 5 put between two others in the prisoner's writing—the other two entries are not his—I am sure this is the prisoner's figure—I have not examined the other five at the bottom—the prisoner keeps the ledger—as regards making out the
statements they are taken from the cash-book—the posting of the cash would not necessarily be his—sometimes he does the posting from the cash-book into the ledger, and sometimes my son, sixteen or seventeen years of ago, or another young man named Absolem—Mr. Wise may if he chooses—the ledger is kept in the counting-house, which is under Mr. Wise's control—he is the general manager—the posting from the cash-book into the ledger is done in the ordinary way—sometimes two do it in that way.
COURT. Q. Suppose Mr. Wise was posting the cash-book and that one of the young men in your employ calls out, "Atkins, Birmingham, February 3d, 5l."—Mr. Wise would write it down in the ledger? A. Yes—the folios in the ledger are entered in the cash-book—he would repeat the folio when he was calling over the cash-book—Atkins, Birmingham, might be an entire interlineation—if the prisoner arrived before Mr. Wise in the morning he allowed him to enter it in the cash-book and to hand over the money to him—the credits of cash are given in the prisoner's writing.
MR. PRICHARD. I am a newspaper agent at Birmingham—I paid these two sums of 5l. each—I sent up two 5l. notes which is a credit to me of the sums having been received in London—this is my account which I have received from Mr. Harrison, showing that I have paid the two sums of 5l. each.
MR. ATKINS. I am a bookseller at Brightlingsea, Sussex—I paid Mr. Harrison and received this credit note afterwards.
MR. WISE. I am manager to Mr. Harrison—this is a memorandum of accounts—it is taken from the ledger—I did not receive the two sums of 5l.—on January 29th I received 2l.—the prisoner did not pay me 5l. on 8th February.
Cross-examined. Q. Do you keep the cash-book? A. I do—the greater part of the entries were made in the cash-book by myself; nearly all—it was my duty to make all—Mr. Harrison was aware that somebody else made entries in the cash-book before this case—it was kept in the counting-house, on the desk—it cannot be found—I saw it last on 28th February in the counting-house—I think that was a week after the case was remanded—the prisoner was in custody then, and had been for some time—at that time almost every one in the place had access to the counting-house—a man named Absolem had access to it—I saw it about 10 o'clock in the morning—Mr. Harrison received the amount from me at that time—I am quite sure Mr. Absolem did not take it out of the house after that—it was not taken to my house by anybody—I never saw it in my house—when the entries were made in the ledger, I did not call over the cash-book—I have, not done so for the last two years—sometimes it was called over, and sometimes it was not—when it was called over, Absolem called it over, and the prisoner entered it in the ledger—the cash would generally be entered without being called over at all—it is simply taken from the cash-book, and entered in the ledger—a customer who sends money from the country has it entered in the cash-book—such large sums as 5l. would be entered in it—I could have no independent knowledge that it was paid—if a person sent a 5l. note in a letter, the letter would be thrown away in a waste basket—this 5l. would be laid in the desk, and entered in the cash-book before Mr. Harrison came to business, before 10 o'clock—there might be a great number of notes during that time—they are all laid on the desk—if a letter came from Mr. Atkins, simply saying, "I enclose 5l.," I should be there to open it—if I was not there, the prisoner would do it—the 5l. would lay aside till I came—if I was a little late, the prisoner would remain in charge
of the money in the counting-house—if I went out for a month, the other clerks would come in—if letters came from Prichard and Atkins, they would remain together—the name is put on the corner—if Mr. Harrison was going out for the day, I should be there a little earlier—I swear I entered the money at the time—the cash-book was taken nowhere to my knowledge—I do not know what became of it—the prisoner gave information against a person named Rooper, of his robbing Mr. Harrison—I think that was about two years ago—he is my father-in-law—I think the charge was stealing about 7s. 6d.—he was discharged—I will not be sure whether I saw him at the police court or not—very likely I did—he did not go with me—I am not certain whether I went away with him—I am not certain whether I met him there—when the prisoner was first brought up, I was told that he had broken a blood-vessel—he was apparently ill.
MR. LEWIS. Q. Was evidence taken, and books produced? A. Yes; they were produced.
—FENN (Policeman). I apprehended the prisoner—I told him I was a police officer, and I should apprehend him for embezzling 5l. of Mr. Atkins on account of his master—he said, "I know all about it, I am very sorry it is so much"—I took him to the station—I found nothing on him. " NOT GUILTY .
MR. LEWIS conducted the Prosecution, and MR. METCALFE the Defence.
MR. ALDER. I am clerk to Simpkins and Co, publishers, of Pentonville-road—on 14th February, I paid the prisoner 8l. 11s.—he signed this book in my presence.
Cross-examined. Q. When were you first applied to about the money? A. A few days afterwards—I cannot say the date.
EDWARD HARRISON . I am a publisher—the prisoner was in my service—I did not receive 8l. 11s., or two sums of 5l. from Mr. Atkins—I did not receive these sums on November 16, February 1, and February 14—it is not true that the cash-book was brought to my house—it was brought there with the ledger by Mr. Wise, that we should go through it on Sunday—that was the Sunday after the prisoner was in custody.
Cross-examined. Q. Was it brought to your house on Sunday, 25th? A. On the Sunday previous to the examination—I went there with Mr. Wise and my son—it was taken back to Mr. Wise's office, I think by Mr. Wise—I do not remember when—it was in the counting-house on Monday, and on the following Wednesday evening it was missed—I saw it on Wednesday morning at ten o'clock, in the counting-house—the charge about Simpkins was, I think, discovered the day after the first examination—I think on 21st or 22d—in Atkins's matter a number of omissions were discovered—the charges were made on March 1, not on the 8th—I feel confident of that, as far as my memory serves.
MR. LEWIS. Q. Were you aware, when you charged the prisoner with these offences, that they were committed before 7th March? A. Yes; I think it was about a week after the money had been received—I was aware, from application to Simpkins, that money had been received.
MR. ATKINS. I paid these two sums of 5l. each.
MR. WISE. I did not receive from the prisoner the sum of 8l. 11s., paid by Simpkins, of Pentonville-orad—I did not receive these two sums of November 16 and February 1—the two sums to Atkins are entered in the
ledger—there is no entry of 8l. 11s. on February 14, in Simpkin's account—there is an entry of 8l. 11s. without a date, in February—there is an entry of January under it—in the prisoner's writing.
Cross-examined. Q. If the prisoner received that 8l. 11s. from Simpkins, would it be his duty to hand it to you? A. No, to Mr. Harrison—if not, it would be his duty to enter it in the cash-book—this is a town account—at the time you are speaking of, it was a country account—at times he would enter that in the cash-book without saying a word to me—I am responsible for what is entered in the cash-book in my writing—Absolem does not enter in the cash-book at all—it was only me and the prisoner who entered in it—if he received a town account, he would enter it in the cash-book—I swear that he has half a dozen times—the prisoner has perhaps a dozen accounts a month to receive—I do not receive town accounts—I have not had money in my hands that I have not entered.
COURT to EDWARD HARRISON. Q. When do you settle your account with Simpkins? A. Monthly—Simpkin's account was not entered in the ledger till I caused it to be entered—this cash-book shows the accounts of the previous month.
COURT to MR. WISE. Q. How does the 8l. 11s. appear in the ledger? A. It is in the prisoner's writing.
COURT to EDWARD HARRISON. Q. If the prisoner received any money for you, what would he do with it? A. He would bring the cash-book with the entry of it, and I would initial the receipt of the money the same day, and he would transfer it into the ledger—that 8l. 11s. is a different transaction altogether.
JURY. Q. Would not the debit side of the ledger show there was a previous transaction? A. Yes.
NOT GUILTY .
OLD COURT.—Saturday, April 14th, 1866.
Before Mr. Common Serjeant
MR. DALEY conducted the Prosecution, and MR. COLLINS the Defence
EMILE THIELE . I am a bullion merchant of 83, Minories—the prisoners are strangers to me—on 26th March, about 3 o'clock, they came and offered three silver watches, and a gold chain for sale—I tested the chain with aquafortis, and found it was gold—I only offered them 10s. for it, though it was worth 20s. as their behaviour looked so suspicious—I told them they had better take the watches to a jeweller, as I only bought the cases—they said, "Never mind the chain, we have a lot of chains and jewellery, will you buy about 100l. worth?"—Alderman took me on one side, and said, "We very often have lots of gold and silver, but you must not mind where we get them from; you must melt them down directly"—Priestley heard that—I answered, "Bring them here, I shall buy them"—my clerk was present, and heard it—while I was testing the chain, Priestley said, "Will you allow me your bottle of aquafortis, I want to try a ring"—I lent it to him, and saw him handle the bottle, but did not see what he was doing—after I weighed the chain, he put the bottle on the counter again—they left, saying that they would come back—they returned in about an hour—I was alone—Priestley said, "We have brought the jewellery we talked about before," and put on the counter a brown paper parcel, containing fourteen
or fifteen chains which he said were gold, and three watches—I had given notice to a policeman who was watching outside—my clerk wanted to come in, but they said, "Send the man out, we had better be alone"—I took the watches—they said, "Never mind the watches, take the gold chains first"—I believed they were gold, and should have bought them for gold, because my aquafortis was spoiled—I afterwards found that the bottle had been filled up with water—there were two parts more in the bottle than when I had last used it—they had diluted it—these are the chains.
Cross-examined by MR. COLLINS. Q. When did you find out that they were not gold? A. At the police court—I only tested the first chain offered me—here are thirty or forty here; I have not tested one of them—I supposed they were stolen, and should not have bought them, even supposing they were the purest gold—I would have nothing to do with the prisoners—I laid a trap for them—I had no intention whatever of buying any of these things—after the prisoners went out at 12 o'clock, the aquafortis bottle was on the shelf—this is it (produced)—it is in the same state as I found it—I went to the Mansion House, and left the bottle there—my clerk was in the shop, nobody else—I saw the bottle about 12 next day.
MR. DALY. Q. When you got to the station, did you hear them state anything about the chains being gold? A. They produced invoices, and said that they were not gold, they were only plated—I found out at the station that they were spurious.
ADOLPHUS FISHER . I am clerk to Mr. Thiele—I remember the prisoners coming to the station—they said that they had some gold chains and jewellery—I was only there the first time they came—while Mr. Thiele weighed the chain, Alderman took me aside, showed me another chain, and asked me if it was silver—I said that I did not think it was—he turned me round, so that I had my back to the aquafortis bottle—I went to take the stone to test the silver chain, and saw Priestley handling the aquafortis bottle—I was afterwards sent for a policeman—I remember the police coming in, when the prisoners were there the second time—I was not in the shop all the time, but I went in when the police took them to the station—Mr. Thiele went with them—on the Tuesday morning, I went to test something, and found water in the aquafortis bottle.
GEORGE BARNES (City Policeman, 578). I was called to the shop, and saw the prisoners in front of the bar with these chains (produced) before them in paper—I stood and looked at them about two minutes without saying a word—Priestley pulled out some imitation silver watches, and then pulled out these things—I asked him where he got one of the chains—he said that he got the gold chains at an auction in Gracechurch-street, which I found was true—he then pulled out these invoices, one of which related to chains and watches, and the other to hams and cheeses—Priestley said at the station, in Alderman's presence, that the chains were plated.
MR. COLLINS submitted, first, that the falsity of the pretence had not been shown, as the prosecutor had never tested the chains, and there was not the slightest proof tlud they did not contain gold (See Reg v. Lee, 8 Cox's Criminal Cases, p. 233), and that there was no Count for conspiracy. Secondly, that there could be no attempt to obtain money, because the prosecutor had made up his mind not to buy any of the articles, and the act of the prisoners could therefore never have resulted in the obtaining any money.
MR. COLLINS to EMILE THIELE. Q. Have you looked over the whole of these chains? A. No—I have dealt in gold and silver several years—gold chains are so much gold and so much brass; but every chain which is
plated outside is invariably called a gold chain—there are ten carat gold chains and six carat, but not one carat—I have not tested them, and cannot say that there is not a particle of gold in them.
COURT. Q. A gold chain may consist of the larger portion of base metal; it is an amalgam of metals; but a plated chain consists of a baser material, and a surface of gold, either put on by electrotype, or by the old process. Is that so? A. Yes.
MR. COLLINS. Q. You are not a jeweller? A. No; but I am a bullion dealer, and understand it better than the jeweller.
THE COURT left it to the Jury to say whether the false pretences were made out, the prisoners having admitted that the chains were not gold, and produced the invoices to prove it, and if they now stated that the chains were gold, they could prove it by calling a jeweller, and there would be an end of the case.
PRIESTLEY— GUILTY .**— Confined Nine Months
ALDERMAN— GUILTY .—Recommended to mercy by the prosecutor.— Confined Six Months .
NEW COURT.—Saturday, April 14th, 1866.
Before Robert Malcolm Kerr, Esq.
MR. KEMP conducted the Prosecution.
JOHN CORNE . I live at 5, Great Earl-street, Seven Dials—the prisoner is my brother-in-law, my youngest sister's husband—on 15th March, between 9 and 10 in the evening, I went to a public-house at the corner of St. Martin's-lane, with my wife, to have half a quartern of gin between us—having had that I came out—the prisoner was outside—he said something to me about a sixpence—I was walking away when he struck me with some sharp instrument on my lips—I was not quarrelling with my wife—I had no words with her—the prisoner did something to me, I cannot say what, and directly it was done I fell down weltering in blood—some bystanders and my wife saw the prisoner run away—I am sure it was he who struck me.
Prisoner. It was done when we fell down; we both fell together.
Witness. We did not fall down together—I had not been drinking.
COURT. You say you had no words with your wife. In your evidence before the Magistrate you say, "After drinking something there I left, and then had some words with my wife." You were evidently drunk.
MARTHA CORNE . I am the wife of the last witness—on 13th March, when we came out of the public-house, the prisoner was outside—I saw him strike my husband with a sharp instrument, there was something in his hand—I saw a blade, but could not see the handle—the prisoner did not fell down—he ran away directly—my husband fell with the force of the blow.
COURT. Q. Did you see your husband strike him? A. No—I did not see him raise his arm.
CORNELIUS THOMAS (Policeman, F 149). Upon the evening of 15th March, I was in St. Martin's-lane, and saw the prisoner running away—I did not see any blow struck—I was round on the other side of the house—I followed the prisoner up St. Martin's-lane, through a court, and into the Green Man public-house in New-street—I stopped him there, and took him to where the man was lying on his back—the woman cried, "Murder!" when I took him back—a respectably-dressed young man and woman were
there, whose address I could not get—they said they saw it done—the wife in the prisoner's hearing said that he had had a knife in his hand—the prisoner made no reply—the prosecutor's mouth was full of blood—I did not search the prisoner then—I saw him searched—I found this knife upon him (produced).
Prisoner. Q. Did not I take that knife out of my pocket? A. On my searching you, you did.
Prisoner. I said I have not done anything that I know of; I am always obliged to carry the knife.
JURY. Q. Is there any stain on the knife? A. No.
JAMES GROSVENOR MACKINLAY . I am the resident medical officer at Charing Cross Hospital—Corne was brought there on the night of 15th March—he had a wound on his upper lip, such as might have been made by this knife—it was not caused by falling against a post—if caused by falling against anything, it must have been very sharp—it could not have been caused by a blow with a fist.
Prisoner. He struck me, and I struck him; it was fairly done when we fell down.
NOT GUILTY .
405. ELIZA CONNELL (19) , Wilful and corrupt perjury before John Smith Mansfield, Esq. at the Marylebone Police Court, on 29th March, in charging James Thomas Hall with an attempt to commit a rape upon her on that day. MR. COLLINS conducted the Prosecution.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
WILLIAM VAUGHAN (Policeman, K 17). On the evening of 9th March, I was on duty in plain clothes, and saw the prisoners at the corner of East-street, Barking—I had been watching them—Smith was taken in custody by another constable, and I took Gates—I told him I should charge him with being concerned with Smith in passing bad money—he was very violent, and threw me down—I searched him at the station—while doing so, he put his hand to his boot and put something to his mouth, which I found was a bad florin—I picked up another bad florin from the floor—I also found on him two penny loaves, four screws of tobacco, some black tissue paper, and other things, and one shilling and two sixpences, all good money—I received the florin from Ellen Sidell, and this other (produced) from Clarenbold.
THOMAS CLARENBOLD . I am a baker, of East-street, Barking—on 9th March, Smith came about half-past 7 in the evening for two penny loaves—he gave me a florin, and I gave him 1s. 10d. change—in consequence of what I heard, I examined it, and gave it to the constable Vaughan.
ELIZA TUNBRIDGE . My husband keeps a general shop in East-street, Barking—on 9th March, Smith came there for a ¼; lb. of Dutch cheese—he tendered a florin—I gave him 1s. 10d.—a policeman passed by, and I asked him if it was a good florin—he said it was not—I gave it to him.
gave me a florin, which I showed to my brother, who said it was bad—I gave it to a constable, and the prisoners were taken into custody.
JOSHUA HAINES (Policeman, K 306). On the evening of 9th March, I was on duty in East-street, Barking—Eliza Tunbridge gave me a bad florin—I took Smith into custody—he was searched, and 2s. 6d. in silver, and 3¾ d. in copper, good money, was found an him, but no. cheese.
Gates' Defence. I came to London to seek employment as a carpenter, and went to the Australian coffee-house, where I met Smith. I did not know he had any bad money.
NOT GUILTY .
Before Mr. Common Serjeant.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. RIBTON conducted the Prosecution, and MR. WILLIAMS the Defence.
FRANCIS HENRY LAYLAND . I am a commission-agent and merchant, of 38, Basinghall-street—on 18th January, the prisoner came, and said, "I have sold twenty-four pounds of cigars, the same as I had a sample of; will you let me take them with me?"—I said, "No, not unless you pay for them at the time you take them away"—my father was present—the conversation was with him, but we both said that—the prisoner then asked to have a 6-lb. box to take with him—we said, "No, we will not trust you on any account whatever"—he then asked to have them sent down to his house at Deptford, which we agreed to do, on condition that he paid the money for them, or returned the goods by the boy—he left, and twenty-four pounds of cigars were sent by the boy about 5 o'clock to the prisoner's house, Douglas-street, Deptford—the boy came to the office at 9 the next morning without the cigars or the money.
Cross-examined. Q. Were you in business for yourself at this time? A. Yes—I cannot remember whether my name was up at that time—my father's name was up—he has been in business some time—he has had several transactions with him, I believe—I know a gentleman named Miller—he did not come to our office from the prisoner the next day—I have never seen him with regard to the prisoner; not as to this transaction; only at Greenwich Court, when he came to hear the case—the prisoner has once taken cigars from our place, and gone round with our boy from public-house to public-house to sell them, but I refused to let him do it again—I did not refer Mr. Miller to Mr. Davis, the solicitor for the prosecution.
MR. RIBTON. Q. How long before was that? A. About a fortnight before the last transaction—we refused to let him do it again the last day he came for cigars—that was before he came for the twenty-four pounds.
THOMAS LAYLAND . I have retired from business, and live at 43, Marlborough-road, Dalston—in November or December, I transferred my business to my son, but remained there to assist him—I was at the office on 18th January with him—when the prisoner came and said that he had sold
twenty-four boxes of cigars, the same as he had had before, and wished to take a portion of them with him, I distinctly said we could not part with the goods without the money, and that we never did so without cash—he asked if we doubted him—I told him I did doubt him—he then requested to have six pounds only to take with him—I said, "No, I will not do anything of the kind"—I said, I would send them according to his request; but it must be perfectly understood between us that the goods must come back, or the money—he agreed that the goods should come down—we did so—we had had two previous transactions with him, but never parted with the goods without the money—these cigars were given to Gregory, with instructions not to part with them without the money.
Cross-examined. Q. Have you ever said before to-day that you made answer, "I do doubt you?"A. I never was asked the question before—he did not pay for the cigars on this occasion—when he took them from the shop, they told me that the prisoner took them from public-house to public-house selling cigars—I sent the boy home with him two or three times—on one occasion, when he did not pay for the cigars across the counter, he came and said he could sell a lot of cigars, and would we let the boy go with him to Deptford—having my doubts, I would not allow the boy to go, but I went myself—I sent the boy the next time, because I was engaged, but gave him strict instructions not to part with the goods without the money—I have known the prisoner some years—I know Miller; he keeps some refreshment-rooms—I have not dined with him there—I went there to serve a writ on him—the next time I saw the prisoner after 28th January was when I was dining at the Gresham tavern, and, to my great astonishment, he came in and sat right before me—there was a warrant out against him at that time—it was not in my pocket—I cannot say when I applied for the warrant—it was not the day after the robbery—my son went down to Deptford on that day, and I believe he saw the prisoner—I had nothing to do with the warrant—my son took it in hand—I do not know what day it was applied for—I did not have a cigar with the prisoner when he sat down with me at the Gresham dining-rooms, but I went into a cigar-shop next door to get out of his way, as I did not want to be seen with him—he followed me—I certainly lit a cigar—I could not go into the shop without—I stopped there a long time, and begged him to go away, as I did not want to be seen with him in the streets, knowing there was a warrant out against him—Mr. Miller came to me and had some conversation with me about this matter—I do not know whether it was the next day; he came many times—I did not refer the prisoner to my solicitor, but I would not have anything to do with it without my solicitor—I have been importuned by the prisoner's wife and brothers and a great many people to settle the matter.
MR. RIBTON. Q. How many transactions had you before this with the prisoner? A. Two—I went with him to Deptford another day with goods, and saw them sold at a higher price than he had to give me—he handed me a cheque, and I gave him the difference for it—on the second occasion I was not able to go—I sent the boy, who brought me back the money the next morning—I know Mr. Miller, unfortunately—I have lost very large sums of money by him—I have known him seven or eight years.
CHARLES JOHN GREGORY . I was in Mr. Layland's service in January—I received twenty-four pounds of cigars from him on 18th January—he told me to take them to the prisoner's, at Deptford, and not to leave them without the money—I had seen the prisoner at the shop—I took him four boxes of 6lbs. each—I did not go down with him—I got to Deptford about half-past
6, and went to his house—I saw him—he told me to come in because he had got a friend there—I waited about a quarter of an hour there—he came down and took twelve pounds of cigars from me, and told me to come with him—we went to a public-house in Deptford, where we sold the twelve pounds of cigars at 6s. 6d. a pound—the money was paid to him—we then went to a plumber's shop, and he sold a 6-lb. box there for seven shillings—he was paid for it—we then went to a public-house in Douglas-street—he left the remaining six pounds there, but no price was agreed on, and no money paid—he left them there because he could not sell them—I could not hear the conversation that passed between them—I asked him for the money for the cigars—I was to go to London, and he would pay Mr. Layland in the morning—I asked him to let me have the remaining six pounds to take back to London—he said he should not give them to me—I left him about half-past 11, without the cigars or the money—I got home about half-past 12—I did not go to Mr. Layland's till the next morning.
Cross-examined. Q. Did he carry twelve pounds and you twelve pounds? A. Yes—it was after he sold them that I told him I had instructions not to leave them without the money.
JOHN TICKEL (Policeman, R 85). On 26th January I received the warrant to apprehend the prisoner—I looked out for him, but could not find him—I went to his house at Deptford four or five times—I took him on 13th January, at 202, High-street, Borough—he said, "You want me about those cigars, I suppose?"—I said, "Yes"—he said, "It is all right; Mr. Miller has gone over the water to settle for them"—I said, "You must go with me to Greenwich"—he was taken before Mr. Traill—there were two or three remands—he was bailed, and then absconded—a second warrant was then issued against him, upon which I took him the next day.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. CUNNINGHAM conducted the Prosecution, and MR. WILLIAMS the Defence
WILLIAM EDWARDS (Policeman, R 220). On the morning of 23d March, about five o'clock, I saw Parfrey in Church-street, carrying a bag on his shoulder—I stopped him and asked him what he had got there—he said, "Flour"—I said, "Where did you get it from?"—he said, "From Mr. Callers, in Bridge-street"—I said, "How is it you are out so soon in the morning?"—he said, "Some flour was required to be brought in early"—believing his statement I let him go—on the following morning I saw him at four o'clock, going up Wellington-street in the direction of the prosecutor's house—I followed him—I saw him go to Mr. Parsons, and knock at the cellar flap with his foot—the cellar flap was opened, a man then came into the street, and it was shut as soon as the man had passed by—it was opened again, and a bag was passed out; Parfrey picked it up and put it on his shoulder—I went up to him immediately, and found the same sack on his shoulder; it is not here—I asked him what he had got there—he said, "Flour"—I said, "Where did you get it from?"—he said, "From Mr. Callers, in Bridge-street"—I said, "It has just been passed up through the cellar flap of Mr. Parsons'"—he said he was ordered to go there by Mr. Steward—I said, "Who is Mr. Steward?"—he said, "He works there at Mr. Parsons'"—I said, "You must go with me to the police-station"—he
said, "Do let me go this once, Mr. Steward will give you four or five shillings to morrow"—I said, "No, you must go with me to the station"—I took him to the station, left him there, and went back to Mr. Parsons' and saw him—in consequence of what I told him Steward was given into my custody for stealing flour and dough—he said he had not taken any flour.
Cross-examined. Q. What time was this? A. About four o'clock in the morning—it was a very light morning; had it not been light I could have seen as there was a lamp near the cellar flap, about twenty-three yards off—the trap door was raised twice—from where I stood I was unable to discern the person underneath the flap who raised it—I gave the sack to Mr. Parsons—Parfrey was twenty-three yards from the place where I stood—I did not take him straight to the station; I took him round another way; down one street and up the next, so as not to go past Mr. Parsons' again—the putting the bag up, and the rest of it, occupied about four minutes—I did not go up to Parfrey directly he took the bag from the cellar flap, because I should then have lost Steward, he would have got away—I did not know that the only exit from the bakehouse was from the cellar by the flap, I do know now—Parfrey saw I was a police-constable—I was in uniform—I went back to take Steward at a quarter-past four; he was at his work.
JAMES PARSONS . I am a baker, of Wellington-street, Deptford—Steward was in my employment about six weeks—I always examined my accounts of flour once a week—on the night before this Steward came in—it was about half-past twelve on Saturday morning—the premises were secured on Friday night—I locked and bolted the front door and another door that leads from the front room into the passage, and two other doors—there is no mode of ingress or egress into the bakehouse, except by the flap—no one was working in the bakehouse except Steward—it is a part of his duty to call me in the morning—he called me on that morning at a little past four—I didn't get up then—he called again in about a quarter of an hour, and I then got up directly, and went down into the bakehouse to work—I had not been down more than ten minutes when the policeman came and told me what had occurred, but not in Steward's presence—the sack is not here, because I have baked the flour and dough—the bag I sent back to Mrs. Steward; it belonged to her—the value of the flour and dough was about seven shillings.
Cross-examined. Q. When Steward was locked in the bakehouse he had no means of getting out of the bakehouse except through the cellar flap into the street, is that so? A. Yes—the flap was fastened inside so that the person inside could open it—I have been examined before the Magistrate—I said he could not get out of the bakehouse except by the cellar flap, which was left unfastened in case of accident, so that he could get into the street—we sometimes commence work at two o'clock in the morning; it depends upon the work—Mr. Chapple is my attorney in this matter—he represents himself to be an attorney—I went to him—I was recommended to go to him. STEWARD received a good character. GUILTY .— Confined Twelve Months . PARFREY, GUILTY.—Strongly recommended to mercy by the Jury on account of his youth .— Judgment Respited .
minutes to three in the afternoon I was standing at a sarsaparilla stall when I heard something like the striking of a watch at my watch chain—I turned round and perceived my watch in the prisoner's hand—I caught him by the collar and accused him of stealing my watch—he said he had not got it—I said, "You have"—I tried to take it with my left hand from his right when he dropped it against his right foot—I still held his collar by my right hand and picked it up with my left; then I called out "Police!" and we had a desperate struggle, but I maintained my hold of him till I handed him over to R 204—that is my watch (produced)—the swivel of the guard broke, which has separated the watch from the chain.
GUILTY .—He was further charged with having been convicted in March, 1862, to which he PLEADED GUILTY.— Seven Years' Penal Servitude .
AMELIA CALVERT . I am single, and am servant to Miss Bernard, of Blackheath—on Monday, March 19th, I and my fellow servant went to bed at about a quarter to eleven, after we had locked the house up—we fastened the windows and the doors—at about half-past seven next morning we came down and found the house in great confusion—the window in the the room leading to the drawing room was partly open—that window looks into the back garden—the shutter was partly down—I am sure it had been fastened the night before, but I am not sure as to the window—the door leading from that room into the garden was wide open—some missionary boxes had been broken open and the money taken away—I missed some silver teaspoons of my mistress's property, and marked, "R. G. S."—these are them (produced)—I had seen them safe on the shelf the night before—several of the young ladies boxes were broken open—I know the spoons, I have cleaned them.
MARY ANN BISHOP . I am a widow, and live at Wilcox-place, Deptford—the prisoner is my son—he lived with me on account of ill-health—on Saturday morning, 24th March, I left him taking breakfast at about twenty minutes to eight—I live in apartments—no one occupies the room but my-self—I returned home about twenty minutes to nine that night—the policeman Membery followed me in—directly before I got a light I heard from him that my son was in custody—the constable searched the room in my presence—I saw the things found—I missed a screwdriver like this before this night, but I cannot swear to this—it is something like this—I had mine shortly before the night the policeman came.
GEORGE MEMBERY (Policeman, R 10). On Friday, 23d March, from some information I received I went to Mr. Martin's—he is not here—I had information that the prisoner had offered him part of a silver spoon for sale—the prisoner was not there—the prisoner brought a part the following day—I spoke to him—the other constable took him in custody and searched him—he refused his address—I then found his mother's address—I made inquiries and went to her—she was not at home; I waited till she came
home—I then followed her up stairs, and on the mantelpiece of the back room I found the bowls of four silver spoons—on further search I found under the fender the handles of three silver spoons (produced)—they are marked "R. G. S."—I found in the table this sling used as a life preserver, loaded inside—in a little drawer in the table I found these tins—metal has been melted in them, as is supposed—there is a little metal in them.
EDWARD OVENGDEN . I am a watchmaker—on 23d March, between six and seven in the evening, the prisoner brought me this part of a silver spoon (produced)—he asked me whether it was silver—it was between lights and I said I doubted it—I tried it and found it was silver—he asked me if I would purchase it—I asked him whether it was his own, and where he got it from—he said he had found it among the dust—I gave him 1s. 2d. for it—the constable came on the next morning and I gave it up.
JOHN KAY (Policeman, R 178). I received this bowl from Ovengden—I apprehended the prisoner the same afternoon—I told him I wished him to go with me to Mr. Morton's—Mr. Morton recognised him as the man who had brought him part of a silver spoon for sale—I then said, "It is for that spoon I want you; I want to know where it is?"—with a little trouble I found he had sold it to Mr. Ovengden—I then took him to the station and charged him with having such a thing in his possession without giving a satisfactory account of it.
GUILTY .— Confined Twelve Months
Before Mr. Justice Smith.
412. VINCENT JANKOWSKI (38) , Feloniously having in his possession 1, 000 pieces of paper, on each of which was printed, without the authority of the Empire of Russia, parts of an undertaking for the payment of 25 roubles.
MR. SERJEANT BALLANTINE and MR. H. GIFFORD, Q. C. conducted the Prosecution, and MR. KENNEALEY, LL. D. the defence.
PHINEAS KOCHE . My real name is Kochkowski—I am a commission agent, and have known the prisoner eight or ten years—I saw him five years ago—he came to me four weeks before Christmas—I have received a letter from, and I wrote him a letter, after which he came—this is the note I received by post—I learned from him that he had sent it—I said, "You say in your letter you have some great business with me, I wish to know what business it is"—(Translating"Dear Brother—I have very important business with you; be so kind as to let me know which day; I am engaged till 8 o'clock in the evening, therefore, perhaps, it may be convenient for you to appoint a time. My best wishes—Yours, Vincent Jankowski."—I wrote him an answer—he is a Pole, as I am—it was at my house, 79, St. Paul's-road, he came to see me—I asked him what business he had for me?—he said, "Well, you will think it very strange I have come to you on such a business as this, but at the same time it is nothing serious"—I asked him what business he had with me—after a short time he told me he had some Polish bonds and Russian bank-notes to dispose of—I said, "What are they?"—he said they were siezed at the Polish rebellion—I asked him what the price would be for them—he said, "Well, it is no use to say anything until I bring you a sample," and promised to call in three days with it—after three days he came to my house and showed me six 25-rouble notes,
and gave them me as a sample—I said, "I cannot say anything until I make inquiries what they are"—I told him to call in two days, and I would let him know—I asked him the price of the Russian notes—he said, "8s. a piece,"—he left them with me—a rouble is about half-a-crown, or.2s. 9d. in English money—I made inquiries—he came to me again, and I told him they were not genuine—I said, "Have you heard of the last affair which happened lately?" because this was on the 18th, when some people were convicted here—I had the papers in my hand—I said, "It is a dangerous thing"—he said, "No matter; it is no sin with the Russian Government, because they have robbed and killed their countrymen, besides, I am getting old, and have a large family to support, and you can make a nice little money and start in business"—after more persuasion I said I would see what I could do.
COURT. Q. Did you say it was dangerous? A. Yes; having read the account of those people who have been convicted: he said, "No matter; there is no sin against the Russian Government"—I said, "Have you heard what has happened?"—I gave him the paper to read it at home.
MR. GIFFORD. Q. What more passed? A. I said the price would be too high—he said, "There is so much labour in them, they must pass through fourteen processes, and if I gave him a large order the most he could execute every week would be 150,"—he showed the water-mark, the water-lilies, and flowers in them—they are printed in different colours—I told him that some of them looked a little light, and others a little more prominent—he said, "They are the best you ever saw, if you look over the good ones they are just the same, they are always made darker or lighter "—he said he wanted money very badly, as he had laid out 40l. in these machines and implements—he showed me two little books, in one of which was 2l. in another 20l. and said he had money to pay every week, and there was another one to keep besides, and if I only could get him money to repay that, he was going to remove and keep another place for working—I believe he lived in Charlwood street then—he only told me his place where he worked—I always went to the back entrance—he said if I could only get him 5l. or 10l. to pay what he owed for rent he could take a large place and make up a stock, and put it away in case of a large order, and then "I shall only have to work a few months and put them away again"—I said I should try the best I could for him, and if he would call in two days I would let him know the result—he came in the course of a few days and brought me two packets, each containing sixty 25-rouble Russian notes—I kept the packets for a week, but could not sell them—he took them back—he came to me every two or three days to know whether I had been able to dispose of them, and pressed me hard to get him some money—he said, "I must have some"—I said, "I cannot do impossibilities, I cannot sell them: I shall try again"—I saw him several times, and at last got six notes from him, two of which I gave to a man named Felsenhardt—these are all the notes I had—I had them all through as samples—I gave two notes to Felsenhardt about a week before my arrest, I believe—I saw the prisoner three days afterwards—he came occasionally in the evening and in the morning—I said, "I have some news for you, I have a letter received from Felsenhardt that he is going to buy forty-eight for 20l."—I showed the letter to the prisoner—I have lost it, I believe—he said, "Very well"—that was not the prisoner's order, because Felsenhardt wrote me two letters—after the second letter I went to the prisoner, and told him I wanted forty-eight notes for a man who was going to buy them, and was going to meet me in Westminster-road—he said, "I can't give them to you
now, but I will call at your place in the evening,"—he said he would bring me the notes in the evening, or else he would walk up and down Lorrimersquare—that is close to my house—I went to meet Felsenhardt, and he told me he should not be able to take 20l. worth, he would take 10l. worth—I went home, called at my place, and afterwards went to Lorrimer-square, and told the prisoner that the man was only going to take 10l. worth—he pulled out a bundle of notes from his sleeve, and was going to count me out twenty-four for 10l.—I said, "The man has no time, be quick! give me the notes and I will bring you back the money or the notes; there is no time to count, the man does not want to wait, he is in a hurry,"—as I was going along counting twenty-four I was arrested and taken to the station—I left the prisoner in Lorrimer square—I was arrested about 100 yards from Lorrimer-square—the prisoner was brought to the station about an hour and a half afterwards—when he came in he said in Polish, "For God's sake, I have some papers in my pocket"—Inspector Thompson asked me in English what I was saying to him—I said, "He has told me he has some papers in his pocket,"—the prisoner and I were put in cells next each other—we were near enough to enable us to talk—there are little holes and openings—I was in great distress, and he said, "Koche, we had better hang ourselves"—I said, "I won't do that; I have a family to bring up"—he said, "You had better say you received them from Felsenhardt,"—Felsenhardt had not been taken into custody then—I said, "I won't do that, because I have stated the truth already"—on the second occasion, we were in the cells again, he told me he was sure to get free, and if he came out he would provide for my wife and children, and after I came out, if I would be convicted, he would make me a well-off man—that was all that passed, but in goal he always cautioned me not to say anything, because I should spoil my name—in the yard, when walking round, he always made signs with his fingers not to say a word, but he said something in Polish—he can speak English—I have known him eight or ten years in this country.
Cross-examined. Q. Is this the first time you have been engaged in uttering notes? A. Yes; when he first came he said he wanted to talk to me about some Russian or Polish bonds or bank-notes—the conversation was chiefly directed to the Russian notes, because I said I could not do much with them—he did not begin the conversation by alluding to the Polish bonds—he said, "I have some Polish bonds and Russian notes,"—he said that the Polish bonds were issued, and afterwards, when I could not sell any notes for him, he suggested to write a letter to Zaba, an order to pay him 40l. and that he should get 10l. from his friend, and would give me half—the bonds were not referred to on any occasion when we met—I had informed him that I had been disposing of Polish bonds—I did so four or five days before my arrest—I had told him so long ago.
Q. What made you say it was four or five days before your arrest? A. Four or five days before my arrest, when I had not got him any money, he suggested to give an order to Mr. Zaba for them—I had told him five days before that I was engaged in disposing of Polish bonds—he knew it, because he had seen my Polish letter—I told him at our first interview that I had been disposing of Polish bonds for Mr. Zaba—we had a good many conversations about Polish bonds before our first interview I have spoken of to-day—I did not trouble him about them; he troubled me—I have met him three or four times and talked about Polish bonds—he did not come and tell me he had some Polish bonds to dispose of—he said he had a friend who had some—I had been selling Polish bonds for Mr. Zaba, and was allowed a
commission on them, but I did not get paid—I did not sell any for Mr. Zaba, but I brought him customers—he sold about 30, 000 roubles' worth of bonds—I then complained that I had not got my commission—I do not know whether these bonds came from Paris—I have been selling them, but am sure I do not know, I would tell everything if I did—no commission was agreed on between us as to what I was to get; but he said if he got half of the 40l. which Zaba was going to give, he would pay me part of it—I did not know whether I was to get a fourth of the commission, but a part of the proceeds—it was not a commission on the sale—Zaba was to pay 40l. Commission—he was to have half; I, a portion of his half—he did not show me any of these Polish bonds, because I did not care much for them—I knew they were unsaleable, but I was willing enough to deal in them with Mr. Zaba, because a man asked once for them—I mean to say that after the first interview they were not referred to till five or six days before my arrest, because when I had not got him any money he suggested these things—I did not see the bonds then—I gave two of the 6-rouble notes to Felsenhardt, and I had sent others home to Poland before—I was asked before the Magistrate who I sent them to—I declined to answer—I still decline to answer—I tried to sell the 120 that he gave me in two packets to different people—I do not think I am compelled to say who—if you wish to know I will tell you—I did not refuse to tell before. (THE COURT considered that the witness ought not to be made to implicate other persons who were not present). Nobody was present when I got these notes from the prisoner, nor at the various conversations—the prisoner usually called on me between 8 and 9, but on one or two occasions he came very late in the evening, and very early in the morning—he told me he was engaged very early and late—I always sent my wife out of the room when he came, because he did not want her to be there when I was talking to him—she could not understand Polish—we always talked Polish, but still he did not want her to be present, as she might understand us—when he produced the notes I did not at once know that they were not genuine, but something struck me—I could not make out why he came to me with notes and bonds on the same occasion, and some friends of mine told me they were forged—I did not know it when he said that they were only 8s. a-piece, I thought they were just like the Polish bonds—I have known Felsenhardt two or three years, ever since I met him in Leadenhall-street, and proposed this business to him—I have known him two or three years ago, but I have not spoken to him hardly a dozen words—I knew six or eight weeks before my arrest that he dealt in forged notes—I first had an interview with him about forged notes a fortnight before my arrest, after I had these from the prisoner—I said I had a friend who had forged notes to dispose of, and I should be very glad to deal with him—he said he would get me a customer who would buy 800l. or 1,000l. worth—I met him once or twice between then and my arrest—it was only twice, once was at Gatti's and once at the Post-office—a third time when he came to fetch the notes—I believe he called at my house once—it was the second time I met him at Gatti's—I did not know his house—I last saw the order from Felsenhardt for the notes on the day I was arrested—the order was taken from me by Thompson—it specified what quantity of notes he was going to take from me; 20l. worth—that represented forty-eight notes—I got that order on the evening of the day before my arrest—I went to him in the morning with it at Messrs. Palmer and Cotterell's—I did not see him from the time he sent me the order till the evening at 6 o'clock—that was after I saw the prisoner—I had seen the prisoner in the morning
—I did not see him in the evening—I did see him on the evening I was arrested—I had the order in the evening—the next morning I proceeded to the prisoner and told him I had an order for forty-eight—he said he would meet me in Lorrimer-square—I saw Felsenhardt at 6 o'clock—the prisoner could not be there then because he was at work, but I had seen him in the morning—he said he would come and bring the notes in the evening, and then Felsenhardt went part of the way with me—as I was going along with Felsenhardt counting the notes I was arrested—I had communicated to the prisoner that I was connected with Felsenhardt, but I did not tell him the name—I said that I was in communication with a friend—I was first charged before the Justices with being in possession of the notes—I was brought up a good many times—they withdrew the charge against me for some reason that I do not understand—it was not on condition that I would swear against the prisoner—I gave evidence against him on the same day that I was discharged—Mr. Wontner, my lawyer, informed me how that came to pass—he told me to tell him all the particulars how it happened, and to sign some paper—I do not know what that paper was—I read it—it was a statement—that was on the same day that I was called as a witness against the prisoner—I was called immediately after I signed it—but I was put in the dock first, and then was discharged and called as a witness.
MR. SERJEANT BALLANTINE. Q. Is Mr. Wontner the solicitor you employed? A. Yes; until he desired me to make the statement I was not aware that I was to be called as a witness—he desired me to tell him all the particulars, and what I knew about the notes—I had before that told the circumstances to Thompson, when I was before the Magistrate on the first occasion—I disclosed the whole matter.
ELLEN CHADLEY . I was servant to Koche form about two months before he was taken into custody—he is married, and lived with his wife at 97, St. Paul's-road, Lorrimore-square—I have only seen the prisoner since about three weeks before my master was taken into custody—he came several times during three weeks, generally between 6 and 7 in the evening, except twice, which was very early in the morning—Mrs. Koche remained in the room sometimes, at others she did not—sometimes the prisoner would remain an hour, sometimes a little over, at others not so long—he came once in the morning—that was not very long before my master was taken, from a week to a fortnight I should say—it was between 6 and 7 o'clock—my master was in bed.
ISIDORE FELSENHARDT . I am a commission agent—I have known Koche two or three years—I have read the trial of the Russian forgeries at this Court—I saw Koche in the early part of February, and had communications with him from time to time—I wrote to him once—I recognise one of these two Russian notes—I saw him on a Monday, and received them from him on the following Thursday—that was early in February—I showed them to Inspector Thompson, and gave them to him—I acted under his instructions—I received no other note from Koche—he was going to give me some, but I did not receive any.
Cross-examined. Q. How long have you been acting under Thompson's instructions? A. Since I saw Koche the second time—I had known Thompson six months—I do not know what acting as a decoy is—I have been acting for the police since I received those two notes—I never did so before—that was my first transaction, and I hope it will be my last—I saw Thompson first, and told him that Koche was going to bring me some notes—I told Thompson the place where we were to meet, but I said nothing about
✗eeting under a gas-lamp—I did not take Koche under a gas-lamp; he took me there to show me the notes—I do not know how much I was to get, and I decline to say how much I did get—I got altogether I suppose, about 50l.
JAMES THOMPSON (Police-inspector). I am a detective officer—on 22d February, about 6 p.m., in consequence of an arrangement I had made with Felsenhardt, I was with Sergeant Druscovitch, in Westminster-bridge-road—I saw Koche and Felsenhardt together, and followed them to the Horns public-house, Kennington-park—they remained half an hour, and then went to the corner of St. Paul's-road, Kennington, where Koche left Felsenhardt, and returned in about a quarter of an hour, and they both went hurriedly into an adjoining street near a lamp—I saw Koche counting some papers, and showing them to Felsenhardt—I went up and took Koche by the collar—he threw a bundle of papers on the ground, which I directed Druscovitch to pick up—they were handed to me—these are them (produced)—I counted them—there were forty-six—I had some conversation with Koche, and he made a communication to me, in consequence of which I went to Lorrimer-square, and found the prisoner there walking to and fro, on the north side—I went up to him, and said, "Have you seen a young Polish gentleman here lately?"—he replied, "No, I have not"—I said, "You know who I mean, Mr. Koche "—he said, "I do not know anybody of that name"—I said, "Well, he was here; I am an inspector of police, and I have reason to believe that you and Koche are concerned in a very serious matter; to save trouble, tell me what you are doing here"—he said, "I am here on some private business of my own"—I said, "What business?"—he said, "I decline to tell you"—I said, "What is your name?"—he said, "I shall not tell you"—I said, "Is it Frankofski or Jankefski, or some such Polish name?"—he said, "No, it is not"—I said, "Where do you live?"—he said, "I will not tell you; but I am a designer, and a respectable man, and work for Messrs. Palmer and Cotterell, in the Blackfriars-road"—I again asked him to tell me his name—he said, "It is Vincent"—I took him to the station, into the room in which Koche was sitting—they recognised each other, and nodded—I said to Koche, "Is this the man, who gave you the papers?"—he said, "Yes, it is"—the prisoner made no remark—they spoke together in some language I did not understand, and then Koche said, "He tells me he has some papers about him, which he does not know what to do with"—I then searched the prisoner, and found these two Polish bonds, and these coupons belonging to them; also some elaborate woodcarving (produced)—next day the prisoners were together at the station, and I said to Koche, "You remember the statement you made to me last night, be good enough to repeat that statement to me now, because I am anxious that no mistake should arise respecting it—he said, "I have been dragged into this by poverty, and a man named Vincent Jankowski, I have only been engaged in these transactions about a fortnight; Jankowski came to me, and brought me forged notes, for which I was to find a customer."
MR. KENEALEY. Q. Did you tell him it would be better for him if he made the statement? A. No, he made the statement first—I did say, "It will be better for you to begin at the commencement; I dare say it will be better for you," but it was after he had made the statement.
MR. KENEALEY contended that the statement was inadmissible, because, although it was not made by the prisoner, it affected him, and was obtained from Koche under a promise of advantage, and was therefore likely to be false.
THE COURT considered that that was an observation for the Jury, and declined to exclude the statement; but suggested that the statement being made
in the prisoner's presence, and his making no observation, ought not to weigh against him, as he would not know whether he had better be silent or not.
MR. GIFFARD. Q. Go on. A. "I found a customer, and it was arranged that Jankowski should call at my house and bring notes—I had the customer in attendance, and went to my house and inquired if the prisoner had called—my wife said he had not—I then went to Lorrimer-square, where I saw Jankowski—I told him I had a customer close by, that he would only take 10l. and not 20l. worth of notes—he said he had brought forty-six notes with him, and that I had better take the lot, as he did not like to have any about him—I took all he gave me, and went with them to Felsenhardt—Jankowski was to wait in Lorrimer-square until I came back with the money"—that is all—this was in Janhouski's presence—he made no remark—I do not think Koche said anything more as to whether it was true or not—he said, "That is all I know of the matter, and Jankowski was to give me 2l. for effecting the sale of those notes—Jankowski was present within a yard of him, but made no remark.
Cross-examined. Q. You seem to remember this better to-day than you did before the Justices. A. I am not aware of it—he was to get 2l. for doing this business, selling these notes—I will not swear whether the word notes was used or not—I will not say whether what he said was that he was to get 2l. for selling the papers for Jankowski—I do not know that I have sworn that before—those may be my words—I am not in the employ of the Russian government—I have got nothing extra yet for this transaction—I mean to swear that I am a metropolitan police officer, and get nothing about this case, and never have—I did say, "I have got nothing at present," because I do not know whether the Russian government will make any present hereafter—Felsenhardt has been in my employ since he gave this information—that was a week before the prisoner was taken—Felsenhardt came to me with two forged 5-rouble notes, and I told him that if any man was dealing with notes, if he brought him to any place, I would take him him in custody, and he should be rewarded, but I did not fix any sum—I pay the informers, on behalf of the Russian government, for information they give—I have given Felsenhardt 50l.—I have not promised him more, and I do not think anybody else has—I have not paid anybody else in this case, or made any promise to any of the witnesses—this (produced) is a list of the witnesses—I told them there would be a reward—there is a letter in the hands of the attorney written by Mr. Ziba—it was found on the prisoner—it was when the conversation with the prisoner at Lorrimore-square ceased, that I took him into custody—I was not sure he was the man—I waited until he told me his name was Vincent—I then took him—a man may answer a description, and yet not be the right man—I admit saying to Koche, "It will be better for you to begin at the commencement, and tell me all you know about it, I dare say it will be better for you"—that was in the evening before I went in search of the prisoner—I put that question to him in the morning, that a mistake should not be made by any party, Koche, Jankowski, or myself—I was desirous that he should know exactly how the matter stood—Koche repeated all I have told you to day, more or less.
Q. You say, "I said this because I did not want any mistake to arise, nothing was said about repeating it, Koche said it was quite true, I was only to get 2l. for selling the papers for Jankowski," is that true, or is it false? A. It is not false—if I did not say so before it might have been an omission of mine at the police-court—I omitted other matters there—if it is not in the depositions, it must have been omitted—Mr. Cotterell, the prisoner's
employer, is in this list of witnesses—he was examined before the Magistrate—notice has been served on him to be here—I have also Mr. Fodall's name—he is here—it was about half-past 8 in the evening when I saw the prisoner at Lorrimer-square.
SERJEANT BALLANTINE to ELLEN CHUDLEY. Q. When the prisoner called on your master, for whom did he ask? A. For Mr. Koche.
EUGENE CLIDE . I am in the department of the Bank of Russia, where the bank notes are manufactured—these two notes, which have been talked of as samples, purport to be 25-rouble notes of the Russian government—they are forged—both are from the same plate—their value would be 3l. each—they circulate extensively in Russia—I have gone through the whole of these bundles of notes—they are all forged—they are made from, the same plate—they are very well executed; the best I have seen till now—people are improving very much.
MR. KENEALEY suggested there was no corroboration of the accomplice.
MR. SERJEANT BALLANTINE suggested that the prisoner always asked for Koche in his own name, showing that they were on intimate terms, but did not wish to strain the point against the prisoner. THE COURT considered that there was no sufficient corroboration of the accomplice.
NOT GUILTY .
NOT GUILTY .
Before Mr. Justice Lush.
MR. COOPER conducted the Prosecution, and MR. WOOD the Defence.
, I keep the Alleyne's Head public-house, Dulwich—about 8 or 9 days previous to 14th February, I took the prisoner into my service from a registry office as potboy—on 14th I gave him a holiday—my wife had complained of illness during the day, and she went to bed between 8 and 9, and my son Alfred went to bed about 11 o'clock; I do not know at what time the servant went—I do not know what time the prisoner came home, but I saw him between 6 and 7 in the evening—about twenty minutes to 12, I told the prisoner to go to bed, as I wanted him to assist me in the morning to clean the tap-room—he then went to the kitchen, which is on the ground floor (plan produced)—I went into the parlour and sat with three or four customers till nearly 12 o'clock—they left, and I closed the door just as Norwood clock was striking 12—I locked it, bolted it, and then went into the bar—I got a candle and lit it—I fastened a pair of sliding doors, which prevents any one going into the bar parlour or bar—there is a back door leading into the pothouse yard, but I did not see to that—I unlocked a cupboard on the left side of the bar parlour door, took out the cash box, and put a lot of silver in it—I placed the cash box on a table in the bar parlour, which is under the window opposite the yard—I made a noise in emptying the silver into the box—there was nearly 12l. worth—I then went down the cellar, the key of which is kept in the bar—the cellar door is on the left hand in the passage—I unlocked the door, went down, and turned off the gas—before doing that I looked and saw everything was safe—there are two cellars, one under the bar parlour, and one under the bar—there are four cellars altogether—there is a wine cellar which is always kept locked with a padlock—I examined the cellar flap, which leads into
the street, and that was safely fastened—I then returned up the steps; I had got to the top, and was about to close the door, when some one struck me on the head—my back was towards the kitchen—I put my hand on to my head, and another blow came on my shoulder—I staggered and fell against the wall—I was about turning round, when I received another blow on the front of the head—the candle fell out of my hand at the first blow—the blows came from the direction of the kitchen—I called out "Murder" several times—after the last blow the prisoner ran close by me up the stairs which lead to the bedrooms—he had on a sort of coloured shirt, a light pair of trousers, and no hat—that is all I can recollect—I could see that by the light of a lamp in the yard, which shows through a window at the top of the stairs—there was a rimy frost that night—I then became insensible, and when I came to I found my wife and servant with me, and a surgeon.
Cross-examined. Q. How long after the blows were struck did you become senseless? A. Directly he passed me—I only saw his back, as he went up stairs—the four people that I let out at 12 o'clock were neighbours of mine—my house is used by very few navvies and labourers—I have never said, "I can almost take my solemn oath the prisoner is the man"—I saw an old wine basket at the bottom of the cellar stairs, after I had turned the gas off—there was no axe on it then—I was not half a minute at the gas meter—I have ascertained that my money was all right, and the box was there as I had left it—I had examined the rooms up stairs, and they were all fastened—I think there were two ladders in the pot yard, but no one could ascend them, as they were too perpendicular—I was taken up stairs after I became senseless—I had never had an unpleasant word with the prisoner—I have never said that I knew some one resembling the prisoner in age and height.
MR. COOPER. Q. What was the size of this wine hamper? A. It would hold about two dozen—I had a light in my hand then—no one could have came out of the cellar without my seeing them.
COURT. Q. Had you seen the prisoner that night before you told him to go to bed? A. Yes, he had waited on me in the parlour—I noticed then that he had a light pair of trousers on—he had neither coat nor waistcoat on when he passed me—when I got into the cellar, I went direct to the gas meter—about twenty minutes elapsed from the time I closed the front door to the time I was struck—I had had some beer in from the street about the middle of the day.
ELIZABETH HILL . I am the wife of John Hill—on 14th February I was unwell, and went to bed a little after 8 o'clock—I had a fire in my bed-room—while in bed I distinctly heard my husband cry"Murder!"—I think that was about quarter past 12—I was coughing at the time—I immediately jumped out of bed and ran to the door—on getting to the landing I saw the prisoner coming up stairs—he was on the top step but one—scarcely a moment had elapsed from the time I heard the cry of"Murder!" to the time I saw the prisoner—he was dressed in light trousers, and a dark plaid shirt—he had no waistcoat or coat or shoes on—I said, "Good God, William, what is the matter?"—he said, "Master is murdered; I can't find no matches"—his bedroom was on the same floor as mine; the second floor, but he had to pass down a passage to get to it—there was a light shining through the staircase window—it is impossible for the prisoner to have gone down stairs and returned in so short a time—I am sure he was coming up stairs when I saw him—I did not see a candle in his hand—I begged for a candle, but no one brought it me—the prisoner went to his bedroom—I
went down stairs and found my husband bleeding dreadfully—he was quite alone—shortly afterwards the prisoner, my son, and my servant, all came down, and some one brought a light—they assisted my husband into the bar parlour on to the sofa—I could not get the door open—I asked where the key was, and the prisoner said, "It is in master's trousers pocket"—I found it there—shortly after some people came in, and then the surgeon came—whilst in the bar parlour I commanded a view of the front door, and I am sure no one passed out at that door.
Cross-examined. Q. What were you suffering from? A. A severe cold—I was sitting up in bed, coughing, when I heard the cry of " Murder"—I cannot say how long I had been coughing—I had been asleep—I did not give the prisoner into custody until 8 o'clock the following evening—he went about his business as usual next day.
ALFRED HILL . I am the son of John Hill—I remember the prisoner coming home on 14th February—I last saw him about 20 minutes to 11, when I went to bed—he had his coat on then, and a pair of light plaid trousers—I was called up by my mother, and after she had gone down stairs the prisoner came from his room into hers—he had a reddish coloured shirt on and the same trousers—he got a light—I went downstairs, and he followed me—I found father leaning against the barristers—he was then taken into the bar parlour, and placed on the sofa—I picked up this hatchet (produced)—the handle was leaning against the stairs that led into the kitchen by the cellar door—I took it into the bar-parlour—there was blood on the blade and handle—I heard my mother make some remark about a key, but did not hear the prisoner make any reply—he unlocked the door leading from tho bar-parlour into the bar, and also a little side door leading into the front of the bar—the prisoner unbolted the street door for me, as I could not reach it—Mrs. Davenport came in first—a man named Field looked in, and then went for the doctor—then Mr. Peapell and Mr. Wood came—Mr. Peapell was the last to come in, and then I locked the door—I, Mr. Peapell, and the prisoner, then went and searched the house—to the best of my recollection the shutters in the top room were closed—the cellar door was open—we went down and examined all the cellars, which were all fastened—all the rooms and windows were fastened—we then went into the yard, but could find no traces of footsteps—there were two ladders in the yard, a small one and a big one—they were against the wall, nearly upright—I had seen them before during the day, and they went in the same position.
COURT. Q. Did you search the rooms on the second floor? A. No—the bed rooms that were not occupied were locked.
Cross-examined. Q. How long was it after you got down stairs that the policemen came? A. Soon after, I cannot say how long—they came before the surgeon—they searched the house—the prisoner had the key of the cellar about half-past 9—he went down to fetch the axe to chop wood with—it was part of his duty to do that.
COURT. Q. Did you see him after that? A. Yes—I sent for him to tap some ale, and he said he was going to take the axe back—he did not say he had put the axe in its place—I saw blood upon the wall and upon the floor—I heard my father say in the night, when he was in bed, "It is him, it is him; bring him here"—the axe was kept in the cellar for breaking coal.
MARGARET WENHAM . I am cook to Mr. Hill—on 14th February I went to bed about 20 minutes to 10—my bedroom is opposite Mrs. Hill's—I was awakened by Mrs. Hill, who said there was a fire—the prisoner had his supper beer in the kitchen about half-past 9—he had a coat and a light pair
of trousers on—I had to go down stairs to get some coals for my mistress's fire, and saw the axe lying on the corner of the table by the prisoner's side—he chopped some wood for me—I then went to bed, and saw no more of him until I was awakened by my mistress—I went down stairs, and found Mr. Hill covered with blood—I assisted to get him into the bar-parlour—I heard my mistress ask for the key of the bar, and the prisoner said, "It is in master's pocket," and she found it there—I did not leave the bar until the police had searched the house—no one could have passed out of the house without my seeing them—I sat close to the door of the bar, and could see the people come in at the street door.
Cross-examined. Q. Had you asked the prisoner to chop wood? A. Yes; and he said he would—I did not see him fetch the axe.
COURT. Q. When was it you asked him to chop the wood? A. When I was going to bed—when I came down to fetch the coals, he was standing by the side of the table—the axe was on the table—I had only been upstairs a few minutes—the axe was not on the table when I went to bed—I did not notice—I had only been in Mr. Hill's service a week.
MR. WARD. Q. Have you ever said anything about your mistress asking for the key before? A. No—I do not know why I did not—she did not tell me she had heard a cry of " Murder."
GEORGE PEAPELL . I live about 100 yards from Mr. Hill's house—I was going home about a quarter past 12, on the night of 14th February—I heard a noise before I got to the Alleyne's Head—when I got to it, Alfred Hill was standing on the door-step—he asked me to go in, which I did, and found Mr. Hill lying on the sofa, bleeding—I, with Alfred Hill and the prisoner, searched all over the house, but could not find any one—at the bottom of the stairs I found a candlestick—the prisoner was dressed in a coloured shirt, and light trousers, no coat or waistcoat—he said it was a very cruel affair, and he wondered who did it—I went to the top of the house, but could find no footsteps there—the roof was covered with frost.
Cross-examined. Q. Did you go into the pot-bouse yard? A. Yes—I did not examine the top of the pot-house shed, and I do not recollect touching the ladders—I did not examine the field outside.
COURT. Q. Is the house detached, or in a row? A. Detached—a person on the roof could not get on to another house—the trap-door leading on to the roof was not fastened—it was shut, but not locked.
JOHN WOOD . I live at 2, Alleyne's-cottages—I was called up about half-past 12 on the night of 14th February—I went to Mr. Hill's, and was let in by Mr. Davenport—I examined the house with the prisoner—every place was secure—while in the cellar, I asked the prisoner when he had last used the axe—he said about half-past 9, in chopping up some wood to light the fire with, and the last he had seen of it was when he left it on this basket—we were near the basket, and he pointed it out—we then went upstairs—I asked him whether all the windows and doors were fastened—he said, "With the exception of the pot-house door"—I said, "Then a person would have no difficulty in escaping that way"—he made no reply—I examined the roof of the pot-house, but there were no foot-marks—it was covered with frost—I examined the two ladders, but there were no marks on them—they were placed perpendicular—it was not possible for any one to ascend them, as they were placed—I tried it by going up a little way.
Cross-examined. Q. Did you examine the ladders before the police came? A. Yes; three-quarters of an hour before—I went up perhaps seven or eight steps—I am used to ladders—I went into the field at the back with
three constables, but found no marks near the wall—I have been a police-man twenty years.
GEORGE ROOTS (Police-inspector P). I reached Mr. Hill's house about 1 o'clock, and was let in by the prisoner—I asked him what had occurred, and what he knew of the matter—he said, "I went to bed about 12 o'clock, I had been upstairs about a quarter of an hour; I had been reading a journal, and had begun to undress, when I heard my master call 'Murder,' and thinking it was some person having a game with him, I ran down stairs. As I passed my Missis' bedroom, I called out 'Murder;' in going down stairs my light went out. I found master at the bottom of the stairs; I then returned to get a light, which I got from the fire in my Missis' bed-room. I had been splitting wood in the kitchen, in the evening with a hatchet; while I was doing so, I said to the servant, 'I will go and fasten the pot-house door,' which I did; soon after I went into the cellar to put on some ale, I carried the hatchet down with me, and laid it on a basket at the bottom of the stairs; and some one must have followed master into the cellar when he went to turn off the gas, and then taken the hatchet, and returned to the top of the stairs, and committed the act when master was leaving"—I asked him if all the doors and windows were safe—he said, 'They are, except the door leading to the pot-house yard, which I found closed, but not fastened; and the person who committed the act must have gone out by that door'—I searched the place, and found it all secure—I found no footmarks on the roof—if any one had passed over it, there would have been footmarks, as it was covered with snow—I examined the ladders, and the field at the back—I also examined the prisoner's clothes.
Cross-examined. Q. Did you find any blood upon them? A. No—he had on a light pair of trousers—he had no shoes or stockings on—there was no blood on his feet—I went into the stable-yard—there was a ladder there, such as is used in getting on to omnibuses or coaches—I examined the prisoner's bedroom—there was some water in his washhand basin, but I could detect no blood there—a portion of a candle was lying close by, but no candlestick—I searched the stable-yard to exhaust every possible inquiry.
COURT. Q. Did you examine the passage floor? A. I did—there was a great quantity of blood near the foot of the stairs—on the same evening of the same day I took the prisoner to Mr. Hill's bedside, and asked him to repeat in the prisoner's presence what he recollected of the matter—Mr. Hill said, "I went down the cellar to turn off the gas about 12 o'clock last night. On returning from the cellar, I was struck with a hatchet on the head and on the shoulders. The person who struck me passed by me, and ran up stairs. He had on a coloured shirt and coloured stockings. That is the man," looking towards the prisoner—he said to his son, who was in the room, "You charge him"—I then told the prisoner that he was charged with feloniously assaulting his master, with intent to murder him, and that he need not answer me unless he chose—he made no answer—I handed him over to a constable.
Cross-examined. Q. What was the result of your experience after searching the place? A. I came to the conclusion that the deed was done by some one in the house—I did not go on the roof—I went about five or six rounds up the long ladder—the window of the skittle-room was unfastened—I examined all the other rooms.
COURT. Q. Was it a sash-window? A. Yes—it was shut, but there was
no hasp to fasten it with—any one who jumped out at the window could not have closed it after him.
COURT to GEORGE ROOTS. Q. Did you examine the stairs leading to the bedrooms to see if there was any blood? A. I did—I saw no blood or stains whatever.
WILLIAM REYNOLDS WRAY . I am a surgeon, of Dulwich—I was called to Mr. Hill's about half-past 12 on the morning of the 15th February—he was in his bedroom—I examined him, and found a severe contused wound near his left ear, and another contused wound at the back of his head—the bone was laid bare—there was a severe contusion on the right side of his forehead, and an incised wound on his right cheek; a slight bruise on the point of his left shoulder, and another at the back of his left shoulder-blade—his left shoulder itself was broken—I have seen the axe, and I think the contused wounds might have been inflicted by the back, and the incised wounds by the blade of it.
The Prisoner received a good character.— GUILTY of wounding with intent to do grievous bodily harm.— Fifteen Years' Penal Servitude .
Before Robert Malcolm Kerr, Esq.
MESSRS. POLAND and STRAIGHT conducted the Prosecution.
THOMAS DAW . I am barman at the Hand and Flowers, Union-street, Borough—two females came in—the prisoner was one of them—they asked for a pint of half-and-half—the prisoner gave me a bad shilling—I gave it her back, and said it would not do for me—she then asked the other woman whether she had got any money—she said she bad got only a penny, and the prisoner asked me to take half back again—I did so, and they left together—I afterwards pointed them out to a constable.
WILLIAM COSSY My father keeps the Catherine Wheel, Union-street, Borough—on 10th March, the prisoner and another woman came in—the woman asked for half a quartern of spruce and hot water—she gave me a shilling, which I found was bad—I asked them if they knew it—they said they did not—one had 1½d. and the other a sixpence—I sent for a constable, and he at once recognised them—he said they had been in the Hand and Flowers public-house the night before, and tried to pass a bad shilling—they first denied it, but afterwards the other woman said they were there—I gave the shilling to the policeman.
LOT SAWYER (Policeman). On the evening of 9th March, I and Police-constable Cummings were called to Mr. Daw's—he asked us if we knew the two females—we told him we did not, and he allowed them to go—on the 10th, I was called to the Catherine Wheel, and Clathero was given into my custody—I told her she was charged, with the other woman, with attempting to utter counterfeit coin—she said she did not know the other woman, she had promiscuously met her outside, and had gone in to have something to drink—I told her I had seen her in company with the other woman at the Hand and Flowers public-house the night before—she denied it, and said she did not know the name of the house, but afterwards she said she was there.
WILLIAM CUMMINGS (Policeman, M 196). I was at the Catharine Wheel when Clathero woman was taken—another was with her—Cossy gave me a shilling, which I produce—I took Carr to the station—I had seen them at the Hand and Flowers the night previous.
NOT GUILTY .
NOT GUILTY .
MESSRS. POLAND and STRAIGHT conducted the Prosecution.
ELIZABETH RANGER . I am the wife of Walter Ranger, of 142, Lambethwalk, who keeps a pie shop—on the evening of 7th March, about 10 o'clock, the prisoner came in and asked for a penny pie—he gave me half-a-crown, which I tried with my teeth, and found to be bad—I told him so, and he said he was not aware of it; and that he took it from a man down the street—he also said that his sister was coming along, and she would pay for it, which she did—I gave him back the half crown.
EDWIN COOK . I live at 107, East-street, Lambeth-walk, and am in the employment of Mr. Filow, who keeps a fish shop at 2, Mill-street, Lambeth—about a quarter past 11, on the night of 9th March, Fitzgerald came in and asked for a pennyworth of fish—he gave me half-a-crown, which I handed to Mrs. Filow—she put it in the detector, and bent it, and said, "This is bad"—Gearing came in directly afterwards, and asked for a pennyworth of fish—he spoke to the other man.
ANN FILOW . I am the wife of Joseph Filow, who keeps a fried fish shop—on 9th March Fitzgerald came in followed by Gearing—Fitzgerald was served with a pennyworth of fried fish—he gave Cook a bad half-crown—Gearing had a pennyworth of fish and baked potato, for which he paid me—I told Fitzgerald the half-crown was bad—I afterwards gave it to the constable.
RICHARD HART (Policeman L 1). On 9th March I was outside Mrs. Filow's shop—I saw the prisoner with Fitzgerald coming along Lambethwalk—they walked to the top of Fountain-gardens—I saw Gearing steep in Mr. Dell's doorway, and put something down—I received a bad half-crown from Mrs. Filow—I took both prisoners in custody—they were searched, but no bad money was found on them—a bad half crown was found in Mr. Dell's doorway.
NOT GUILTY .
MESSRS. POLAND and STRAIGHT conducted the Prosecution.
ROBERT TAWELL . On 21st March the two prisoners came into my house—Billing asked for a pint of porter—he gave me a bad shilling—I asked him if he had any more of them, and he gave me another bad one—he threw some silver down, and said, "See if there is any more of them"—I called my master, and gave him the two shillings—Pander went outside.
FRANCIS HENRY BROWN . I am the landlord of the Royal Martyr—on 21st March Tawell gave me two shillings—I marked them, and gave them to the constable—Tawell pointed out Billing to me, who was standing in front of the counter—I said to him, "You must have known these were bad"—he threw some more silver down, and said, "See if there is any more of them"
—I looked, but did not see any more bad ones—Pander was outside, and Billing wanted to go, but I prevented him—I saw Pander put his hand to his mouth, and heard coin rattle in it—a constable came, and I gave them in charge.
GEORGE STANSFIELD (Policeman A 793). The prisoners were given into my custody—Mr. Brown gave me two shillings (produced)—Billing gave his address, which I found to be correct, and they said they had been working at Alexandra Park, which I have reason to believe—Billing said he had changed a half sovereign at a public house on the 21st, but he did not know the sign of it
NOT GUILTY .
THOMAS GEORGE FERRIS . I am a butcher of 248, Walworth-road—on 8th March, about 2 o'clock, Jones came into my shop for a pound of beef-steak, which came to 9d.—he gave me a shilling, which I put in the desk, and after he had gone I examined it and found it to be bad—I went outside and saw Jones join Kilminster, and pass some money to him—I called a constable and followed them to some railway arches in Carter-street, where they were taken into custody—I gave the shilling to the constable—Jones had been in my shop on the Saturday previous, and he then gave me a florin, which, after he had gone, I found to be bad—I gave that also to the constable.
HENRY PARKER (Policeman, P 286). I went with Ferris to some railway arches in Carter-street—we found the prisoners standing about five yards under the arch—I took Jones in custody, and told him the charge, but he made no reply—at the station a man named Dearing brought me a purse, which contained five bad shillings.
SAMUEL DEARING . I am a carpenter at 3, Princes-street, Black friars-road—on 8th March I was at work at the arches in Carter-street—I saw the constable and the prisoners there—about five minutes after they had gone I found a purse with five bad shillings in it, each wrapped up in tissue-paper—I took them to the station.
THOMAS BUNTING (Policeman, P 240). I took Kilminster—I told him the charge; he made no answer—I took him to the station, returned to the spot, and picked up a shilling close to where they had been standing.
Jones' statement before the Magistrate. "I went to Ferris' shop and bought a steak—I gave him a shilling and he gave me threepence—he put the shilling into his desk and shut it—he afterwards came to the arch where I was making water, and gave me in charge—I have been in his shop before, but it was not on Saturday last. "Kilminster says." I was in the Walworth-road—Jones came to me and gave me 3d. which he had borrowed of me—I said I wanted to make water, and I went under the arch—this policeman and Ferris came there, and took me and searched me."
JONES— GUILTY .— Confined Twelve Months .
KILMINSTER.— NOT GUILTY .
JAMES EDGELY . I am a labourer residing at the back of the Grand Surrey Canal—on Sunday evening, April 1st, between 11 and 12, I was in the Borough, walking a little behind my wife and daughter—some boys came round me like a lot of little wolves—I was knocked down, and had my watch taken from my waistcoat pocket—they couldn't get it out properly—the prisoner is the one that took my watch—I went with my wife and daughter and a constable to Angel-court, and found the prisoner at a common lodging-house—I had followed him up quickly.
ELIZABETH EDGELY . On Sunday evening, April 1st, I was walking with my husband and daughter from London Bridge station, when my husband called out that they were robbing him—I immediately seized the prisoner, and said, "Will you give me my husband's watch?"—he struck me on the shoulder—I said again, "Will you give me my husband's watch?"—he up with his fist und caught me a violent blow in the eye, and nearly knocked my teeth out—I went with the constable and my husband and daughter into a house where the prisoner was—I told the constable I should know him—he didn't see me at first—when he saw me he put his hand in his pocket, and my little daughter ran up and said, "Here is my father's watch" and picked it up from the floor—it was a very little distance from him.
ABIGAIL EDGELY . I am the prosecutor's daughter, and saw some boys attack him—the prisoner got on him and threw him down on the pavement he ran away with something like the watch in his hand—I stayed to pick up my father, and then went to the lodging house with the constable, and saw the prisoner draw something from his pocket and lay the watch at his feet—I picked it up and said, "Here is my father's watch"—I handed it to the constable—this is it (produced).
WILLIAM BURCHELL Policeman, M 236). I went to this lodging house and found the prisoner there—Mrs. Edgely pointed him out—I think there were sixteen or eighteen more people in the same room—when she said, "This is the man," I went to walk up to him, and when I got within three yards of him I saw him put his hand in his pocket—he tried to pass something to some one else and to leave the room—I seized him and said, "You are accused of stealing a watch, I think you have got it in your mouth," when the little girl said, "Here is my father's watch"—I took him to the station—the prosecutor had been drinking—he complained of being pushed down, robbed of his watch, and ill-treated—his wife also complained of ill-usage—all three pointed out the prisoner as the person who had stolen the watch. GUILTY†— Confined Twelve Months, and at the expiration of the first month to receive Forty strokes with the cat .
EDWARD BALL I am proprietor of the Victoria ale and stout stores, St. James's-street, Lower Marsh-street, Lambeth—at 8 o'clock on Tuesday night, April 3d, I was in St. James's-street—I was going home and was within five doors of my own house—the prisoner came up to me and asked me which was Somerset-street—I said, "I don't know, go away"—at this time I saw two other men standing on the other side of the road—I turned to go into my house, when the prisoner tripped me up, put his arm round me and said, "I've got you now; come on, come on"—I couldn't get up
till two neighbours came to my assistance—the prisoner took my watch—a policeman came up when he heard me call "Police!"—I have not recovered my watch—I was not much hurt, but a little shaken—I called out, "Police," and "Stop thief!"—my head was hurt against the wall in failing; my hand was also a little hurt, I have a mark on it—I saw the prisoner running—I afterwards saw him in custody at the station—I know him to be the same man; I have no doubt at all about it.
EDMUND RAYMAN . On Tuesday night, April 3d, I was in St, James's-street—I saw Ball and the prisoner—I know Ball—I saw the prisoner run up the street and ran after him—he ran through a public-house, and as he went out at the other door a policeman caught him—I never lost sight of him.
EMMA WILKINSON . I am a widow, and live at 25, Princes-street, Lower Marsh, Lambeth—a little after eight o'clock on April 3d I was sitting in my front room, and heard cries of "Police!"—I came out and saw the prosecutor lying on the payment and three young ruffians scampering away from him—another neighbour came up and helped to pick him up—he said that his watch was gone—the boys went in different directions—they separated from the prisoner—I don't know the prisoner, it was too dark to see his face.
THOMAS GREEN (Policeman, L 160). About eight o'clock on the night of April 3d I was on duty in Lower Marsh, and heard cries of "Police!" in St. James's-street—I saw the prosecutor down upon his back and the prisoner kneeling on him—as soon as they saw me, which was when I was about ten yards from them, they all started off in different directions—I pursued the prisoner—he ran up the street and into the Olive Branch—as he ran in at one door I ran to the other and caught him at the door as he was coming out—whilst securing him he passed something to another man and said, "Take that"—that man then turned round and ran away immediately—I took the prisoner to the station—Mr. Ball came there and identified him—I didn't lose sight of the prisoner, except when he was in at one door and I ran to the other.
GUILTY **— Seven years' Penal Servitude .
NEWBY STODDART . I am in the service of Mr. Wm, Walker, Lavender Dock, Rotherhitbe—on 6th November, between 8 and half-past in the morning, I saw the prisoner go into the dock, and take four sheets of metal—another man was with him, who was caught, and got six months—I saw King give two sheets to the other man—I was about ten yards from them—the sheets of metal were on the stage in the dock—I called out to the men to put them down—they said they wouldn't, and that they would hit me on the nose—the prisoner said that—I couldn't stop him, and he got away—I have seen him about before—I knew his name, and am sure he is the man.
Prisoner. Q. How many men did you see in the dock together? A. Two—the policemen did not bring a man into the dock on the day they were taken, and I did not accuse him of being the man—I went to Greenwich, and said it was not the man—I did not say, when I was brought up against Cogan, that he threatened to punch me on the nose—he had on fustian trousers, a dark coat, and a cap—I am certain you are the man.
WILLIAM IZARD (Policeman, 103 R). Stoddart communicated with me on 6th November, about half-past 8 in the morning—I saw Cogan and King at the King and Queen stairs—directly they saw me they started off—I
missed them through Ward coming in through the barges—I had previously seen Ward with the other two, and took him for one—I swear to the prisoner as the man to whom my attention was called at the King and Queen stairs—I afterwards took Cogan, and was present when be was convicted for stealing copper.
Prisoner. Q. When you took Ward, did you take him to the dock? A. No—I took him to the station—you had on a short coat—it was very short, if a coat at all—I apprehended Ward at about half-past seven, and charged him with being one of the men, through previously seeing him going along the street with Cogan and yon.
EDWARD GAGE (Policeman, 25 R). I apprehended the prisoner on 26th March—he was sitting in the parlour of a beer-shop in Commercial-road East—he held his head down when I went in—I went up to him, and said, "I want you"—he said, "I know you do, I will go quiet; I don't know what the affair is about"—he attempted to throw me down going along—I called the assistance of Sergeant Rilling, of the K division, and took him to the station—I then told him the charge—he said he did not know anything about it.
Prisoner's Defence. A. I know nothing about the case at all; it is made up by the police.
GUILTY .** He was further charged with having been before convicted.
—HUGHES. I produce a certificate (Read: Newington Sessions, Thos. Edwards convicted 21 Dec. 1863, of felony)—the prisoner is the same man.
GUILTY.— Seven Years' Penal Servitude .
423. WILLIAM BLACKERBY (24), and GEORGE EYLES (22) Stealing 42lbs of meat of John Swingle, their master, and THOMAS EMMERSON (43) , Feloniously receiving the same. . MR. DALEY conducted the Prosecution; MR. WILL appeared for Blackerby, MR. WARNER SLEIGH defended Eyles; and MR. WILLIAMS for Emmerson
HENRY MORTON (Policeman, L 63). On 22d March, from information I received, I watched the prosecutor's shop from different places—I was not in uniform—Blackerby and Eyles were in his service—Blackerby was foreman—at half-past 7, I saw Eyles knock at the door—he was received by Blackerby or the boy—Eyles, I believe it was, took down the shutters—I went a short distance down the road, and then saw Blackerby and Eyles in the shop—about ten minutes to 8, I saw Emmerson at Mount-gardens, which is at the side of the shop—the slaughter-house has a private way from the shop through the house—he had a towel in his hand—he shoved his hand against the slaughter-house door, which was fast—I then went in front of the Westminster-road into the shop, and walked backwards and forwards several times—Blackerby and Eyles were in the shop together—he went up and spoke to them—Eyles then left Blackerby, and went through the shop towards the slaughter-house—Blackerby by waving his hand and head gave him the office to go round to the slaughter-house door—he went very quickly—the door was opened when he arrived, and he was admitted—I concealed myself in a house facing the slaughter-house and stood there a few minutes—a great number of men who work at Moseley's were coming home to breakfast—Eyles opened the slaughter house door and looked all round—he returned again, as people were passing—he opened it a second time, looked round, and returned again, and the third time he stood at the door
about a minute, opened it quickly, and Emmerson came out with a very large bundle on his arm, and went down Mount-gardens—I followed him to a public-house in Carlisle-laue, where he went for some rum—I then got the assistance of a railway policeman, and said, "I charge you with receiving property which consists of meat, well knowing the same to have been stolen from the Westminster-road"—he said, "All right, I have bought it"—I took him to Tower-street station, and asked him what account he could give me of it—he said, "I bought it; I paid 10s. on account of it, and I have got to pay the other"—I said, "Do you know what amount you have got"—he said, "I do not "—I said, "Have you got any receipt"—he said, "No"—I said, "I am not satisfied"—I searched him and found a sheep's pluck in his pocket—I said, "Here is a pluck"—he said, "All right, I will pull it out"—as Mr. Swingler was away from home, I thought it necessary to wait—I left Emmerson at the station, and then returned to the shop and watched for nearly an hour and a half—I saw Eyles leave with a brown coat over his blue slop, and a small bundle under his arm—I followed him into Hercules-buildings, stopped him, and gave him in custody—I then returned to the shop and took Blackerby, and told him the charge—he said, "I know nothing about it"—I said, "You will have to go"—I sent him down by a man, because only the mistress was there, who was in a very weak state of health, so I took charge of the shop while they got assistance.
Cross-examined by MR. WILL. Q. Was the first you saw of Blackerby at ten minutes to 8? A. No—I saw him at half-past 7, directly the shutters were down—I saw Emmerson at ten minutes to 8—I told the Magistrate that Emmerson walked up and down, Blackerby waving his hand and speaking to Emmerson—when I took Blackerby, he said, "I must go then"—he also said, "I do not know anything about it, what do you mean?"—he did say, "Well, I will go."
Cross-examined by MR. W. SLEIGH. Q. Who took down the shutters? A. Eyles, and I believe the boy—there were two people, and one was shorter than him—I said nothing about the boy at the police court.
Cross-examined by MR. WILLIAMS. Q. Which door did you see Emmerson go into? A. The slaughter-house—that is away from the shop altogether—I have been twenty years in the force—I took Blackerby to the station in about an hour and a half after Emmerson, but they had no communication—Blackerby said at Tower-street that Emmerson bought the meat honourably, but not having enough to pay he left part owing—when I took Blackerby into custody, he said, "I know nothing about it, I will go with you."
ROBERT LAWSON (Policeman, L 9). I took Emmerson, and told him he was charged with others in stealing some beef—he said, "I know nothing about it"—there was a small parcel on him wrapped up, containing about 3lbs. of beef.
Cross-examined by MR. SLEIGH. Q. Did you ask him where he was taking it? A. No—he did not say he was taking it by orders—he went quickly—I only know where the prisoner lived by hearing them give their addresses at the station.
JONATHAN SWINGLER . I am a butcher, of 103, Westminster-bridge-road—Blackerby and Eyles were in my employ—I have known Emmerson two or three years—he has dealt with me a few times, but not for the last twelve months—I went to market on this morning, leaving my two men in charge of my shop—they had no authority to dispose of the meat I saw at the police court—I did not authorise them to send out meat from the slaughter-house
door—the ordinary course is to send it from the shop—I never knew them to send out meat by the back door—I recognised about 42lbs. of meat at the police-court—there is a large weighing machine in the back premises which is suitable for weighing 42lbs.
Cross-examined by MR. SLEIGH. Q. Was Blackerby your foreman? A. Yes, in every sense of the word—he has the management when I am away—Eyles has been in my employ twelve months—I had no character with him—it was his duty to harness my horse in the cart in the morning—he did so on that morning, and I used it at about half-past 7 o'clock.
Cross-examined by MR. WILLIAMS. Q. Has Emmerson worked on your premises, and did he know them? A. He has not worked for me—I had a foreman before who employed Emmerson when he went into the country—he knew the back door, it leads down to a water-closet in the slaughter-house—I know that he sells meat in my neighbourhood—I have sold him meat which he has sold again.
SUSAN KING . I am fifteen years old, and live with my mother in Mountgardens—the policeman was in our house to watch—I saw Emmerson come out of the slaughter-house door with a bundle, but before that Eyles had looked out twice—he only opened the door a little way to look out—Emmerson carried a large bundle.
The prisoner's statements before the Magistrate. Blackerby says:—"Emmerson bought the meat honourably; not having money enough to pay for the whole, 29s., so he paid a part and left a part owing. The meat was taken backwards to be weighed, and that accounts for his going in the back way." Eyles says:—"I say the same." Emmerson says:—"As I came down Mount-gardens I tried Swingler's side door; I went to a shop near; I had no cloth in my hand. I then, tried Swingler's door again, because I had taken two pills last night; I had been to ease myself there before; I went in for that purpose. I have not spoken to Blackerby three times since he has been there. I am a butcher. Eyles asked if I was going to market I said I did not know, as I bought a good deal yesterday; he offered to serve me at 8d. a pound; I bought to the amount of 29s., and I paid Eyles 10s. off, and I paid him 1s. for the liver. I only passed the shop once this morning. I have bought meat of Mr. Swingler himself, and he has left it to the next day for me to pay."
BLACKERBY and EYLES received good characters.— GUILTY .— Confined Twelve Months each . EMMERSON.— GUILTY .— Seven Years' Penal Servitude .
MR. DALEY, for the Prosecution, offered no evidence.— NOT GUILTY .
Before Mr. Common Serjeant.
MESSRS. METCALFE and STRAIGHT conducted the Prosecution; MR. W. SLEIGH
defended Kelly, and MR. HARRIS defended Dancer.
JULIUS SMITH . I am secretary to the Bridport Old Brewery Company, Belvidere-road, Lambeth—the brewery is at Bridport—the business has been established nearly one hundred years—on 2d January, Kelly and Ellis came to the office at Belvidere-road—Kelly came first, at about half-past 10
or 11 in the morning—I saw Ellis in the clerk's office subsequently—I don't know at what time he came, but it was about the same time—Kelly said he was a bottled beer merchant and gave the name of Holland, of St. John's-court, King-street, Snow-hill—he said he had just bought a bottled-beer business, and wished to buy some of our ales for the purpose of bottling—William Holland and Co. was the style he meant to carry it on by—he ordered ten barrels of ale, and five barrels of stout—five barrels of the ale were Burton, and five pale ale—that is the invoice made at the time—the value was 39l. 15s. exclusive of the casks, fifteen guineas; together, 59l. 10s.—he told me to send them to his stores, at St. John's-court, Snow-hill—he gave me a card—I have not got it, I gave it to Wheeler, our collector—it was Wheeler's custom to introduce customers to us—he was our traveller—he introduced these people to us—since this has taken place, he has absconded—I told Kelly the money must be paid in three days—he said he had no objection, as it was a small quantity, and he would pay in three days—he did not do so—on 8th January, I went to the stores at St. John's-court—I found there a board, with the name of "William Holland & Co." over the stores, which were locked—I knocked at the door, but could not make anybody hear—I made further inquiries of an ostler at the premises, and came away—on 2d January, Ellis gave me an order for twenty barrels of beer, value 81l., and 31l. 10s. for the casks; together, 102l. 10s.—he told me to send it to his stores in New Ormond-street—he gave the name of Ellis—he mentioned that he had just bought a bottled-beer business, and wished to bottle some of our ale—I told him the way to pay for it; one half in fourteen days, and the remaining half in twenty-eight days—Ellis and Kelly were in the office together—they did not appear to know each other—I did not see them speak to each other—on Saturday, 27th January, I went to 17, New Ormond-street to see Ellis because the money had not been paid—I found Kelly there—I asked him if his name was not Holland—he replied, "Oh no, my name is Kelly"—I then asked him if he was not the man who came to the Bridport Brewery Company, and bought some beer in the name of William Holland & Co. on 2d January—he replied, "Oh no, I don't know him, my name is Kelly—I am quite sure he is the man who came—I had entered the stores by the steps, which was the only entrance, and he was going to pass me to go up those steps, but as soon as I mentioned the name of the Bridport Brewery Company he went out at the further door, apparently leading to the back part of the house—hearing footsteps going up stairs, and believing he was going out at the street door, I ran up the step—I saw him going down the street, and followed him—I missed him for a time, and found he had gone into a grocer's shop—I waited about till he came out, and then went up to him, and said that I had no doubt he was the man, and he must come over to the stores with me—as we were going along he said, "My name is Kelly, I am the Company of Holland & Co."—he also said, "We are all apt to act indiscreetly at times"—he said, he supposed that all I wanted was payment for the beer; that he had disposed of it, and was going to get a bill in payment of it, and would return the casks—I replied that payment was not sufficient for us now, and we must inquire further into his proceedings—I took him to our stores, and left him there with the storekeeper—I then went to the stores in New Ormond-street, with the object of seeing the others—I saw a cab drive up with three gentleman in it—they got out, and went down the stairs—I saw them take away some parcels—the name of Haines was over the door—I didn't see the name of Ellis there—I went out and got a warrant against
Kelly, brought a constable back with me, and gave him into custody—on the 30th January I went to the stores in New Ormond-street again—no sooner had I got inside than the door was suddenly closed upon me—it was dark at the time, 4 in the afternoon—I saw the figure of a man behind the door, shutting and bolting it—I found afterwards it was Dancer—he seized me by the collar, and said, "You b—, your name's Smith"—he accused me of stealing a gold pencil case, and immediately struck me in the eye—I was standing by the window, and I broke a window, and called out"Police"—whilst I was calling "Police" I saw him reaching at the neck of a champagne bottle, and believing he intended to do me some serious mischief I rushed upon him and pushed him away from the bottle—he then then laid hold of me by the whiskers, and tried to pull me to the ground; failing to do that he suddenly jumped up again, the struggle continued for some time, and after calling "Police" for some time, a man and women appeared at the door through which Kelly had left—they called out, "Mr. Twidell Mr. Twidell, let him alone, be quiet"—I couldn't say who the man was—he let me go, and I ran out at the street door, glad to get out of the place—I have never seen any of the money due from Ellis or Kelly—we have obtained some of the casks back from Speight and from Sumner.
Cross-examined by MR. W. SLEIGH. Q. In the beer-selling trade, is it not the custom, unless express stipulation be made to the contrary, for twenty-eight days' credit to be given? A. That is the ordinary credit to publicans and with other persons with whom we do business, unless we make an express stipulation—on 2d January, when Kelly came, he did not say, "I am of the firm of Holland and Co."—he said, "I am Mr. Holland"—it is now three months ago, but I am not labouring under mistake as to whether he did not give a card with Holland and Co. on it, and say he was one of the firm—he said, "My name is Holland, I have bought a bottled-beer business"—I might have taken him over the stores and had a friendly chat—he tasted some of the ales as customers might do—he gave me an order, and the beer was delivered the following day by my order—he gave me no references—he was introduced to our firm by Wheeler our collector, who has absconded—I was at the police-court when this case was heard—I did not hear Kelly applv to the Magistrate for a warrant for Wheeler's apprehension to explain the introduction to our firm—I have never heard that such was the case—I was told he asked to summon some witnesses—Wheeler is not forthcoming—on 6th January, I went to St. John's-court to these cellars, and saw a board, with the name of Holland and Co. and the cellar were locked—on the 27th January, when I went to New Ormond-street, I did not met Kelly in offices upstairs, but downstairs—there were two doors in the room—I asked if his name was not Holland; he said, "No, Kelly"—those were the first words he spoke to me—he did not admit having been at the brewery—I don't mean to say he denied it—I have been examined before—I did say before that when I met him at the door, he still persisted in saying that his name was Kelly—I reminded him again of the name of Holland, and he still persisted in saying his name was Kelly—we then walked together to our stores—on the way, we entered into conversation—I have picked out some little portions of that conversation; of course I cannot recollect all—he said he had been to get a bill in payment for the beer sold—in subsequent conversations, he mentioned Dancer—I cannot recollect all the particulars—he said, "No, my name is Kelly, I am the Company of Holland and Co.; we are all apt to do indiscreet things at times; I have sold the beer to Tance, and I am going to receive a payment for it by a bill, and I will see the casks
are returned to you"—that is what I said at the police-court—I gave the best name I could at the police-court—I am not quite certain whether the whole of the casks supplied to Kelly's cellars have been returned or not; our storekeeper will tell you—I never said to him, "Are you not prepared to pay for this beer?"—I am quite sure I couldn't have said so—I was not prepared to take payment—I cannot recollect whether I said before the Magistrate, that payment would not be satisfactory to us—I asked him to stay in the office whilst I went out—I made no observation; I requested him to wait there.
Cross-examined by MR. HARRIS. Did you tell the Magistrate that he said "I am the Company of Holland & Co.?" A. Yes, and that he then said "We are all apt to do indiscreet things at times"—I did not say that he said, "I have sold the beer to Dancer," but "I have sold the beer to Tance"—that was not after Dancer had assaulted me, but at the first examination previous—Dancer struck me the following Tuesday, the 30th January—on the second occasion, before he struck me, I asked if Mr. Ellis was there—he said, "Yes, Mr. Ellis is here"—I didn't inquire for Holland & Co.—it was not necessary, having taken Holland.
Ellis. Q. What was the first time you saw me? A. The second or third week in December—I am not aware that I invited you to taste the ale, I may have—I cannot remember whether I went into the stores with you, where our storekeeper was, very likely—you asked our terms subsequently—you called again about the last week in December, to inquire why the beer had not been sent in—I was not in the way the second time you called—you gave references when you found the beer had not been sent in without references—that was on the 27th or 28th December—on 2d January you called again—I was engaged with Kelly—the references given were Willam & Co. Lime-street, and Kingwell, coach builder, St. Martin's-lane—when I was disengaged I found you talking to the clerks—I invited you into the room—you asked me if the references were satisfactory—I said I didn't much like much William & Co., but I was satisfied with Kingwell, and would send in the ale that afternoon by one of Pickford's vans—after that I took the order for 30 barrels, half in 14 days, less 12J per cent, off; and half in 28 days, with 10½ off—I should observe, that I was satisfied with Kingwell's reference on the statement of Wheeler, our collector—when the first payment became due you did not call on me shortly afterwards—on the 16th August you asked me to take a bill—I refused to have anything to do with them—the second time you called I was engaged, and came out to speak to you—you did not tell me you were not in a situation to pay, but asked whether Mr. Wheeler had left our employment, and if he had been dismissed—I am not aware that you said you couldn't pay—I didn't wish to hold much converse with you—you said you would come again next day, and tell me something that would astonish me—I found Kelly in thestores at New Ormoud-street—I don't know whether they are your stores or not
MR. METCALFE. Q. Was Wheeler the person to inquire into the references? A. Wheeler inquired into Kingwell's reference, I inquired about the other—the reference which satisfied me was inquired into by Wheeler.
MR. SLEIGH. Q. Were Kelly's references inquired into by Wheeler? A. I had no reference from Kelly.
STEPHEN WARD . I am drayman to the prosecutor—on 3d January I took fifteen barrels of beer to Snow-hill, or near Snow-hill—I delivered them there, but to a man at the cellar, neither of the prisoners—I saw Kelly outside—
there was: a board up, with the name of Holland—I gave the man who received them a delivery note, marked A—he signed it.
ARTHUR WYTHAM . I live, at the stables in St. John's-court, Snow-hill, partly over these cellars—I saw a board with the name of Holland and Co. up—it was first put up some time last summer, and then taken down again two or three days before the beer came in it was put up again—it may be there still, for all I know—I saw that beer delivered—I knew Kelly only by seeing him at the cellars—I have never spoken to him—I saw him the same day or the day after the beer was delivered—I saw part of the beer go away two days afterwards by a carman's van—three days after that another' two barrels went away—the whole went away in those two deliveries—I saw a carman with his van when they were taken away—the cellars were kept locked—the carman came and unlocked, them—I have seen Kelly unlock them, not while, the beer was in them—I saw no symptoms of bottling beer going on—I saw no beer brought there—I saw Dancer there once at the time the beer was in the cellar.
Cross-examined by MR. SLEIGH. Q. Did you see Dancer and Kelly at the cellars the day after the beer came? A. Yes—I am a groom—I am not out during the day—I am employed in the stables—I can't say when the board was taken down—I did not see it again till it was put up again—I saw it up again the morning the beer came—it had been up four months or six months, I will not be sure—it was put up when, the beer was delivered, and was not taken down till it was pulled down by workmen repairing the place.
WILLIAM GAUNT . I live at Clement's-inn, Old Bailey—about six months ago I let the cellar in King-street, Snow-hill, to Kelly, in the name of William Kelly—I cannot tell the time exactly—there was no agreement.
Cross-examined by MR. SLEIGH. Q. You have known Mr. Kelly for years? A. Fifteen or sixteen years—he has bought a sack of potatoes of me now and then, and always paid me—I have never seen him, only once or twice, except when he took the cellars—I know nothing about him—I have had a glass of ale now and then when I met him in the City—when I let the cellars to him I considered him a sufficient guarantee for, the payment without reference—I didn't see anybody else with Kelly when I let him these offices—I let the cellars to him alone—I think I once went to his house in the Hornsey-road—I cannot swear there was no gentleman with him—there might have been or might not—I might have forgotten.
MR. METCALFE. Q. Do you know anything about James Holland and Co.? A. No—the name in the Hornsey-road was Kelly—I did not get any rent—I have never applied for it.
JOHN PERRY . I am a carman, of 5, Crescent-street, Enstonsquare—I removed two barrels of beer from St. John's-court, King-street, some time in January—I cannot read, so I don't know whether Holland and Co. was over the door—I took those two barrels to a beershop opposite the House of Detention—Dancer employed me to do it—I took two barrels from New Ormond-street, and then went to St. John's-court with two more, and then went to the beershop with the four—I saw Mr. Dancer's man at New Ormond-street—he is not here—Ellis was there—the man who had a leathern apron on delivered the beer to me, and helped me to load it—my man went back to the cellars at New Ormond-street to, get paid—I afterwards went there, and saw Mr. Kelly—he said he would see me paid—he said "You shall have your money, Mr. Perry"—my man got the key of the cellars at St John's-court, and gave it to me—I gave it to me—I gave it to Mr. Kelly at New Ormond-street—I removed sixteen other barrels of beer from New Ormond-street—Mr. Wheeler hired me then—he paid me—I took that beer to Newport's house, opposite my shop.
MR. W. SLEIGH. Q. Do you know any of the prisoners? A. I know Dancer—I saw Kelly there, and gave him the keys.
Cross-examined by MR. HARRIS. Q. Did Dancer hire yon to take beer for him on any occasion? A. Yes; some time at the beginning of the year to take four barrels.
CHARLES BELL . I am carman to Mr. Perry—I live at 5, Seymour-crescent, Euston-road—I recollect going with the van to New Ormond-street—I took fourteen barrels from there to a beer-shop in Hoxton-square; 57, or 37, I don't know which—I don't know the name of the public-house—I put the fourteen barrels in the cellar, and Mr. Dancer and another man went below and placed them—Mr. Dancer followed me in a cab—I saw Dancer the first time I went to New Ormond-street, but not the second—the second time I went in the evening between 6 and 7 to get the money to New Ormond-street—I knocked at the door—some female opened it, and I told her I wanted the gentleman who belonged to the stores below—she said he was not at home—she asked me to leave the key of the cellars, which I had—I said I should not—next morning I called again, and saw Dancer—I asked him for payment—he offered 10s. 6d.—I said that was not enough, I wanted 13s. 6d.—he never asked me for the key, and I never thought of it—I gave it to Mr. Perry.
EDWARD SUMNER . I keep the Prince of Wales beer-house, Clerkenwell, opposite the House of Detention—in October, 1865, I bought one hogshead of ale of Dancer—on 21st or 22d December I bought some more of him—he told me it came from Bridport—this receipt (produced) was written by Dancer, in my presence—I bought thirteen barrels of ale and two of stout—I have three receipts—Mr. Walters, the storekeeper of the Bridport brewery, came to me—I showed him some beer in the cellar—that was the beer Dancer sold me.
Cross-examined by MR. HARRIS. Q. How far back have you had transactions with Dancer? A. To 1865.
HENRY SPAIGHT . I keep the Windsor Oastle beer-shop, Hoxton-square—I bought nineteen barrels of beer of beer of Dancer in January—these are the invoices; they were delivered with the beer—I showed the beer to the detective, and several people, and to Mr. Walters.
Cross-examined by MR. HARRIS. Q. Did Dancer call there before that on several occasions? A. Yes; as far back as last year.
JOSEPH NEWPORT . I keep the Jolly Gardeners, Cobourg-street, Eustonsquare—I know Wheeler, the traveller to the Bridport Brewery, Company—he supplied me with beer from the brewery—in January last be came into the bar parlour and offered me some ale for sale—I told him I did'nt want any at present—he pressed me to give him an order for fourteen barrels, and I gave him an order—I was to take a certain number at a reduction, to have them at 40s. net per barrel—Perry brought sixteen next day—in the evening I was down in the cellar—I came up and saw Mr. Wheeler at the bar—he wanted some money on account, and I paid him part of the money on account—these are two receipts he gave—when I had paid him I looked up in the corner and saw Dancer and Ellis—I went down in the cellar after that, and when I came back they were gone—I saw Wheeler again the week after—I can tell by my receipt—he said he came after the other part of the money—I said I hoped it was all right about the beer—he said, "All right, it is from one of our large bottlers"—I paid him—Ellis and Dancer were then in the beer-shop, at the further corner—I know I paid the whole of the balance for the beer. (Walters was here brought into Court). I have seen him before—I took him down to the cellar and pointed out the beer sold by Wheeler.
Cross-examined by MR. W. SLEIGH. Q. Will you say if any name was told you by Wheeler? A. Wheeler said Ellis was a large bottler.
Ellis. Q. Did you not come down to my stores and taste the ale, and say you had bought 100 barrels of the Bridport Company at a guinea a barrel? A. I never mentioned anything of the kind—I do not recollect whether you told me it cost 54s. a barrel—I never said "The Bridport Company like to get hold of the flats"—I was not there.
MR. METCALFE. Q. Did Wheeler tell you the other man's name? A. He said one man's name was Ellis—he didn't say who the other man was.
HENRY JENNINGS . I live 6, Granville-street, Brunswick-square—I know Dancer by the name of "Thomas Twidell"—he took a drawing-room floor, front kitchen, the area and vaults at 17, New Ormond-street, of me at 14s. a week—it was not till after he had taken the premises that I saw Ellis there; Dancer was there as well—they were looking over what alterations would be required—Ellis seemed to be a carpenter going to do the work—I afterwards told Mrs. Twidell to take a brass plate off the door, as the estate wouldn't have it—I don't know what was on it—the plate was taken down the next day—I put in a distress and levied upon the furniture, brewer's casks, and bottled ale—these were Dancer's premises—they were taken of me in the name of Twidell—before he took the premises at New Ormond-street he had rooms of me for about five or six weeks—I had no right to enter by the area of the house in New Ormond-street, the area entrance was Mr. Twidell's—I let the house in tenements.
Ellis. Q. Did you see my name over the door? A. Yes—I did not see another plate on the railings with the name of Ellis on it; I don't know what it was—I was told it said, "Wine and beer merchants" with no name.
THOMAS WALTERS . I am storekeeper to the Bridport Brewery Company—I saw Dancer on the premises on 24th or 25th June—he gave the name of Twidell and Co. Parker-street, Drury-lane—he said they were bottled beer merchants—he wanted ale and stout for bottling—he was supplied with five hogsheads at that time, and on 4th July two more, making altogether 23l. 11s. and ten casks—he came himself with a card signed by Wheeler—on 7th February I went to Summer's public-house and there saw some of my casks—six of them were supplied to Holland and Co. at St. John's-court, and four to Ellis, at New Ormond-street—the numbers were on the casks and in my book—at the beginning of February I went to Parker-street, Drury-lane, and there found the casks supplied to Dancer; there was a little beer in one of them—I have been also to New Ormond-street and there found three of the casks supplied to Holland and Co., and sent to Snow-hill—I then went to Spaight's, Hoxton-square, and there saw twelve casks supplied to Ellis and three to Holland—I also went to Newport's and saw sixteen barrels there, all supplied to Ellis, of New Ormond-street—there were twenty-nine of Ellis's altogether, and twelve of Holland's—there are four short now; three of Holland's and one of Ellis's.
Ellis Q. Do you remember the first time I came to your stores in December and tasted the ale Mr. Smith calling you by name sayings "Where is that porter and stout which has gone bad?" A. No—we have no bad stout in the stores.
Cross-examined by MR. HARRIS. Q. Did you supply the beer to Dancer at his own stores? A. Yes—he paid Mr. Wheeler 5l. on account.
JOHN PUDGIN (Policeman, L 165). I am warrant-officer at the Lambeth police-court—on 27th January I went, to the Bridport Brewery Stores and found Kelly there—I told him he was charged on a Magistrate's warrant with obtaining a. quantity of beer under false pretences—I read the warrant to him—he then appealed to Mr. Smith to allow the matter to stand over for a few days—I took him in custody, and found this paper upon him (produced)—it is marked "A"—on 10th. February I took Dancer—I read, the warrant to him—he said he had purchased some beer, and was net afraid of what he had done, as it was perfectly straightforward—I found upon him several bill-heads and papers, and some keys which unlock the door leading from one cellar to another in Parker-street—he tried to pass them to a young man who appeared to be in his employ—I prevented him, and took them—I searched the cellars in Parker-street, and Walters pointed out several casks—I found a desk there, and a great number of bill-heads of different places (produced)—the headings, among others, are T. Allingham, corndealer, Andover; P. Dancer, baker, High-street, Andover—all these papers were in the desk—on 28th. February I took Ellis in custody just outside the Old Mother Red Cap, Camden-town—I told him he was charged on. a Magistrate's warrant with being concerned in obtaining a quantity of beer of the Bridport Old Brewery Company—he said, "All right, I shall go quietly,"—I searched him, and found upon him another delivery note marked "D" or "B" from the Bridport Brewery Company, New Ormond-street—on his way to the station, he principally addressed his conversation to my brother-officer, who, with myself and the prisoner, was sitting in the cab—he said, "I suppose I am charged with conspiring to defraud the Bridport Brewery Company"—I read the warrant to him; that alluded to the others—I found this letter upon, him (Read—"Dear Bob,—Leave what letters there are at your office for me—I shall be down in the city as soon as possible this afternoon—I should like to see you, but if I come too late, leave the letters. Yours very truly in haste, E.M. Ellis")—this is addressed to William & Co., East India-avenue, Leadenhall-street.
Kllis. Q. What, did yon find in my pocket? A. Several papers; amongst them this agreement (Produced. This was an agreement between Dancer and Ellis, letting the premise in New Ormond-street to Ellis.)
WILLIAM SMITH (City-policeman). On 10th February I went to Parker-street to the cellars with Pudgin—I left Pudgin there and went on to the Red Lion public-house, Theobald's-road—I went in, and saw Dancer and Kelly together in front of the bar—I went up to Dancer and told him I was an officer, had a warrant for his apprehension, and I should take him in custody on a charge of obtaining beer from the Bridport Old Brewery Company under false pretences—Kelly was then out on bail—I took him to Parker-street, where were Pudgin and Mr. Walters—Dancer took some keys from his pocket, opened the cellar door, and descended—after he had been there a minute or two Pudgin came down with Mr. Walters—Budgin read the warrant to him—the place was. searched, and Mr. Walters identified the barrels—he attempted to. pass the key to a boy in his employ—he said nothing on that occasion about attacking|Mr. Smith—I took Ellis at Camdentown, at the Mother Red Cap—he said, "All rights, I'll go with you"—he got into the cab, and on the road to the station the warrant was read to him—I asked him if he was in the closet at the cellars when Dancer attacked Mr. Smith—he hesitated a little, and then he said, "Well, I was—I heard Dancer accuse Mr. Smith of stealing a gold pencil-case—after Mr. Smith was gone, I remonstrated with him about it"—at the station he was searched
by Pudgin—I have known all three of the prisoners as frequenters of various public-houses in the city, a public-house in King William-street, and four opposite the Mansion House, places which such persons frequent—during the last twelve or eighteen months I have seen all three of them together at all those public-houses—I have seen Dancer and Ellis talking together before the beginning of this year—I have nerver known any of them carrying on business as bottled beer merchants until this time.
JOHN RITTON . I am a builder, of Tottenham-street, Tottenham court-road—I know Dancer as Dancer—I sold him a coffee and dining-room, 31, Compton-street, Brunswick-square, for 80l. two years ago next June—he said he was going to carry them on for himself—I have not been paid a farthing for them—I gave him possession—I did not know him at this time as a bottled beer merchant, but as a cab proprietor going into the coffee house line—there was a woman connected with him, named Jane Walton Haines.
Cross-examined by MR. HARRIS. Q. Did not Dancer sell you a house for 50l.? A. No; I sued him in the County Court for some money—he forged my name to a receipt for a bill of sale on the place—I put an execution in, but as I had all the costs to pay, I was out of pocket—I took all I could get, and that was nothing at all—I had a small house in the Waterloo-road from Dancer—the price, I think, was 18l. or 20l.—it was worth less than nothing—I went in as a tenant to the proper landlord—I took it, because I was obliged to take it or nothing—I took it in part payment of my debt—he had taken his furniture to Compton-street—I agreed to pay him 20l. to be deducted from the sum he owed.
MR. STRAIGHT. Q. What was that about a receipt? A. Well, when my execution went in, I was met in this way; he said he had sold the place to the woman Haines; and had got a bill of safe on it—he forged my name on the receipt, and he forged Hollingsworth's name—when Hollingsworth knocked him up, the woman jumped out of the window, and ran away—he was indicted here for the forgery.
MR. HARRIS. Q. Was he not acquitted? A. Yes; because he paid Hellingsworth the money.
JAMES JONES . I am a stationer, at 89, Leadenhall-street—on 19th December, Ellis came to my shop, and asked me to trust him for a month with stationery for his offices at 17, New Ormond-street—I supplied him—I afterwards called there, and saw him—I called again after that, and saw Dancer—he said that he had bought the business of Ellis, and owed him 2l., and he would get Ellis to allow him to pay me—three weeks afterwards, when I called again, the offices were closed, and I saw Mr. Jenkins the landlord—I met Ellis some time after that in Fish-street-hill, and told him what Dancer said—he said Dancer had no authority from him to pay me—he did not pay me—Ellis told me me he was the agent of the Bridport Brewery Company.
Ellis. Q. How long have you known me? A. Two years—we have had many glasses of ale together when you were a traveller—we had some ale in the shop that morning—the stationery came to two guineas—you took it away with you in an omnibus—I called upon you a short time afterwards—I don't remember whether I went with you to a public-house in New Ormond-street—I did not supply these goods—I made further enquiries, and was not satisfied.
Kelly and Ellis received good characters.
GUILTY .— Confined Eighteen Months each .
MR. POLAND conducted the Prosecution.
HENRY POLLEY . I am barman at the Pitt's-head public-house, Grange-road, Berraondsey—I recollect the prisoners coming to the shop—about three weeks before 29th March, Saunders called for a quartern of the best gin—she gave me a half-crown—the cost of the gin was 4½—I put that half-crown in the till—there was no other there—they came in together—I gave 2s. 1½d. change—they went away together—about five minutes after they were gone the barman went to the till to get change for another customer, and called my attention to the half-crown in the till—I had not taken any other half-crown—to the best of my belief, that is the half-crown I put in the till.
COURT. Q. When did you see it was a bad one? A. When my attention was called to it—my fellow-servant gave it to the constable.
Saunders. That was not the young man. Witness. I am sure I took it of the female prisoner.
EDWARD PEARCE . I am barman at the Pitt's Head—I remember going to the till and taking the half-crown out—I had seen the prisoners about ten minutes before, before I went to the till—they were at the bar—I went to the till and found the half-crown—there was no other half-crown in the till—I showed it to Polley—it was bad—I put it by itself—afterwards, on the 27th March, I gave it to constable Knight—on 27th March, the two prisoners came to the house together—Saunders nudged Watson's arm, told him to call for a quartern of rum, and gave him a florin—he asked for the quartern of rum—I served him—he gave a two-shilling piece in payment—I immediately looked at it, went into the parlour, and while I was there Saunders ran away—my fellow-servant ran out and followed her—I was away in the parlour about two minutes, and when I came back she was gone—Watson was there when I came back—I gave him into custody—my fellow barman had gone out while I was away—he brought Saunders back—I gave the florin to the constable.
COURT. Q. Was it bad? A. Yes—I did not receive the half-crown from Saunders three weeks before, but I found it in the till—Saunders is the young man I gave the half-crown to.
WILLIAM MORRIS . I keep the Pitt's Head, Bermondsey—on 26th March Watson came there, and I believe Saunders, at about four minutes to 12 at night—I am sure of Watson, and of Saunders to the best of my belief—they came together with a lad—Watson called for a pint of half-and-half—he paid in coppers—he then asked for a gallon of beer in a stone bottle—the price of that was 1s. for the beer, and 8d. for the bottle—he gave a florin in payment—I gave him the change, and put the florin aside on the counter—they went away immediately—about half a minute after they were gone I looked at the florin, and found it was bad—on the following morning I gave that florin to the policeman.
WILLIAM KNIGHT (Policeman, N 177). On 27th March I was sent for to the Pitt's Head, and Watson was given into my custody—Polley gave me a counterfeit florin and half-a-crown (produced)—I searched Watson, and found one shilling and twopence.
EDWARD BROWNING (Policeman, N 158). I took Saunders in custody in the Kent-road—I was present at the station when she was searched—two good sixpences were found on her—I produce the florin received from Mr. Morris.
saunder's Defence. The money I had was what my husband gave me.
Watson. We have been married twenty-one years—this is my certificate (produced)—a witness outside was present at the marriage—Ann Saunders is my wife's maiden name—I told her to give it—George Watson is not my name, only the name I have gone by—(The certificate was in the name of Garrett)—my mother, Sarah Garrett, is outside, who was present.
penalservitude—ImayknowSarahGarrettbysight,butnotbyname.penal servitude—I may know Sarah Garrett by sight, but not by name
SAUNDERS.— NOT GUILTY .
MR. POLAND conducted the Prosecution.
NOT GUILTY .
Case omitted from the Third Court, Thursday.
Before Mr. Common Serjeant.
ADJOURNED TO MONDAY, MAY, 7,1866.
πThe following Prisoners, upon whom the Judgment of the Court was respited at the time of the Trial, have since been sentenced as under:
Vol. lxiii. Page. Sentence.