CENTRAL CRIMINAL COURT
SEVENTH SESSION, HELD MAY 7TH, 1866.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
BUTTERWORTHS, 7, FLEET STREET
Law Publishers to the Queen's Most Excellent Majesty.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, May 7th, 1866, and following days,
BEFORE THE RIGHT HON. BENJAMIN SAMUEL PHILLIPS, LORD MAYOR of the City of London; the Hon. Sir WILLIAM FRY CHANNELL, Knt., one of the Barons of Her Majesty's Court of Exchequer; the Hon. Sir EDWARD MONTAGUE SMITH , Knt., one of the Justices of Her Majesty's Court of Common Pleas; THOMAS SIDNEY, Esq.; Sir ROBERT WALTER CARDEN, Knt.; JOHN CARTER , Esq., F.A.S. and F.R.A.S., Aldermen of the said City; RUSSELL GURNEY, Esq., Q.C., M.P., Recorder of the said City; JOHN JOSEPH MECHI, Esq.; JAMES CLARKE LAWRENCE, Esq.; and ROBERT BESLEY, Esq., Aldermen of the said City; THOMAS CHAMBERS , Esq., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR, Esq., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
SILLS JOHN GIBBONS, Esq. Alderman.
JAMES FIGGINS, Esq.
HENRY DUFFETT, Esq.
CYRIL MORTIMER MURRAY RAWLINS, Esq
CENTRAL CRIMINAL COURT.
PHILLIPS, MAYOR. SEVENTH 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, May 7th, 1866.
Before Mr. Recorder.
GEORGE FRANCIS PENNY . I am the son of Mr. Penny, who keeps the Crown and Dolphin, Cannon-street-road—on 12th April the prisoner came in with another—I served him with a pint of half-and-half—he gave me a bad shilling in payment—this is it (produced)—I told him it was bad—he did not say anything, but the other man who was with him said he had not given anything—I gave them both into custody.
Prisoner. Q. Did I give you the bad shilling? A. No; the other man—you came in together—you both drank the half-and-half.
WILLIAM EADY . I am barman at the Crown and Dolphin—in July last I was barman at the Crosby Head, Hoxton—on a Monday in July the prisoner came to the bar, had some drink, and gave a bad shilling in payment—I bent it and gave it him back, telling him it was bad—he said he did not know it, and paid me in good money—he came again on the Friday or Saturday in the same week and asked for half a quartern of rum and a glass of stout—he gave me a shilling—it bent very easily—I told him it was bad, and also told him he was the man that had given me a bad shilling on the Monday—he denied it—I said I was not mistaken, I could swear to him—I gave him the bad shilling back and he paid me in good money—I afterwards went as barman to the Crown and Dolphin, and on 12th April I saw the prisoner come in with another person—I recognised him directly—I said something to the barman, who afterwards showed me a bad shilling—a constable was sent for and they were given into custody.
JAMES WILLIAM CLIFFORD . I keep the Old George public-house, Bethnal-green-road—on the 17th April, about 9 o'clock, the prisoner came there for half a pint of beer, and gave me a bad shilling—I bent it in my mouth and gave it to him back, and told him I should lock him up if he ever came into my house again—he then gave me a good shilling and took the bad one away with him—about half an hour afterwards he came in again—the barmaid then served him—I spoke to her as soon as I saw him—she handed me a bad shilling—I then sent for a constable and gave him in charge.
MARGARET HAYES . I am barmaid at the Old George public-house—on 17th April the prisoner came in and asked for half a quartern of rum, which came to 3d—he gave me a shilling which I handed to Clifford.
GUILTY .— Confined Twelve Months .
MR. STRAIGHT conducted the Prosecution.
ROSA MOONEY . I live with Mr. Lucas, who keeps a cookshop at 38, Orchard-street, Westminster—on Thursday, 26th April, about three o'clock, the prisoner came in with somebody else—they had some roast pork, greens, and potatoes—Mr. Lucas served them—he gave him 8d. for two dinners—he had two pennyworth of pudding after that—I served him with it and he gave me half-a-crown; I had not got change, and I gave it to Mr. Lucas—he said, "It is a bad one"—the prisoner heard that and went to the door and tried to get away—Mrs. Lucas he said, "You pay me for the pudding and then you may go"—he wanted the half-crown back but did not get it—they went up to the top of the street, and when they saw the policeman they ran away.
Prisoner. Q. Was the half-crown laid on the counter, or did I give it to you? A. You gave it to me.
EDWARD LUCAS . I live with my mother at 36, Orchard-street—on 26th April the prisoner was in my shop eating some pudding—Rosa Mooney called me to give change of the half-crown—it was a bad one—I went round to my mother who was standing at the door, and said, "Mother, here is a duffer"—I bent it in my teeth—the prisoner and the other man wanted me to give them the half-crown back—I would not—I said, "If you pay me for the pudding you may go"—they would not—they got out in the street, and when they saw two policemen coming they ran away.
CHARLES KING . I am a hairdresser at 5, Little Chapel-street, West-minster—on 26th April I was standing at the corner of Orchard-street about three o'clock—I saw the prisoner and his friend come running down the street in the direction from Mrs. Lucas's—he had been in my shop about half an hour previous and had his hair cut—I particularly noticed him when he got down Little Chapel-street—I saw him throw something into the churchyard, through the railings—he kept on running till he got to the end of Gardener's-lane, when the policeman stopped him—I climbed over the railings, and about three yards from the railings I picked up seven bad half-crowns in a purse—they were all separately rolled up in paper—this (produced) is the purse.
Prisoner. Q. Are you quite sure you saw me throw it? A. Yes—the man was before you.
WILLIAM BATSTON (Policeman, B 298), On 26th April I saw the prisoner and another man running down Chapel-street—I ran after them, and overtook Phillips at the corner of Gardener's-lane—I told him he would have to go to the station with me—I did not find the other man—I received this half-crown (produced) from Mrs. Lucas, and these seven half-crowns from the last witness.
MR. STRAIGHT conducted the Prosecution, MR. COOPER the Defence.
MARGARET LOWDEN . I am barmaid at the Redan public house, Farringdon-street—on 11th April the prisoners came there—the man called for a glass of rum and a glass of stout, and the woman gave me a bad shilling—I gave it to Mr. Ford, the landlord, who was standing behind me.
WILLIAM MARSHALL FORD . I keep the Redan—I saw the prisoners in the house—they tendered a shilling—the barmaid placed it in the detector, and finding it was bad handed it to me—I saw it was bad immediately—I then inquired of the prisoners if they had any more—they appeared very indignant at my putting such a question—the male prisoner then gave me a good half-crown and I gave him 2s. 2½d. change-they took the bad shilling back—when they left I followed them to Mr. Vidler's, the Grapes, in farringdon-street—they went in at one compartment and I went in at the other—they wanted 2s. 6d. there in exchange for half-a-crown, which I believe the landlord refused—I then watched them across the road into Mr. Thorpe's, another house in Farringdon-street—the male prisoner remained outside and the female went in, had something to drink, and came out again—I spoke to Mr. Thorpe, and then followed them into Fleet-street and Bride-lane—they stood in conversation there some time—the officer on duty came up and I spoke to him—they went into Cogers' Hall, a public house in Bride-lane—I saw the barman and told him something—I did not lose sight of them at all.
THOMAS ANSTEY . I am a tailor—on the evening of 11th April Mr. Ford pointed out the two prisoners to me—they were walking together in Farringdon-street—I saw them go into the Grapes—after they came out I saw them in conversation by the Old Fleet wall—I saw something in the woman's hand which had the appearance of paper.
FREDERICK WINTER . I am barman at the Cogers' Hall in Bridelane—on the evening of 11th April, a little after six, the male prisoner came in and asked for a glass of half-and-half and gave me a shilling; I tried it, it was bad—he asked me to give it him back, but I kept it, and he gave me another, a good one, and I gave him 10½d. change—while I was speaking to him the female prisoner came in and asked for a glass of half-and-half, and paid in copper—she spoke to the male prisoner and he went out, she remained—Mr. Ford came in with the constable, and I gave the shilling to him—this is it.
Cross-examined. Q. What did you do with the shilling when you received it? A. I put it on the sideboard till I gave it to the policeman.
SAMUEL SMITH (City-policeman, 386). I was called into the Gogers' Hall and received the prisoners in custody—Mr. Ford had pointed them out to me in Fleet-street—I searched the male prisoner at the station, and found
on him two good half-crowns, a shilling, and sixpence, and 4½d, in copper, all good,
MR. FORD (re-examined). This is not the same shilling that my barmaid gave me.
MR. WEBSTER. This is a bad shilling.
THOMAS HOLLOWAY— GUILTY .— Confined Twelve Month , JANE HOLLOWAY— GUILTY .— Confined Six Months .
MR. CARTER conducted the Prosecution, and MR. COLLINS the Defence.
GEORGE WHITE . I am a police-constable, stationed at Arlington, which is, a village between West Drayton and Hounslow—on 19th April, in consequence of information, I went on the road to Hounslow—I saw two carts loaded with hay in front of the White Bear public-house, in charge of the prisoner and his brother—they were baiting their horses—I spoke to the prisoner's brother Emmanuel in the prisoner's presence, and said I wanted to look and see what he had got in his cart—by his permission I got on the load, and there found six dead fowls in a bushel-basket, with the name of "Steptoe" upon it—that is the prisoner's stepfather, for whom he works—the basket was down in the hay, covered over with a little bit of green stuff—I got down into the road with the basket—the prisoner's brother had then gone—I asked the prisoner how he became possessed of the fowls—he said, "I brought them from home, and am going to take them up the road to sell"—I took him into custody, and took him to Arlington police-station in a fly—he opened the door of the fly on the road and wanted to get out, but I prevented him—I put him in a room at the Arlington station—there is no look-up there, and he managed to slip out unawares, and ran across the fields—he was taken in about a quarter of an hour after and brought back—I produce the heads and legs of the fowls, and a wing of each—Mr. Naylor saw the fowls when they were whole.
Cross-examined. Q. Was the cart full of hay? A. Yes, packed in the usual manner—if the basket had not been pressed a little into the hay, it would have fallen off—the prisoner did not say, "We brought them from home,"—he said, "I brought them"—he was then about six miles from Mr. Steptoe's.
CHARLES NAYLOR I am a market-gardener, at Arlington—I had a number of fowls—they were kept in a brick-built out-house, about nine feet from the dwelling-house—I had fourteen on Wednesday, the 18th, and they were locked up at night—on the morning of 19th, I found the door broken open, and twelve of the fowls gone—I gave information to the police, and between 2 and 3 in the afternoon, I saw six fowls in a basket, three of which belonged to me—I knew them by their colour and general appearance—they had got their right wings cut, and one of the hens had lost a claw from one of the feet.
Cross-examined. Q. I suppose you have seen a fowl with the nail off before? A. No—I have seen fowls, with the same kind of feathers—I generally shut them up at night.
know my father's fowls—there was one minus a claw, a light-coloured hen—I saw it afterwards, and could speak to it decidedly.
MR. COLLINS called—
GEORGE WALLIS . I live at Tipstone Harmondsworth, and am a labourer, in the employ of Mr. Steptoe—he is a hay-dealer, keeping several horses and carts—the prisoner was also in his employ—I remember 18th April—I went to Cookham that day with the prisoner and his brother Emmanuel—we each drove a cart—we started about 7 in the morning—the prisoner drove a black horse, and Emmanuel a white one—they almost always drove those two horses—we returned home between 11 and 12 at night, and when we had shut up the horses we went up to bed together, I and the prisoner and his brother, and a young man who is outside—the prisoner and I slept in the same bed, and Emmanuel slept in another room—the prisoner got up about 6 o'clock next morning, and they started out of the yard with their horses after loading the hay—the prisoner drove a black horse that morning, and Emmanuel a white one.
Cross-examined. Q. How do you know that? A. Because I saw them—they always drove the same coloured horses, except when the prisoner went out in the shay-cart on a Sunday, then he drove a white one, because the black horse kicks in the shay-cart—I never saw anything of these fowls—I drove a brown horse—I saw the carts loaded, and saw them go away—Emmanuel went first—he drove the white horse—I helped to load the carts—I saw them finished loading—I saw no basket of fowls in either cart at that time.
GEORGE TOMKTNS . I am a fellow-labourer of the last witness, at Mr. Steptoe's—I went with him on 18th to Cookham, and came back at night between 10 and 11—I slept in the same room as the prisoner and Wallis—I got up between 5 and 6 in the morning—I saw the carts loaded with hay—the prisoner drove a black mare, and his brother a white one—that was their usual custom.
Cross-examined. Q. I suppose you were sound asleep a few minutes after you got into bed? A. I don't know—I know nothing about what happened in the night—if any one had left the room I should have heard them.
NOT GUILTY .
MR. LANGFORD, for the Prosecution, offered no evidence.
NOT GUILTY .
JOHN SOMERS . I am a gentleman's coachman, and live at 45, Shoe-lane—I occupy a front and back room on the second floor—on the afternoon of 9th of April, about half-past 4 o'clock, I heard strange footsteps—I jumped up and saw that the bedclothes were all stripped off the bed—I heard some one run down stairs, and I and my daughter ran down after them as fast as we could—I saw the prisoner going along a few yards from the house with some things on his shoulder—we pursued him; a struggle ensued, and we all three fell down in the mud together—it was raining very hard at the time—I took him back to the house, sent for a policeman, and gave him in charge—I do not rent the whole house; Mr. Pontifex is the owner—he does
not occupy any part of it—there is an outer door, which is kept open for my convenience—I have the exclusive use of it—these clothes (produced) are mine.
Prisoner. Q. Did not you say at the Police-court that you did not see me with the bundle? A. No—you were carrying it on your shoulder, and when I seized you it fell into Mr. Pontifex's shop.
EMMELINE SOMERS . I ran down stairs after my father, and saw the prisoner with a bundle on his left shoulder going down Shoe-lane—my father ran and caught hold of him—he tried t get away, and I caught hold of him, and we all fell down in the mud together, and the bundle fell off his shoulder—these are the things—they belong to my father.
Prisoners Defence. I know nothing about it. I was walking by when he came and collared me. GUILTY .— Confined Nine Months .
MR. LANGFORD conducted the Prosecution.
HENRY PORT . I am an ostler, and live in Fig Tree-court, Barbican—on Saturday, 17th April, about 4 in the afternoon, I was at the Black Horse, Barbican, in a public compartment of the bar—I afterwards came out of there and went into the private compartment—I saw the prisoner there—she had a knife in her hand, and she put it into my right thigh, saying, "That is the b—that stabbed me"—I had never said or done anything to her—she did it directly I went in—I saw the knife in her hand and tried to get it out, but could not—I was taken to St. Bartholomew's Hospital, and was there a fortnight—there was no one but the prisoner in the private department—I think she had been drinking a little—three days before she had threatened she would rip my inside out for me—a man named Dan Saunders had died in the hospital, and the prisoner said I had kicked him and killed him.
JOHN BLAKE . I am barman at the Black Horse—on Saturday afternoon, 14th April, about 4 o'clock, I saw Port there, in the public department, and the prisoner in the private department—I served her with half a pint of beer—some man went round and asked her if she would have half a pint of beer—she said, "No"—he said, "Let her have a pot of the best half-and-half"—I said I should not serve her with any more—he put his arm round her neck—I said, "Look out, for she is no good"—she said, "Enough of that, or I will have your blood"—as she put her hand in her pocket, the man went out by a small door into the public department—Port was then just coming in at the private door, and by that time she had the penknife in her hand, and she rushed it into his thigh—a man named Willis caught hold of her and took the knife from her—this is it (produced)—Port had not spoken to her—he was sober—I think she was quite sober.
VINCENT FREDERICK ECK . I am house-surgeon at St. Bartholomew's Hospital—Port was brought there on 14th April—I examined him—he had received a punctured wound in the upper part of the outside of the right thigh—it was about two inches deep—there was no vessel of any consequence wounded—it was such a wound as this instrument would be likely to make. GUILTY.—Recommended to mercy on account of her age. — Confined Twelve Months .
The following prisoners PLEADED GUILTY :—
— Confined Three Months . [Pleaded guilty: See original trial image.]
438. GEORGE SIMPSON (17) , to stealing 2 watches and other articles, the property of Caroline Brewer, his mistress, and afterwards burglariously breaking out of said dwelling-house.— Confined Nine Months . [Pleaded guilty: See original trial image.]
439. WILLIAM HOLLINGTON (29) , to stealing 75 yards of canvas, value 8l. 10s., the property of Charles Southgate, his master.— He received a good character.— Confined Six Months . [Pleaded guilty: See original trial image.]
440. JAMES HENRY SMITH (27) , to stealing 5l. the money of Henry Starr, his master, who stated that his deficiency in four years amounted to about 100l. — Five Years' Penal Servitude . [Pleaded guilty: See original trial image.]
442. GEORGE GILHEEBY (14) , to forging and uttering a request for the delivery of goods; also, stealing 4 brooches, and obtaining 5l. by false pretences.— Confined Fifteen Months . [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, May 7th, 1866.
Before Mr. Common Serjeant.
Confined Fifteen Months .
WILLIAM GREEN (City-policeman, 230). On 8th April, about half-past 11 in the morning, I was on duty in St. Paul's-church-yard, and saw the prisoners—I followed them towards Thames-street, and when they got to the White Swan, John passed something to Sarah—he remained twenty yards from the house while she went in—he joined her when she came out, and she gave him something—I went in, and this sixpence (produced) was given to me—I bit a piece out of it—I followed the prisoners to the Coal Exchange tavern—Sarah went in, and when she came out she passed something to John—they walked on, and I went in and received this bad sixpence (produced)—I got assistance, and took John—I saw something in his left hand—I took hold of it, and we struggled—he got his head down, put his mouth to his hand, and threw himself back—I put my hand to his throat, and he swallowed something, I do not know what—I took him to the station, and found on him 3l. 10s. in good money, and 14d. in copper—7s. 6d. was found on Sarah, but no copper.
RICHARD SMITH (City-policeman, 808). On 5th April, about 12 o'clock, I assisted Green, and saw the prisoner John put his left hand to his mouth—I let go of Sarah, who I had taken; and seized John by the throat, but he swallowed something—I found 7s. 6d. in Sarah's hand.
Cross-examined. Q. Was she ready to part with it? A. No, she held her hand tight.
GEORGIANA TAYLOR . I am barmaid at the White Swan, Upper Thames-street—on 5th April, the prisoner Sarah came in for three halfpenny-worth of gin and peppermint—she put down sixpence—I gave her four-pence half-penny change, and she left—I put the sixpence on the other side of the till, in which were three sixpences, but this was brighter than they were—Green
came in directly, and I took the sixpence from the till, and gave it to him—I am sure it was the same—I saw him bite it—this is it.
Cross-examined. Q. Did you mark it? A. No; I always look at money before I put it in the till, to see whether it is good—I have not brought the other three sixpences here—I did not keep them—the landlady also serves.
SARAH ANN BRIND . My father keeps the Coal Exchange tavern, St. Mary-at-Hill—on 5th April, about two minutes to 12, the female prisoner came in for a glass of porter, which came to a penny—she gave me sixpence—I put it in the till—there were other sixpences there; but it was a rather dark one—this is it—I gave her 5d. change, and she left directly—a policeman came in about three minutes afterwards—I took out the six-pence which was on the top of the other money, and gave it to him—he bent it—I had not served any one in the meantime.
Cross-examined. Q. Did you put it into the drawer, and shut the drawer? A. Yes—I cannot tell how many sixpences were in the drawer.
MARY FISHER . I am the niece of George Fisher, of the Albert public house, Victoria-street, Westminster—on Saturday night, 7th April, about quarter to 11 o'clock, Johnson came in with a woman, and asked for a pint of ale, which came to 3d.—he gave me a bad half-crown—I gave it to my uncle—I did not tell Jhonson it was bad—they did not have the beer, but went away together—we kept the half-crown.
Johnson. I was not in the house at all. Witness. I am sure you are the person.
GEORGE FISHER . On the night of 7th April, both the prisoners came into my house—my niece brought me a bad half-crown—I spoke to Johnson about it—he pretended to be tipsy, and I asked a person to push him outside—I marked the half-crown, and gave it to ft policeman—next night, about 7 o'clock, I saw the prisoners in my bar again—I watched them from behind a door—Johnson put down a half-crown—my bar-maid brought it to me—it was bad—I marked it, and gave it to the policeman—I was outside looking for a policeman when the prisoners came out.
Johnson. Q. Did you not say at the station, "I think this is the one?" A. No, nor did you say, "Thinking will not do"—there are five doors to my house—one goes to Brewer's-green. two are in Victoria-street, and one is in Plummer's-passage—you waited ten minutes possibly while I went for a policeman.
MR. COLERIDGE. Q. Could he have got away without your stopping him? A. No, they both saw that.
ELIZA COLE . I am barmaid at the Albert—I was serving in the bar on Sunday evening, 8th April—the prisoners came in, and the woman called for a pint of porter—she paid with 2d.—the man then called for a quartern of gin, and put down a half-crown—I saw that it was bad, and gave it to Mr. Fisher—I saw him give it to the constable—the male prisoner stood there, and said that he wanted his change—he was sober—I cannot swear to the female prisoner, as I was very busy.
half-crown—the male prisoner said, "It cannot be bad"—the female said, "I could not be in your house last night, as I was at work till late over in Little Windmill-street."
Lancy' Statement before the Magistrate. I was not in the man's company at any time on Saturday night; I was working in Little Windmill-street from twenty minutes past 7 in the morning till between 9 and 10 at night; I came across the park, and went to Amherst's, the pawnbroker's, in York-street, at two minutes past 10; I saw a woman in there, who promised to be here to-day; I was not out of her company till after 12o'clock. At the time Mr. Fisher says I was in his house, I was in her room with her husband, having some bread and cheese.
Johnson's Defence. There are four doors to the house; Mr. Fisher went out for twenty minutes, and I remained there; if I had been guilty, should I have stayed, or should I have gone there on Monday to pass a half-crown, after having been turned out on the Sunday?
JOHNSON, GUITLY .— confined Nine months LANCY, GUILTY .— confined six Months .
MR. COLERIDGE conducted the Prosecution, and MR. WARNER SLEIGH the Defence.
WILHELMINA LANGENSCHEID . I am the wife of Carl Langenscheid, who keeps dining-rooms at 1 and 2, Mincing-lane—one day in April, between 1 and 2 o'clock, the prisoner came in for a glass of ale, which came to 2d.—he gave me a bad shilling—I kept it in my hand, and he gave me a good one, and I gave him the change—he drank the beer, and asked me for the bad one back—I refused to give it to him—my husband sent for a policeman, and the prisoner put something in his mouth, and tried to swallow it—he tried to escape, but my husband stopped him outside the door—I gave the bad shilling to my husband.
CARL LANGENSCHEID . I was in the shop when the prisoner came in—my wife refused the bad shilling, and some gentleman said, "Stop him, and call a policeman, he is putting something into his month"—I sent the waiter for an officer, and waited outside to see if one was coming—a gentleman spoke to me, and the prisoner rushed out of the shop—I laid hold of him, brought him back, and put him on a seat in the shop—he was biting something, which he was trying to swallow—he said, "I am cabman, here is my badge, let me go"—I said, "I have nothing to do with it; you can produce it before the Magistrate to-morrow"—a policeman took him in charge—a gentleman seized his throat, and squeezed it, and a shilling came out of his mouth, broken in two or three bits—I gave the policeman the shilling I received from my wife.
Cross-examined. Q. Did he put something into his mouth before anything was said about a policeman? A. Yes.
ANDREWS (City-policeman, 542). The prisoner was given into my custody—I said that it was for passing a bad shilling—he said, "you make a mistake"—after we went out, he had something in his mouth, and, with the assistance of another officer, we seized his throat, and he spat out two parts of a shilling—I took him to the station—he was searched, and four good shillings, a badge and licence, and a small locket were found on him—I received these two bad shillings from Mr. Langenscheid.
Cross-examined. Q. Why did you get the assistance of another officer; did he struggle? A. No; but I had the shilling in my other hand.
Cross-examined. Q. Are they made in the same mould? A. No, it does not fallow that people in the habit of coining press coins from the same mould. The prisoner received a good character. NOT GUILTY .
and MR. M. WILLIAMS defended Downes.
WILLIAM GORDON (Policeman, (C 33). On 14th April I was on duty in the Haymarket in plain clothes a little after 5 o'clock, and saw the three prisoners walking together—they went into Arundel-street, where the women sat down on the ground, and Dunn stood in front of them talking to them for a quarter of an hour—they got up, and Dunn walked six yards in front of them into Newport-market, then into Lichfield-street, where they stopped talking some considerable time—Dunn then went in front of them into Garrick-street, St. Martin's-lane, where they joined again, and went into Chandos-street—Dunn then kept nine or ten yards in front of them, and I saw him give Jones some postage stamps—she went into a public house and offered them for sale—they then went into Maiden-lane, and all walked up and down—I saw Dunn give Jones half a crown—she handed it to Downes, and they went into Mr. Collins's, a butcher's—I went in and saw Downes put down a half-crown—the woman who took it up said something, and gave it back to herthey collected some money between them, and afterwards got their meat, and joined Dunn, in sight of the shop—they then went into Wellington-street—I got two policemen, and went and seized Dunn at the corner of Waterloo-place—he wrenched himself away from me, and made a blow at my head, but I stooped, and then put out my foot and tripped him up—he took three half-crowns in paper from his waistcoat pocket, and kicked them into the gutter—they turned out to be bad—he was taken to the station, and a half-crown, twelve shillings, four sixpences, and 2d. were found on him.
Cross-examined by MR. WILLIAMS. Q. How long did you watch them? A. About two hours—Downes gave me her correct address.
Jones. Q. Was I not knocked down? A. You threw yourself on the ground, and were very violent
NELSON KING . I am in the service of Mrs. Collins, a butcher, of Maiden-lane—on 14th April Jones and Downes came in—Downes asked for four pennyworth of meat, and gave my mistress a half-crown—I looked at it—it was bad—my mistress told me to chop it in half, but I only marked it with my teeth—my mistress gave it back to Downes—this is it (produced)—I know it by my mark—they went away, taking it with them.
Cross-examined. Q. When they were told that it was bad did they appear surprised? A. Yes.
JAMES CASTELL (Policeman). I assisted Gordon in taking Dunn—I was in uniform—as soon as Gordon caught hold of Dunn's hands, he made a wrench, and made a drive at Gordon's head with his fist—I saw him take something in paper from his waistcoat pocket, throw it on to the ground, and put it in the gutter with his foot—I picked up two half-crowns, and there were three florins in the paper—I produce them—I took Downes, handed her to a hackney carriage man, and assisted Gordon with Dunn as he was very violent.
Jones's Define. I was in the Haymarket with Downes; we met this man, and asked him to treat us; he said that he would if we would change some postage stamps for him. I tried to do so in two public houses, but could not. I said, "I will go in here and change them," he said, "Never mind, here is a half-crown, take that," and in we went, and bought some meat—I gave the half-crown, and the lady said that it was bad.— NOT GUILTY .
448. ELIZABETH JONES and BRIDGET DOWNES were again indicted for unlawfully having counterfeit coin in their possession, with intent to utter it, . upon which MR. COLERIDGE offered no evidence. NOT GUILTY
MR. GENT conducted the Prosecution.
HYAM FIRTH (Policeman, F 156). On 4th April, about half past one in the morning, I was on duty in Dudley-street, Seven-dials, and saw the prisoner and another person folding something up on the doorstep of 42, Dudley-street, the prosecutor's—I went towards them, and they ran away—the prisoner had the bundle under his arm, and the other had something in his hand—I pursued them, and they dropped the bundle about 100 yards off, and got away—I picked it up—it contained six pairs of boots—some one picked up two other pairs of boots and brought them to me—I am certain the prisoner is one of them—I picked him out at the station about a week afterwards from, I should think, thirty people.
Prisoner. Had not the other two constables pointed me out to you before I was apprehended? Witness. No.
CORNELIUS COLLINS . I live at 42, Dudley-street, Seven-dials—when I opened my shop on 3d April I missed 8 pair of Wellington boots—these are them—they are all mine—I had closed my shop and parlour at half-past nine, and secured them—the boots were all on the racks then—I went to my sister-in-law's, next door, and remained till half-past twelve—the door was secure when I returned, but the parlour door was partly open—I saw everything secure in the parlour, but never gave the shop a thought—there is a door from the parlour to the shop, and a door from the parlour to the passage—when I came home, the common passage parlour door, which leads out of the yard, was wide open—it had been secure about half-past twelve—I do not know how it had been opened—I had locked it, and had the key in my pocket—I left no one there who had a right to go in—it communicates with the parlour, and there is a door from the parlour to the shop—I got up at eight and missed the boots—I do not know the prisoner.
JOHN DOWDELL (Policeman, F 175.) I took the prisoner from a description I received from Firth, at a public-house in Seven-dials, on 9th April, at 10 o'clock at night—I told him it was on suspicion of being concerned with a man not in custody, in breaking and entering a house, 42, Dudley-street—he said, "I will go quiet"—on the way to the Court next morning, he said, "You have got it up very well for me; why do not you get the other two as well, you know them very well?"—I have known the prisoner two or three years—the other constable took me to the station to identify the prisoner—there were thirty persons in the yard, and the prisoner had his choice to place himself where he liked—the constable came in, went straight to him, and identified him directly.
Prisoner. When I asked you what it was for you said, "On suspicion of a robbery." Witness. Burglary I told you—I did not at first refuse to tell you the charge.
Prisoner's Defence. I am innocent—I can prove where I was—I have lived in the neighbourhood all my life—I believe it is a planned thing between them to have me for it—none of the other men had a slop on like me—what I said was, "You have planned this up very well between you—it would be more to your credit to go and get them that has done it."
NOT GUILTY .
OLD COURT.—Tuesday, May 8th, 1866.
Before Mr. Recorder.
GEORGE CRISP (City-Policeman, 424.) On Monday, 30th April, about two minutes past twelve at noon, I was near Mr. Houghton's shop, and saw the three prisoners together—I saw a gentleman looking in at the shop on the left-hand corner of the window, and next to him was the prisoner Robinson; nearest the window on the other side was Green, and outside of her was Smith—just as I came round to the front of them, I saw Robinson's right arm go, and I saw the gentleman's chain of his watch drop from him—I could not see the hand—I could only see the elbow, between the gentleman and the window—the hand was in front of the gentleman, against his waistcoat—I saw Smith touch Robinson directly she caught sight of me—he stepped back on to his short leg (The prisoner was lame)—and he got between the two females—he had his hand down—I put my arms round the three of them, and called to the gentleman, "You have lost your watch"—they were all standing in a knot, no one else was near them—he felt in his pocket, and said, "I have"—two gentlemen assisted me—they kept the crowd away—there was a boy there, and he said, "He has got the watch in his left hand; there is the watch"—a gentleman seized Robinson's hand, and I took this watch from it—the bow was broken—I believe the prosecutor did not see the watch till we got to the station—he there identified it as his property—Robinson said that some one put it into his hand—he said he had come from Glasgow that morning—the women said nothing—I have got the bow of the watch—at the time we were at the station a gentleman came there, and said the bow had been picked up outside the shop, and taken in to Mr. Houghton, and I went to Mr. Houghton for it.
Robinson. He asked the gentleman if he had lost his watch, and he said, "Yes"—he said, "Did you see this man by the side of you?" He said, "No. On my oath I never saw the man by the side of me at all. I saw the females." Witness. The gentleman did not say that he had not seen Robinson—I asked him to come to the station, and he said, "I can't come now."
Robinson. You ought to have taken the man in custody who gave it into my hand—you saw the man get away. Witness. There was no one near to you, only you three and the gentleman at the corner of the window.
window—I saw the two female prisoners there—a policeman asked me whether I had lost my watch—I told him I had—I looked down at my waistcoat and saw the chain hanging down—my watch was gone—the officer put his arm round the three prisoners, and with assistance they were taken to the station-house—I saw my watch there—it had my initials on the back—when it was in my pocket the bow was on it
Robinson. Q. Did you ever see me by the side of you till you saw me in custody of the policeman? A. I did not.
Robinson's Defence. As for the females I never saw them. I only beg for mercy. I am an unfortunate man to be there that morning; I came from Scotland; I had been to Houndsditch to buy goods; my brother and I have been in the cheap-jack line, travelling about fairs, and getting an honest living. This morning I happened to be standing here and the females by me; a young man said to me, "Hold that a moment." I own I had the watch in my hand. The moment I was asked about it I gave it up. I did not attempt to rescue, or anything like that, because I was not the person that took it. GREEN and SMITH— NOT GUILTY .
ROBINSON— GUILTY .—He also PLEADED GUILTY to a previous conviction in September, 1855, his sentence then was Fourteen Years, and he had been sentenced to Ten Years' Penal Servitude in 1846.**— Seven Years' Penal Servitude .
MR. PLATT conducted the Prosecution.
JAMES WHEELER . I live in Cranford-lane, Heston, and am a baker—about 7 in the evening of 9th April, I was standing outside my shop door—the prisoner was there—he was using very abusive threatening language—I told him he had better go away—he was the worse for liquor—I fancy he knew what he was about—I said, "If you don't go, I will fetch some one to make you go"—he walked away then, then came back again, and came up to me and said, "Oh, you b—, you shall have a hot 'un;" and he struck me on the shoulder—he afterwards followed me, and knocked me down in the road—I ran away from him—he then ran away—Charles Thoms, who is in my service, ran after him—the prisoner got over into a field—I did not see whether Thoms got near to the prisoner—I heard him say, "Oh! Jem, Jem, he has stabbed me"—I could not see him at that time; but I saw him in a few seconds after—he came out of the field, and showed me the wound on his left thigh—his trousers and apron were cut, and he was bleeding very much—the prisoner was running through a pond at that time—he was followed and given into custody—I lost sight of him; I know him well.
CHARLES THOMS . I lodge with and work for Mr. Wheeler—on the morning of 9th, I was coming into the bakehouse from out of the yard—I saw my mistress crying about something—in consequence of what she said, I went after the prisoner—when he saw me running after him, he got over into a field—I went after him and, "I mean having you," and as I went to catch hold of him he stabbed me in the left thigh—I did not see any knife in his hand until I fell down—I fell directly—I then saw a blade of a knife—I bled a good deal—he only stabbed me once; he then ran away through some water—he was not sober—I was confined to my bed for a fortnight—I am getting pretty middling now.
April, the prosecutor was brought to the surgery—I found he had a large wound on the outer side of the upper third of the thigh, about four inche long and two and half deep; it was of a dangerous character—it took place from below upwards—it was caused by a sharp instrument, probably a knife—had the wound commenced where it ended, in all probability it would have proved fatal in a very short time—it would have penetrated the artery and gone into the bowels; he had lost a great deal of blood—the wound is pretty well now.
THOMAS LAWRENCE (Policeman, T 134). From information I took the prisoner into custody, about an hour after the act was committed—he was in a ploughed field; when he saw me he ran away—he was very violent, and appeared to be completely mad with drink—I have not been able to find any knife.
The Prisoner's statement before the Magistrate read: "I am very sorry for what I have done, if I have done anything; but I did not know anything about it; I am not aware that I saw the man before, and therefore I have no ill will against him, and I do not suppose he saw me before."
Prisoner's Defence. I know nothing about it.
GUILTY of unlawfully wounding.**— Confined Eighteen Months .
452. WILLIAM POWELL (24), and HARRIET LUCAS (18), were indicted for a Burglary in the dwelling house of George Samuel Pritchard, and stealing 4 counterpanes and other goods, his property. They were also indicted for 2 other burglaries.
To all these charges POWELL PLEADED GUILTY ; also to a previous con viction in Oct 1857.**— Seven Years' Penal Servitude .
MR. DALEY for the Prosecution offered no evidence against LUCAS.— NOT GUILTY .
MR. COOPER conducted the Prosecution and MR. GRIFFITH the Defence.
LIZZIE MAGEE . I am the wife of Edmund Magee, a clerk, and live at 2, Skinner-street, Shoreditch—on Tuesday evening, 17th April, about 9 o'clock, I was alone—I was about entering the Commercial hotel, and a fellow stood on to the step of the door, and put his hand down my face, and before I had time to resent it, the prisoner knocked me between the shoulders, and sent me forward—the other man hit me back again, and I was hit more than a dozen times, and was kicked in a most violent manner—the prisoner struck me in the eye, and cut it, and the blood oozed out very much—I caught hold of the other fellow's arm, and said I would hold him till a policeman came—his coat sleeve gave way in my hand, and in wrenching himself away I fell back—I am quite sure the prisoner is one of the men—I saw him under the gas—I could see his features—he had a white coat on—I lost my brooch, half a crown, and a key—I screamed very loud several times during the struggle—my cloak was torn, and my dress too—I should known the other man again—I saw him the first day after I left Worship-street, and my husband went with me to secure him, but there was no officer near.
Cross-examined. Q. How far do you live from the Commercial hotel? A. Not a quarter of a mile—the persons who keep the house are friends
of mine—I was going to see them—I was frightened—I had never seen the prisoner before—I saw him again the same night at half-past 12, at Spitalsquare—he was placed with eight other men for me to pick him out
JOHN FIELD . I am waiter at the Commercial hotel, Spitalfields—on the night of 17th April, about half-past 9 o'clock, as I was in the hotel, I heard screams coming from just outside the door—I ran down stairs, went to the door, and saw the prosecutrix—she was then being led into the house by two women—I saw several persons running away—one in particular, that was the prisoner—I am quite sure he is the man—he had a white jacket on—I had known him before, by using the house—I had seen him often—that was the jacket be usually were.
Cross-examined. Q. Were there several persons there? A. Yes; out side the door; there were two or three running away—I saw the back of the man—it was quite sufficient; I was about three or four yards from him; neither of the others had white jackets.
THOMAS WEBB (Policeman, H 120.) About half-past 11, on 17th April, the prosecutrix came to the station, made some complaint, and described the prisoner—in consequence of that I went with another constable to Pearl-street, Spitalfields, and apprehended the prisoner—he was dressed as he is now—I had known him about eighteen months—he usually dressed in a white jacket—I told him the charge—he said he did not do it—he made a desperate attempt to get away—I secured him, and took him to the station—he was seached, and only 3d. worth of halfpence found on him.
The Prisoner's statement before the Magistrate read: "I am innocent of the robbery, I own I did smack her on the side of her face."
GUILTY .**— Twenty lashes with the cat, and Five Years' Penal Servitude .
GUILTY.—Strongly recommended to mercy. — Confined One Week, her father undertaking to procure her a situation .
WILLIAM ABLETT . I am a commercial traveller, and live at 37, Great Cambridge-street, Hackney-road—on the night of 6th April, about 10 o'clock, I was going up Gracechurch-street with my case in my hand—the prisoner came suddenly one of a small passage on my left, struck me, and knocked up against my case—I immediately put up my hand, and found that my watch was gone—I threw down my case and pursued him—I was intercepted by three or four men—one pushed me in the face, and another nearly pushed me down—I got away from them, and pursued the prisoner, crying out, "Stop thief!" down Leadenhall-market, till the night watchman stopped him in the passage—I never lost sight of him—a policeman came up, and I gave him in charge for stealing my watch—he said he had not got it—the watch has not been found—I saw the prisoner pass it from his hand to another, who intercepted me—it was worth more than 12l.
and saw the prisoner come running up Half-moon-passage—I stopped him till the prosecutor came up with the officer.
GUILTY .— Confined Eighteen Months .
JOHN DRISCOLL and O'NEAL PLEADED GUILTY .— Confined Twelve Months each .
MR. DALEY conducted the Prosecution, and MR. PATER the Defence.
PATRICK BROPHY . I am a pensioner from the 55th Regiment of Foot—on Sunday night, 13th April, about 12 o'clock, I was convenient to Drury-lane—two men came up to me and robbed me—one knocked me down, and the other took off my coat with my two medals on it—it was the two prisoners who have pleaded guilty—they were the only two that robbed me, but there were four persons that I observed; I had seen William Driscoll previously, but I won't swear against him; I will let him off—he was about twenty-five or thirty yards from me at the time—he was alone—as I was going to the Police-court, last Saturday morning, I saw William Driscoll, O'Neal, and another man—O'Neal spoke to me, and asked if I was going to prosecute—I said it was a thing I did not like to do, but I could not do without my medals and discharge papers and my coat—he said, "If you get your medals, coat, and other things, will you leave London, and not prosecute?"—"To be sure I will," said I; so after the lapse of two or three minutes he pulled my two medals out of his pocket, and gave them to me—William Driscoll said he was the man's brother, and he gave me half a crown not to prosecute—I am almost sure I saw William Driscoll near the spot when I was robbed—I have a doubt—I had not known him before—I am sure he was the person that was standing twenty or thirty yards off at the time I was robbed.
Cross-examined. Q. You are quite certain he was not one of the persons who attacked you? A. I am confidently sure he was not.
RICHARD CASH (Policeman, F 97.) On Saturday last, about a quarter past eleven, I was on duty passing through Broad-court, and saw William Driscoll, O'Neal, and another not in custody—O'Neal was in the act of folding up this coat (produced), and William Driscoll was standing close to them—I watched them, they went down the street—the prosecutor afterwards gave William Driscoll into custody.
ROBERT GILLETT (Policeman, F 60.) On Sunday night, 29th April, about half past eleven, I was on duty in Drury-lane, and saw all the three prisoners standing at the corner of Lincoln-court with another not in custody—I heard of the robbery about ten minutes afterwards.
WILLIAM SCOTT (Policeman, N 44.) At half-past two on the morning of 27th April, I was on duty in the neighbourhood of Essex-street, Islington, and saw the prisoner there with another man, each carrying a bundle—I spoke to them and said, "I want to speak to you," they both ran away immediately, and as they passed over the canal bridge, they threw the bundles into the canal—I overtook the prisoner, and handed him over to another policeman—I then went down to the canal and got this bundle
out, it contains a shawl and a dress; the other bundle went to the bottom, I did not get that—I went back to the prisoner and took him to the station with the bundle—before I opened it, I asked him what it contained, he said he did not know—I asked him where he got it, he said from the other man, whom he met near the Thatched-house, but he did not know where be got it—I asked him what was in the other bundle, he said spoons and forks, and a table-cloth, he did not know whether they were silver or not; he said, "It is no use telling you how I got it, I shall only convict myself, you will find out."
CHARLES RICHARD PARRY . I am a bookseller, of 1, Cambridge-terrace, Islington—on the night of 26th April, I went to bed about half-past eleven—my house was then safe to the best of my knowledge—I was called up in the morning about seven o'clock—shortly after my servant who went down came and told me something—I went and looked, and found the plate basket had been emptied of its contents—I found the shutters up, and the kitchen window opened at the bottom—I went to the police-station and gave information.
ANNE TANDY . I am in the service of Mr. Parry—on 26th April I went to bed about eleven, everything was safe at that time—the shutters of the kitchen window were fast and the window closed—I came down in the morning a little after seven, I then found the window open, and everything taken out of the plate-basket—I found it on the table empty—I had left it in the cupboard at night—I missed a dress and a shawl of my own from the kitchen—those produced are them.
Prisoner's Defence. I was carrying the parcel for another person.
GUILTY . He also PLEADED GUILTY to a previous conviction of felony in April last/— Confined Eighteen Months .
JOHN KELLY . I am a seaman, and live at 1, Old Gravel-lane—I was in Gravel-lane on the Thursday before Good Friday between one and three o'clock—as I was going home I met the prisoner, and went home with her, and was in her company some part of Friday—after that I met her now and then as I came out of the boarding-house, and on Good Friday night I went home with her—we had no drink in the house—I had been drinking through the day—I was sitting there talking—I began joking with another woman—there was a row out in the yard—I went to look out of window, and the first thing I noticed was that I got the sugar-basin right in my eye—the prisoner was standing close to me—I had given her no provocation—we had no quarrel—she was not sober—I was sober enough to know how to behave myself—I can't account for her striking me—I have lost the sight of my eye, my eyelid is disfigured, and my constitution injured—I have never been well since.
Prisoner. He was intoxicated, and fell on the fender. Witness. I did not—this (produced) is the basin she struck with me, it was not thrown at me, she hit me with it right in the eye, and it fell and got broken like this.
GEORGE ARTHUR ROGERS . I am house surgeon at the London Hospital—the prosecutor was brought there on Good Friday evening with a lacerated wound of the upper and lower eyelids, and also a wound of the eyeball—I should say it was more likely to be done by an instrument like this basin
than by a fall—it might have been done by a fall on the fender, but I should think it was by some instrument.
WILLIAM FREESTONE (Policeman, K 58.) I took the prisoner into custody on 3d April—I told her she was charged with assaulting John Kelly—she said, "I never saw the man,"—I found this basin on the sideboard.
GUILTY of unlawfully wounding. — Confined Six Months .
462. REBECCA KERSEY (22) , to unlawfully endeavouring to conceal the birth of her child.— Confined One Week/—her friends undertaking to take charge of her . [Pleaded guilty: See original trial image.]
NEW COURT.—Tuesday, May 8th, 1866.
Before Mr. Common Serjeant.
MR. PATER conducted the Prosecution, and MR. DALEY the Defence.
THOMAS EARLY SMITH . I am a clothier, of 11, Houndsditch—on Saturday, 21st April, about two o'clock in the afternoon, I was in Houndsditch—something was said to me, and I missed my handkerchief—my attention was directed to the prisoner, who was running away—I Saw the handkerchief pulled from his pocket by King—it was mine—this is it (produced)—my initials are on it—it was safe in my pocket a few minutes before.
CHARLES KING (City-policeman, 602.) On 21st April, about five minutes past 2, I was on duty in Church-row, Aldgate, and saw the prisoner running towards me—I stopped him, and pulled this handkerchief from his pocket.
GUILTY .He was further charged with having been before convicted at Clerkenwell in July, 1865, to which he PLEADED GUILTY.His mother stated that his friends would send him to America when he came out of prison.— Confined Four Months .
MR. METCALFE conducted the Prosecution, and MR. GRIFFITHS the Defence.
ELIZABETH WOOD . I am servant to Mrs. Blackburne, of 30, Park-street, Grosvenor-square—she is a very old lady—I was in the habit of receiving money from her and paying it to the prisoner for the weekly bills—I gave him money to pay Mr. Newman among other people every week—I used to give him a 5l. or 10l. note, and he brought me the change and the receipt—I gave him money to pay this bill (produced) amongst others, and on 20th February he brought me this receipt.
CHARLES NEWMAN . In February I was carrying on the trade of a milkman—I served Mrs. Blackburne—I have since retired from the milk business—the prisoner did not pay me this bill on 20th February, or I should have receipted it—this is not my signatere, nor is it signed by my authority—it is not at all like my writing—this other bill (produced) was not paid to me, nor did I sign it—the signature is not by my authority.
Cross-examined. Q. Did you deal in a very large way? A. Not very large—I only kept one woman connected with the milk business—her duties were to carry out milk, but not receive money—she gave in an account of the milk delivered—my niece receives money when I am not in—this is not her signature—her name is Ellen Coleman—I know nobody
named "S. Newman" (The signature on the bill.)
MR. METCALFE conducted the Prosecution, and MR. BESLEY the Defence.
WILLIAM WELLS . I am assistant to Mr. Merth of Duke-street—I produce a spoon pledged in August, 1864, and renewed in September last, also a fork pledged on 30th December, another fork on 17th February, another on 17th March, and another on 14th March, in the name of John Brown, by a man I do not know—they have the initial "B" on them—he said they belonged to his mother who had left them to him—that was on the last occasion—I was not there on the first occasion—the young man who took them in has left.
Cross-examined. Q. Did the person come to pay up the interest so that it should not lapse? A. Yes.
JOHN JONES . I am assistant to Mr. Long, pawnbroker, of 103, Edgeware-road—I produce a dessert spoon pawned in July, 1865, a dessert fork on 20th December, 1865, a dessert fork on 20th January, 1866, another on 24th February, three table forks on 15th March, and one table fork on 14th April—five of them, in the name of Brown, by the prisoner, and the first transaction I do not recollect—the prisoner said he was a lodging-house keeper.
Cross-examined. Q. Did he redeem any of his pledges? A. Not that I recollect—three persons take in pledges, including me.
REV. THOMAS BLACKBURNE . I am a cousin of Mrs. Blackburne—she is 95 years old—the prisoner has been her butler for a great many years—in consequence of the other matters which have been investigated I told him to produce the plate—he hesitated a short time and then brought out the pawn tickets, and said, "It is no use saying anything about it, the plate will be found there"—he delayed bringing the key of the plate chest—these are the duplicates he produced—plate was missing to the value of 16l. or 17l.—it has I believe all been found and given up.
Cross-examined. Q. Did you engage him originally? A. No, my sister did—she is not here—I know the plate was delivered over to him in a plate chest—it was in his sole charge.
GUILTY .— Confined Eighteen Months .
466. HENRY JONES (18), and DENNIS COLLINS (18) , Robbery on Richard Wood, and stealing from his person 1 watch and 10.s. his property MR. STRAIGHT conducted the Prosecution, and MR. GRIFFITHS the Defence
RICHARD WOOD . I am a seaman, and live in Ratcliff-street, St. George's-in-the-East—on Saturday night, 28th April, I was near the Old Rose public-house in the Highway, about half-past 10 o'clock, and was knocked down by three persons—the prisoners are two of them—I am quite sure of that—
they struck me after I was down, and I felt my watch and money go from my pockets—I could not say which of them took them—I called "Police" as loud as I could holloa—I held the two prisoners and gave them in custody—the other man got away—I was sober.
Cross-examined. Q. Quite? A. I had had some ginger-beer, that is all—I had been walking about here and there all day—I had nothing to drink in the morning—I had a glass of beer at my dinner at half-past 1—the glass was only filled once—I then went out up the Highway and called at one or two public-houses—I had only ginger-beer at the first, no spirits; I had some more ginger-beer at the second—it was not gin and beer—I had no gin—I do not think I was the worse for liquor—I swear I was not drunk.
COURT.Q. Were you before the Magistrate? A. Yes—I heard Walker say, "The prosecutor was very much the worse for liquor," but I do nothink I was.
MR. GRIFFITHS Q. How far were you from the door of the house when the prisoners knocked you down? A. I was passing the place—I did not hear one of them say, "Do not run up against me, you drunken old beast"—there was nobody there but the three men and me.
WILLIAM WALKER (Policeman, K 488.) I was on duty in St. George's-street, at about half-past 10 o'clock, and heard a cry of "Police"—it had been raining very hard—I ran towards the spot, and saw the prisoners coming round the corner followed by the prosecutor, who said, "I want my watch"—both the prisoners know me by name, and said, "Mr. Walker, he wants to charge us with stealing his watch"—I said to the prosecutor, "Be careful what you say"—he said, "Three men met me at the back, knocked me down, and stole my watch"—his guard was dangling out of his waistcoat with the swivel broken—he said, "There is one of the men down the hill"—he was about a yard behind them, and I was four or five yards in front of them—I took them to the station and searched them, but found nothing on them—the inspector asked him two or three times whether they were the parties, and he said he was quite sure.
Cross-examined. Q. Was the prisoner very tipsy? A. He was quite drunk; he was sensible enough to know what he was doing, or else he could not have run—he called out, "Police!"—I saw no more running.
The prisoner's statements before the Magistrate:—Jones says, "I am not guilty." Collins says, "I am not guilty. I was walking up the Highway on Saturday night, and met Jones, and said, 'What cheer! come and have some beer in the Old Rose.' He said, 'Come somewhere else.' I looked, and there was no one there I knew, so I came out. I saw the prosecutor, and he made a punch at me. I said, 'What are you doing, you drunken old beast? get away,' and as he made a punch at me he fell against the public-house door, so I said, 'Get away.' He said presently, 'You have got my watch,' and holloaed out, 'Police!' He was six yards away then. He did not have the words out of his mouth when Mr. Walker came up, so I walked over to him, and said, 'This man accuses me of robbing him,' and a mob gathered round and Jones came and said, 'This man accuses me as well,' and walked them on to the Gravel-lane station, and gave Jones to another policeman, and took us to the station."
COURT to WILLIAM WALKER. Q. How long have you known the prisoners? A. Seven or eight years; they work in the Dockyard—I never knew them locked up before.
The prisoners received good characters.— NOT GUILTY .
MR. WILLIAMS conducted the Prosecution, and MR. METCALFE the Defence. HENRY ROBINSON. I am foreman to Dalton and Morgan, wholesale I stationers, of Budge-row, City—the prisoner had been their traveller for twelve months at the time he left—there was no written agreement, to my knowledge—his duties were to travel for orders for goods, and bring the orders to me, and I executed them—the goods were sent by vans direct—we sent out statements quarterly, but occasionally the parties would pay the prisoner—if they did not do so I sent out the quarterly account, and they would pay our collector—when the sums were handed over to the prisoner, he brought them to me the next time he came to the warehouse—he had a book in which I entered these moneys, and took them in to the cashier, and got them signed for—he was credited with those sums—here is no entry on 2d. February, of Mr. Richard Brushfield having paid 2l. 12s. 6d.—the prisoner did not come on the 2d; he came on the 3d—here is no entry on the 10th of 1l. 5s. 6d. from Charles Edwards, or of any other sums—the prisoner came on the 10th—there is no entry of 6l. 15s. 7d. from Mr. Fowke on 17th February—the prisoner has never accounted to me for those sums.
Cross-examined. Q. Did you keep that book yourself? A. Yes; it is the prisoner's order-book—I enter in it the orders which he obtains—the cashier's initials are "E.J.S."—I enter the cash in the first column—the second is to carry out the order—when the orders are executed they are put in the extreme margin—the money is entered from this book into the journal—the heading "Saturday, Feb. 3" on both pages means that these orders were entered on that day, and that 1l. 13s. was paid on that day—the order from Mr. Brushfield is on the back of the invoice.
RICHARD BRUSHFIELD . I am an oil and colour merchant, of 28, Union-street, Spitalfields—I know the prisoner as traveller to Dalton and Morgan—on 2d February I paid him 2l. 12s. 6d., and he wrote this receipt (produced)—the invoice for the goods is dated Jan. 24, and most probably that was the day that they were supplied.
CHARLES EDWARDS . I am a grocer, of 17, Red Lion-street, Holborn—I know the prisoner as a traveller—on 10th Feb. I paid him 1l. 5s. 6d, and he gave me this receipt (produced)—I think the goods had been ordered on the 3d.
WILLIAM DAVID FOWKE . I am a tobacconist, of 58, High-street, St. Giles's, and deal with Dalton and Morgan—on 17th Feb. I paid the prisoner 6l. 15s. 7d. on their account—this is his receipt (produced).
MR. METCALFE to HENRY ROBINSON. Q. Take Mr. Brushfield's payment of 2l. 12s. 6d., on 2d July, where do you expect to find it, where have you entered it? A. In this book—I should have entered it on the 3d—it might have been this side of the page, or this—it would be under that date, and in the first series of columns—the next entry after the 17th is Feb. 20th, but there is no entry on the 17th of Fowke's account, 6l. 15s. 7d.—I should not have entered it on the 17th, but the next time he came after receiving the money, which was the 20th—if Charles Edwards paid 1l. 5s. 6d. on 10th, Feb. I should have entered it on the 13th in this inner column.
Q. Show me an entry of a sum of money in that book paid by the prisoner? A. This 1l. 4s. 3d.—it is entered opposite the name of Sherwick, of Fore-street; it means that that account is paid—on 17th Feb. I should have entered the payment in the corresponding margin—1l. 5s. 10d. is posted to the ledger from this book on 3d Feb.—the ledger is not here, but here is
the folio of the journal—I do not mean to say that when the cash comes in to pay an account it would not be written off in the ledger—I write it off in the day-book—I have not got the ledger here, it is at Budge-row—Mr. Hedges, our ledger-keeper, keeps it—this is the travellers's order-book, and all orders brought in by the travellers are signed for here—from this book I post to the journal, and from the journal into the ledger—I have nothing to do with the ledger, only with this book—somebody else posts it up into the journal—I hand the money over to the cashier, who makes an entry in the cash-book—he is not here—he always sees me enter it—the amount cannot be entered in the cash-book without being entered here—this is the only book that is here—the prisoner gives me the money—the cashier signs for all amounts—if Mr. Brushfield's money came in on 5th Feb., the order being given on the 4th, I should not write the order over again I should merely take the name and address—if you notice this entry of Edwards of 1l. 5s. 10d. you will see the folio in the margin of the journal where it is to be entered—this "Williams, Old Kent-road," 1l. 13s. is an amount paid to the prisoner—I do not know anything more about it—it may have been paid two or three months before—he was not a regular collector—very few items of cash are entered here, and all moneys entered here the cashier entered into the cash-book, which I sent into the counting-house with the money—the prisoner has never accounted to the cashier, to my recollection—I will not swear that he has not—if he did so I might enter it and the cashier would sign—all moneys I received from the prisoner I enter in his cash-book—the cash-book of the firm in which I enter the cash to the prisoner is at Budge-row, but all moneys which the prisoner brought in I entered in his book, which is here—I call this the prisoner's book because it is his order-book—it is kept by me—I do not think there are any of his entries here—I did not bring the cash-book because I had no idea that it would be wanted, as all moneys received by the prisoner were entered in this book by me—I entered them first into this book by the prisoner's direction—it is the rule to put it into this book first, and there has been no exception to it to my knowledge—I do not know whether the prisoner is charged with a single item before 2d Feb.—he was paid 2½; per cent, commission, but no travelling expenses, to my knowledge—he had so much a week on account—he collected quarterly accounts if they were his own accounts, and he ought to have brought them to me.
MR. WILLIAMS. Q. When is the next entry after the 10th of February? The 13th—if the prisoner received 1l. 5s. 6d. on 10th February, he should have paid me on 13th—I should enter it at the time, and take the book to the cashier to sign; but there is no entry of it here—there are a number of collectors.
COURT. Q. I suppose, when he made a payment to you, you did not turn back to see what it was—you gave him credit for what he brought? A. Yes—I had nothing to do with the bill—I took the sums into the cashier with the book—I add up the amounts in the prisoner's presence first to see that they are all right.
GEORGE MORGAN . I am a wholesale stationer of Budge-row, trading in the name of Dalton and Morgan—the prisoner was the traveller at the beginning of this year—we paid him 2½; per cent on the amount of his sales—he drew weekly for it, sometimes 2l. and sometimes 2l. 10s.—he had no right to retain any sum received by him for his commission—when he received money on our account, he ought to hand it over to Robinson on the next occasion of his coming to the warehouse, who would enter it as received
from the prisoner, and take the book to the cashier to sign—I received this letter (produced) from the prisoner (Read: "10th March, '66—5, Denmark-road—Gentlemen, I beg to give you a month's notice from this date—Yours respectfully, Henry Lymer")—he did not remain until 10th April; I think the last time we saw him was 10th March, but he ought to have stayed under that agreement till 10th April—when I next saw him he was in custody.
Cross-examined. Q. Did he make an application on account of his expenses? A. Yes; on one occasion for a horse and chaise, which he purchased—that was after he had been twelve months with us—we made a contingent agreement with him to pay a portion of the expenses of a horse and chaise three days a week, if the profits on the sales were such as to warrant it—it is not usual with us to allow expenses—I do not know what other persons do—he had no salary, but a commission on the amount of his sales if they turned out good debts; bad debts were to be deducted from the gross—we consider the commission payable when the amount was received, but if he did not get the money there was no commission—he was not responsible for bad debts—he drew regularly every week, generally on a Saturday, on account of his commission—after he had given this notice he stated that he thought we owed him something on account of his horse hire—he did not ask for anything on account of commission; he had overdrawn that—there has been no settlement, because it has been overdrawn all through—I have the control of the books, the opportunity of seeing them has not been afforded him—we have reminded him frequently of his overdrawn account—I cannot say it has ever been submitted to him, I have not done it—he did not make an application for money when he gave the notice, and say that he must have money—the application for money was before the notice to quit—I did not say, "I will give you no money now that you have given me notice to quit"—since giving the notice he made the suggestion that we owed him something on account of horse hire—he did not say to me just before giving notice that he could not get on without money for expenses, nor did he say that he would hold the money till we came to some settlement with him—he did not make a direct application for money beyond saying that he could get over his ground quicker—he has not said to me that he could not get on without money; I don't know whether he has to my partner—he has never asked me for a settlement of the account between us—he always owed us money, for the balance was on the wrong side—he overdrew the amount of commission which he had earned—he did not ask me to have a settlement of accounts, or say that he would not pay over the money he had received till we had some settlement.
MR. WILLIAMS. Q. Is it a fact that he has always overdrawn in advance of his commission? A. Yes—he said nothing about a settlement when he wrote to us on 10th March. NOT GUILTY .
(For other indictments see page 38.)
THIRD COURT, Tuesday, May 8th, 1866.
Before Robert Malcolm Kerr, Esq.
468. CHARLES CLARK (28) , Burglariously breaking and entering the dwelling-house of George Crawshay, and stealing therein 2 forks, his property, and 4 gowns, 2 petticoats, and other articles, value 9l. 3s. 8d. of Emma Day, and 5 petticoats and other articles, value 4l. 16s. of Amelia Kirby.
MR. HAMPTEN. conducted the Prosecution.
JOHN STANFIELD . I am gardener to Mr. Crawshay—on the morning of 17th April, I saw that a work-box had been broken open, and the kitchen window was broken—I went round to the stable-yard and told the groom—he came and looked and then went into the house to tell the servants, who came and looked, and after a bit they came and told me what they lost—I tracked the footmarks down the walk—I met two policemen, and told them that the house had been broken open—they said that they were going there; that they had information on it—and as we were coming along the road we met the prisoner—the policeman let him go by, and then went back and asked him what he had got—he gave a satisfactory answer, and he let him go—when we got a little way, I saw footmarks on the dirt, and they went back and overtook him—the marks in the road were the same as in the garden—when I got to him the bundle was undone, and I told the policeman the things answered the description as the things that were lost—he took him into custody—I went into Mr. Crawshay's garden two or three minutes past six.
Prisoner. Q. What time did you leave the premises that night? A. Six o'clock—I went first—the stableman stops with the horses—I arrived on the premises the morning after, at six o'clock—me and the stableman went in together.
RICHARD WHITE (Police-sergeant, Y 10). About half-past seven on Tuesday morning, 17th April, I received information that a robbery had taken place at Mr. Crawshay's—I went with another constable—about two miles from the station, and three miles from Mr. Crawshay's, I saw the prisoner coming along the road towards Hornsey from Colney Hatch, in a straight line from Mr. Crawshay's—he had a bundle in brown paper, and two straps across it—I put some questions to him; he answered them very satisfactorily, and I allowed him to go—I spoke to the other constable, and then went back after the prisoner, and wanted to know what he had in his bundle—he said, "What do you want to know for?"—I said, "I do want to know"—he then went off—I went after him and took him in custody—I went to Mr. Crawshay's and found a work-box broken open, a pane of glass broken, and the back kitchen window was out, so that the catch could be undone—I went into the house—I found several drawers broken and several articles lying about—that was about half-past seven in the morning—the articles in the bundle were identified at the station—I then proceeded to a wood about half a mile from the house, searched, and found another large bundle of clothing—I conveyed them to the house and they were identified as the other articles missing from the house—I found a knife in the back kitchen.
Prisoner. Q. Have you known this house long? A. I have—I know the men servants not the female servants—it was about a quarter past seven—you gave me a straightforward answer, and I felt satisfied and walked off—when you walked off some few yards you called me back and asked me why I asked that question.
JAMES GALL (Policeman, 276 Y). About a quarter past seven on Tuesday morning, 17th April—I assisted the last witness—we met the prisoner with a brown paper parcel with two leather straps round it—the last witness asked him what he got there—he gave him a satisfactory answer—after that he went back to him, and he ran away and dropped a bundle—I picked it
up—this (produced) is it—it contains dresses and all female wearing apparel—this box (produced) was found in the wood—I found this chisel (produced) on the prisoner—it fits the work-box—these two forks (produced) were found on him.
Prisoner. Q. Did you find that knife in my possession? A. I did not—I did not know that it was here.
EMMA DAY . I am servant to Mr. Crawshay, of Colney Hatch—on 16th April I locked up the house at 10 o'clock—everything was safe at 12 when we went to bed—part of these articles belong to me, and part to my fellow-servant—the forks belong to Mr. Crawshay—these bands belong to me—the bird belonged to Mrs. Crawshay—I found that hanging dead—the prisoner had cut the head off and threw it on the table—it was rather a savage bird—it was as good as a dog, that was why he killed it—I found the doors open at a few minutes after 6—I have no doubt about the identity of these things.
prisoner. Q. What occupation do you hold there? A. Housekeeper—the gardener and stableman left at 6—there are three other servants—I am in the habit of having friends at times—none called that evening.
AMELIA KIRBY . I am servant to Mr. Crawshay, of Colney Hatch—on Tuesday night, 16th April last, I assisted the last witness in locking up the house—I saw it all safe about 12 o'clock that night—the next day the policeman produced these articles to me—I recognise some of them—this is my umbrella.
Prisoner's Defence. I have been a traveller for a gentleman in the City. On the morning of 17th April I left him about 7 o'clock; I proceeded along the road and came to a wood. I got over a stile, and saw a man running away; I went into the field and found these things; I had two straps in my pocket; I intended to keep these things in my possession. After I proceeded along the road some distance I met two policemen; one of them asked me some questions, and I gave him straightforward answers. He then left me a second time; I walked along the road about half a mile, and turned round and saw the policemen coming along. Would a man if he had entered this house have fallen into the trap and not make an effort to escape? Do you not think if he could have got away a dozen times be would not avail him-self of the opportunity? The evidence is circumstantial and contradictory; there was no person seen on the premises late at night or early in the morning. GUILTY .—He was further charged with having been before convicted, to which he PLEADED GUILTY.— Seven Years' Penal Servitude .
MR. NICHOLSON conducted the Prosecution, and MR. PATER the Defence.
JOHN DOREE . I am a shoemaker, of Essex-street, Kingsland-road—on 25th April I fastened and secured my house at half-past 11, and went to bed—I was called up next morning by my next-door neighbour—when I came down I found the house had been broken open—the passage is the only way you can get out at the back entrance—I missed 6 pair of uppers, and 7 pieces of stuff for making 7 pair of boots—these are my goods (produced)—I found them at 117, Lumley-street, Whitechapel.
Cross-examined. Q. Have you known the prisoner for some time? A. Yes—I owed him some money—he was having a cup of tea with me the day before—I swear I never refused to pay him what I owed him—I have owed him it since last September—I have paid him 6s. out of 11s.—it is not a
notorious fact in the neighbourhood that I owe him 5l.—I positively swear that I do not owe it him.
Cross-examined. Q. Have you made inquiries, and do you find that he bears an honest character? A. Yes.
ROBERT WEDGE . I reside at 14, Lumley-place, Whitechapel—the prisoner came to me with this parcel 26th April, between 6 and 7 in the morning—he asked if he could leave it till 8 o'clock, and then he would come and fetch it.
NOT GUILTY .
The following prisoners PLEADED GUILTY:—
470. JOHN DAVIS (18) , to stealing a handkerchief, the property of William Parsons, from his person, after a previous conviction, and ROBERT PRICE (18) , to feloniously receiving the same.— DAVIS, Seven Years' Penal Servitude . PRICE, . Con-fined Twelve Months [Pleaded guilty: See original trial image.]
471. EDWARD PRICE (18) , to stealing a handkerchief, the property of Henry Leary, from his person, after a previous conviction. Seven years' Penal Servitude . [Pleaded guilty: See original trial image.]
OLD COURT.—Wednesday May 9th, 1866.
Before Mr. Baron Channell.
GUILTY .— Fifteen Years' Penal Servitude .
MR. HORRY conducted the Prosecution, and MR. DALEY the Defence.
JOSEPH SAUNDERS . I am a labourer, and live in North-passage, Bethnalgreen—on 25th March, between 8 and 9 o'clock, I saw the deceased, William Webb, inside the passage of a house where toys are made—he was drunk—I knew him before—I heard him say that he wanted some money—that was said to Mr. Webb, the toy-maker—I don't know whether he was his brother or not—I saw that person try to put him out of the house—he would not go—he up with his fist to strike him, and caught the panel of the door instead—the prisoner came up directly afterwards, and said he would soon have him out—he did get him out, and when he got out he took off his coat on the edge of the kerb, and offered it to somebody to hold—nobody would take it—the prisoner then up with his fist, and caught the deceased in the chest, and knocked him down—he fell as if he was dead—his head went on the edge of the kerb—there is a little opening where the water runs down—a young man got hold of his arm to help him up—the prisoner said to him, "What have you to do with it?"—the prisoner then went away—I helped to carry the deceased to the doctor's, and from there on a stretcher to the police-station—I saw blood come out of one of his ears—that was after he had fallen.
Cross-examined. Q. You get your living by selling watercresses, do you
not? A. I am a labourer by trade, and when I cannot get any labour, I go out into the fields, and get water-cresses—that is only in the winter time—I am brother-in-law to the witness Cogden—I was not drinking with the deceased before I came up to the toy-shop—I had not seen him—I had not been in any beer-shop—I did not hear the prisoner ask him to come out of the toy-shop—he took hold of him and pushed him out—he then let go of him, and the deceased wanted to fight him—the prisoner said he did not want to fight—the deceased squared up to him, and the prisoner hit him in the chest, and he fell—I did not see Charles Bardell or Henry Jennings there—I swear that the prisoner struck the deceased in the chest with his fist—his fist was shut—the deceased was standing in the middle of the road, and the prisoner backed him out from the middle of the road, and then hit him, and he fell—he was about three yards from the kerb when he fell—the deceased was doing nothing when he struck him—he was not going away—he was backing, and the prisoner was following him.
COURT. Q. You say the deceased was standing on the kerb, when he took his coat off? A. Yes; it was on the opposite kerb that he fell—the road is about wide enough for three big carts to go by—the deceased had his hands up when the prisoner pushed him, in a fighting attitude—they were going to fight—the prisoner refused to fight; then he agreed, the drunken man made him so wild—he was sober, but the deceased made him wild, and that made him hit him.
JOHN COGDEN . I live at 9, Gardener's-row, Old Ford—on 25th March, between 8 and 9 o'clock, I saw a disturbance in Green-street—the deceased was wanting to draw some money, and the other man would not give it—he tried to turn him out of the house—a few minutes afterwards the prisoner came up from Twig-folly-bridge—he went into the passage, and in a few minutes he and the deceased came out—the deceased had his coat on his arm—I heard him say, "Let us have fair play"—the prisoner said, "Have it now then"—at that time they were standing face to face—the deceased had his back to the kerb—the prisoner struck him on the chest, and knocked him down—he fell, and struck his head on the edge of the kerb—I saw him carried to the doctor's, insensible.
Cross-examined. Q. Did you see the deceased in the toy-shop? A. Yes; he made a blow at Mr. Webb, who keeps the shop, and struck the panel of the door—I did not see him take the prisoner by the tails of his coat, or spit on him—I heard the prisoner say, he had better go away—that was after he got him out of the passage—the deceased wanted to fight; he squared up to the prisoner—they were standing just off the kerb—the prisoner then backed the deceased into the road, and struck him—they were then about three or three and a half yards from the kerb, on the opposite side—he struck him with his closed fist—there were a goodish many persons standing about—I heard a boy say before the Magistrate, that the prisoner did not strike the deceased—I can swear that he did, with his clenched fist.
DANIEL WALL . I live in Flower-and-Dean-street, and am a singer by profession—on 25th March, I saw a disturbance in Green-street, and saw the prisoner and deceased in the act of. fighting—the deceased had his coat off—he was in a fighting attitude—I saw the prisoner strike him at the side of the chest with his fist—it knocked him down, and it appeared as if his head fell on the edge of the kerb—I saw him taken up insensible, and carried to the doctor's.
Cross-examined. Q. Have you called on the prisoner's brother since this? A. No—I did not tell him that I could do his brother either a good deal of
harm or a good deal of good—I told a man named Cross so, when he called me up his yard, secretly—I meant that I could do him good by speaking the truth—I said I had not sufficient for a lodging, and I would go to a gentleman to borrow sixpence—I had a pint of ale with the prisoner's brother—I heard his brother examined before the Magistrate—I cannot say whether he told the Magistrate that I said I could do the prisoner good or harm—I told Mr. Grist, who keeps the Laurel Tree, in Brick-lane, that I should speak the truth—I said I could do him good by speaking the truth—I have spoken the truth to-day—I should think that would do him good—I never asked Grist for anything.
BATHURST JONES . I am house-surgeon at the London Hospital—on the night of 25th March, the deceased was brought there by several persons—he was insensible—I attended him till 5th April, when he died—he continued insensible all the time—I found no outward marks of violence—on opening the head, I found a fracture on the right temple bone, extending upwards a little into the vault of the skull—there was also laceration of the brain on the left side, and the membranes were inflamed—the injury I found was the cause of death—the injuries to both sides of the head might have been occasioned by the same fall.
THOMAS SOMERFORD (Policeman, H 170). I apprehended the prisoner on 27th March—I told him he was wanted for an assault on William Webb, then lying in the London Hospital in a state of insensibility—he said, "Yes, I expected you or some one else yesterday—I will go quietly with you to the station." The prisoner received a good character. NOT GUILTY .
MR. HORRY conducted the Prosecution, and MR. BROOK the Defence. CATHERINE DALTON. I am the wife of Michael Dalton, of 4, Ship-court, Horseferry-road, Westminster—I live on the ground-floor—on Monday afternoon, 16th April, about five minutes to 1, I went out—from something that was said to me in the street, I returned home directly—I had been out from a quarter of an hour to twenty minutes—when I got back, I found the window entirely out of the frame, and the bed, blanket, and part of the bedstead had been on fire—it was out then—I had left a very small fire in the room—it was about two feet from the bedstead—in consequence of what I heard, I saw the prisoner soon afterwards, and accused her of setting fire to my place—she said she had not done it, but she acknowledged that she had been in there—I asked her if she had been in my room: if she had set the place on fire—she said no, she had not.
Cross-examined. Q. Did she not say she had been there to see you? A. Yes; I have always been on good terms with her; she has often had the key of my room—when I went out on this Monday afternoon, I left my door open—I am always in the habit of leaving it open for my eldest boy to go in and out—the prisoner knew that—I left the door ajar, closed to—I know Mrs. Holland, who lives over my head—she is a great friend of the prisoner's, and she often visits her.
BRIDGET TOMKINS . I am the wife of William Tomkins, of 10, Cottage-place, Ship-court, that is about eight or nine doors from Mrs. Dalton's, round the corner—on Monday afternoon, 16th April, about a quarter past 1, I met the prisoner—she asked me for a few lucifers, and she asked me what I and Mrs. Dalton were speaking about on Saturday night—I told her I had
nothing at all to say of her, what was said, her own daughter could tell her when she came home at night—she said she would go and see Mrs. Dalton—her words were, "I will go out and let her have it"—she went out, and came back in a few minutes—that was about a quarter past 1, or from that to 20 minutes past 1 in the afternoon—she said there was nobody in—I said "No, Mrs. Condon; are you not going to have the lucifers?"—I gave her some from a box on my mantelshelf; they were blue-tipped ones—I think I gave her about twelve or fourteen—we then both went out together, and just as she was approaching towards Mrs. Dalton's place, she said, "I am going up stairs to Mrs. Holland's place"—I said, "I don't care where you are going," but instead of going up stairs, I saw her push Mrs. Dalton's door in before her, and close the door to—I went on up the court, and I had scarcely got across the road before the prisoner followed me, tapped me on the shoulder, and asked me if I could lend her a couple of halfpence—I said I could not spare it, I was going to get a loaf for the children—I turned round, and said to her, "Oh, Mr. Ryan is fighting"—she said, "No, he is not; don't take any notice"—I left her and ran and saw Mrs. Dalton's place was in flames, and Ryan was breaking in the window, and trying to get in to extinguish the fire—I saw the flames in the bed inside the room—it was on the ground floor—I could see in, and saw the flames in the bed.
Cross-examined. Q. Were you ever charged at the Westminster Police Court about some coals? A. I was—when the prisoner left me she said she would go and see Mrs. Dalton about it—she then came back and said nobody was in—I was a very little distance from No. 4 when she left me—I saw her go into Mrs. Dalton's room—she followed me in between three and four minutes—I have stated before to-day that I saw her go into Mrs. Dalton's room—I said so at the Police-court—I also said that the prisoner stated that she would let her have it—I was charged with taking some coals—I took a piece of coal from where my husband works, and got a month for it—I never blamed the prisoner for it—I never said I would remember her for it for the next 50 years.
NICHOLAS KYAN . I live at 7, Ship-court, Westminster—on Monday afternoon, 10th April, between 1 and 2 o'clock, I heard a cry of "Fire!" in Mrs. Dalton's room—I went and broke the window open, and got in, and found the bed on fire—the blanket was burnt or burning—I put it out—the bedstead was alight—I do not think there was any fire in the room—I did not take notice of it, I was confused with the smoke—the bedstead was on one side of the fire, placed about two feet from it—it was a turn-up bedstead—I did not see the prisoner at that time—I saw her amongst the crowd when I came out.
Cross-examined. Q. Were there any flames? A. There was a flame in the middle of the bed—I think it must have been from the tick—I put the fire out with water which was given me from outside—I could not see at the time what was on the bed—I was confused—I think the blanket was on the top—it must have been burnt—when I left my own door I heard cries of "Fire," and "Save the children in bed"—that was what made me go—I am sure the flame was from the bed—I think the witness Tomkins fetchea water for me—I burst the window in to save delay, and went immediately to the bed, but found nothing there—I did not examine the door—I do not know whether it was locked or unlocked.
afternoon, 16th April, about half-past 1 o'clock, I was called there—I went into Mrs. Dalton's room, and found the bed very much burnt, also the blanket and the bedstead, and the tick was burnt, and a portion of the flock also—the fire was out when I got there—I found some cinders inside the bed—I produce a portion of them—there was a little fire in the grate, but it was nearly out—I compared the cinders I found in the bed with those in the grate, and they were of the same character—it was what is called cannel coal or coke—it might have been coke from the factory, such as they hawk about the streets—I should think the grate was about two feet, or from that to three feet, from the bed—Mrs. Dalton gave the prisoner into my custody for setting fire to the place—I asked her what she had done with the matches that she had borrowed of Mrs. Tomkins—she said, "I lit my fire with them"—I said, "Come and show me your fire"—I went with her to her room, just opposite, and found the fire laid but not lighted—I said, "You have not used the matches to light your fire; what have you done with them?"—she said, "Oh, I took them into Mrs. Holland's"—I went to Mrs. Holland's room, which is over Mrs. Dalton's, and said, "Where are they?"—she said, "I laid them on the table"—I said, "There are no matches here"—she looked round and saw some on the mantelpiece in a box—the box was nearly full—I said, "Are these the matches Mrs. Tomkins gave you?"—she said, "Oh no, these are not the ones"—I said, "Well where are they then?"—she said, "In my confusion I do not know what I have done with them"—she was examined at the station, and the female searcher produced 14 matches with blue tips—I picked up two matches in Mrs. Dalton's room, and they were similar ones—one of them had been burnt.
Cross-examined. Q. You only found two? A. I found more than that—I found two on the floor, and others in the bed—the bed was destroyed and the blankets, and the bedstead, I should say, was destroyed, because all the sacking and bottom part was burnt, and the wood-work also—it was a flock bed, and a turn up bedstead—it was turned up when I found it—the cinders were on the bed under the blanket, inside the wood-work—I did not notice that any of the wood-work of the rooms were scorched; if it had been burnt very much I should have observed it—the ceiling is not very high, and not very clean—I did not make any minute examination of the place any further than the bed—I do not think any part of the wood-work alongside the bed was scorched—I do not know whether the room was papered or whitewashed—I did not observe any black marks as apparently caused by flames.
The prisoner's statement before the Magistrate—Read: "I know Mrs. Sullivan was standing at her door when I came out from Mrs. Tomkins' after getting the matches. I am well aware Mrs. Tomkins owes me a spite, and she said if it was for 20 years she would have her revenge on me; Mrs. Tomkins was convicted here for taking coals, and she said it was me watchful upon her, and she would have revenge. I did not go into the room."
NOT GUILTY .
FRANCES CATHERINE PAYNE . I am the wife of Frederick Payne, of Bloomsbury-square—I engaged the prisoner as cook—I had an excellent character with her, which I afterwards found to be a false one—she was about a month in my employment—she asked me while there what I should
do if thieves came into the house—I don't know whether she asked me that more than once—on the night of 6th April, I remember the servants retiring to bed—I had two servants, a cook and a housemaid—the prisoner was the cook and Ann Bartley the housemaid—I went to bed about half-past 10—I remained up about half an hour after them—I was in the drawing-room during that time—I noticed that the room was perfectly free from fire—the fire was not quite out—there was a little spark, a few ashes left at the bottom, nothing more—there was no likelihood of any sparks flying out—I was disturbed by the housemaid next morning about half-past 7—she came and told me that the sofa had been set on fire in the drawing-room—I instantly went down stairs into the drawing-room, and found the sofa burnt in three places; the front of it, in front of the cushion, the back of the sofa, and the scroll at the end—that was burnt most of all—it was a flat cushion, not a round bolster—the sofa was stuffed with hair, and covered with a loose chintz cover over the canvas or sacking—I called in the police and went with them to examine the kitchen—we found a box of lucifers on the mantelpiece in the kitchen which was in the habit of being kept in the servants' bedroom—I had not given injunctions that it should never be removed from there, but it had never been removed for I do not know how long—there were lucifers in the kitchen to light the fire with, and there was a separate supply in every room in the house—I only lost some wine—I lost that on the Wednesday before the fire occurred on the Saturday—I never mentioned it to the prisoner—I had seen a man walking up and down before the house on two or three occasions, and I spoke to her about that, and asked her if she knew him—she said, "No," and she seemed rather anxious about it—that was a fortnight or more before the fire—I told her to look at the man; he was watching the house, and looking down into the kitchen, and I did not like the idea of it—I did not quarrel with her about it at all—I think she said that the man was after some servant lower down in the square—the prisoner's box was searched some days after she had left by the police—there were a quantity of rags in it—the box was not broken open—the keys were taken from her at the station—there is a fire-escape at the top of my house, the ladder of which is close to the servants' room, so that any one could get from that room to the neighbouring house in a moment—there are two floors above the drawing-room—the foot of the sofa was one foot from the mantelpiece, and four feet from the grate—I measured it yesterday—the chintz cover fitted the sofa quite tight—it did not fall over the legs, it only covered the seat—there was no valens.
Prisoner. Q. Was not I the first person who spoke about the man loitering about the house? A. I think not—I had noticed him on the Sunday before, and I think I spoke to you first about it—I saw the man three times—I think you told me you had watched him several times.
ANN BARTLEY . I am housemaid in the service of Mr. Payne—on the night of 6th April I retired to bed with the prisoner, we slept in the same room, but not in the same bed—our beds were close together—I was awoke about 4 o'clock in the morning by the rustling of paper—the prisoner was out of bed when I awoke—about two or three minutes afterwards she went down stairs, and was down stairs about ten minutes—she then returned up stairs, and took a drink of something, and got into bed, and in about five or ten minutes she got out of bed again and shut our bedroom door—she got into bed and began to snore directly—about twenty minutes or half an hour after that the room was filled with smoke—I thought it was a fog—the door was shut then—I did not smell the smoke, I only saw the darkness
like a fog—I did not know where it was coming from—it cleared away about 6 o'clock, and we got up at 7 and went down stair, and I found the sofa in the drawing-room burnt—the fire was out then—I went down stairs into the kitchen and told the prisoner that the drawing-room sofa was burnt—she said, "What a dreadful thing! we might have been burnt to death. Did you tell your mistress?"—the sofa had an antimacassar on it—that was burnt as well—I went and told my mistress—the night before this the prisoner had asked me if the plate was all marked alike—she did not ask me where it was kept—it was kept near my mistress's bedroom, in her dressing-room; not in a basket, but in a large chest of drawers—we had out what we wanted for use, and it was taken up at night, and taken down in the morning—we had the other plate out if we had company—we had no visitors while the prisoner was there, so as to call for the use of the other plate—the night before the fire the prisoner said that I had been very restless the night before, and she took all my clothes and put them on the bed before I got into bed—she asked me if any one could get out of the bedroom window—we could do so and get along the parapet—I told her the man who cleaned the windows got in there to clean them—the lower step of the fire-escape was near the bedroom—the prisoner once asked me why my mistress did not wear a watch—she did not wear one—I do not know where it was kept—there was a watch kept in the room, but I did not know whether it was what the mistress used—I think she used to wear it occasionally.
COURT. Q. How long had you lived with Mrs. Payne? A. About nine months—I knew the cook who was there before the prisoner—the cook used generally to shut up the house at night—that was the case while the prisoner was there, and also in the time of the former cook—I used to help her in shutting up the house—we generally went up to bed together, and the door used to be fastened as we went up—the prisoner was down stairs before me on this morning—I cannot tell whether the street-door was fastened or not when I came down—I did not hear any complaint made about the door being unfastened, or any door.
Prisoner. Q. Did not you always fasten the front door at night? A. I helped you to fasten it, because you could not reach the top bolt—we were nearly always together when it was fastened—I am sure it was fastened on the night in question—I never wished the bedroom door to be left open at night—I may have remarked why did not the mistress come up to bed, because she always used to come up to bed with us—the door was not kept open till she came up—I hardly ever heard her come up—I did one night ask you to leave the door open until mistress came to bed, because I had not put the glass away, and I did not want her to know it—it was one night that week.
ROBERT MARTIN (Policeman, E 13.) I was called by Mrs. Payne to her house on 7th April last—I was taken up to the drawing-room and shown the sofa—I found it had been set fire to in three distinct places—it appeared to have been done by a lighted piece of paper or a lighted candle with a flare—at the end of the sofa near the fire-place was a small burn that had mouldered, burnt itself out, about six inches further along the sofa there was a larger place, which was burnt—it was not on the seat, but on the side near the seat in front of the squab—the head of the sofa was nearly all burnt—it had mouldered into a cinder—all the chintz was mouldered right through, the hair and all—I should think about half the sofa was burnt—I felt the hair, and it was quite warm—I had both servants with me in the drawing-room at the time, and I questioned them to know whether they had heard
any one about, or how it could have caught fire—the last witness then stated that her fellow servant had been down stain a little before four o'clock—the prisoner heard that, and she strongly denied that she had been down stairs at all—she could not give an account of how the sofa could have caught fire—I took her into custody—the kitchen was afterwards searched by the inspector and another sergeant.
THOMAS GARTHORPE (Police-inspector.) I went to the house, 28, Blooms bury-square, and examined the sofa—it was in the condition stated by the constable, clearly indicating that it had been set fire to in more than one place—an antimacassar lay on the scroll of the sofa, and it was burnt, except about an inch of it—I went down into the kitchen, and was present when the sergeant found a lucifer box on the mantel-piece—the prisoner was not present then—I did not examine her box, the sergeant did.
Prisoner's Defence. I am not guilty of any charge at all—I am quite Innocent. The prisoner received a good character. GUILTY .— Five Years' Penal Servitude .
NEW COURT.—Wednesday, May 9th, 1866.
Before Mr. Justice Montague Smith.
MR. LEWIS conducted the Prosecution, MR. HARRIS appeared for Payne, and MR. METCALFE for Carter.
JAMES PONSFORD (Policeman, K 260). On 20th March, I was on duty in the East India-road about eleven o'clock, and saw two omnibuses opposite the Sailor's Home, one coming from London and the other from Blackwall—I heard a smash, they were then both together on the off-side—there is a tramway in the centre of the road—this (produced) is a very good plan of the road—there is about twenty feet on each side of the tramway for vehicles to pass—I have not measured it, but the road is about fifty feet wide and the tramway about ten feet—no other vehicles were near—one omnibus belonged to the General Omnibus Company, and the other to a person named Emanuel—when I heard the smash I ran towards Emanuel's bus which was going towards London—it had extricated itself and was drawing off on its journey—I spoke to the driver, it was the prisoner Payne—I saw the deceased, Haffler, outside the bus—he called out, "Oh! my leg is broken"—I saw blood and a wound on his leg—his trousers and stocking were torn—he was taken to the hospital—I took the number of the other driver, Carter.
Cross-examined by MR. HARRIS. Q. Was this rather a gusty, misty night? A. Yes, it had been raining very hard—the nearest lamp was from twenty to thirty yards off—it is the custom of persons with heavy vehicles to use the tramway in the centre of the road—I believe it was laid down by the East India Dock Company for heavy vehicles going to the docks; that is from east to west—nearly all heavy vehicles going from east to west use it—the general rule is for light vehicles to draw off the tramway when heavy ones are coming from the docks—Payne drove the deceased to the hospital—I saw that the splinter-bar of the Company's omnibus was broken, and I was told that a window of Emanuel's omnibus was broken—but I did not see it.
Cross-examined by MR. METCALFE. Q. It had been raining, and it was dark and cloudy, was it not? A. Yes—Payne's omnibus moved on towards London, but I ran and stopped it—Carter's omnibus remained where it was—I do not think it moved more than a yard or so—I hallooed out "Wait a minute."
WILLIAM JOHN WARMAN . I am a cowkeeper—I was about ten yards off when the collision took place—the omnibuses were close together when I saw them coming in opposite directions on the same tramway—I cannot say whether it is usual for the omnibuses to use the tramway—there was room for four or five buses to pass each other on each side of the tramway, and either of the drivers could have pulled out; they had plenty of room to do so—I did not see them till they were close upon each other—the horses' heads had passed each other when I saw them, and then there was a crash—the bus coming towards London had been pulled off—the driver pulled off after the collision, but the other stood still—it was raining, and rather a dark night, but it was light enough for either to have seen the other at a distance of ten or twenty yards—I heard Carter sing out to the other one to stop, and Payne was in the act of stopping.
Cross-examined by MR. HARRIS. Q. Did you say before that you did not know who it was that hallooed? A. No—the tramway is for heavy goods in and out of the docks, I believe, but if I was going down the road with a load, I should expect as much as the others.
Cross-examined by MR. METCALFE. Q. Did you see how Haffler was sitting? A. No, but after the accident I saw him sitting on the seat by the side of the driver; his legs were straight down, and he had got his trousers up—I was walking.
HENRY KNIGHT . I was on Payne's omnibus, the one on which Haffler was—I was sitting on the top at the side—I saw the accident—I saw the General Omnibus Company's bus before we came into collision, but it was just on to us when I first saw it—I heard the driver say, "Where the hell are you coming to?"—they then both pulled off a little, but they were close on one another when they pulled off—it was when they pulled off a little that the collision took place—they were pulling off at the time—either of them could have pulled out of the way—when I first saw the other omnibus there was plenty of room.
Cross-examined by MR. HARRIS. Q. Was Payne sober? A. Perfectly—I saw the deceased's leg when I was sitting on the bus—it was hanging over the rail—over the side.
COURT. Q. Was the deceased's face to the horses? A. He was sitting askew, looking half straight and half round, with his leg hanging over the rail at the end of the seat at the side—he sat on the seat looking to the horses—he was on the omnibus coming up to London on the off-side seat—the London General Omnibus Company's bus jammed his leg in between the two rails—he was sitting on Emanuel's bus—he was not thrown off—the other bus was just as when I first saw it—I could not see it before, because it was too dark—it was rather foggy—I was not sitting next to the deceased—I was sitting behind him on the top of the bus on the side—I was pretty close to him.
Cross-examined by MR. METCALFE. Q. Were there trees on each side of the road? A. I do not know.
MR. LEWIS. Q. Was it light enough for you to see that the deceased's
leg was hanging over the side of the omnibus? A. Yes—I am not in Mr. Emanuel's employ, and never was.
WILLIAM SAMUEL THOMPSON . I am a barman—I was on the front seat of the General Omnibus Company's omnibus—it was coming from town—I saw the other omnibus coming along the tramway—it was about twenty or thirty yards off when I first saw it; I cannot exactly say—they were both driving at a moderate pace, rather slow, four or five miles an hour—Carter cried out, "High, where are you coming to?" and after the accident he said, "What did you go and do that for?"—I did not know at the time that they were opposition buses—I think the darkness of the night caused the accident, but they might have been wider apart—I was examined before the Coroner—they did not do it on purpose in my opinion—I did not say before the Coroner, "It seemed as if the driver did it for the purpose"—I said to Carter, "Is the man drunk, or have the reins slipped out of his hands?"—I do not say that Emanuel's man could have avoided it; it was the result of accident—no doubt I gave the same evidence before the Coroner—(The witness's depositions being read, stated, "It seemed as if the driver did it on purpose")—I never mentioned those words.
Cross-examined by MR. METCALFE. Q. Did you come down on Carter's omnibus as a mere passenger? A. Yes; I travelled with him all the way from the Bank—he did all a man could do to avoid the accident.
Cross-examined by MR. HARRIS. Q. Was Payne sober? A. I did not see him to speak to.
JOHN DAVIS . I am an engraver—I was on Payne's omnibus, next but one to Haffler—the apron was over us, but I believe both his legs were hanging down the same as mine were—the apron was not pulled over him, not fastened behind him; it was over me—I did not see the other omnibus until it was about ten yards off, but there was plenty of time for each omnibus to pull off if they had liked to—the accident could have been avoided if either of the drivers had been inclined—it was a wet night, and rather dark, but there was plenty of light to see the omnibus.
Cross-examined by MR. HARRIS. Q. Did you say before the Magistrate that both pulled off? A. They did not try to pull off, they thought that they were each going to pass each other, and they made a mistake in the distance—I saw the other omnibus ten yards off—I suppose the driver might have seen it—they were almost close on each other before they began to pull off—Payne was sober.
FREDERICK JOHN HAWTHORNE . I am resident medical officer at Poplar Hospital—I first saw Haffler on 21st Feb after I came from the country—he was suffering from a lacerated wound of the right leg—he died on the 31st, of uremic poison; that is a blood poison, caused by the transferring of the constituents of the urine into the system, and causing death—if it had not been for the wound in his leg I think he would have been alive now—I think that was the exciting cause of the decease.
MR. METCALFE. Q. Do you mean that the kidneys were previously diseased? A. Yes, and that the shock caused the disease to become active, which was previously passive—he had a wound about a foot long, very much lacerated—it was rather on the inside of the leg, but more in front—the wound was consistent with a heavy weight falling on it, or with something striking it very hard—I could not tell from its appearance whether his leg had been hanging over, the bar, or whether it was within the seat.
MR. LEWIS. Q. If it had been hanging over, would you not expect to find it more crushed? A. I cannot say.
The prisoners received good characters.— NOT GUILTY .
MR. BESLEY conducted the Prosecution, and MR. WILLIAMS the Defence.
NOT GUILTY .
478. CHARLES THOMAS THORPE, PETER GIBSON, HENRY LEVY , and AUGUSTUS FISHER , PLEADED GUILTY to unlawfully assembling for the purpose of betting, and thereby causing an obstruction on the Queen's highway. [Discharged upon recognizances: see original trial image.]
481. THOMAS WEBBER, EDWARD RAY, JOHN GRIFFITHS , and GEORGE GROOM , to a like offence.—. Each discharged on his own recognizance in 100l. to come up for judgment if called upon [Pleaded guilty: See original trial image.]
THIRD COURT.—Wednesday, May 9th, 1866.
Before Mr. Common Serjeant.
482. HENRY LYMER (42) , Embezzling the sums of 1l. 0s. 15s., and 6l. 10s. 7d., the property of George Morgan and another, his masters (see page 23). MESSRS. WILLIAMS and STRAIGHT conducted the Prosecution; MR. COLLINS the Defence.
CHARLES EDWARDS . I am a grocer, at 17, Red Lion-street, Holborn—I have dealt with Messrs. Dalton and Morgan through the prisoner—on 15 th Feb. I paid him 1l. 0s. 1d. and he gave me this receipt—on 23d Feb. I paid him 15s., and he gave me this receipt (produced).
ALFRED HOMERSHAM . I reside at 1, Charles-street, St. George's-in-the-East, and am a grocer—I deal with Dalton and Morgan—I knew the prisoner as their traveller—on 28th March I paid him 6l. 10s. 7d.—he handed me this receipt (produced), and signed it.
HENRY ROBINSON . I am foreman to Messrs. Dalton and Morgan, of 3, Budge-row, City, wholesale stationers—the prisoner was a traveller in their service, and had been so for twelve months—his duties were to collect orders for goods and bring them to me—I entered them in this book, and executed them—sometimes payments would be made to him by customers—it was then his duty to bring the amounts to me, and I would enter them in this book—he ought to have given the moneys over to me the next time he came to the warehouse—I entered them in this book and got the cashier to sign the items as I paid them over to him—I find no entry in this book of a sum of 1l. 0s. 1d. received from Mr. Edwards—the 17th is the next entry after the 15th—I find no entry on the 24th of a sum of 15s. received from Mr. Edwards—there is no entry in the book after 28th March—there is no sum of 6l. 10s. 7d. paid by Mr. Homersham—the prisoner left about 28th March—I did not see him after that—he never accounted to me at any time for this 6l. 10s. 7d.—the money received would be copied from this book into the cash-book—this is the cash-book (produced)—there is no entry here on 17th Feb. of 1l. 0s. 1d. received from Mr. Edwards—there are no entries copied from any book on that day—there is no entry on 24th Feb. of 15s. from Mr. Edwards—there are a great number of entries made on that day; none from my book—the prisoner paid no money to me that
day, nor on the 17th—there is no sum of 6l. 10s. 7d. entered on 28th March from Mr. Homersham.
Cross-examined. Q. Can you tell me whether the prisoner paid over anything on 17th February? A. If so, it is written in there, I don't recollect—it would not appear in the prisoner's name, but in the name of the person from whom he received the money—there was nothing paid on the 17th of February to me, nor on 24th—the prisoner did not cease coming till 28th March—if I recollect correctly the order entered on 28th was sent by memorandum by the prisoner—he did not come after that—he had been in the service about 11 or 12 months—the orders that he obtained in that time are entered up in weeks, our ledger-keeper can tell you, how many I really don't know—I should say another traveller was put on the prisoner's ground about ten days or a fortnight after 10th March—that would be a day or two before the prisoner left—we have regular collectors to collect money—the prisoner did not go round collecting money, it was only his duty to receive it if anybody paid him—he was paid a commission of 2½; per cent. on all sales—there was not a commission book kept for the prisoner—he was not allowed anything for travelling expenses to my knowledge—the bad debts the firm lost, but of course no commission was allowed on them.
MR. WILLIAMS. Q. Just take the book in your hand, and tell me what was the next payment the prisoner made you, after 17th February. A. The 22d seems to be the next—I find no account there of 1l. 0s. 1d. paid on behalf of Mr. Edwards—the next payment he made after 25th February was on 2d March—there is no entry on that date of 15s. from Mr. Edwards.
JAMES MOBGAN . I carry on business at Budge-row, with my partner—the prisoner was our traveller, he received 2½; per cent. commission on sales—we paid him that after he paid in moneys—he was not allowed to deduct any money whatever—he drew on account so much a week—when he received money it was his duty to hand it over to Robinson the next time of his visiting the warehouse after receiving the money—Robinson would then carry it into the counting-house and hand it to the cashier, after entering it in this book—the sums entered in this book are posted into the cash-book.
Cross-examined. Q. Can you tell me how much the prisoner obtained in orders during the 12 months he was with you? A. About 3, 300l. was the amount of his sales, I think—I have a partner, he takes an active part in the business—the prisoner asked me to allow him something on account of horse hire—he had to pay his own expenses—I agreed to allow it to him contingent on the amount of the business done; the profit and character of the business done; no amount was agreed to be allowed—he said it was necessary to drive round some days in the weeks when his round was a long one—I thought it a reasonable request—he said something about having to give our customers Christmas boxes—we did not refuse to make him any allowance—we gave him something—half-a-crown to one, and half-a-crown to another—that is usual in the trade—if he made a bad debt he would receive no commission upon it.
MR. WILLIAMS. Q. Had he any authority to deduct money for the hire of his horse, from money he received? A. No—we do not owe him anything for commission; he owes us—he had no authority at any time from us to deduct any moneys received by him for us, for his commission or anything else.
MR. COLLINS Q. Has there been any settlement of accounts? A. No—we have not squared up the accounts.
I enter all moneys received from Robinson into this cash book—the prisoner did not at any time pay over to me any sums which I omitted to enter into that book.
Cross-examined. Q. Did he ever during the whole 12 months pay you over any money? A. Not at any time—it was not his duty to do so.
JURY to JAMES MORGAN. Q. In the business the prisoner did for you was there a considerable amount of bad debts? A. The amount that I stated was the net amount, deducting the bad debts—I am quite certain there was nothing owing to the prisoner for commission at the time he left—he generally drew about 2l. a week, not always 2l.—he did not receive shillings or pence, but even pounds, sometimes 1l. 10s.
COURT. Q. Has the prisoner ever made a claim on you for commission due at any time? A. No; he has never said so.
NOT GUILTY .
483. HENRY LYMER was again indicted for embezzling and stealing 2l. 17s., 11s. 10d., and 1l. 11s. 9d., the moneys of James Morgan and another, his masters. MESSRS. WILLIAMS and STRAIGHT conducted the Prosecution, and MESSRS. METCALFE and COLLINS the Defence.
WILLIAM LAWRENCE . I am salesman to Mrs. Mumford, cornfactors, of Newcastle-steet, Strand—the firm is Mumford and Son—they have dealt with Dalton and Morgan—on 23d February I paid the prisoner 2l. 17s.—this is the receipt (produced) signed by him.
CHARLES EDWARDS . On 7th March I paid the prisoner 11s. 10d., for which he gave me this receipt (produced)—it is in his writing—on 15th March I paid him 1l. 11s. 9d.—this is the receipt for that in his writing (produced).
HENRY ROBINSON . The evidence of this witness, as given in the last case, was read over to him, to which he assented, and added—There is no entry in the book, on 24th February, of 2l. 17s. received from Mr. Lawrence; there is no entry on 7th or 8th March of 11s. 10d. from Mr. Edwards, or on 15th March or afterwards of 1l. 11s. 9d.—I did not receive either of those sums from the prisoner—they are posted from this book into the cash-book—I do not enter them in the cash-book.
Cross-examined by MR. METCALFE. Q. Does the prisoner take a book out with him? A. He has an order-book, a pocket-book of his own—he accounts to me from that book; he calls the amounts out to me from a pocket-book that he carries with him; he may not do so but he has a book open in front of him—the book is found him by the firm, he has charge of it—I am speaking of the pocket-book—he enters his orders in that pocket-book when he gets them—all his cash is entered in this book—I do not know whether he carries any book about with him in which he is required by the firm to enter—I do not look at the book when he produces the orders—he reads them to me.
COURT. Q. When he gives in sums of money, what does he do; does he read it from a book? A. Yes, from the same book as the orders are.
JAMES MORGAN . This witness's evidence, as before given, was read over to him, to which he assented, and added—when the prisoner left our employ we owed him nothing for commission—he does not make a demand for commission immediately he pays in the money—it goes into the current account; it is upon that account that he draws—he sometimes drew 2l, occasionally 1l.10s., sometimes 1l. 8s.—that account is kept by Stevenson—we should call that
the wages account—the money is generally handed to Robinson, who gives it to the prisoner when he calls in the morning—our book-keeper has the detail statement of the various payments—he is here.
GEORGE HEDGES . I am ledger keeper to Messrs. Dalton and Morgan—I keep the commission account—I have an account of the commission that was paid to the prisoner by Messrs. Dalton and Morgan—this extract was taken from the book.
MR. METCALFE. Q. I want to see the book. A. Here it is—I have examined it—the items are scattered through the book—he used to draw the money weekly—there is no ledger account of it—you would have to go through pages of this book to see how much he had, unless you look at this extract which I have taken from this book—there is no debtor or creditor account of the cash received from and the commission paid to the prisoner, in the ledger—we kept a ledger account for customers.
COURT. Q. Not for the servants I suppose? A. Not the servants.
MR. METCALFE. Q. Have you any documents, book, or entry, from which the prisoner can see what has been paid? A. He always had the option of referring to all the books—he had free access to them if he pleased.
MR. STRAIGHT. Q. Have you asked the prisoner upon several occasions to balance up his commission account with you? A. Oh, no—I never asked him that, and for this simple reason, I knew he had overdrawn a good deal—this is a true extract, made from that cash-book.
COURT. Q. Is this the paper that you allude to? A. That is it—on June 10th he drew 2l., on 17th, 2l., 24th, 2l., July 1st, 2l., 8th, 2l., 15th, 2l., 22d, 2l., 29th, 2l., August 5th, 2l., 10th, 2l., 19th, 2l. 26th, 2l., Sep. 2d, 2l., 9th, 2l. 16th, 2l., 23d, 2l., 30th, 2l., Oct 7th, 2l., 17th, 2l., 21st, 2l., 28th, 2l., Nov. 4th, 2l., 11th, 2l, 14th, 15l. a loan, 18th, 2l, 25th, 2l. Dec. 6th, 2l, 16th, 2l, 23d, 2l., Jan. 6th, 21, 13th, 2l., 30th, 1l. 10s, Feb. 17th, 2l., 24th 1l. 8s., March 6th, 2l., and March 10th, 1l. 7s.—that is for 9 months—there is nothing after 10th March.
MR. WILLIAMS. Q. What is the balance due? A. 25l.—that would not appear by that paper.
COURT. Q. What was this sum of 25l.? A. When Mr. Lymer first came he wanted an advance, and I believe he had 10l.—either 5l. or 10l.—one or two lots like that, and there were notes made of them, and they were put down in one lump as an advance.
Cross-examined by MR. METCALFE. Q. Do you make your entries in the cash-book? A. No—the cashier—I made the extract from the book, but I did not make the figures in the book—those are Mr. Stevenson's the cashier's figures—I cannot tell whether any receipt was taken from the prisoner when those payments were made—I had nothing to do with the cashier, he would pay him—I told the prisoner myself of the different bad debts—I have told him "So and so has failed"—I have not told him any particular amount—I have said to him "So and so has failed" several times—I have not gone over the accounts and said, "So and so will be a bad debt, and you will lose so much commission"—I had no opportunity of doing so; the prisoner did not wish it. NOT GUILTY .
MR. COLLINS conducted the Prosecution, and MR. F. H. LEWIS the Defence.
in the Mercantile Marine Office, established by the Board of Trade in Poplar—the prisoner is a seaman in the Royal Naval Reserve—on 30th September, 1864, the prisoner came to me—I know the date from the document—he came for a quarter's retainer—by the Act of Parliament passed in accordance with a Commission which sat for the better manning of the Navy, this force was brought into use—the men were to receive 6l. annually, and were required to perform twenty-eight drills in the year—in order to show that they have done their drill they produce a book of this kind—the prisoner produced this book to me (produced)—it is a certificate book, and is handed to him when he joins the force—it is on the entries made in that book that he is paid the retainer—on the faith of entries as to drill we make the payment—on the day the prisoner came he presented this book to me—I looked at it to see whether he was entitled to the retainer for which he applied—it appeared by the book that he had then performed twenty-eight days' drill for that year—fourteen at one time and fourteen at another—on the faith of that entry I paid him 30s. on 17th September—he had been paid at our office before, but not by me—I was not present at the time.
COURT. Q. Does it appear by the book that he was? A. Yes—it is signed by the superintendent in the office—it is entered by the clerk in the office.
MR. COLLINS. Q. When you pay him the money, how does he acknowledge the receipt of it? A. By signing a schedule called Schedule 24—there is a receipt for 30s. acknowledged by the prisoner—he made no statement at all at that time—the next time that I remember seeing him was, I should think, about a month ago—he then stated to me that he had received a letter from the Registrar General of seamen, that he had been to his office, and had seen a gentleman there who had been very saucy to him—I asked him the reason and he said he had accused him of making an alteration in his book—he said he had been accused of altering his book from seven days to fourteen—I said, "Did you make the alteration?"—he said, "It was seven in my book, but it ought to have been ten, and I altered it to fourteen."
Cross-examined. Q. Before entering this Royal Naval Reserve, I believe you have to serve a certain number of years as a seaman? A. The regulations require that a man should be one year at sea as an able seaman, and, I believe, five years as an ordinary seaman, or some such regulations—they must have certificates of character before entering the service—I am not prepared to say in whose writing these figures, "Sept 8th. to 22d" are—I presume the entry would be made by one of the officers on Her Majesty's drill-ship President—I should imagine that the paymaster, or his assistant, would make it—if I had seen nothing more than "Sept. 8th to 22d," I should have paid the money—we never make any calculations whatever—it does not follow that he would perform fourteen days—he may have been absent part of the time—the officer of the drill-ship will tell you in what book entries are made of the days on which the man serves, Mr. Adams, the assistant paymaster—I have no other book to which I refer—the entry of the day's drill would be in the writing of the officers of the drill ships—it may be that the man is drilled at one of the out ports—I can swear this book was produced to me, because there is my entry in it—I have no hesitation in saying that that was in the same state then as it is now—the absentee book relates to the drill-ship President—that is a matter I have nothing to do with—I am not aware there is an absentee book; but there is a drill book giving the registry of the number of drills—this book shows that the prisoner has performed twenty-eight days' drill, and also that he has received
four more retainers—a person who receives these retainers is entitled to 10l. a year after fifteen years' service—I do not know whether the prisoner has been discharged from the Naval Reserve—I am not aware whether he would be discharged in the event of a conviction—these accounts are examined by the Registrar General of seamen—I should suppose the accounts of September 30th, 1864, would be audited a very few days afterwards—when this 30s. was obtained, it was a quarter day, and we are then unusually busy; we have from two to three hundred come on that day, which we do not have on other days, otherwise I should have noticed this alteration—I did not detect the alteration—of course our accounts are kept, and we cannot send them for a few days—it may have been a week before the Registrar General would have it—when he got it into his possession, he would have an opportunity of observing—he would have detected that inaccuracy.
MR. COLLINS. Q. Do you know, as a fact, that the alteration was discovered afterwards? A. The error was discovered, in the number of days, that is to say the discrepancy between the returns from Her Majesty's drillship, and the returns sent up by us—it does not follow that a Naval Reserve man must come to the same station to be paid each year—he may go where he pleases to any place where there is a Mercantile Marine office, or a Custom House.
MR. LEWIS. Q. Would the name of Horatio Beer, whoever he was, be returned to the Registrar General of seamen? A. Provided he was paid off from a ship, or provided he went to drill.
EDWARD HOLM COLEMAN . I am chief clerk in the Registry Office of seamen, in a branch department of the Board of Trade, at Adelaide-place, London Bridge—on 31st March this year, I directed a letter to be written to the prisoner to attend at the office, and bring his book with him—I saw him on 2d April, and asked him if his name was Beer—he said, "Yes"—I had this book in my hand—I held it towards him, and asked if that was his book; he said that it was—I asked him how many day's drill he had done on board the President in September, 1864—I told him the commanding officer of the President had reported that he had only done seven—he said, "I have done more than seven, I did ten"—I told him it could not have been ten, it must either have been seven or fourteen—he then said, "Well, I think it was ten; but I altered the figures to fourteen."
Cross-examined. Q. When did it first come to your notice that 30s. had been paid for these fourteen days? A. Shortly after 30th September, 1864—we then had the name of Horatio Beer at the office registered as a volunteer—the books are issued from every office—we have means of knowing when a man has finished his drill on one ship to what other ship he goes—we next heard where he was on 26th April, 1865—he had finished twenty-one day's drill on board the Eagle at Liverpool—we knew that he was at Liverpool—we knew he had been there and drilled—we had the report that he was at Liverpool, on 26th April, 1865—shortly after that we sent to Liverpool, and he could not be found—we have the return made of a man when he has completed the drill—I know nothing of him till he has completed the drill, let it be seven, fourteen, or eleven—these accounts were audited very shortly after the 24th September—I had not the prisoner's book at that time—he keeps that—we compare with the returns sent to the office—the other book I have not got—the officer of the ship is here with the returns.
MR. COLLINS. Q. Are these entries made by you? A. No; I really do not understand them.
MR. LEWIS. Q. Where are the returns sent from the ship? A. I think I have what you require here—this is a return from the drift-ship President, reporting that Horatio Beer did seven day from the 8th to the 27th—this is the paper I had before me in Oct 1864—it is signed by the then commanding officer, William Mole—a man gets 30s. for serving seven days—if he serves ten or eleven days we do not allow that—he is not paid for the odd days—anything short of the seven days is a loss to the man; the labour is given for nothing.
MR. COLLINS. Q. If a man serves seven days he gets days 30s.? A. Yes; and if he does not serve seven days he does not get it—although the prisoner had been drilling at different places We could not tell at the head office where he was until he had drilled—he drilled twice at Liverpool and once at Glasgow, and then the accounts were queried, but I could not catch him until he came back.
MR. LEWIS. Q. Was he taken into custody? A. No; I applied for a warrant—I do not know that he surrendered himself at the police-court.
MR. COLLINS. Q. Was there a warrant obtained? A. Yes; and in consequence of the warrant the prisoner appeared at the police-court—I do not know whether he surrendered or not.
—ADAMS. I am assistant-paymaster of Her Majesty's ship President—I was there in September, 1864—it is part of my duty to enter in this book the number of days' drill performed by the naval volunteers—when I enter it in this book, I also enter it in several books of the men—the prisoner performed, between the 8th and 22d September, 1864, seven and a half days' drill, that counts as seven days—I had his book in my possession—when he came on board to drill he gave me that book—when he went away I gave him that book back—I had made an entry there of seven days—this 14 is not in my writing, the remainder is, the 14 is not—to the best of my belief, where this 14 now is, there was 7 before—I believe the prisoner was one day sick during that time—that does not count as a drill.
Cross-examined. Q. What do the full crosses mean? A. A whole day's drill, and the half cross a half day—I made these crosses—I cannot tell whether I made that alteration, the scratching out the A. B.—it is very likely the captain of the ship made that—the entries are in my writing—supposing it was my scratching out, I must have made a mistake—I might have put a cross instead of absent—the absentee-book is on board the ship—this book shows nine days' drill, but a man is only allowed one Sunday and one Saturday in a week's drill, in seven days' drill—here there are two Saturdays and two Sundays—the second Sunday does not count for a day at all, and the second Saturday counts for half a day, which makes seven and a half days' drill—we must mark up the Sundays to enable us to count up the weeks' drill, that is the rule they have on board the ship—a man who comes on board the ship comes to me and is entered, and his address is taken—there is no muster-roll—each man is mustered by his instructor every morning—if a man fails to come to me, when he comes on board, he Would not be on drill at all, he would not be entered in the books—they drill in different parts of the ship, at different times, under different gunners, but they must come to me first—it is quite possible a man may be on hoard the ship without being on the books, but he would not be paid, and his drills would not count—it is only to start with that be comes to me to be entered—I make these crosses and half crosses because I know the man is on board—I know it because he has not been reported absent to me—the accuracy of this book depends on the accuracy of the absentee account—I
do not know whether it is accurate or not—in the case of this correction a man must have been reported absent—I must have found it in the absentee list afterwards, and corrected it.
GUILTY.—Strongly recommended to mercy by the Jury and Prosecution. — Confined three days .
FOURTH COURT, Wednesday 9th, 1866.
Before Robert Malcolm Kerr, Esq.
MR. POLAND conducted the Prosecution, and MR. LANGFORD the Defence.
OLIVER BOONE . I am a clerk in the service of Messrs. Drummond, bankers, of Charing-cross—in February, 1862, Mrs. Caroline Giffard Philipson kept an account at our bank—on 17th February, 1862, I paid this cheque for 30l. 3s. dated 20th January, 1862—it was presented over the counter—I gave a 30l. note and 3s. in money—these (produced) are the two notes—the numbers are 21241, January 20th, 1862, and 9480, September 6th, 1861—I should not look at the paper—I did not notice that there had been any alteration in the cheque.
CAROLINE GIFFARD PHILIPSON . I live at Lyndhurst, in Hampshire—in January, 1862, I had an account at Drummond's, in London—at that time I was indebted to Messrs. Brown, Gould, and Co. 3l. 3s. 2d.—in January, 1862, I received this account by the post—I then addressed this cheque for 3l. 3s. in favour of Brown, Gould, and Co.—I put it in an envelope with the account—I addressed it to Messrs. Brown, Gould, and Co. Bouverie-street, London—I do not think I enclosed a letter—I received the account back a day or two after, receipted as it is now with a stamp. I am quite sure it was a receipt for 3l. 3s. and not as it is new—the number corresponds—after I received the receipt, I did not receive any accounts whatever, applying for the money—I heard nothing more of it—in April, 1865, my bankers sent me the cheque—I thought they had more money in their hands—it was in April, 1865, that I discovered the cheque had been altered—it had remained at the bankers.
Cross-examined. Q. It is possible that you might have written a letter. A. Yes—I was not living at my own house when I sent the letter; it was let, and I was living at Romsey—I had taken a house there—there were five or six servants there that I had taken from Lyndhurst, and eight or nine in family—I do not remember whether the letter asking for the 3l. 3s. was directed to Lyndhurst—the house was in our own grounds—there were no lodgers.
MR. POLAND. Q. I believe you knew Brown, Gould, and Co very well? A. I did not know them; I had written to them—I am sure I directed the letter correctly—I did not authorise anybody to pay 3l. 3s. afterwards.
ABRAHAM GOULD . I am a member of the firm of Brown, Gould, and Co. Cranbourne-street, Leicester-square—in 1862 we carried on business in Bouverie-street, Fleet-street, and the prisoner was then in our service as clerk—we had three rooms there—Mr. Skelton was the landlords—there was a letter-box, which was usually kept locked, and of which Mr. Skelton kept the key—he would give the letters to us or to the prisoner, whoever arrived first—the prisoner was usually there first—I believe we had a boy at that
time, but he would not have access to the books—this account for 3l. 3s. 2d. (produced) made out in the name of Mrs. Philipson, and dated 10th December, 1861, is in my writing—that would be sent to the post either by myself or my partner—the prisoner would take it to the post—the receipt I believe to be in the prisoner's writing—I was not aware that this account had been sent to me until a long while after—I have not received any cheque for it—the endorsement on this cheque (produced) "Brown, Gould, and Co." I believe to be in the prisoner's writing—these two bank notes for 20l. and 10l. are endorsed "William Carter, 2, Terrace, Walworth-road, South," and I believe that to be the prisoner's writing, only it is more disguised—the prisoner, as our clerk, would have access to the books—in March, 1862, I made out a list of accounts that were owing to us, amongst those Mrs. Philip son's was included—in the ordinary course of business those accounts would be sent by post—the prisoner would post them—in December, 1862, or January, 1863, I made out fresh accounts, and Mrs. Philip son's was included in those—they were given to the prisoner to post—in February, 1863, he spoke to me about Mrs. Philip son's mother—it was the beginning of February—he said that a tall, well-dressed lady had called the previous evening, after we had left business, and paid the account, and he gave me the 3l. 3s. 2d. in cash—he said he did not think it was Mrs. Philipson—he remained in our service up to April, 1864.
Cross-examined. Q. Have you two rooms upon the ground-floor? A. Yes, and one on the second floor—the prisoner's place was on the second floor—Mr. Skelton, the landlord, is a printer and engraver—I think he had three or four people in his employ—during my partnership I have never known of any other cheque of ours being altered—I know the prisoner's writing—I have got some of his original writing (produced).
HENRY ROWLAND BROWN . In February, 1863, we were carrying on business in Cranbourne-street—the prisoner and his wife lived on the premises—I remember his speaking to me about Mrs. Philip son's account—he said a well-dressed person had paid Mrs. Philip son's account the night before, after business hours—he gave the money to my partner—this receipt I believe to be in the prisoner's writing, but I cannot be sure that the endorsement on this cheque is his.
Cross-examined. Q. Have you ever heard of any other cheque being altered except this one. A. Never.
COURT. Q. What is your belief about the notes? A. I am not so sure about the notes, but I believe it to be the prisoner's writing—I feel as certain as a man can feel who did not see them signed.
ROBERT SKELTON . I reside in Bouverie-street, Fleet-street—in 1863 Messrs. Brown, Gould, and Co. were my tenants, and there were other persons who had rooms in the daytime—I had the key of the office—I took the letters in in the morning, and gave them to the first person that came—I have given the prisoner letters.
WILLIAM CARTER . I resided at 2, Terrace, Walworth-road, South, up to within the last two months—I resided there in January and February, 1862—the writing on these notes is not mine—I know nothing of the prisoner.
GUILTY .— Confined Eighteen Months .
MR. HANSDEN. conducted the Prosecution.
HENRY GRIFFITHS . I am a commercial traveller, of 3, Coombe's-street, City-road—on 19th April, about nine o'clock, I was passing the Quadrant in Regent-street, when the prisoner accosted me, and said, "Oh, Stanley, thank God you have recovered from your serious illness, I never expected to see you out alive again"—I said, "You are a perfect stranger to me, I do not know you"—he said, "Oh yes you do, you were with our old friend in Oxford-street the other night, shake hands"—I said, "I am not in the habit of shaking hands with strangers"—he then said, "Let's come and have a glass"—I said, "I am not going to drink with strangers, you are a perfect stranger to me"—he said, "Oh, now, don't be cross, don't get out of temper"—I said, "Get away from me, don't molest me in this way"—he left me and came back again, and said, "Now look here, I want some money"—I said, "I have no money to give you"—he said, "Give me a half-crown, that will satisfy me to night; if you don't I shall expose your vile and infamous conduct, which will seriously injure you in your occupation"—I said, "Get away from me, don't talk such stuff to me"—he then put his hands in my breast, and said, "You know you are entirely in my hands if you don't give me some money"—I moved away to Piccadilly-circus to look for a constable, but not finding one, I got into a 'bus; the prisoner followed me—I said to the conductor, "This man has been molesting me for some time; I have no wish to be in his company, therefore I shall ride outside if he intends riding inside"—the prisoner said, "Then I shall go outside too"—the conductor said to the prisoner, "Are you prepared to pay your fare?"—he said, "I am"—he paid his fare and got into the 'bus—he said, "Old fellow, I shall not part with you until you part with some money"—I said, "I told you I had no money to give you; you must wait until I get home"—he said, "Oh you do mean to act honourably towards me"—when I arrived at the Circus in Oxford-street, I gave him into custody—I had never seen him before, and did not owe him any money—he touched my pocket several times.
Prisoner's defence. I made a mistake in the gentleman. I thought he was another gentleman I knew who had been in the habit of giving me a few shillings. I had been drinking.
COURT (to ENOCH BUCK.) Q. In what state was the prisoner? A. Perfectly sober. GUILTY . Confined Eighteen Months .
Before Mr. Recorder.
MR. GRIFFITH conducted the Prosecution.
which is exactly opposite where I live—they were loitering about—my attention was called first by seeing them handle the boots—all four took it in turns—the boots were hanging inside the doorway—they then divided in twos; Hart and Price went to the door, one cut the string and the other took the boots, the others were within four or five yards—they joined each other, and they were just about going away, when they were seized by myself and another witness—the other two could see what was going on—I caught Hassell and Chapman—Hassell said he did not cut the boots down, neither did he get them—I said I knew he had not got them; but I saw him make the attempt previously—I saw him make a pull at the boots, and then the other two came, and Price cut them, and one boot dropped on the floor which Hart picked up.
THOMAS BUTLER . I am a cheesemonger, of 12, Eleanor-road, Woolwich—my attention was called to the prisoner by Mr. Oram—I saw them all loitering about, taking their turns walking up and down past the prosecutor's door—at last I saw Price cut the string of the boots, and Hart received one; one fell on the pavement, the other was picked up—they then made off—I immediately followed and secured Price—Chapman and Hassell were loitering at the corner at the time—a bystander picked up the hoots and handed them to me about thirty yards from the shop, in the direction in which the prisoners ran.
JAMES MARGBTSON (Policeman, 122 R.) I received the prisoners in custody—Hassell said he did not steal the boots—he did not cut them down—Hart and Price did not say anything—Chapman said he did not cut the boots down, it was Hart and Price.
HASSELL and CHAPMAN, GUILTY . HASSELL also PLEADED GUILTY. to a previous conviction of felony in July, 1861.**— Seven Years' Penal Servitude . HART— Confined Twelve Month . PRICE— Confined One Month . CHAPMAN was recommended to mercy by the Jury, but was stated to have been previously convicted, and sent to Parkhurst.
Judgment respited .
Before Mr. Baron Channell.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. DALEY conducted the Prosecution, and MR. BESLEY the Defence.
WILLIAM HENRY HODGES . I live at 48, Hamilton-terrace, Deptford, and am secretary to the Deptford Pride, Foresters' Court, Benefit Society, which is held at the Railway Tavern, Hamilton-street, Deptford—I know the prisoner's handwriting—the signature at the end of these rules (produced) is in his handwriting—he acted as secretary of the society—these are the rules certified by Mr. Tidd Pratt—the prisoner acted as secretary in 1865—in July last he brought an order to me as treasurer—it was my duty upon that to pay him the amount, and I did pay him 7l. 2s. 6d.—Order read: "Ancient Order of Foresters, London United District, Court Deptford Pride, No. 3303, 16th July, 1805. No. 3. To the Treasurer of the above Court:
Pay Dr. Taylor the sum of 7l. 2s. 6d. for six mouths' medical attendance, by order of the Court. C. R.—W. J. Marks"—it was his duty to pay Dr. Taylor that amount as far as I know he did not hand in a receipt at the next Court.
Cross-examined. Q. Was the defendant some time secretary to this society? A. Yes; from its formation—I don't know when it was to formed—I first became connected with the society, I suppose, two years ago—I was then made treasurer—I know Mr. Marks has been employed in Her Majesty's Dockyard at Deptford—I heard he had been there a great many years—his accounts for the year 1865 were audited in March, about five weeks ago—an account was not then stated, in which he was brought in a debtor to the society 11l. 19s. 2d.—that was at a previous audit, not at that audit—that was for the last quarter in 1865—I believe the last audit was for the whole year—the sum was then 40l. odd—he admitted that the 11l. 19s. 2d. was due—I did not hear that he admitted the other sum—he was not present—he would not come—at that time we had discharged him—before the last audit he had been discharged—he paid the society 4l. off the 11l. 19s. 2d.—he gave a promissory note, I believe, for the balance—he gave a promissory note for the full amount, and paid the 4l. off—I heard he should say that he had paid Dr. Taylor the money—this order is in the common form—that is the form I have always paid money upon—I have a cash-book at home, not one in which the prisoner entered—I have a private book of my own in reference to the sums paid by the society—the trustee has the cash-book of the society—the receipt for the money would be put in the box of the Court in the club-room—it would be locked up—there are three keys—I have one, the trustes has one, and the secretary has one—we must all be present when it is opened—search was made in the box for this receipt of Dr. Taylor's; not in the presence of the defendant, he was not there—I did not know that he had asserted that Dr. Taylor's receipt was in that box—I went and searched to see if it was there.
MR. DALEY. Q. At the time this first audit took place, and 11l. 19s. 2d. was found due, did you know anything about this 7l. we are speaking of today? A. No; it was not included in that account—afterwards, when larger sums were found out, we sent for the defendant to come up and be present at the audit, and he did not come—I and Mr. Shean searched in the box afterwards—he is here to-day.
CALEB TAYLOR . I am a surgeon, of High-street, Deptford—I am surgeon to the Deptford Pride Benefit Society—I had a claim against the society last July for professional attendance—the amount was settled by the society themselves—I was not paid a sum of 7l. 2s. 6d. by the prisoner—I have not been paid it since.
Cross-examined. Q. May I ask how old you are? A. I shall be fortyeight next birthday—I have been poorly, not laid up, able to attend to business—I have a cash-book—I have it here—it is from the fact that there is no entry in that cash-book of 7l. 2s. 6d. and also from a conviction, that I say I have not received it—I had not received money for some time, I found I was in arrears, and I wrote to the society for payment—when I get money at other places than at my place of business, where the cash-book is kept, I make a memorandum of it in my pocket-book—I have not got my pocket-book here of last July—I don't think it is in existence—I do not remember giving the defendant 18d. in July—I did not in July certainly, or during the year—I may have told him to take care and not get the gout, but not then—I have attended him for the gout—I can't say when; several
times—I have no doubt I said, "I depend on my books entirely, and not finding the entry of the receipt of the sum of 7l. 2s. 6d. I conclude that I have not received it"—I don't remember making that remark.
MR. DALEY. Q. Do you enter all payments into your cash-book regularly? A. I do—that entry is not in my book, and I don't remember receiving it—I should expect to find it in my book—I kept the book in my consulting room, and entered the payments at the time.
Cross-examined. Q. Are you appointed by a majority of the meeting of the members? A. Yes—I have got the minute-book here—the defendant; was appointed in the same way—he has been our secretary since the Court was formed, some seven years up to last December—he was discharged hi accordance with the rules—he was never in our employment in any other capacity than secretary of the society, of which we are the trustees—this entry in the cash-book is in the defendant's handwriting—the entry is "16th, July, Dr. Taylor, six months' medical attendance, 7l. 2s. 6d."
MR. DALEY. Q. Would that book be inspected by any one—by the prisoner? A. Yes; every Court night there it is—that charges him with the receipt of the money—he debits himself with it there.
MR. BESLET. submitted that the money mentioned in the indictment should ham been set out as the property of Thomas Shean and others, trustees of the society, and that that not appearing on the face of it the indictment was bad; he also submitted that it could not be amended. MR. DALEY submitted that it was within the power of the Court to amend. MR. COMMON SERJEANT having consulted MR. RECORDER, decided that there was power to amend, but he would give leave to have the point reserved if it became necessary.— NOT GUILTY .
MR. POLAND conducted the Prosecution, and MR. DALEY the Defence.
ANN ELIZABETH PHILLIPS . I am in the service of John Wilfred Sadler, of Plumstead-road—an 9th April, between 5 and 6 in the evening, I served the prisoner with a glass of ale, and then went into the bar-parlour, leaving no one else there—I then saw him pass a long whip-handle twice across the counter to a shelf where there was money—I went out to see what he was doing, and he directly went away—other persons came into the bar at that time, but not into the part the prisoner was in—I called my master and mistress—my master went out after him—I missed two sovereigns and a half sovereign from the shelf—there was a pile of silver there, but it had not been touched—half a sovereign was left out of the gold—there was some sticky stuff found on the shelf where the money was.
Cross-examined. Q. Were there eight or nine persons in front of the bar when the prisoner came in? A. There was no one there when he came in, but two men and a woman came in afterwards—the man had nothing in his hand—they were in the private bar—the prisoner was in the public bar—I could see the private bar from the parlour—there is a wooden division between the two bars, but there is no glass at the top of it—there was only the counter between the prisoner and me—the bar parlour is not at the end
of the shop; it is quite in front of it—you can see into it as you stand in the counter—I went in to get my tea—be could not see me because there was a wire blind, but I could see him through it—the stuff found on the shelf was sticky and brown—I counted the money; it was safe two minutes before he came in—the man and the two women went away at the same time as he did.
JOHN WILFRED SADLER . I keep the Moorish Arms—on 7th April my wife called me—I went outside, and when I got about 200 yards I saw the prisoner carrying a long stick or a whip-handle—my little boy pointed him out to me—he saw me, and started to run—I called out, "Stop thief!"—a man was coming at the end of the street, and the prisoner struck him with the whip-handle, saying "Let me go," but I went up, took hold of him, and said, "You have been robbing me"—I saw him put something in his mouth—I took him by the throat, and he dropped a sovereign from his mouth on the pavement, which he got hold of again, as he was partly on the ground—I held him some time, and the police came and took him to the station—the sovereign has not been seen since—his mouth was examined at the station, and the half-sovereign dropped from it—I looked at it; it was marked with bird-lime—I examined the shelf behind the bar—there were two great marks of bird-lime just where the money had been—I missed two sovereigns and a half from the shelf—the stick was lost in the struggle—he had not got it when he was taken by the police.
Cross-examined. Q. Did you never see it after you came up to him? A. No—it was looked for when the police took him, but it could not be found—I did not think of taking hold of it before, I had enough to do to hold him—I do not know what became of the sovereign—he must have kept the half-sovereign in his mouth all the way to the station, about 300 yards—I missed 2l. 10s.—I had counted it previously—I had been having a sleep, and they called me.
EDWARD KELL . I was formerly a police-inspector—I live at 78, Crescent-road, Plumstead—I was at the end of Spray-street, and saw the prisoner running, and carrying a whip-handle four or five feet long, and Mr. Sadler after him—I tried to stop the prisoner—he tried to stab him, but I closed with him; Mr. Sadler came up, and I saw the sovereign fall on the pavement—I attempted so pick it up, but the prisoner pushed me away, and picked it up and put it in his mouth—I do not know what became of the stick—there was a mob of one or two hundred people, but they did not help—I saw the half-sovereign drop from his mouth at the station.
Cross-examined. Q. What do you think became of the sovereign? A. I believe he swallowed it—he might have swallowed one and kept the other in his teeth—there were three or four policemen near him when the half-sovereign dropped from his mouth—it was about a couple of minutes after he entered the station—he was running fast when I saw him—I knew it was a whip-handle he had, because it was covered with leather—I was in front of him—I attempted to stop him, and gave him a sway round—I did stop him—he did not Cry "Stop thief," but the prosecutor did—when the police came up I looked for the stick, and it was gone—we struggled several minutes.
EDWARD SEYMOUR (Police-sergeant, K 31.) I was at the station when the prisoner was brought—I examined his mouth, and saw pieces of gold—he was in the dock—I told the men to bring him out and search him properly—I then caught hold of him, and the half-sovereign dropped from his mouth—he swallowed the second piece—he was searched, and this box (produced)
was found on him, which contains bird-lime, also 18s. in silver, and sixpence in copper—the bird-lime is very powerful, I lifted a half-pint pot with a piece of it. GUILTY .**— Confined Two Years .
493. EMMA WELLAS (32) , Unlawfully taking away Emily Jones, aged 2 years and 4 months, with intent to deprive the father of her possession Second Count with intent to steal the clothes of the said child.
MR. DALEY conducted the Prosecution.
ELIZABETH JONES . I am the wife of George Jones, of 324, New-cross-road—on Thursday, 12th April, about 3 o'clock in the afternoon I saw my little child (produced) playing before my door—I sent her out with the other children to play, and from something they told me I went and looked for her—she could not walk any distance—she is weakly—I saw nothing of her till the following Tuesday, when I saw her at the station with the police—I advertised her by handbills—there were four articles on the child—they were worth more than 3s.—my husband is a picture-frame maker.
JOHN WATTS (Policeman, K 193.) On Monday night, 16th April, about 8 o'clock, I saw the prisoner going down Shooter's-hill with a child—I noticed something about the child, and asked the prisoner if the child belonged to her—she said it did; I asked her where she came from—she said from a place called Devizes, and that was where the child was born—I let her pass, and went to the station and examined the information-book, and from the description, I followed her and found her in a house; I told her I should take her into custody for stealing the child—she still had the child—she said she did not steal it, she found it in the New-cross-road—I took her in custody—she had a penny and a thimble on her.
Prisoner's Defence. It is the first time I have been in trouble.
GUILTY .— Cofined Twelve Months .
Before Mr. Recorder.
BENJAMIN NOEL . I keep the Red Cow public-house, Princes-street, Lambeth; on Thursday morning, 26th April, about 6 o'clock, the prisoner came to the bar and asked for 2d. worth of rum—I served him—he gave me half-a-crown in payment—I sounded it and went to pick it up—my son picked it up and put it in the till, and gave the prisoner his change—I took it out and found it was bad—the prisoner was then gone—he had drunk the rum—I ran out, but could not see him in the street—I marked the half-crown, and kept it separate—I afterwards gave it to the constable—on Saturday morning, the 28th, I saw the prisoner again—about twenty minutes before 6, he came and asked for 1d. worth of coffee, and three-half-penny-worth of gin, and gave a half-crown in payment to my son—I ran out and picked it up, and said, "This is bad," and handed it over to a constable who was there at the time—the prisoner said he did not know it was bad—I told him he had passed another on the Thursday—he said he had never been in the house before—I marked the half-crown—this is it—I recognised the prisoner again directly he came in.
WILLIAM NOEL . I am the son of last witness—on Thursday, 26th April, the prisoner came and asked for two pennyworth of rum—my father served him—he put down half-a-crown in payment—I picked it up and gave him change, and put the half-crown in the till—there was no other there—the prisoner drank the rum and went out—my father then went to the till, and took out the half-crown and showed it to me—on the Saturday about twenty minutes to six, the prisoner came again for a cup of coffee and some gin, and put down a half-crown—my father came forward and took it up, and told him it was bad—the prisoner said he was not aware of it.
495. WILLIAM WRIGHT (24) , PLEADED GUILTY to a burglary in the dwelling-house of Charles Woodward, and stealing a coat and clock his property, having before been convicted in January, 1860. Seven Years' Penal Servitude .
Before Mr. Common Serjeant.
MR. STRAIGHT conducted the Prosecution. MR. TAYLOR the Defence.
MATTHEW BLOWFIELD . I am a process server of 5, Peter Street, Horsleydown—on Friday night, 20th April, about ten minutes past 10, I was in High-street, Borough, passing the corner of a narrow court, and the prisoner seized me by the collar with one hand, and in front with the other, tripped my heels up, and laid me on my back—there was another man with him who put his hands into my trousers pocket, but there was nothing there—he then put his hand into my waistcoat pocket and took out three penny pieces and 1s.—I am positive the prisoner is the man—the other man sprang away to the left towards London Bridge—I should know him again—I was struggling with the prisoner, when a policeman came down the court—the prisoner bobbed from me to the right towards the Mint and into High-street, and the policeman after him, who caught him and brought him back, and I gave him in charge.
Cross-examined. Q. You say he laid you on your back, did he do it violently? A. No, he tripped my heels up—I was perfectly sober—I did not at first say that it was half-past nine o'clock—if I said so at the Police-court in my confusion it was not so, and I think you will find in my evidence that I said ten minutes past 10, but I was really unnerved and knocked about—the constable was coming down the court from High-street—I heard the prisoner give his address up that court—there was violence used, he hit my head on the pavement and knocked me about—I said nothing about that before, I was not asked—I charged him with robbery next morning, and with assault—I had come from Tooley-street—I had been at Mr. Fescons, the Britannia public-house, for half or three quarters of in hour writing a letter.
MR. STRAIGHT. When your heels were tripped up did you fall on the back of your head. A. Yes.
JOHN ISAAC WATERS (Policeman M 286.) On 20th April I was coming down a little court from High-street, Borough, and heard Blowfield say. "It is no use knocking me down and robbing me, for I have nothing to rob"—I found him on the ground, and saw the prisoner leave him—I went after him, met him, and asked him to come back with me—he did so, and Blowfield gave him in charge, but he escaped from me, and was stopped by another constable—I searched him and found a knife and 1s. 7½d
Cross-examined. Q. Which way were you coming? A. Down the court from the Mint—I found Blowfield two or three yards up the court—he had been drinking, I thought, but he was quite capable of knowing what he was doing—I saw no other man—the prisoner gave his address 2, Disney-street, that is at the top of Mason's-court—Blowfield was not hurt, only a little flurried by being knocked down.
JURY. Q. Was the prisoner hurrying away or walking quietly. A. He was walking at a quick pace.
COURT. What time was it? A. About 11 or ten minutes to 11 when I got to the station—when I met the prisoner he was between the prosecutor and me—he must have passed him lying on the ground—he was going from the prosecutor up the court, and when he escaped he passed the prosecutor again—the prosecutor was not drunk, he was excited. GUILTY .—He was further charged with being before convicted at Newington, in January, 1862, to which he PLEADED GUILTY.**— Seven Years' Penal Servitude .
Before Mr. Justice Montague Smith.
MR. TURNER conducted the Prosecution.
PRISCILLA COPPOCK . I am the wife of Thomas Coppock, a labourer, of 4. Cromer-street, Lambeth—I had a son named Samuel Coppock, aged 23—he came home on Monday, 9th April, and on the following Wednesday he was brought home by two men—he was afterwards attended by a surgeon, and died on the following day at half-past 9—there was never anything the matter with him before—he worked at the iron-works.
MARTHA KENDAL . I am the wife of Keenan Kendal of Lambeth—I knew the deceased—I was with him on Sunday, 8th April—he was at my house all the afternoon—I was with him at the Dover Castle, Westminster Road, just before 11 o'clock on Sunday evening, and saw the prisoner there—she called him across the road; she answered me when I called him back; the went towards him, they were together a few minutes—I then called Coppock, and the prisoner said, "that she did not want any b—man"—directly she said that word to me, she struck him with her fist on the lower part of his stomach—he came across the road and said, "She has struck me"—he seemed in great pain, and turned all manner of colours—he was not able to walk upright—the prisoner could not hear what he said—I saw him on the Tuesday, and he complained that he was ill and of the same pain.
Prisoner. I was not there that night, and did not see this woman.
COURT. Q. Did you know the prisoner before? A. Yes, I have seen her three times, but know nothing of her—I am sure she is the person—I only know her by sight, but I have spoken to her three times.
MARY ANN WILKINSON . I am the wife of Henry Wilkinson, of Lucretia-street, Waterloo-road—on Sunday night, 8th April, I was in the Dover Castle from 7 to 11 o'clock, and saw the prisoner there—I had known her previously—I spoke to her there—I did not see her leave, but did not see her after 10 o'clock.
HANNAH SCOTT . I am the wife of James Scott, of 6, London-road—I have known the prisoner 18 months—I saw her on Sunday, 8th April, at the Dover Castle, from 5.15 till half-past 11 at night—I remember it. because I received a blow on the eye in the public-house that night.
Prisoner. It is all false; I was not there at all.
COURT. Q. Was the prisoner sober? A. I do not know, she was drinking all the evening.
JOHN BIGLEY . I live at 3, Skin-market, Southwark, and work for Mr. Prooser, at the Champion Brewery—I knew the deceased—I saw him on 9th April, and engaged him to come and work for me next morning—he did his work that day, he also worked with me on the 11th from six in the morning till 5.30 at night—I went home with him, and as we went down the Borough-road he said, "Oh dear, how bad I do feel" I said, "What is the matter?" He said, "I feel as if somebody was tying a knot in my inside, I cannot walk any further."—He went and sat on the step of the Borough-school—I took him into a doctor's.
CHARLES BEVIS . I am a surgeon, of 138, Westminter Bridge-road—I was called to attend the deceased on 11th April—I found him in bed—he complained of very great pain over his bowels, his whole abdomen was much swollen—I found no marks of violence—the symptoms were great pain and vomiting—he was very ill indeed, and was to my mind suffering from inflammation of the membrane covering the bowels, peritonitis—I attended him till his death, and saw him many times—he died on Thursday, the day after I saw him first. I made a post-mortem examination, and found very extensive peritonitis, quite sufficient to account for death—there was no external evidence of bruises, but on examination the muscle covering the abdomen was discoloured as though from bruising—the symptoms were such as would arise from external injury—a blow from the fist on the abdomen might cause what I found—he was a very healthy, strong, muscular man.
COURT. Q. How do you account for there being no mark on the skin? A. The deep seated parts may be injured without the skin showing it—he denied having received a blow when I saw him, but he was suffering so acutely that he could hardly attend to my questions properly—there was no internal disease to account for what I saw—the organs were all very healthy—you would expect a violent blow to produce the injury, but it might follow a blow not so violent—there was no predisposition to inflammation—the bruise was on the left-hand side of the navel—it is within my experience that a blow delivered there might leave no mark on the skin.
HENRY HEATH . (Police-inspector L.) I took the prisoner, on the 16th, at the Dover Castle—I asked her her name—she said "Margaret Morragan"—I said "I shall take you for having caused the death of a man by striking him on the lower part of his stomach last night week, in the Westminster-road, near this house"—she said, "Oh, Christ, speak out, let these people hear you'—I took her outside the house, and then said, "The name of the man is Samuel Coppock, and the Coroner's jury have returned a verdict against you of manslaughter, for having caused his death"—she said, "I know no such man; I was not in the Westminster-road that night at all"—on the way to the station she said, "I heard something of this, and I went to the Tower-street station," I understood her to say, "on Saturday night last, but they knew of no charge against me"—that is not the station where I am attached but it is the station of the district—I cannot of my own knowledge say whether that was so—On Monday morning I saw Jane Bone, who was
examined before the Magistrate—she was then in bed with a new-born infant—she certainly is not able to attend here.
Prisoner. I told you that I heard of it on Saturday night. I was taken down to Tower-street station at 12 o'clock. Inspector Edwards took my address, and said, "When we want you we will send for you. Witness. No; you said you heard something of this, and went to the station.
COURT. Q. Did she tell you that she went there to inquire, or that she was taken in custody? A. She said that she went there, but before the Magistrate she said that she was taken there in custody.
MARTHA KENDAL . I know Jane Bone who was examined at the police-court—she lodges at my house—I saw her at 10 minutes past 9 this morning—she is not in a state to come here—she was confined last Sunday morning, about a quarter past 6.
HENRY HEATH (re-examined.) I was present at the prisoner's examination before the Magistrate on 17th and 20th April, and also before the coroner on the 16th—I heard Jane Bone give her evidence in the prisoner's presence—he had the opportunity of cross-examining her—I saw her sign her deposition.
The deposition of Jane Bone was here read as follows:—"I am single—I lodge with Mrs. Kendall—I have known the prisoner some time to speak to—I was keeping company with deceased—I was with him and Mr. and Mrs. Kendall on the 8th instant in Westminster-road—the prisoner called him—he went to her and stooped down to hear what she had to say—they were not together above three seconds—I called him to come on—she struck him in the lower part of his person—he doubled up and turned all manner of colours and leaned against the wall, and said, "I do feel bad"—they were not quarrelling, but I heard prisoner say to Mrs. Kindall, "I don't want your b—y man"—I went with the deceased to his house—he could hardly walk and seemed in great pain—on 10th instant, at night, I met him, and. he complained that he felt very bad—I never saw him alive after that—I have seen the prisoner in his company two or three times, but not for the last eight or nine months, during which time he has kept company with me.
Cross-examined. I did see prisoner strike deceased—I saw her well, she stood by herself "—The deposition of 20th April stated—I never said that I was not with deceased, but at home at the time.J. BONK."
Prisoner's defence. My mother can prove that I was at home and in bed with her at the time this happened, and so can my sister and two more witnesses.
The Prisoner called
ANN MORRAGAN . I am the prisoner's mother—I recollect April 8; I ought to, when I was brought to memory of it—the prisoner has lived with me for eight or nine weeks during the time her husband was in St. Thomas's hospital—he is a waterman on the river, but is very ill with pleurisy and bronchitis—they are lawfully married—I was before the Magistrate—the prisoner got up on this Sunday morning at half-past 7, and from then till a quarter to 11 she was never outside the door, unless she stood at the door—she was not out of doors all day unless she went across the road, but she went to bed with me and my two children at 10 o'clock—I went to bed about a quarter to 11, or a quarter-past 11, to the best of my knowledge.
Cross-examined. Q. What were you doing during the evening? did you go out at all? A. No, not for many a week on a Sunday—I was doing nothing, only having my cup of tea—I had that, perhaps, at 4 o'clock—after tea I did nothing but sit on a little chair or stool—my daughter was with me
sitting down—I never thought of this trouble—I could not live in the parish of Lambeth without my knowing the Dover Castle—I am not in the habit of going there, but on this Sunday night I take my oath I was not there—I live four or five minutes' walk from it.
MR. TURNER. Q. At what time did you go to bed? A. About half-past 11—I had means of knowing that my daughter was at home; why did not they let me know of it till a week after the man was dead? my daughter was not there any more than you were.
JOHANNAH MORRAGAN . I am single, and live with my mother—I never went out of my sister's company from 7 o'clock till she went to bed—she was sitting with me at the street door from 7 till 11 o'clock, or it might be a quarterpast 11 before we got into bed I dare say—I mean that we were sitting at the street-door all that time except one minute, when she left me to get a candle for Mary O'Donnell, who lives up stairs, and who is here to prove it—the prisoner went to bed at 11 or a quarterpast, the same as I did.
Cross-examined. Q. How do you account for the date as 8th April? A. I believe it was last Sunday five weeks—I noticed that Sunday because we had both been in the habit of going out on Sunday, but that Sunday she did not go out at all—I did not know the deceased—we were sitting at the door from 7 to 11, till we went to bed, barring one minute—part of the time it was dark.
MART O'DONNELL . I am single, and am in service with Mr. Barrett, at Mortlake—this is the first time I have been examined—my mother was dangerously ill at 33, Frances-street, Westminster-road, where the prisoner lives, and I was sent for to go up from Mortlake—I went up on Sunday—it was as near as possible 4 o'clock when I arrived at home—I sent for a candle at about half-past 10 or a few minutes later—they were putting up the shutters and closing the shop—the prisoner was sitting on one side of the door, and Mrs. Shields at the other—the prisoner said, "Shall I bring you the candle?"—I said, "If you will be so kind"—I did not go out—I did not go back till the Thursday—I had seen the prisoner sitting at the door before that, when I went out for some milk to make some arrowroot—I saw the prisoner again at about twenty minutes to 9, when I let a friend out who had come to see my mother—I think it was the prisoner who knocked three times at the door for me—when I wanted the candle, I sent the prisoner for it—I do not think it was quite half-past 10—she brought it from the corner shop—I saw her after that, when I went across to the beer-shop, the corner house, to get a pint of beer for myself—directly I left the candle up stairs and got the jug I came down—the prisoner was then sitting at the door with a shaw! over her head—I had occasion to go into the yard after 11 o'clock—the street-door was then locked, and the house was quiet—I bolted the back door after me.
Cross-examined. Q. At what time did you send out for the candle? A. A quarter or half-past 10—it might not have been later—I have known the prisoner some time, but I live away from them—I come up once a fortnight or three weeks, on a Sunday—I know it was 8th April because I received a letter on the 7th to come up and attend to my mother, and surely the next day must be the 8th—when I sent the prisoner for the candle her hair was in disorder, and her face dirty—she did not seem as if she had been away from the door, as she was very untidy, and I did not know that she had combed her hair out.
8th April, I was standing at the street-door with the prisoner—it was from about half-past 10 to a quarter-past 11—the public-houses were shutting up—I said that it was time for her to come to bed, as the public-houses were shutting up—she came in and said, "Good night, Mrs. Shields; I am going to bed"—her mother said, "Mrs. Shields, tell Mrs. Casey to shut the door, as me and my family are in bed"—Mrs. Casey is the landlady.
Cross-examined. Q. Can you tell me how the prisoner was dressed? A. She had neither bonnet or shawl on—she had a buff cotton dress—she was quite sober—she was with me all day on Sunday—she did not move out at all; scarcely outside the door—I live up stairs, and she lives in the lower part; but I went up and down stairs, and she said to me, "I am sure I shall not go out to-day, because I have got no clean clothes to put on:" only very shabby clothes, just such as I have on myself now.
MARY CASEY . The prisoner and my son and one of the lodgers were sitting outside—I was in my room, and saw them—I would not move out, for fear of the draught—they were there till quarter past 11, when I closed my door, and the prisoner went into her own room—I did not see her go into her room; but her mother told me her family were in bed, and I was to close the door—I did not see the prisoner, but I knew her voice—I have known her since she was a little girl—I did not see her at a quarter past 11, when her mother told me that her family were all in.
MARY CALNEY . I live at Mrs. Casey's, 33, Frances-street—I was at home on this Sunday night, and saw the prisoner at our door, to the best of my belief, at half-past 10 o'clock—I have got a clock, and I think it is right—it was a fine afternoon, and they were sitting down at the door—I saw her sitting there after that, and Johnson, Morragan, and Mrs. Shield—she sat there from half-past 10 till half-past 11—I was at the door—my boy was sitting with them, and I went and told them to come in, and the landlady said, "Shut the door; it is time for us all to go to bed"—Mrs. Morragan said, "Is Margaret in?"—she said, "Yes;" and I saw her going into her bed-room—she lives in the back parlour. NOT GUILTY .
NOT GUILTY .
ADJOURNED TO MONDAY, JUNE 11, 1866.