CENTRAL CRIMINAL COURT
SECOND SESSION, HELD DECEMBER 17TH, 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, December 17th, 1866, and following days,
BEFORE THE RIGHT HON. THOMAS GABRIEL, LORD MAYOR of the City of London; Sir JOHN MELLOR, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; WILLIAM TAYLOR COPELAND, Esq., THOMAS CHALLIS, Esq., THOMAS QUESTED FINNIS, Esq., Sir ROBERT WALTER CARDEN, Knt., and WILLIAM LAWRENCE , Esq., Aldermen of the said City; The Right Hon. RUSSELL GURNEY, Q.C., M.P., Recorder of the said City; ROBERT BESLEY, Esq., and ANDREW LUSK, Esq., Aldermen of the said City; THOMAS CHAMBERS , Esq., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriff's 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.
SYDNEY HEDLEY WATERLOW, Esq., Alderman
FRANCIS LYCETT, Esq.
ALEXANDER CROSSLEY, Esq.
HENRY DEJERSEY, Esq.
CENTRAL CRIMINAL COURT.
GABRIEL, MAYOR. SECOND 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, December 17th, 1866.
Before Mr. Recorder.
75. JOHN BLAKE (23) , Stealing two saddles, one portmanteau, three cases of soap, a bottle of oil, and other articles of Edward Harris, his master; and MOSES MOSES (57) , feloniously receiving the same.
MESSRS. METCALFE and LEWIS conducted the Prosecution, and MESSRS. RIBTON and WILLIAMS the Defence.
CHARLES BROWN (City Policeman 904). On Sunday, 14th October, I went with Sergeant Moss and others to search Moses's premises, in consequence of a complaint he made of being robbed—we went to ascertain the state of the premises, and to get evidence of what he complained of—I had been in the next warehouse the day before about the same thing—Moses's warehouse consists of a cellar, a ground floor, and an upper warehouse—it adjoins a warehouse of a similar kind, which was empty—it is in Black Horse Yard, Petticoat Lane—there is a name up, Moses Moses, dealer in marine stores—we examined the warehouse adjoining, and found a hole had been made through the brickwork into Moses's warehouse—we then went to Moses's warehouse to see the hole on that side, and on removing some rags near the hole, we discovered an eardrop and some gold brooches and pins near the hole—we made further search and found two saddles, some silverplated goods, military bridles, portmanteaus, and numerous other things (produced)—both these saddles were under some tons of rags—here is the name of Whippy and Steggall, North Audley Street, on them, and under the flap is the name of Captain Bradford—they are both quite new, and were then in better condition than they are now—this portmanteau was about two yards from the saddles, under the rags—you could only see the rags—it is quite new—there has been a plate on it, which has been taken off—the strap of the lock has been cut, and it has been forced open—I have tried this plate (produced) to the portmanteau, and it precisely fits—it bears the name of Edmund Webb—the maker is
Southgate, of Watling Street, which is on it—these five books were in the portmanteau, one is a Catholic Bible, also a collar box, eleven fancy ties, two soap boxes, and some of Rimmell's scent and hair wash, with other things.
Cross-examined by MR. RIBTON. Q. When was the complaint made at the office? A. About two days previously—I was not there when he came—I believe it was on Friday—I found the hole on Saturday, which was his Sabbath, and on Sunday I went again and found these things—he was taken in custody that day by Sergeant Moss—I am in the habit of going about that district, and have passed the place pretty often—there is an empty warehouse on one side, and Moses's warehouse is a corner house—there were three officers on Saturday, Sergeant Redford, and Acting-Inspector Martin, and me—I have not seen them here—I do not know whether they are witnesses—Inspector White was not one of them—there is no such inspector in that district—on the Sunday Sergeant Moss and Green went with me—they are here—we remained ten, twelve, or fifteen minutes examining—we found two or three things in the empty house which had been used to scrape the mortar away, an old knife and a chisel—some jewellery was also found in the empty house by Obee—I saw the jewellery found near the hole—I know Moses's private residence, it is in Gravel Lane—I went there—some of the rags were in a beastly state, almost putrid—two persons were apprehended on 14th October by Moss, Green, Obee, and myself on a charge of breaking into the premises—they were discharged—they were only once before the Magistrate—I do not know that one of them has been taken again.
MR. METCALFE. Q. On the Sunday when you went there had you removed the heap of rags? A. We had not.
JAMES OBEE (City Policeman 899). On Sunday, 14th October, I assisted in searching Moses's private house, 30, Gravel Lane, Houndsditch—I found some metal cuttings in a bag, which was brought away, and on searching it at the station I found this plate, with the name of Edmund Webb on it—I assisted in searching the warehouse afterwards—I found an earring in the empty warehouse near the hole—I got through from Moses's ware-house with a candle, opened the loft door, and then found an earring among the mortar in the hole—I also saw other goods found—I took Blake on 30th October, and told him he was charged with stealing four cases he was entrusted with by Mr. Harris to take from his employers, Smith and Elder, of Cornhill, to the East India Docks—he said, "I know nothing about it, my master did speak to me about it"—I said, "What did you tell him?"—he said, "He told me to go home and consider of it, and come next morning"—I said, "Did you do so?"—he said, "No, I was ill, I had the faceache"—I said, "Where were you last night, you were not at your lodgings?"—he said, "No, I was at Holborn for a week since this occurrence"—he told me he lived in Elizabeth Place, William Street, Shoreditch—I had been looking for him several days, and had been to the neighbourhood, but not to the house.
Cross-examined by MR. WILLIAMS. Q. Did you go into the house in Elizabeth Place? A. I went in afterwards.
JOHN MOSS (City Detective). I was at the station when Blake was brought in—the charge was read over to him, and he was asked what he had to say to it—he said, "Well, I suppose if they have got my name down to them I took them"—I said, "How is it you had the goods on the 15th and did not deliver them till the 16th?"—he said, "If I had them I
took them the day I received them"—Moses's warehouse was searched on the Sunday under my direction, and I saw the jewellery found under a heap of rags; five brooches, three pins, and four earrings were found at that time, and a day or two afterwards another earring was found—this is a list of the whole of the property which I made out very shortly after-wards—among the other things were the portmanteau, these saddles, this plate, and many other articles—the plate had been wrenched off the portmanteau—when I went in I could see nothing but the heap of rags—when the first earring was found I said to Moses, "Halloa! what is this?" he started back and said, "I do not know, I never saw it before in my life"—I said, "Oh! then perhaps the thieves who have robbed you of your cloth have left you the jewellery in exchange; we must search on"—in clearing away the rags we found the other articles—there were two cast-iron safes, and it appeared to me that the thieves, in cutting away the wall, came upon the safes, which had been broken with a sledge hammer—we have them here, and the marks of a sledge hammer are on them—on clearing them away and the rags, we found the other jewellery, it appeared to me that the safe fell in, and I thought the thieves had robbed him of a deal of jewellery, and these articles had fallen—the safes were close to the wall, so that they could reach them with a hammer—the jewellery was among the pieces of iron and under some rags—I said, "Now, Mr. Moses, this alters the case altogether, I shall charge you with having stolen property"—he said, "Good God, Mr. Moss, you do not mean that"—I said, "I do; hand over your keys, and I will take charge of your place"—we then proceeded with the search, and when the saddles turned up I asked him what account he could give of the possession of them, and of each article as it turned up, and he would pick up something else and say, "I bought this at the Arsenal," or, "I bought this at the sale"—he always avoided the question—he gave me no explanation of the portmanteau or saddles—we had to remove several tons of rags in order to get them, and we found a large quantity of plate before we came to them—all the things that were found were under the rags.
Cross-examined by MR. WILLIAMS. Q. Who was present besides you when Blake was taken to the station? A. Obee—the sergeant read the charge over, and I said, "What have you to say?"—he then said, "If they have got my name down, I suppose I took them," meaning to the Docks—I generally ask prisoners when they are brought in what they have to say—I went on putting questions to him, such as, "Why did not you take them till next day?"—I was in plain clothes.
Cross-examined by MR. RIBTON. Q. Were the two safes under any rags? A. A great many rags had been cleared away on each side, but there were not so many there; there were pieces of rag over them; they were five or six yards from the portmanteau, or more—the rags were packed up to the top of the warehouse—anybody getting at the bottom of the rags could thrust anything under, but a large quantity of cloth had been stolen from the warehouse—I did not hold the saddles up to him, they were handed down to me, and I said, "How do you account for these?"—he said, "I bought this at a sale;" but at that time he happened to be handling something else—things are sold at the Arsenal, I believe.
COURT. Q. Could anybody getting in from the empty warehouse have thrust the things in among the rags; could these bits of safe have been thrust in from the other side? A. No—the hole was level with the floor, and large enough for anybody to get through—the rags came over it—it is
my opinion that the rags had been cleared away by the person who had got into the premises—the articles on each side did not appear to have been disturbed—there was a great deal of pepper put among the rags to keep moths from them, and it was not a very agreeable job—we found this hammer (produced) in Moses's warehouse; he said nothing about it.
WILLIAM RICHMOND . I am in the service of Messrs. Whippy and Steggall, saddlers, of North Audley Street—these saddles and bridles were made by me for Captain Bradford, of Bombay—I put them in a case and forwarded them by Messrs. Smith and Company, of Cornhill, on the 10th August.
FREDERICK LLOYD . I am superintendent of the portion of the foreign department of Messrs. Smith and Company, into which these goods would come—Mr. Henry Samuel King is one of the partners, and there are others—in July last we received an order to execute for Mr. Webb, of Shanghae, and sent three cases to the East India Docks—I know that goods were received for that order from Messrs. Whippy and Steggall, but they came into another department—they went to the Docks with the case I sent out—I did not see them go—I know that one case was received—the shipping clerk is here—I ordered this portmanteau from Mr. Southgate for Mr. Webb, and directed him to put "Edmund Webb" on the plate—this is the plate—I put several books into the portmanteau, and some address cards—there were four books in it when I saw it, The Memoirs of Count Grammont, Burke on the Sublime and Beautiful, Ayton's——, and the Douay Bible, and I find them still in it—I also put into it some glycerine soap, some bottles of hair wash and tooth powder, eleven fancy ties, two soap boxes, three boxes of patent gun oil, and there was a collar box, which was an enclosure for Captain Bradford from a friend of his—I procured those for Mr. Lovett and Mr. E.H.S. Croix, and the different articles are marked E.W., S.C., and C.L.—they were delivered to James Danks to send to the Docks.
Cross-examined by MR. WILLIAMS. Q. Did you see them go off the premises? A. No.
Cross-examined by MR. RIBTON. Q. How many cases were sent? A. Five, one for Captain Bradford, one to Hongkong, and three which have been found—I expect the fifth has gone on, that contained ironmongery and hardware—I know all that the portmanteau contained—I executed the order entirely—there was no dressing-case or box of any sort—the collar-box was sent to Whippy and Steggall to be enclosed in the case they sent—it came to our place packed by the sender, whoever he was, and I am not able to say what the contents were.
MR. METCALFE to WILLIAM RICHMOND. Q. Do you know anything about the collar-box? A. I was not aware what was in it, but a box of that description was brought to me, which I enclosed.
JAMES DANKS . I am shipping clerk to Smith and Co., of Cornhill—I received the five cases spoken of by Mr. Lloyd, and gave them to Messrs. Scudder's carman on the 15th August—there were I think seven cases in the same load; one was for the West India Docks and another for the East India Docks marked E.R.C.B., another was marked C., another M. W., and another C.L.—they were to go out by three different ships to Bombay.
Cross-examined by MR. WILLIAMS. Q. Did you deliver them to Harris?
A. Yes—I receive them as soon as they are packed, and next day send them to the Docks—cases are not always delivered to Harris the same day that they are packed—sometimes they stand two or three days in the warehouse or cellar for stowing goods for shipment—a good many men are employed on our premises, but one attends to this specially—some of the men have access to the warehouse and different parts of the premises.
MR. METCALFE. Q. How were the cases fastened? A. Securely packed—they are lined with tin, which is soldered, and the outside cases are nailed and hooped, so that if one was opened in our warehouse our people would know it at once—it is not likely that any one would have the opportunity of undoing the solder—I should have noticed if there had been anything amiss with them when I delivered them, and in being lifted, if a quantity of things like saddles had been taken out I should have noticed the deficiency in weight—when I delivered them to the foreman they were all in sound condition—some of them had been packed the previous day.
JOHN SOUTHGATE . I assist my father in his business in Watling Street—this portmanteau was made on our premises by a man in our employ, and I put this plate on it myself—we did not pack it in a ease; it was sent as it is.
EDWARD HARRIS . I am one of the firm of Scudder and Co., carmen—Mr. Wolsey is one of the partners—on the 15th August I sent to Messrs. Smith and Elder some goods for the East India Docks—the prisoner Blake was the foreman; he had a horse and cart—I remember his return that evening—I did not ask him whether he had left them, but I have booked the cases as delivered, and he gave me this toll ticket—he told me he had booked twelve cases—there were thirteen, but my foreman took one to St. Katherine's Docks, and Blake went with the rest to the East and West India Docks—this is the book; I have written in it from his dictation: "Cart, thirteen packages East India Dock, one St. Catherine Dock, by E. Bowley, toll 6d."—about the 20th October I said to Blake, "You recollect the robbery of Moses?"—he paused a moment, and said, "I think I do"—I said, "It appears there is some property found there which was in the cases which you took from Smith and Elder's to the Docks, I want you to think it over whether yon gave anybody a ride or stopped to have any beer; think it over and let me know in the morning"—he promised to do so, but I never saw him again till I saw him in custody four or five days afterwards at the Mansion House—I did not employ him regularly—he was only odd man—I used to find him on the stand in Houndsditch—after I spoke to him I did not see him on the stand.
Cross-examined by MR. WILLIAMS. Q. I understand you to say he was not regularly in your employ from day to day? A. No—sometimes as much as a week or a fortnight would go over without my employing him—this toll ticket is for the Commercial Road—this "15 | 8" stands for the 15th of the eighth month, and sixpence is the money paid—I sent the cart to fetch these things to where it was ordered, Smith and Elder's, and if they were not ready they would tell the prisoner to come in half an hour—he would take a ride, perhaps, or walk round to the market or Leadenhall Street and back again—he would generally take the goods to the Docks, but in this case he did not, because he went to the stand and then came back to me for the toll money—I met him as he came up, knowing that he had no time to lose, and took out a small case for St. Catherine's Docks—he is simply a carman in somebody else's employ, and is employed by anybody—he is not the only carman I employ—there are five, six, or
seven standing there, but I know he is the man I employed that day, because of my entry, in which here is his name, "Blake"—goods sent to the Docks are sometimes two hours, and sometimes three hours before they are shipped—he was away three hours and a half that day—I have booked it.
MR. METCALFE. Q. You say that you met him and took out one package; was the cart then loaded? A. Yes—the other twelve cases were in the cart, which hardly stopped, because there was so short time, and the cart then went on; that was at the stand at the corner of Houndsditch, at Bishopsgate Church—I hardly know where Moses's place is.
COURT. Q. Did you receive a receipt from the Docks? A. No—I wish it was arranged that we should do so—they do not give receipts.
EDWARD BRAMLEY . I am foreman to Messrs. Scudder—on 15th August I received a package from Mr. Harris out of the Dock, at the stand near Houndsditch—there were some cases in the cart when the package was taken out—Blake drove on the cart—he was by himself—it was about twenty minutes to three in the afternoon.
Cross-examined by MR. WILLIAMS. Q. Are you speaking of Black Horse Yard or the other premises? A. Black Horse Yard—they need not go all round Houndsditch to get there—that would be in the way to the West India Docks.
CHARLES DUNNAN . I am a wharfinger at the East India Dock—I inspected a case to which my attention was drawn by Tyson—it was marked "E.R., C.B., and S.E. & Co.;" underneath "Bombay, No. 5"—I shipped the case—it was received by us on 16th August—the case at that time was apparently in perfectly good condition, and the same when I shipped it—I hold the chief officer's receipt—it was shipped on 23rd August—it was all fastened up properly to all appearance—it was in good condition.
Cross-examined by MR. WILLIAMS. Q. There was not the slightest mark of its having been tampered with? A. No, not that we could see—Tyson received the case into the shed and I went in afterwards to see it.
GEORGE TYSON . I am shed-keeper at the East India Dock—I received a case marked "E.R.C.B.," with "E.C." underneath it, from Smith and Elder—I can't say who brought it—I entered the date on the note—it was the 16th, early in the morning.
Cross-examined by MR. WILLIAMS. Q. Does it appear on that paper that you received it on the 16th? A. Yes, the date is on the back—it is my writing—the case would remain at the Docks from the 16th to the 23rd—I do not know of any robberies at the Docks—I only speak for my own place where I am employed—I cannot speak of other places.
JOSEPH BATEMAN . I am shedman at No. 2 department, East India Dock—I received two cases from Smith and Elder's, marked "E.W., S.E. & Co.," and "S.E., S.E. & Co."—I received them on the 16th—I can't say at what time—they appeared in perfectly good condition when I received them, nailed up properly—this (produced) is the shipping note—I receipted that—it is dated "16 | 8 | 66"—I gave that back to the carman, who took it round to the office—mine is a different shed from that of Tyson's—his is for Bombay, and mine for China
received two cases marked "E.W. and S.E. & Co.," on 16th August—this is the shipping note—it is dated "16 | 8 | 66," and has my initials at the back—the cases were to all appearance in good condition—the toll-gate in the Commercial Road is over a mile from the Docks.
GEORGE JOLLY . I am wharfinger at the central dock, East India Docks—I invariably put discharges on the cases—I produce the shipping orders—they are sometimes brought to me by the carmen—sometimes the shedmen bring them, but very rarely—I price them and enter them in a book—here is an entry "Received on 16th E.W., S.E. & Co."—it is not my entry—it is a clerk's—I could not say that I saw it at the time—this is my writing, "Received on 16th, and shipped on the 18th, two cases marked E.W., S.E. & Co., and S.E., S.E. & Co."
MR. HARRIS (re-examined). It was my own horse and cart that Blake had—he brought it back empty.
BLAKE— GUILTY . MOSES— GUILTY .
MOSES was further charged with having been before convicted of felony at this Court in May, 1854, to which he PLEADED GUILTY.
WILLIAM GREEN (City Policeman). I assisted Moss in searching the upper loft of the warehouse of the prisoner Moses on 14th October—I there found a box containing a quantity of ladies' companions, tooth-brushes, and combs—it was at the top of the stairs underneath a quantity of sacking, which completely covered it from view—it was an old box without a lid.
WILLIAM MONK . I am in the employment of Mr. Hyman Abraham Abrahams, a foreign warehouseman, of Houndsditch—I superintend the shipping department—I have been shown the goods spoken of at the Mansion House—there were five dozen and three-quarters ladies' companions, five dozen and three-quarters tooth-brushes—the value of the things was 22l. 17s.—I had superintended the packing of those goods—a certain number of the parcels contain my handwriting—they were done up on the 20th September, and placed in four packing cases, marked M.S. in a diamond, and numbered 63, 64, 65, and 66 but no address—these produced are some of those goods, which were in cases 65 and 66—on the 21st September the cases were delivered to Mr. Harris, carman, between one and two o'clock, to be taken to the Docks—I saw the carman later in the day—he said he had delivered them all right, and I gave him 2d. for beer money—these goods are for the most part in the same state as when they left our house—some of them have been opened—most of them have our private mark upon them.
EDWARD HARRIS . I am a partner in the house of Scudder and Company—Blake was the carman who went to Mr. Abrahams for me on the 21st September—he reported to me in the evening—I have the book here—he had from Mr. Abrahams four large cases to take to the East India Docks; toll 6d., four hours—this is the toll ticket.
Cross-examined. Q. Is the entry in the book in your writing? A. Yes.
FREDERICK RYDER . I am assistant foreman at the East India Docks—I produce a receipt note containing the charges—on the 22nd September I received the four packages marked M.S. in a diamond, No. 63 to 66—it
was in the morning, according to the gate number—I could not say to half an hour, it must have been early in the forenoon.
BLAKE— GUILTY .— Seven Years' Penal Servitude . MOSES— GUILTY .
JOHN MOSS (City Detective Sergeant). When I examined the prisoner's premises, among other things, I found a quantity of jewellery in the way described—amongst it was five earrings, all odd ones, five brooches set in stones, two lockets, and three gold pins—they were found under some loose rags, between the rags and the safes that were broken—when they were found the prisoner denied all knowledge of them.
SAMUEL DAVEY . I am a member of the firm of Faraday and Davey, wholesale jewellers, Hatton Garden—on the 21st September I sent out a quantity of goods by a young man in our employment, to the value of between 200l. and 300l.—upon his return he reported that he had lost them—I can swear to this brooch (produced)—it is a turquoise, and was made expressly to order—those other articles are of exactly the same pattern as those I lost—the earrings are odd—they would be sent out in pairs—I circulated a handbill directly afterwards, giving a description of the property.
Cross-examined. Q. Is there any particular mark on this broach? A. No, I know it from the centre; it had formed a bracelet centre, and I took it out—I can swear positively to it—I advertised them as being lost or stolen—only about 5l. worth of what was lost has been found.
GEORGE TAYLOR . I am a jeweller, of No. 24, Pakenham Street, Islington—in September last I was in the employ of Messrs. Davey and Faraday—on the 21st I took out a quantity of jewellery for them—it was stolen I believe—I returned home and reported the loss—I was discharged, I believe, upon the representations made to my employers by the police that it looked very suspicious against me—I had gone to the West End first, to Regent Street—I discovered my loss opposite Whitechapel Church, at Fryett's, the jewellers, between twelve and one o'clock in the day—they were in a bag—there was no name on the bag—they were goods the same as these produced—there was a brooch in the bag similar to this, and I believe this to be the one.
Cross-examined. Q. You don't swear to that; for aught you know it may have been sold? A. Yes, it may have been—I told my employers it may have dropped off, because I carried it on the footboard of the trap, between myself and the man, and there was just a possibility of its falling off, but only one chance in a thousand—it was a very peculiar trap, it was full of other goods, and there was no room for the bag inside—the bag contained between 200l. and 300l. worth of jewellery—I had sold some out of the bag that morning—I am positive I did not sell any of these—I told my employer that there was about a chance in a thousand of the bag having fallen off, or words to that effect, but I was almost positive it was stolen—it was advertised as lost or stolen—that was done to induce any one who had it to bring it back—there was nothing on it to show to whom it belonged.
NOT GUILTY .
JOHN ALFRED HUMPHREYS . I am a wholesale manufacturing jeweller, of 23, Wilderness Row, Clerkenwell—in October last I had a traveller named George Owen—he was with me six or seven months—on the 18th October I entrusted him with between 300l. and 400l. worth of jewellery to take out to customers to effect sales if he could—he ought to have returned the same evening with the property, but did not—I communicated with the police, and issued the handbill—his father, who is a very honest man, came to me on the following evening, and made a communication to me as to what his son had done, and restored to me 50l.—that was all I saw either of the jewellery or the proceeds until the police found these gold chains (produced)—here are thirty eight gold chains, and a piece of a chain which has been cut in two—these are some of the property which the lad Owen took out—they correspond in pattern, weight, and in every respect—he had many more than these—he had about 250l. worth of gold chains—we generally weigh them before sending them out—the value of these is about 70l.
Cross-examined. Q. Are there any numbers upon them? A. There were, but the tickets have been taken off; they were not on them when I first identified them—I am in the habit of sending out chains of this description; and others—I can't say how many of this description I had sent out within six months of this transaction—I don't think I ever sold any of this particular pattern; one is a lady's chain—this piece of chain I cut myself—I have the invoice of it; it is not a very common pattern—I had no other of that pattern—I bought it second-hand of a manufacturing jeweller, Mr. Newman, of Birmingham—the others are common patterns—I know them by their general appearance and the weight—I never let that quality go out of my hands till that morning—there were fourteen alberts and nine guards of that quality in the parcel—I weighed them—there were others, altogether about fifty-three or fifty-five—I did not count them—I am not the maker of any of them.
MR. METCALFE. Q. You said that you cut one? A. Yes, into four necklets, and this piece I had by me—they were not tied together when sent out; they were in a roll of wool and silver paper, and brown paper outside.
COURT. Q. Have you the weight of each of the fourteen alberts and nine guards? A. In the bulk there are only four of those here—I weighed these separately, and they exactly correspond in weight and pattern with those I sent out.
GEORGE OWEN . I live at 7, Britannia Street, Gray's Inn Road—I am now a milk carrier—on the 18th October I was in the service of Mr. Humphreys—I carried out a quantity of jewellery of his that day on foot—I met with a man I had known some little time, and he induced me to go away with him—he said he knew a party in London that would buy it—I met him at a music hall in John Street—he had said that to me several times before I took notice of it—he knew in whose service I was—in consequence of what he said to me some little time afterwards I went with him to his house where he lodged, and he made an arrangement with two men—they came there while we were there—I should know them again—they had weights—one came in first while the other waited outside—the one that came in first weighed all the jewellery, and gave 110l. for it—he called in the other man from outside, and he had the money—the man that induced me to go away took up half of the money—his name is Curran—I took the other half—the man that weighed the jewellery took it away—
Curran went and got a cab, and we went to Ludgate Hill Station and went by train to Dover—when we got there Curran made some excuse, and got out of the train, and I have never seen him since—I stayed at Dover that night, and thought it over, and made up my mind to come back next morning, and go to my master—I went to my father first, and he went to my master—I restored the.50l.—there was a quantity of chains among the fifty I had—I know them, because there was one that I wore myself—this is it (selecting it)—I am quite sure this was among those I sold—when I went to Dover it was with the idea of going to New Zealand.
JOHN MOSS (City Detective). I found these chains in a safe at 30, Gravel Lane, Houndsditch—a key was found on the prisoner—there was other property in the safe, consisting of jewellery—we also found some books there, but there are no entries in them—I have them here—I have never seen any books by the prisoner as a marine-store dealer; there were no books at all at the warehouse—these are very old—there are some entries before he was convicted in 1852, but no recent ones—he has not given me any account whatever of these chains that were in his possession—I did not call his attention to them when I found them, he was then in custody—as I conveyed him to the station from Black Horse Yard he tried to get rid of the keys, and secreted them behind him on the cushion—I found that he was doing something, and took them from him—he had particularly requested that he might be allowed to walk.
Cross-examined. Q. This case has not been examined into before the Magistrate, has it? A. No, the indictment was only found this morning—the jewellery was found on 18th October—I have never seen the prisoner in reference to it—these chains were the things of the greatest value in the safe.
He again PLEADED GUILTY to the previous conviction.— Twenty years' Penal Servitude .
NEW COURT.—Monday, December 17th, 1866.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and STRAIGHT conducted the Prosecution, and MR. WRIGHT the Defence.
ANNIE DEAN . I am assistant to Mr. Goodman, a draper, of 1, High Street, Kingsland—on 17th October the prisoner came for a pair of stockings at 5 3/4d.—I served her—she gave me a florin—I tried it between my teeth—it bent very easily—I told her it was bad—she said she was not aware of it—I defaced it and gave it back to her again—she then gave me a good half-crown, and I gave her two shillings and three halfpence—she came again on 16th November for a 2 3/4d. cap or cap front—she gave me a shilling—I tried it between my teeth—I told her it was bad, and that she had been there before, and that she had given me a bad two-shilling piece, and I should give her in custody—she denied it at first, and a young lady in the establishment came forward and said, "I know you"—she then said, "I remember passing the bad two-shilling piece"—I fetched a constable and gave him the shilling.
Cross-examined. Q. Have you seen this woman coming into your shop on other occasions? A. Not before the 17th October—I should not like
to be positive that I have never seen the prisoner in the house before—she denied it at first to me in the shop, and then when others came forward she admitted it—I think I said so at the police-court—I do not know whether any inquiries have been made about the prisoner.
JAMES THORNE (Policeman 54 N). On 6th November the prisoner was given into my custody by Miss Dean, who also gave me this bad shilling (produced)—I did not search the prisoner—she put a good florin and a fourpenny-piece into my hand in the shop.
Cross-examined. Q. Do you know where the prisoner lives? A. Yes; No. 8, Selman Road, Hackney Wick—I went there and saw her husband—I found she was a respectable woman—I found nothing against her.
The Prisoner's Statement before the Magistrate:—"I was not aware the shilling was bad."
The prisoner received a good character.
NOT GUILTY .
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution, and MR. PATER defended Dean.
JAMES BBANNAN . I am in the employ of the Mint—on 24th November, about three o'clock p.m., I went to 23, Dunk Street, Mile End New Town, with Sergeant Elliott and Doughty—we were admitted to the front parlour by the landlady, and shortly afterwards saw Dean come down stairs and go out—I followed him with Doughty to the middle of the street, and said, "Well, Charley, you are suspected of being in that house for the purpose of coining; what have you got about you?"—he said, "Nothing; what house?"—I said, "You must come back"—we took him into the house and forced him into the front parlour—I then asked Cowell what she had about her—she held her left hand out, which contained a little leather purse—from the action of her arm under her shawl I seized her right hand, and found this packet, containing seven counterfeit crowns, hot, in an unfinished state—I said, "Oh! this is what you mean, is it?"—she said, "What?"—I said, "This is counterfeit coin, you must account for the possession of it"—she said, "I found it"—I said, "Very well"—I left Doughty and Elliott in charge of the prisoners, went up to the second floor front room, and on the top of a cupboard found this earthenware pipkin, hot, and three warm pads, which are used for holding the moulds—there was a clear bright fire in the room—Inspector Broad said, "Look here," and showed me this plaister of Paris mould, which was hot, and these three counterfeit crowns, also hot, wrapped up in this black rag—there was nothing in the mould—the crowns are unfinished and of the same date as those we had down stairs—going to the station Carter said, "Oh! Mr. Brannan, it is that villain Charley; you know he has put many a score away"—I said, "What you say it is my duty to repeat to the Magistrate"—she said, "I will tell the Magistrate all about it myself; you know he is a great villain; they sent me out for a long errand, and while I was gone they made these things, and when I came back they were made"—Cowell might have heard that, but to the best of my belief Dean could not, as she did not speak very loud—after they were locked up I went with Inspector Broad and other officers to 19, Gun
Street, Spitalfields—the street door was open—the landlady showed me a second floor room which I knew before, and in which I found a saucer containing white sand, three pieces of glass, and a small piece of copper wire (produced)—on the women being brought in, Dean said, "You know I know nothing about them women."
Carter. What he says is false.
WILLIAM BROAD (Police Inspector H). I accompanied the other officers, and found in the back room this bundle under a bed—I opened it, and found this plaister of Paris mould, and eighteen counterfeit crowns—the bundle was nearly all pieces of rag, in which I found this mould, and on further search this package, containing three counterfeit crowns, rolled up in these pieces of rag, also this bottle, which had contained acid, with a very small portion in it; this pipe, in the bowl of which I can see a spot of metal, and which has been used in the fire—it was cold—Brennan handed me these pads, which were warm—I had charge of Cowell going to the station—I asked her where she lived, she said, "Anywhere," and that she had been to see her sister at the house, and had never seen Dean before—Dean had told me that he did not know her—I went with Brannan to 19, George Street, and found this spoon, with metal adhering to it, and this old teapot, which contains sand, and this saucer of white sand, and this small piece of metal was handed to me by Doughty two or three days afterwards.
Cross-examined. Q. Have you tasted what is in the bottle? A. No; I smelt it, and it is acid—the spoon was in the front room at the top of the house; it was not so rusty as it is now.
Carter. The sand was used to clean the spoons and irons with.
ARTHUR ELLIOTT (Policeman 13 G). I went with the other officers to Dunk Street—I had Carter in custody going to the station—she said, "It is that b—villain Charley that has put us away, and the b—villain has put many away before"—Dean could not hear that—I said, "I shall tell the Magistrate what you say"—Brannan was about half a yard behind—I called his attention to it, and saw him speaking to her.
Cross-examined. Q. Was Dean in front of or behind Brannan? A. In front—no conversation took place between him and me, or Dean and me.
Carter. I said that I did not know how it came to my place; it was not there on Friday night. Witness. You said something like that; you did not say that it was very hard to take you for what you knew nothing about.
ROBERT DOUGHTY (37 H). I was in the passage—the two women were coming down stairs, and Cowell said, "Stop a minute, I am going to the watercloset"—I said, "No, you will have to come and let me see what you have got about you"—I pushed her into the parlour, and saw Brannan take a black packet from her hand—going to the station I asked Dean where he lived; he said, "In Flower and Dean Street"—I asked him if he lived with Cowell; he said no, she lived so far off that he did not know where—on the Sunday the landlady of the house in Dunk Street gave me this piece of metal—I took it to the station, and gave it to Inspector Broad.
SUSAN PAUL . I am the wife of James Paul, of 23, Dunk Street, who lets lodgings—on 24th November Cowell took the second floor back, in the name of Mary Newland—she had been in the front room a fortnight, and was six weeks in the back room—the other two prisoners came there three or four times a week; Carter used to come first, and Dean followed two or
three minutes afterwards, and they generally went away separately—they used to stay three or four hours till the last fortnight, and then they did not stop quite so long—I picked up this piece of metal on the parlour floor, wrapped up in paper, close by the front window, where Dean stood when the policeman had him—I did not know Carter by that name.
Cross-examined. Q. Have you ever had any conversation with Dean? A. No—I saw him there on the Friday before this, the day before I let him in, and also on the Tuesday.
Carter. I had no fastening to my door; I asked you about it each week, when I paid my rent, and you said you would have it done. Witness. You had a key, but you lost it.
Cowell. I went to see my sister, and this woman opened the door.
SARAH WEALS . I live with my mother, the last witness, and have been there three months I think—Carter occupied the second floor front room, in the name of Newland—she was there eight weeks with her husband—I have frequently let the other prisoners in—I generally let Dean in first, and Cowell came a quarter of an hour or twenty minutes afterwards—they always came in that way—they used to go to Newland's room—the only other person I ever saw go there was a short female—the husband left at five o'clock that morning, when he went to work—he came in the afternoon after the prisoners were taken, and fetched his things away, and I have not seen him since, but he slept in the house that Saturday night—the other prisoner used to stop with Mrs. Newland three or four hours—they had been there twice that week—I have never been into Newland's room, but have smelt a strong sulphury smell coming from it after the other prisoners had been to visit her half an hour—I smelt that on Saturday.
Cross-examined. Q. How many rooms are there? A. Six—there is one other lodger—I sleep in the back parlour—Dean was only there twice that week, but three or four times in other weeks.
SARAH NICHOLSON . I am the wife of William Nicholson, a toy maker, of 23, Dunk Street—we have been there three months, and occupied the same floor as the prisoner Carter—we had the front room, and she the back—I have seen Dean come out of her room, and have heard two people go in—on this day Dean said, on leaving, that they would not be long after him—I did not hear what they said—he went out not a second before the police came—I have seen him go down stairs several times—I have seen Cowell several times; she mostly came alone, and Dean came afterwards—Dean mostly left first; they remained from two to three hours.
PATRICK SULLIVAN . I am a lodginghouse-keeper, of 1, Upper King Street, Spitalfields—19, George Street, Spitalfields, is my house—Dean and Cowell lodged there two years on the top floor—there is only one room on a floor—Carter has visited them there.
WILLIAM WEBSTER . I am inspector of counterfeit coin to the Mint—this is a mould for making crowns, and here are ten counterfeit crowns made from it, but unfinished—they have not been filed—these pads are for holding the mould when hot—this copper wire is used to get the galvanic action for silvering the coins—I cannot say now whether this bottle has contained acid, but sulphuric acid is used for feeding the battery—here are some pieces of glass, and glass is used to make the moulds on; but there is nothing to show that they have been so used—this piece of metal is the same kind as is used for making counterfeit coin—this tobacco pipe has been in hot metal, and has not been coloured by tobacco, but by being put into hot metal to ladle it out—this is an ordinary iron spoon; it has
been in the fire, and has metal in it—the white sand is for cleaning the coin—if any kind of resinous substance was put into the pipkin to make the metal purer and brighter there would be a smell while it was melting, and the use of acid makes a smell.
Cowell's Defence. Dean is innocent. He only came up into the room to see if I was there, and asked me to have a drop of beer. I said to my sister, "Will you go?" She said, "No."
Carter's Defence. He never made anything in my place, and never stopped longer than five minutes. I have had no fastening to my door for the last six weeks, and have lost lots of things out of my room, and cannot account for anything which was put there. This bottle and pipe were on the top shelf when I took the room.
Carter received a good character.
DEAN— GUILTY . **— Ten Years' Penal Servitude .
COWELL and CARTER— GUILTY .— Confined Eighteen Months' each .
MESSRS. CRAUFURD and STRAIGHT conducted the Prosecution.
ESTHER SEACLE . I am single, and keep a cheese shop, at 22, Wentworth Street, Spitalfields—on 18th November the prisoner came for a quarter of a pound of butter, which came to threehalfpence—she gave me a bad crown—I gave it to my brother, George Pollock, who said, in her presence, that it was bad—she said that she took it from a gentleman the night before—my brother handed it to a policeman—on the Wednesday previous to that she had bought something, and paid with a crown, but I was not in the shop then—my sister, Betsy Pollock, was there—she came first on 30th October, for a quarter of a pound of butter and some eggs, and gave me a crown—I put it on the counter, gave her change, and then put it in the till—Mr. Pollock afterwards took it out and paid it away, and that we found to be bad—there was no other crown there—I am sure she is the person.
JOSEPH POLLOCK . I am the brother-in-law of the last witness, and keep a butter shop—I remember going to the till on Wednesday, 18th October, and finding a crown there, and other money—there was no other crown there—I put it in my pocket, where there was no other crown, and paid it to Mr. Boaz—he returned it as bad—on Sunday, 18th November, I received a bad crown from my sister-in-law—the prisoner was in the shop—I gave her in custody, with the two crowns.
Prisoner. She did not tell me it was bad—she spoke in the Jewish language.
BETSY POLLOCK . I am the wife of Joseph Pollock, of Wentworth Street—on the 6th or 7th of November the prisoner came to my shop and gave me a bad crown for some butter, which came to 6 1/2;d.—I told her it was bad—she told me to keep the butter and eggs—I gave her back the crown, and did not see her again.
not know the money was bad—I received these two crowns (produced) from Mr. Pollock.
Prisoner's Defence. I am unfortunate, and I hope you will have mercy on me.
She was further charged with having been convicted of a like offence in February, 1865, to which she PLEADED GUILTY.**— Five Years' Penal Servitude .
MESSRS. CRAUFURD and STRAIGHT conducted the Prosecution.
ANNE BAYLY . I am the wife of Henry Bayly, who keeps a fancy repository at 205, Kingsland Road—on 19th November, about seven o'clock, the prisoner came and bought a locket, which came to 1s.—she paid with a bad half-crown—I tried it and told her it was bad—she said, "Is it?"—I kept it in my hand and she gave me a good florin—I gave her in charge, with the half-crown.
HENRY GOTTHEIMER . I am a bootmaker, of St. John's Road, Hoxton—the prisoner came to my shop in September for a pair of socks, and gave me a crown—I tried it and found it was bad—I bit it and made a mark on it—I told her it was bad—she expressed her surprise, and I went for a constable, holding the coin in my hand—I gave her in charge—she had the crown.
HENRY AUSTIN (244 N). I was called and the prisoner was given into my charge—I asked her for the crown—she pulled it out of her purse, chucked it down, and said, "There it is; I received it in change of a sovereign this morning of an omnibus conductor in Shoreditch"—she was taken before a Magistrate, remanded, and discharged.
GUILTY . She was further charged with having been convicted of a like offence in 1865, to which she PLEADED GUILTY.**— Five Years' Penal Servitude .
84. GEORGE FORSTER (22) , to embezzling 33s. 5d., and 30s. 1d .: also to forging and uttering an endorsement to an order for 1l. 18s., with intent to defraud; also to stealing two coats, the property of the Imperial Clothing Company Limited; also one coat and one pair of trousers of Edward Pritchard and another; also two coats and two waistcoats of Charles Samuel.— Confined Fifteen Months . [Pleaded guilty: See original trial image.]
85. JAMES BARRETT (23) and WILLIAM SMITH (21) , Stealing one handkerchief of John Gardener from his person, Smith having been before convicted. BARRETT PLEADED GUILTY .— Five Years' Penal Servitude . SMITH** PLEADED GUILTY .— Five Years' Penal Servitude. There was a previous conviction charged against Smith, upon which he was afterwards given in charge to a Jury and acquitted.
OLD COURT.—Tuesday, December 18th, 1866.
Before Mr. Recorder.
MESSRS. CRAUFURD and STRAIGHT conducted the Prosecution.
ELIZA ANN DUNNING . I am the wife of Richard Dunning, who keeps the Angel inn, Highgate—on the 6th December, about half-past five, the prisoner came and had threepennyworth of brandy and a twopenny cigar—he gave me half a crown, and I gave him 2s. change, and placed it in the corner of the till as he turned to go out—I tried it, and found it was bad—I showed it to some persons in the bar, and they followed him out—he was brought back, and I gave him into custody—I gave the half-crown to the sergeant.
JANE EVANS . I am shopwoman to Miss Wale, Llama House, Highgate, about two minutes walk from the Angel—on the 6th December the prisoner came in between half-past five and six, and asked for two reels of crochet cotton, which came to 6d.—he gave me a halfcrown, and I gave him 2s. change—I put the half-crown in the drawer; there was no other there—as the prisoner was going out some one came in and took him away—I then looked at the half-crown, and found it was bad—I gave it to the policeman.
CHARLES CRUTCHLEY (Policeman Y 65). I received the prisoner in custody, and produce the coins—I searched him, and found on him 2s. 6d. in silver, 6d. in copper, a pipe case, a cigar holder, a new purse, two reels of cotton, a metal guard with a key attached, and a new knife.
GUILTY .— Confined Nine Months .
MESSRS. CRAUFURD and STRAIGHT conducted the Prosecution.
WILLIAM PEARCE . I keep the White Horse, Long Acre—on the 7th December, about ten o'clock, I was outside my bar—the prisoner and a man came in—the prisoner called for a pint of porter—my barmaid served it—I saw the prisoner lay 1s. on the counter—the barmaid handed it to me—I said it was bad, and asked if she had any more money—she said, "No, I don't think I have"—I said, "I believe you have, because I heard coppers jingle in your pocket; just see"—she then pulled out 2d.—I asked why she did not pay for the porter with that—she said she was not aware she had it—I called a constable and gave her in charge, and gave the 1s. to him.
EDWARD MUTTON (Policeman T 68). The prisoner was given into my custody by Mr. Pearce for uttering a counterfeit shilling—she said she was not aware it was bad—she was searched by a female at the station, and twopence was found on her—a penny was found on the man.
FREDERICK ADAMS . I am bar-boy at the Equitable, Dorset Street, Pimlico—on the 27th November the prisoner came in for half a pint of beer, and paid me with a bad shilling (she had been in about an hour before for three halfpenny worth of rum, and paid for it with a good shilling)—I tried the shilling, and found it was bad—I gave it to Mary Manley,
and saw her give it to her mother in the parlour—she came out and said, "Is this the woman?"—I said, "Yes"—the prisoner said she did not know it was bad—she left the shilling and walked out—I followed her and asked her to stop—she said she should not stop for me—the potman stopped her, and gave her into custody—Mrs. Manley gave me the shilling again, and I handed it to the policeman.
GUILTY .— Confined Six Months .
MR. STRAIGHT conducted the Prosecution.
THOMAS WARD . I am managing clerk to a solicitor, and reside at 4, Rose Terrace, Wellington Road, Stoke Newington—on Saturday, the 17th November, about four o'clock, I was in Leadenhall Market—my attention was called to the prisoners by the witness Castle—he tapped me on the shoulder, and, pointing to Brown, said, "That boy has your silver snuff-box"—I looked round—he said, "I have not got it: you may search me"—Castle said he had passed it to the other—he denied it, and Castle said he had passed it to a third one, who was going across the other side of the court—I detained them, and gave them to a policeman—I had had my box about two minutes before; it was worth about a sovereign.
JOSEPH CASTLE . I am clerk to a tea merchant, of 155, Fenchurch Street—I saw the two prisoners together, with another, on this day at the end of the poultry market following close behind the prosecutor—I distinctly saw Brown put his hand to his pocket, and take something out of it—I was walking behind them—as I passed by I saw it in his left hand, and saw it was a silver snuffbox, about an inch and a half long—I saw Carter take it from Brown's hand—they then stepped back, looking at some meat—I tapped the prosecutor on the shoulder, and asked if he had lost anything—he said yes, he had lost his snuffbox—I told him to ask the prisoners if they had got it—he went up and asked them—they both said they had not got it; he might search them—I did not notice what the third man did.
MARTIN MINNOW (City Policeman 776). The prisoners were given into my custody for stealing the snuffbox—they denied all knowledge of it—I found nothing on them—they gave false addresses—there was no such street as Brown said he lived in.
Brown's Defence. I did not do it.
Carter's Defence. I never did it. I was walking through the market.
BROWN**— GUILTY .— Confined Eighteen Months . CARTER— GUILTY .— Confined Twelve Months .
MR. STRAIGHT conducted the Prosecution, and MR. DALY the Defence.
I deal with Messrs. Rickett, of Thames Street—on the 25th May the prisoner called at my house, and I paid him 1l. 12s. 3d.—he gave me this receipt—I saw him sign it (read).
MARY COPPING . I am the wife of Stephen Copping, oil and colour merchant, No. 196, Queen's Road, Dalston—Mr. Tiderman is my son-in-law—he went to New Zealand in August—he left his business papers in my possession accidentally—I found this receipt among them for 5l. 17s. 9d., dated the 29th June, signed R. H. Hayes.
HENRY WALLIS . I carry on business as a merchant, and manage the London business of Francis and James Rickett, of Hull, at No. 149, Upper Thames Street—the prisoner was one of our travellers—he was mostly engaged in town, but occasionally in the suburbs and near home—his duty was to receive orders when in town, and to receive orders and money out of town—his salary was 1l. a week and a commission—I believe his income from us was nearly 170l. or 180l. a year, and we also gave him permission to sell on commission for Collier and Sons, the cocoa and chocolate makers—the commission we allowed him was on orders—if they turned out bad he would forfeit his commission upon them—we credited him with his commission upon orders sent in to us, and where the debt was proved to be bad we redebited it to him—he would be away some three or four days on the Oxford journey—it was his duty to pay over the money he received, as soon as he returned, to Mr. Priestman, our cashier—there was a commission account between us—on the 24th October I was sent for by the prisoner to the station—I had previously given orders for his apprehension—I went and saw him—I cannot charge my memory with anything particular that he said—he said nothing about this account of Messrs. Primes, or any other—he called my attention more especially to his wife and children—he gave a sort of general denial of having taken our moneys—Mr. Priestman had all the money transactions with him.
Cross-examined. Q. Did he not say he was not aware of this account of Messrs. Prime, or any other, having been received by him and not accounted for? A. He did, to that effect, and that he had obtained a promise from Mr. Priestman that if there were any others he should be informed the same night, that he might make it all right—independently of managing the prosecutor's business, I carry on business as a merchant in connection with my brother at Ipswich; much of it does not fall upon me personally; it is an extensive business—the prisoner would pay over the money he received to Mr. Priestman, not to me—he was paid his commission as often as he was entitled to receive it; not on each individual order, perhaps once a fortnight or three weeks, as he wished to draw his money—when commission was due to him it was always given him—he received his salary weekly, and his commission when he thought it of sufficient value to take—I have the ledger in which his account was kept by Mr. Priestman—it was made up every week—it was a very exceptional thing for Mr. Priestman to be out of town—I think he went to see his friends some time last year—if he was absent no doubt one of the clerks would take the money for him, that would be Alexander Patteson; I don't think he would enter it in the cash-book if Mr. Priestman was engaged in London; he might receive the money from the prisoner and lay it on the desk till Mr. Priestman returned; when he would hand it over to him,
and he would enter it—I stated at the Mansion House that we had laid down a rule that the prisoner should not deduct his commission, but that I was afraid he had done so; I am extremely glad to find that has not been the case.
CHARLES PRIESTMAN . I was cashier to Messrs. Ricketts at the time of this occurrence—the prisoner was town traveller—it was his duty when he received money from customers to pay it to me, without any deductions whatever, and I entered it in this cash-book—1l. 12s. 3d. was due to us from Messrs. Prime, of Ware, two guineas was the amount due, but our goods bear a considerable discount—there is no entry in the cash-book on the 26th May of 1l. 12s. 3d., received from Messrs. Prime—I have no entries of money received from the prisoner on the 26th May—it is rather difficult to distinguish now which payments were by the prisoner and which by the other collectors; the next by the prisoner appears to be on the 1st June, there are several that day, of sums received at Waltham-stow and Southgate; that would be on the same journey as Ware—there is no payment of 1l. 12s. 3d. from Prime—the acknowledgment from me that he had paid the money was my putting my initials to the names in his pocket-book—on the 29th June I have an entry of Noote, of Upper Clapton, 3l. 5s.—I have no entry then till the 2nd July, and then nothing from the prisoner—the sum in the ledger as due from Tiderman is 6l. 9s. 6d., that with deductions would be 5.l. 17s. 9d.—the prisoner might collect that, or another party might—I have no entry in the cash-book of its receipt and I never did receive it, or the 1l. 12s. 3d. from Prime—there is no other payment in the cash-book from the prisoner until the 23rd July—there are a good many entries that day; the name of Williams, 1l. 13s., does not appear almongst them—2l. 2s. or 1l. 13s. was due from him—I have never received it—when the prisoner paid me money I entered it in this book and initialed his pocket-book—I have seen the three receipts produced—I believe them to be the prisoner's writing—I first had an interview with him in reference to the accounts I believe on the 24th September—I had previously written to him; it was in answer to that letter that he came to see me—he said he had received the letter, and he was very sorry, he believed the accounts I stated he had received were correct, that he was very much put into straits for want of money just at the time, he hoped we should let it wait two or three days, he should have some money to receive from the country and he would pay it—those sums were ultimately paid—I saw him again after going through the books—I think that was on the 24th September, just before the amounts were paid—I am not quite sure about the exact date of the first interview—I then said to him, "Mr. Hayes, I have discovered another account of 5l., which was not mentioned before, and only came to my notice since," and he also acknowledged to that—that was from a man named Knight, of Ware—he acknowledged that he had received it—that was about the 14th September—he paid that—I then said to him, "Now, are there any other accounts outstanding?"—he said no, he believed there were not—I afterwards discovered the defalcations that are stated in the indictment—I did not write or send to him then—he was taken into custody—I had spoken to him about Tiderman's account at the same time that I spoke to him about the first sums, about the middle of September—I asked if he had received it—he said no, he had no knowledge of having received it, but he would take the account, and he would see Mr. Tiderman (who had departed to Australia a week or two before) and see what he could
make of it—I have totalled up the prisoner's commission up to the time he left—there was nothing due to him on that—there was money due the other way, when we debited the bad debts—it was his duty to pay all moneys to me before I paid him his commission.
Cross-examined. Q. When you found the balance in your favour, was it when you deducted 10l. for bad debts? A. In round numbers about that amount; it was 6l. odd for bad debts, and 2l. 16s. for goods that he had had—Mr. Patteson should have received the 1l. 13s. from Williams, of Oxford; he is not here—he has been sent for—he was not cashier, but he acted in that capacity when I was away, and at that time I was in Yorkshire visiting my friends—Patteson would enter it in the cash-book—he kept the cash-book entirely when I was away—when I last saw the prisoner I believe he asked me if I would look up the books and see if there were any other errors—he called three times after that, but only once referred to the subject—Mr. Wallis gave him into custody—no communication was made to him after I found out these errors until he was taken into custody—this is a copy of the letter dismissing him:—"149, Upper Thames Street, 12th September, 1866. Dear Sir,—We are sorry that you did not come to the office, as usual, this morning. The recently discovered irregularities in your practice while conducting our business make it needful for us to dispense with your services. We have left directions with Mr. Priestman to place one week's salary in advance to the credit of your account, so that you are dismissed from to-day from our employ. We have given directions to have your commission account worked up as soon as possible, and should we not discover any further accounts received by you and not accounted for the difference will not be great; still we fear we shall have to call upon you for some few pounds due to us." It was after that I saw him—the "few pounds due" refers to the commission account—the whole amount of his defalcations is not included in this indictment—there is only one indictment—I am not in the prosecutor's service now—I left because it suited me to go into business on my own account—Mr. Wallis has been aware for twelve months past that I was looking out for a business, and I had his permission to leave at any time I wished—it had nothing to do with these transactions—I left about a month after this was discovered—I am now in business for myself—the prisoner received about 150l. or 160l. the last year he was with us—he had to collect a good many small accounts—he has a wife and children.
MR. STRAIGHT. Q. Was it after that letter was written to the prisoner that you discovered the sums mentioned in the indictment? A. It was.
COURT. Q. You were asked whether there were other sums beyond the three in the indictment, and you say there were? A. I believe there was Tiderman's—I do not mean that there were others beyond these three—my answer referred to others besides the five that he paid over in September—we can show two or three more—I was a fortnight away when Mr. Patteson acted for me.
ALEXANDER PATTESON . I am in the employ of Messrs. Ricketts—it was part of my duty, while Mr. Priestman was out of town, to receive money and attend to the books—on 20th July I find no entry of 1l. 13s. from Mr. Williams, of Oxford—I entered all the sums I received from the prisoner.
Cross-examined. Q. When, as you received them or afterwards? A. The same moment I received them of him, while he was with me.
EDWARD HANCOCK (City Detective Officer). From information I received I took the prisoner into custody at his residence on 24th October—I told him I should take him into custody for embezzling the amount of Prime's, mentioning it—he said he thought he had paid it; he was not aware of any other accounts—I took him to the station, and the charge was read over to him—he made no answer to it.
The Prisoner's Statement before the Magistrate read:—"I deny altogether the evidence against me. Every pound I believe that I have received I have accounted for to them; and, more than that, it was arranged between us that if any sums should be proved not to have been paid in by me, from any error, I should be informed of the fact, that I might settle it, and I called once a week, and put the question whether any case had arisen that I had omitted to mention."
CHARLES PRIESTMAN (re-examined). I am not aware that the prisoner lost his pocket-book at any time—I believe he has lost an old one, rather an old one, during 1866; I believe he did tell me he had lost it—that was when I first charged him about Tiderman's account—he did not tell me it contained entries of June, July, and August—I don't remember that he told me what it contained.
NOT GUILTY .
MESSRS. METCALFE and STRAIGHT conducted the Prosecution, and MR. DALY the Defence.
WILLIAM DOWDING . I am a constable on the Great Eastern Railway, stationed at Brick Lane—on the morning of 24th November I followed the prisoner—he was carrying a basket and great coat—when I got up to him I said I wanted to see what he had in the basket—he said I should not, and he dropped it and the great coat, and turned round and ran away some distance—I lost sight of him; I picked up the basket and great coat, and produce them—in the basket I found three pieces of pork, and another piece in the great coat, in a hole in the back between the lining and the cloth—I took the things to the station, and informed my superiors.
RICHARD CRAWLEY . I am an inspector of police on the Great Eastern Railway—on 24th November, in consequence of information from last witness, I went to the prisoner's house, between nine and ten in the morning—he was not at home—I then went to 65, High Street, Shadwell, and there saw him—I said, "Well, Crume, you are here"—he said, "Yes"—"Yes," I said, "I want you for the pork affair this morning"—he appeared very much surprised, and said, "Whoever told you I was here?" I said, "Never mind, I am here, and you will have to go with me"—he said, "Had you been ten minutes longer I should not have been here"—he said he would not go with me, as I had no authority to take him—I told him if he did not go with me I would call in a man in uniform, and he could compel him to go—he then said, "Well, as it has come to this, I will go and see it out"—on the way to Bishopsgate he asked me where I was going to take him to—I took him to Mr. Russell's office, as I did not know what the charge would be, stealing or receiving—he said, "I did not steal it; I know who did, and I knew it was wrong when I had it; I have brought disgrace upon my wife and family, and had I known I should
have been taken I should have made away with myself; as to the rum you found in my house this morning, it will take you all your time to find how I came possessed of that"—I told him that Mr. Russell would probably take him to Spital Square—he said if the company would deal leniently with him in this case he should be able to give them some very valuable information respecting what had been going on—I said that had nothing at all to do with me, he must make his statement elsewhere—I then handed him over to Superintendent Russell—I had previously been to his house, and searched it; it was No. 7, St. James's Place, Old Ford Road—Mr. Russell was with me—in a cigar box in the bedroom I found about twenty cigars, and in another cigar box a quantity of nutmegs, in all about five pounds—in a water butt in the kitchen I found two sample bottles of rum, sunk in the water—I examined a cupboard upstairs; it was locked—I got the key from the prisoner's wife, and in that I found seven bottles of wine and two pieces of pork, rolled up in a canvas wrapper, such as is used for sending parcels in by railway—I have all the things here—the pork is salted.
Cross-examined. Q. I think you have stated that the prisoner appeared as if he had had a glass or two? A. I never said any such thing, he might have had a glass or two, but there was nothing about him to induce me to think he had been drinking—I did not write down the conversation I had with him—I can swear that I have given the identical words—to the best of my belief, I don't think I have varied a word.
JOSEPH RUSSELL . I am Superintendent of Police on the Great Eastern Railway—in consequence of information, I went with Crawley and searched the house, 7, St. James's Place, Old Ford—in the back kitchen I found a quantity of meat wrappers, eight sacks belonging to various persons, a quantity of malt in a barrel, and in the lead lining of a tea chest in a water tank in the yard I found a stone bottle which would hold about four gallons, and two tin cans which had been recently emptied of oil—I examined the coal cellar, and found in the far corner a large quantity of oil, I should think at least six gallons—it was such oil as is used by the company—some dried coal-dust was thrown over it—I found two bags of plums in the back kitchen—Crawley found the things in the bedroom—the prisoner was brought to my office about four o'clock the same afternoon by Crawley—I said to him, "Crume, are you aware what you are brought here for?"—he said, "Yes, it is respecting the pork job this morning I suppose"—I said, "Yes; how do you account for the possession of it?"—he said, "I shall not say here, this is not a Magistrate's place"—I then said, "I have found a quantity of other property at your house, such as bottles of wine, rum, sacks, plums, nutmegs, cigars, and oil; how do you account for the possession of the property?"—he said, "I shall not say here, I may say somewhere else"—I said, "You must consider yourself in my custody for the present unlawful possession of the articles"—he has never to my knowledge given any account of them whatever—on the night of the 23rd he was on duty as a pointsman, in order to shunt the luggage trains—there are two men attached to that box, and each man has a locker in it, with a key of his own—I saw the locker in which some pork was found, it was the prisoner's locker—thirty-nine pounds of pork was found there, and brought to me on Monday morning by one of my sergeants—I compared all the pork, and fitted it—the piece found on the prisoner matches the pieces found in the locker, they formed a portion of the same pig; there was only one leg—I assisted in putting the animal together—what was found on the prisoner and in the locker completed the whole pig,
except one hand and a leg—it had been badly cut up—the sergeant who brought me the pork brought me a saw and a chopper; they had pork fat upon them quite fresh.
Cross-examined. Q. This locker has a number of smaller ones inside, has it not? A. No, there are only two, the prisoner has one and his partner who relieves him the other, to keep their food, clothes, and oil in—the pork was not in the outer locker, in the small one—it is about a yard long and fourteen inches deep—each man has a separate key to his own locker—the same key does not open both.
RICHARD MAGUIRE . I am a police sergeant on the Great Eastern Railway—on 25th November I searched the signal-box—I know the prisoner's locker—it was locked—I broke it open and found in it five pieces of pork weighing thirty-nine pounds in all, a head, two pieces of loin, and a piece of breast—I had seen the pork that was found in the basket and in the coat—I compared it with that found in the locker, and they corresponded—I was present with Russell when the pig was put together—it was short of a hand and a leg—it was cut up very badly with a jagged saw, as though it was not done by a butcher—I produce a saw and a hatchet which I took out of the locker, and a piece of wrapper which corresponds with that round the meat in the prisoner's coat.
Cross-examined. Q. Are not these wrappers sold in Whitechapel after they are washed? A. No, they are sent back to the lender, or else they send in a claim for them.
THOMAS NORMAN . I am a butcher at Willingham, Cambridgeshire—on 23rd November I packed up a pig—it had broken one of its legs, and I had to cut it off'—I sent it to London minus that leg—it was wrapped up in a hamper, secured as we send up meat, directed to Mr. Lee, Newgate Market—I have seen the pork produced—I did not see it put together—it is of the same quality as I sent—I gave it to Lucas the carrier.
Cross-examined. Q. I suppose you would hardly like to swear to it? A. It was so much cut about I don't know that I should have known it—it is the same quality and about the same weight—six stone.
DANIEL LUCAS . I am a carrier at Willingham—on 23rd November I received a pig from Norman, wrapped in canvas, and directed to George Lee, Newgate Market—I delivered it to Haydon, the porter at Long Stanton.
GEORGE LOVE. I am a porter at Long Stanton Station—on 23rd November I received a pig from Haydon, directed to George Lee, of Newgate Market—it was put into the train due to leave Long Stanton at 8.40—it left at 9.6 that night—it would reach Brick Lane some time in the, morning.
WILLIAM HENRY RUMMELL . I am a checker at Brick Lane Station—I can't say at what time the 8.40 train from Long Stanton would reach Brick Lane—it was 9.40 when I checked the trucks when all the goods were out—there was no package from Mr. Norman, of Long Stanton—it ought to have come there—we have a way-bill with each truck—I checked the goods from the trucks down in the shed—that was some little time after the train had arrived—my station is at the lower part, the prisoner's is at the upper part—no goods ought to be unloaded except down below—this is the invoice from Long Stanton—there is an entry of a package of
meat, addressed to Lee, of Newgate Market—when I checked the truck the packet of meat was not there.
The prisoner received a good character.
GUILTY . Strongly recommended to mercy by the Jury.— Confined Twelve Months .
MR. STRAIGHT conducted the Prosecution.
WILLIAM POTTS (City Policeman 135). On Thursday, 6th December, about six in the afternoon, I saw the prisoner at the corner of Golden Lane—he had a large parcel containing ninety-two yards of flannel—I asked where he was going with that parcel—he said to a carrier's in the Goswell Road—I asked what carrier's—he said he thought to a carrier's of the name of Sutton—I asked where he had got the parcel from—he said from his employers, in Wood Street—he did not mention the name—I said there was no carriers that way, and, knowing that Mr. Sutton's place was in Aldersgate Street, I said, "I shall take you to the station, and charge you with the unlawful possession"—on the way to the station he said, "Oh! do let me go, I found the parcel in Huggin Lane"—at the station the Inspector asked him to account for the parcel, and he said, "I was coming down Huggin Lane, I saw the parcel between two houses, I picked it up and was going to take it home to see whether there was any reward offered for it"—in the parcel I found this invoice directed to Mr. Stevens, of Woolwich, from Eales and Metcalfe, 29, Aldermanbury.
FREDERICK SARNEY . I am porter to Messrs. Eales and Metcalfe, No. 29, Aldermanbury, warehousemen—I packed up this parcel, containing ninety-two yards of flannel, worth 4l. 2s. 5d., and took it to Pickford's about five o'clock on Thursday evening, and gave it to Archer, the receiving clerk.
FREDERICK ARCHER . I am receiving clerk in the employ of Joseph Hornby Baxendale and others, in Gresham Street—I received this parcel from Sarney directed to Stevens, of Woolwich—I passed it to one of the porters, and he placed it on the platform upon which our desk stands, about five or six yards off, about twenty yards from the gateway in Gresham Street—any one could come in—I missed the parcel about half-past seven. Prisoner's Defence. I have persons to speak to my character. I had been out of work three weeks. I was passing through the street, and a man I knew said, "Here, carry this for me, and I will give you half when I sell it. "I went in to get it, and he placed it on my back, and as I was going along I was taken into custody. I knew then that I should be charged with robbery. I did not know what to say, so I stated that to the gentlemen. It is the first time I have been in trouble.
Elizabeth Lappy, the prisoner's mistress, wife of an engraver and diesinker, deposed to his good character.
GUILTY.— Judgment respited .
MR. DALY conducted the Prosecution.
at my master's gate with John Shaw—the prisoner came up the gate-way to ease himself—Shaw wished him to go away, and said there was not a place there, there was one opposite—the prisoner called him all the names he could think of—I told him not to do so, and not to hit the old man—he struck me, and I fell on the shaft of a cart, and then he struck Shaw with his fist—I went for an officer—the prisoner was sober.
JOHN SHAW . I am in the employ of Mr. Wacey—on the 13th November I was with Petts under the gateway—the prisoner came up to commit a nuisance—I told him that was not a proper place, there was one over the way—he called me an old b—and said he would knock my b—eye out—I said, "You had better go out of the yard"—I went up the yard to get out of his way—he struck Petts on the side of the head, and knocked him on one side—he then followed me up the yard and struck me a blow on the side of the head—I went further up the yard for protection; he followed me—I took up a splinter bar that stood in a corner, and said, "If you strike me again I will hit you with this"—he made a grasp at me, and hit me on the side of the head, knocked me on my knees, wrenched the splinter bar out of my hands, and struck me on the head with it—I called out for help—Mr. Wacey, my employer, came to my assistance and a constable with him—I have been ill from the blows ever since, and am not at work yet—I feel a great deal of pain now, and can't rest at night—this (produced) is the splinter bar.
SAMUEL CLEWEN GRIFFITHS . I am a surgeon, of 5, Circus Place, Finsbury—Shaw was brought to me bleeding profusely from a large scalp wound, about two and a half or three inches long, and cut apparently to the bone—the skull was not fractured, but he was very ill at the time—there was a kind of concussion of the brain—he had a shivering fit—in my opinion that was occasioned by the blow—I feared at one time he would have an epileptic fit—this splinter bar would inflict such a wound.
The Prisoner's Statement before the Magistrate;—"I went up the gate to ease myself. Shaw shouted out to me it was not a proper place; I took no notice of it, and stood against the wall and eased myself; Shaw came up and pushed me away, not having my trousers fastened up. I struck him with my fist, he held the bar up, I rushed in and wrested it from him, and in doing it the iron part of the bar struck him on the head, and he fell down on his knees"
Prisoner's Defence. That is all I have got to say. That was the way it occurred. I did not intend to do him any harm.
GUILTY .— Confined Nine Months .
The following prisoners PLEADED GUILTY:—
NEW COURT.—Tuesday, December 18th, 1866.
Before Mr. Common Serjeant.
MESSRS. METCALFE and GRAIN conducted the Prosecution, and MESSRS. RIBTON and LEWIS the Defence.
ALBERT BRYANT . I hold a certificate as second mate—I got it in 1863 when I passed my examination at the Board of Trade—on 22nd August, 1864, I joined the Cymbeline as second mate—the prisoner was the captain, Mr. Parker was the first mate, and there were sixteen hands, including the captain and everybody—we were bound for Japan, then to Hong Kong, Singapore, and ultimately for New York—no particular unpleasantness took place till we got to Singapore, but we had words occasionally—the captain did not treat me anything out of the way till then, but he and the first mate were having words every day, and the first mate left at Swatow—the captain then made me first mate, and I served as such till we got to Singapore—when we got there some sailors went ashore and complained to the Consul of the captain's treatment, and the captain came on board in the evening and said that people thought him a good deal in the wrong, and he must think himself lucky if he got off clear—he asked me if I remembered if ever he struck the men—I told him Yes, and kicked them too—he said he did not remember it, and said, "You had better come on shore as a witness"—I said, "I cannot go ashore to take a false oath for any one," and I did not—I do not know whether he made a cross charge against the men, as I did not go ashore, but I believe they were put in prison—I remained on the vessel till we left Singapore; but before we left I had words with the captain occasionally, and he told me I could leave if I liked—that was after I had refused to go as a witness—I told him the ship was going to London, and I wanted to get home to London—when he left Singapore he said that they would not clear the ship out with me as chief officer, because I had not a chief officer's ticket, and I took my second mate's ticket, and Mr. Dyson was put on as chief mate, and After that the captain was breeding disturbances with me every day about something, finding fault with what I got done—on 9th May he told me to alter a seizen that was up on the mizen rigging—I said if he would show me what he wanted done I would take it off, and put it on the way he wanted it—he called me a d—young fool, and said that I was not worth my position, and that I should go in the forecastle along with the men; that is being disrated—we had two passengers on board, and, as I had good papers and good characters, I said that any one could look at the seizen, if it was wrong—the captain called one of the passengers, Captain Clifford, who looked at it, but said nothing—the captain then came and said if I did not apologise I should go in the forecastle—I was to apologise for putting it on in that way—I told him I could not apologise when it was right, and he told me to go in the forecastle—I went there, and was reduced to the rank of an ordinary seaman—that was about a month after we left Singapore—he had been finding fault with me almost every day, and finding fault with my steering—when we were clewing up sails he would give orders for something else, and would call the man down from the rigging and send me up, telling me he would take my smartness out of me—he found fault with me every day till 14th June, when he called me a thief and a
liar, and said that I had stolen a pound from the ship, a thing that is for putting on the sails, but he afterwards found that it was below—it was my watch below, and he abused me, called me a thief, and said that I had flung it overboard—during that time one of the men was taken sick, who said that he had removed the pound and put it under the companion ladder—I told the mate, and the mate took it out—on 15th June I was on the quarter-deck repairing sails, the captain was abusing me, and told me to put chafing on the foresail, and said that I should get it done before dark—I wanted a pound to do it with, and while some one had gone to get me one he told me to go to Tom for some rope yarn—I asked him which Tom, and he pushed me down and called a man to secure me, as I refused duty—I said that I had not, but I went aft with the mate—the man would not touch me—he said, "He has not refused duty, Sir"—the captain put irons on my hands, and took me by the throat, and knocked my head two or three times against the bulkhead of the cabin, and nearly choked me—he then put me down the lazarette under the cabin floor—there is a hole about two feet square under the cabin table which leads to it—it is part of the hold of the vessel—there were some cases there, and ropes and casks, and part of the cargo—it is about five feet high, I could not stand [upright, and the lower part is about four feet long—there was a cargo on board, pepper, hides, and gambia—the vapour from the hides and cargo came through—it was quite wet every morning, and I could hardly breathe—the hatch was put over me corner ways the first time, so as to leave a very small hole—that was the only mode of my getting air, as I only got air from the cabin—the mate went on deck—the captain kept in the cabin, and commenced abusing me, calling me everything that was bad, telling me that I would not get out of his way at Singapore when he wanted me to, and he did not care a d—if he had to pay 1000l. on my back, he would have a game with me—he had not alluded to that before—he was half an hour abusing me, and I got alarmed—I was fastened in at night, and found the irons were too large large for me, and about six o'clock I took them off, when the steward brought me my tea—I told him I intended to get up when I had a chance, and when I got the irons off I got up by raising myself, and got out and hid myself in the forecastle, and shortly after the captain presented a revolver at my head and said, "You beggar, I will shoot you"—I was behind a water tank then, and the mate was holding a lamp—I heard him searching for me, and calling out—I saw the light when he presented the revolver—I told the mate that the captain had threatened me—the captain said again that he would pay 1000l. on my back—I was frightened, and the mate said, "Come aft, Bryant, I will watch you and protect you"—I then went into the cabin—the captain put the irons on my hands again, took hold of me by the throat again, and knocked my head against the bulkhead—I could hardly breathe, and I sang out, "Murder"—the captain abnsed me, and put me in the lazarette again with the irons, on my hands—he then called the mate, who came and put another pair of irons on my feet—I slept there that night—they put the hatch over corner ways, and fastened it by nails I believe—if it had been put on square it would have been stifling—the best thing would have been to have had it off altogether, and the worst to have had it on square, because it fits like a wedge—I slept on the cases and ropes—I remained there three or four days in irons—the captain had a grating-hatch made on the second day, which was fastened over with a wooden bar, and lashed down—the irons were kept on my
hands and feet three or four days—I took them off on the second day when the steward brought me my breakfast—I could take them off easily, they were so large, but I could not take them off my legs, they were too tight—the captain came and asked if I had taken the irons off—I told him I had taken them off my hands to eat my breakfast—he said he would find a way to keep them on—he went away, and came back in a few minutes and came down with a claw-hammer—he had a revolver sticking in the waistband of his trousers—he asked me for the irons—I gave them to him—he said, "Put your hands behind you"—I said, "I cannot have that done, Sir, I will not take them off my hands only to eat my food"—I resisted—he called two men down, who pretended to try, but did not succeed, so I had them put on in front—while this was going on the captain struck me on the arm with the revolver, and on the face with his fist, in the presence of Charles Thomberg and Thomas Renough, the second mate, who took my place—the captain said he would lash me up, and he got a rope down, put it round my body two or three times, and one of the men put it round the sternpost and pulled the block out—the captain then got the carpenter to put a staple in—I told the captain I should see what law would do for me—he said there was no law for me, he had the law in his own hands—he put the rope round my body and then went up—I remained three or four days with the irons on, and was down there nine days before I was taken on deck—I complained of my eyes being sore, and then the captain allowed the steward to take the hatch off in the daytime—the pepper and vapour affected my eyes, and they are affected now—I remained in the lazarette twenty-eight days, and during the latter portion of that time I was taken on deck, sometimes for an hour and a half, and sometimes two hours a day—I had to walk up and down the deck in the middle of the day with the sun right over head, when we were in the tropics, and passing St. Helena—the heat was very great there—I was then taken ill, and could hardly walk, and when I went on deck one evening for air the captain would not allow me to sit where I wanted—he caught hold of me and said I should not sit there, and pushed me down—I told him I could not walk, and he said he would lash me up and make me walk—I could only walk by catching hold of the rigging—I was taken to the store-room and confined there till we got to New York, sixty-seven or sixty-eight days—the captain then summoned me to appear before the British Consul—I was not on deck for nineteen days before we got to New York—I told the Consul I had been falsely imprisoned, and that the captain had ill treated me—I came across in the first steamer to get redress, and was put to the expense of paying my passage from New York—I had not been guilty of any conduct more than I have told you of—a log was kept on board the vessel—the captain read something to me from it, and I told him that it was not correct—I contradicted it.
Cross-examined by MR. RIBTON. Q. I understand that nothing happened till you got to Singapore? A. No; the captain and I were pretty good friends—I had a bit of a disturbance with the crew occasionally—they did not illtreat me, but one day the captain gave us orders in the morning to get certain sails bent—I had not done it at six o'clock, and the captain lodged a complaint against me before the British Consul—the first disagreement of any consequence between me and the captain was when I refused to take a false oath at Singapore—we had a few words occasionally, but nothing particular—he said at Singapore that he could not remember striking the crew—I said that I remembered it, and his kicking them as well.
Q. You said he asked you to take a false oath? A. He asked me to come on shore as a witness.
Q. You have stated in the hearing of this jury that you refused to take a false oath, have you or have you not? A. I refused to go on shore—I told the captain I could not go ashore to take a false oath—it is true that I refused to take a false oath.
Q. After you said you saw him strike the crew and kick them, did not he ask you to go ashore and say that you had not? A. He asked me to go ashore as a witness.
COURT. Q. The question the learned Counsel asks you is, Is it true that he said, "Come on shore and swear that I did not strike them?" A. No, not exactly like that.
MR. RIBTON. Q. Then he did not ask you to take a false oath? A. He asked me to come on shore as a witness—what I said before is the truth—the crew were put in prison—the first time that the captain commenced to treat me badly was after I refused to go ashore—he treated me up to that time as he treated other officers, but nothing out of the way—my being put in the lazarette and all his subsequent conduct to me was in consequence of my not going ashore to be a witness—at Singapore the men went ashore and lodged a complaint against the captain—he was not convicted, but they were lodged in prison for nine weeks—that was what he wanted me to be a witness about—I know Thomas Renough—I have stated that he was present on one occasion on the voyage home when something was done to me—Parker, the mate, and I had a few words sometimes—I did not strike him on one or two occasions—I struck two of the crew before we arrived at Singapore.
Q. At Singapore, or any other place, did any one of the crew refuse to continue on the vessel with you? A. They offered the captain three months to get away because they could not stop, he kept calling them thieves—they did not refuse to stop with me that I know of—Parker left the vessel at Swatow—I did not hear that he refused to remain on board while I was kept on board—I had words with him, but I did not strike him—the two I struck were discharged at Swatow I believe—I was never drunk on the way out—I swear that I do not recollect Renough going to my birth to call me when I was so drunk that he could not wake me up—I do not recollect the captain giving orders for hauling down some of the sails on the rigging at Singapore—I did not refuse to obey his order—Renough acted as second mate at Singapore—he did not tell me what orders the captain had given, nor did I say to Renough, "Go to b—, and let him come and tell me himself"—the crew were taken out of prison after they had been four weeks at Singapore, and asked if they would go on board again, and they said no, they would not go with that captain—that was not in consequense of me being there that I know of—the disrating was on 9th May—the captain told me to alter two seizens that were put on—I did not refuse to do it in the way he desired—he said they were on wrong and ordered me to go forward—I had put them on to the best of my judgment—I have been at sea thirteen years—I did not use insolent language, I told him that was the way the others were on, and he called me a d—young fool and a b—fool—he said they were not right—I said, "Tell me the way to do it and I will do it," and then he went below for a few minutes, after which he surveyed the seizen and said if I did not apologise I should go in the forecastle—I suppose that was what I was to apologise for—I told him that I had nothing to apologise for that I knew of, and then he sent
me forward—I remained forward less than a month—no complaint was made after I got into the forecastle about the sailors being less active in their duty—I know there were disturbances with the captain and the men and likewise me, but there was no complaint that they did not do their work as well as before that I know of—I never struck Renough—I do not know that there was any complaint made that they would not shorten sail as quick as they ought after I went among them—I do not know whether the cargo was shifted, but we were all ordered to get up the chain cable—that was before I was put in the lazarette—the ship was up-right—I do not know what the order was given for—it is rather a trouble-some thing to get up, and it was done for nothing, nothing that I know of—we were all engaged in getting it up—we commenced at twenty minutes to six in the evening—I did not refuse to do it till I got my tea—I swear that—after I had been down in the lazarette a week I was offered a bed, but not on the first day—I did not refuse it—I was in the lazarette twenty-eight days—when the captain read the official log-book to me he said that I had been singing—prayers were never said on board the ship—I had been singing songs, but I do not know what they were—they were nothing out of the way or obscene—I do not know what it was now—I was not charged with singing an obscene song on Sunday at the time, but when he read the log he said I had been singing songs on Sunday night on board—I said that I had been singing—I did not deny it—I sang no obscene songs that I know of—it was not a hymn—I was examined last session and gave my evidence—I did not then admit that it was an obscene song—it was what we call a sea song—I do not know what song it was—I do not know what I swore last session—I escaped from the lazarette and did myself—Charles Thomberg and Thomas Renough was present when the captain struck me with a revolver—I did not bite the captain's finger on that occasion; but he said, "You have bit me and called me a beggar," and I said, "I have not; show the mark to anybody in the cabin"—that was untrue on his part—he struck me with a revolver before he said that I had bit him—I was removed from that place after twenty-eight days to a part of the store-room which was boarded off—the irons were on. my hands between three and four days, and over four days on my feet—it was after I had escaped that I was removed into the store-room, and remained there up to the arrival at New York—I was taken on deck occasionally, not every day, and I was not on deck for nineteen days before I arrived at New York—I did not refuse to go on deck—on 19th June, when I was put in first, the captain took the casks out for me to lay on the floor—I had a bed there—they supplied me with religious books, which I read—they had religious books, though they did not say any prayers—they supplied me with writing materials about a fortnight before we arrived in New York—some enteries were read to me from the log.
Q. Was this read to you?"We, the undersigned, beg to state that Albert Bryant was this day disrated by the master, from second officer to A. B. seaman, in consequence of his impudence and insubordination. We also beg to state, on a great many occasions previous to date he did use most abusive and insulting language to the master, and also constantly made use of the most threatening language to the crew, and on several occasions struck and bit them most unmercifully; that on one occasion he struck the chief officer on the deck whilst on duty; that afterwards, while being reprimanded by the master for said offences and forbidden to repeat them under penalty of being punished by the British Consul at Swatow, he
became neglectful of his duty; and whilst at Singapore he stole some brandy and gin from the cuddy stores and gave it to the crew, and thereby made them disorderly, and advised them to refuse duty and demand their discharge, which they did, and in consequence were sent to imprisonment; and also that he went on shore much against the master's wishes, and whilst his services were much required, the vessel being about to haul into dock; that on that evening he was much the worse for liquor, and again returned on shore, and on next morning there was nobody to assist in hauling the ship out of dock; and, therefore, in consequence of all this, and seeing his insubordinate conduct, I, the master, have disrated him as an unfit person to have charge of second mate's duty Signed FRANCIS LABEY, Master; THOMAS RENOUGH, Acting Second Officer" A. No, that was not read to me at any time—I know that Renough is here.
Q. Was this read over to you, something which happened on 15th June?"We, the undersigned, beg to state that on this day the master was compelled to put A. Bryant in irons for refusal of duty and threatening to strike the master, and for continued insubordination and disorderly conduct, and inducing others of the crew to refuse and neglect duty, thereby impeding the progress of the voyage and safety of the ship; that a few hours after his confinement he broke open the store-room, in which he was confined, and by some means got the irons off his hands. On discovery of this I, the master, fearing that he had gone forward to induce the crew to mutiny, ordered the four firearms to be ready, and went in search of him, and after an hour's search (the crew refusing to state where he was) we found him stowed away in the lower forecastle behind a water tank. I then ordered him to be put in double irons, and put him again in the store-room and extra fastened it. He positively refused to give up the irons he had on, and swore he did not know where they were. This morning A. Bryant was again found with the irons off his hands and continued insubordinate FRANCIS LABEY, Master; THOMAS RENOUGH." A. No, I swear that was not read over to me—a few of the words at the commencement were, but not the middle or the latter part—there was another date which the captain read of, which I said that I could contradict most of it.
Q. "June 17th. A. Bryant still troublesome, singing obscene songs at the top of his voice, probably annoying the passengers, it being Sunday I, therefore, in consequence of his misconduct, and thinking it unsafe to allow him to mix with the crew, have decided to keep him in confinement until an opportunity offers to take him before a Magistrate. Took the irons off him Signed FRANCIS LABEY, Master; MHPDYSON, Chief Mate?" A. Some such words were read to me, but when it was read it was not signed by any one—I then said that I could contradict it—June 25th was the day it was all read to me—in point of fact, this was read to me only on one occasion, and I say that only one was read to me, that of the 17th, no other.
Q. On the 25th the entry is, "I have this day read the entries in this book to A. Bryant, and he made no reply" Now, if the captain has made that entry, that is not true? A. The captain asked me if I had any reply to make, and I said I could contradict most of it—I am not related to one of the owners, or to anybody who has some control of the vessel, but I am the nephew of one of the company to whom the ship belongs; but my uncle does not own that ship—the captain did not say that if it was not for my uncle's influence I should not dare to do as I have done—I gave evidence here last session—I have not got into much trouble since—I have not
knocked a man's eye out—I have been charged with cutting his eye—it is not entirely destroyed that I know of—I heard a surgeon say that his eye-ball was ruptured—I did not hear him say that the sight was destroyed—it was my ring that did it—there was blood on my finger—I heard the surgeon say, at the Thames Police-court last Thursday, that the eyeball was ruptured with a blunt instrument—the case was remanded, and I am to appear next Thursday—I am out on bail in 200l., and two sureties in 100l. each—I heard yesterday that his eye was not so much hurt—he struck me and I struck him in self-defence—I have three witnesses—the quarrel occurred at the White Swan—I had done nothing to him—he was the worse for drink, not drunk, but he abused me and insulted me—I did not say anything to offend him—he wanted me to give him drink, and struck me on the shoulder—I do not know that I was sober—I was not drunk.
MR. GRAIN. Q. Can you give us any further explanation of it? A. He assaulted me and called a Fenian, and said he believed I was Stephens—he struck me first—he had insulted me before that, and tried to breed a disturbance—he was asking me to give him something to drink—I told him I would not, I was going to leave, as my friends were going, and he struck me—in the heat of passion, I struck him again, and my ring cut his eye—I believe I was asked last session about my being drunk, and Renough complaining of me—the charge was never made against me—it is not true that I stole brandy or spirits—I never had occasion to; they were in my charge, and I had orders to give the men brandy when they wanted it—no charge was made against me at Singapore—this charge which is entered in the log-book did not take place before we arrived there—this is May 9th—it was after we left Singapore.
COURT. Q. Do you know what the charge against you was before the Consul at New York? A. No, I do not remember hearing the word "insubordination" mentioned—there was a little mentioned, but no specific charge—the name of no seaman was mentioned to me as a person who I tried to make insubordinate—the Consul refused to go into it—he said he was tired out with these things—he said it was very strange that captains and officers could not agree, and recomended me to settle it.
MR. METCALFE. Q. Was any charge made about you making the crew disorderly? A. No—nothing was said to me by the captain about stealing brandy or gin—no entry in the log-book was read over more than once—Parker was discharged by the captain—the captain had been making a disturbance nearly every day—I do not know how it was that the captain made a charge against the men who went ashore at Singapore—the captain summoned me to appear at New York—when there was a disturbance with the men or the officers, the captain did not summons them when he got to a place—he struck and kicked most of the other members of the crew—the men came back in a boat at Singapore after a few weeks' absence—they refused to serve, they said they could not put up with him any longer, they were frightened to come near him—I sacrificed my passage from New York to London—I believe Parker worked his passage—no other members of the crew left the vessel at that time—when we got to New York there were three hands besides myself of the original crew, four out of fifteen—the carpenter left at New York—two men came home with the captain, Renough, an ordinary seaman, who took my place was one—he had no certificate—the chief mate is always supposed to sign entries—when the official log was read to me there was no one present.
CARL THOMBERG . I was an able seaman on board the Cymbeline—on 16th June, between nine and ten in the morning, I was sent for to the lazarette and found the captain, Renough (who acted as second mate), and Bryant, who was in irons—I saw the captain trying to get Bryant's hands behind him, and he asked me to lend him a hand—I did so—I got hold of Bryant's left hand, and the captain tried to get his other hand behind him, but could not—he then took his revolver out of his belt and struck Bryant on the shoulder, and then struck him again with his fist in his face—the captain said that he tried to bite him—Bryant said, "I did not bite you, Sir; you cannot show any mark"—I did not look at the captain's hand—it was a dark place, and I could not have seen if there had been a mark—it was pretty hot down there, I should not like to live there myself—an ordinarysized man could not stand upright there at that time, because there were two bales of sugar, two barrels, and a few coils of rope—I noticed a little offensive smell from the cargo, which was pepper, hides, and gambia—the carpenter was sent for and told to drive some staples in the ship's side to make Bryant fast to—I was not out with them during the whole voyage, I joined them at Singapore—I think the captain and Bryant could not agree very well together at the time he was mate—the captain told him if he did not shut up he would send him forward—Bryant said he knew how to do do his work as well as any other man—I heard that the captain struck other men, but I only saw him strike one—they called him Mack—it was about eight o'clock one morning—he was called on deck, and the captain said that they were four points out, and we were close between two islands—it was my wheel at eight o'clock, and we were singing out, "Haul in the fore brace"—we did so, and when we were coming off the captain looked at the compass and said we were four points off the course—he said, "Undo the main brace," and then he struck the man at the wheel with his fist, but when I looked we were two points and a half off—I remember Bryant escaping from his chains and hiding himself behind the tank, I was then in my bunk—the captain came to me—he had a pistol in his hand, and he looked in the bunk—I think the captain struck Mack twice—that was with his hand—I cannot tell whether he had anything in his hand or not, but the man fell down—he knocked him down at the wheel.
Cross-examined by MR. LEWIS. Q. As I understand you, you were present at the time Bryant was disrated? A. Yes, Bryant said, "I know how to put seizin on the rigging as well as any man"—he did not say "better"—I did not hear Bryant use other language to the captain—one night I was in my bunk and there was a noise, and when the watch was shifted we asked what it was—they said that Bryant and the chief mate had had a row—I cannot say whether Bryant had refused the chief mate to go and look out—I do not remember Bryant after he was disrated and among the crew threatening to strike them if they left the forecastle before he did; it was not on my watch, we were never together in the forecastle excepting when we had our meals—I did not hear him when we had our meals talking to the crew about their not doing work—I recollect the sails not being taken out as quickly as was necessary—I do not know that Bryant had anything to do with that, but they were always longer in his watch coming on deck when called than my watch was—I have never heard Bryant use threats against the captain or say that it would not take long to finish the b—, if they say that they tell a lie.
MR. METCALFE. Q. Did Bryant, as far as you saw, behave properly
to the captain? A. Yes, I never said that he struck the crew—he had nothing to do with the crew when he came into the forecastle—the noise I heard between the first mate and Bryant was outside the forecastle door—that was not when the captain came with his revolver—it was after Bryant had been disrated, but before he was sent into the lazarette.
HENRY COLLIER .—I was steward on board the Cymbeline—I shipped at Singapore—I remained till we got to England—I was called on the last trial by the defendant, and am subpoenaed here to-day by him—I am not subpoeneaed by the prosecution—they have not been in communication with me at all—I saw Bryant in the lazarette—I took him his tea on the first day shortly after he was put there—irons were put on his hands prior to his being put there, and after he had taken them off and escaped, irons were put on his feet—I was told when he escaped, to get a lamp to search for him—I did not see the captain with the revolver—I knew him to have one—I did not accompany him, I merely got a lamp—after the search Bryant was again put in the lazarette, and I believe his feet were ironed, but I was not down there—I took the irons off his feet next morning to take him to the watercloset, but I did not see them put on—the lazarette is right in the stern of the ship—there were barrels of peas and other stores there—it measures five feet six or five feet seven—I can stand perfectly upright there, but could touch one of the beams with the top of my head—there are two or three beams—the hatch would come very close to my head—I should think the width and length is about eight by ten, or eight by eleven, and it is very much smaller as it gets down, but there is plenty of room to stand—it is not a comfortable place—I should not have liked it night and day—there was a cargo of raw hides, gambia, and other things, which was principally forward, and pepper also—I cannot say whether some of the cargo was close to where Bryant was—I only joined the ship at Singapore—there was occasionally an offensive smell when I was in the lazarette—not very offensive; peppery and warm, a spicy smell—I believe we passed the line while Bryant was in the lazarette—it was rather warm at one time, and at another time it was cool—I believe in general that the weather down there was rather warm at one time, and somewhat cool at other times—Bryant complained of feeling ill, and complained of his eyes—the first night he was brought down I heard the captain remark to him that he would pay something like 1000l. to punish him for his misconduct—that was at the time there was some misunderstanding about putting up the mizen rigging—he said that as he would not get out of his way in Singapore, he would now have his satisfaction: if it cost him 1000l. on his back he would punish him—I do not exactly recollect his words—the captain told me to call the carpenter to bring two or three nails and a hammer to put a batten across the scuttle, when he was brought down—that was when he said about the 1000l., but I do not suppose that the captain intended to injure the man—I was present when he was disrated—he was, as far as I recollect, setting up the mizen rigging putting some seizen on, and the captain complained of it not being suitable to his ideas—Bryant said that it was put on right, according to what he understood—the captain contradicted and said, "Unless you apologise, Sir, you go in the forecastle," and Bryant said, "Yes, I will go in the forecastle"—there was nothing else that I know of, as my work was principally between decks—I have not seen the captain strike any of the crew—there was one other man put in the lazarette—it did not make him ill that I am
aware of—he complained of being ill, but I did not see that he looked unwell—the captain gave him some powders, which seemed to improve him.
Cross-examined. Q. Was he confined in his bowels when the captain gave him the powders? A. I do not know—the captain was always kind to me—I have no complaint to make—only one man was with me, all the rest left at New York—I never heard any of them complain from the time I joined the ship till I left her—I do not know of the men being sent to prison at Singapore, I joined after that—Bryant's manner was rather off-handed towards the captain after he was disrated—I never took notice before he was disrated—by off-handed I mean rather short and abrupt answers, but I am not accustomed to the sea, and cannot say whether he treated the captain with as much respect as he ought; it was my first voyage—I did say before that he did not show so much respect as he ought to the captain—instead of paying the respect a man shows to another who is above him, he answered short—he refused to have a bed on the first day he was put in the lazarette—he said that he was comfortable—he had a bed afterwards, and said that he would have it till he got to York; I suppose he meant New York—there was no other place but the lazarette that he could be put in that I am aware of—he was afterwards removed to the store-room—some of the stores were removed to make room for him, but not all—he had bed and bedding and books supplied him—he was taken out to be exercised every day the weather would permit till we arrived at New York—when the fore cabin was thoroughly cleared out he had the exercise of the fore cabin without going on deck for some days—I think the lazarette would be the coolest part of the vessel while we were in the tropics—I never saw the captain violent on any occasion.
MR. METCALFE. Q. You say there was no complaint when you got to New York; did not every one of the men, with the exception of yourself and one other, leave the vessel? A. The carpenter left—the captain shipped some hands at New York—Carl Thomberg was the only person besides myself who remained with the captain after we got to New York—the captain was summoned at New York by one or two members of the crew—I said that he was never complained of, because it never came under my notice—I wished to leave, but that was because I had better prospects—after Bryant was disrated he was put forward with the crew, and he always behaved polite and respectful to me both before and afterwards, and as far as I saw he behaved properly to the rest of the crew—I did not tell persons at New York that I could not stand the captain's conduct—I wished to leave principally because I had better prospects in the West Indies, where I had been eleven years, and because I wished to get back to England—the ship was going to England—I did not say in the presence of several persons that I could not stand the captain's conduct, nothing of the kind—I did not say so to Bryant—I can look him in the face and say so again.
MR. RIBTON. Q. See if this signature is your writing? A. Yes, I remember I did sign it—it was not read over to Bryant in my presence—I did not sign it in Bryant's presence—I heard the entries read over to Bryant, but not the whole of them, beginning with May 9th—there were some read over to him, and those I signed—this entry of May 9th was not read over to him to my knowledge—this entry of June 15th was read over in Bryant's presence, but no other that I am aware of—he made no answer—I did not hear him say that he could contradict it.
MR. METCALFE. Q. I only find your signature to June 25th; were the other entries read over to him? A. No—Bryant was called, this was read over to him, and I put my signature—this entry about his being troublesome and singing obscene songs, dated June 25th, was read over to him, but nothing was read before that that I am aware of.
COURT. Q. That is the entry of June 17th; when you were in the box just now you said the entry in the log-book of June 15th was read over to Bryant and he made no observation? A. Not on that date—the entry of June 15th was read over to him.
MR. METCALFE. Q. Was it read over in you presence? A. Yes—I and Bryant were present, and the captain read the case out of the logbook to him, the case I have just read—that was the one I put my name to.
COURT. Q. You keep on contradicting yourself as fast as you can; you have twice sworn that the entry of 15th June was read over, and twice that it was not; was the entry of 15th June read over to him? A. Yes—he said nothing when it was read over to him, he only said he could contradict it.
Q. You said just now that he did not say anything, and when you were asked if he said he could contradict it you said, "No;" did he say that? A. Yes—what he said he could contradict was what the captain said.
Witnesses for the Defence.
MATTHEW HENRY DYSON . I was chief mate of the Cymbeline for about eight months—I joined her at Singapore—Bryant was the second mate—I came to London on board her—Bryant was occasionally very insulting and disrespectful to the captain and to me, and to the crew he was insulting and bullying at times—the captain was kind and attentive to me—I was not present at the time Bryant was disrated—I heard an altercation, but could not understand the words Bryant said—Renough was made second mate in Bryant's place—before Bryant was disrated the crew were generally orderly and did their duty, but after he was disrated, and went to the forecastle, they were disorderly and insubordinate, and did not come out with the necessary alacrity to take in sail, and we had to keep canvas on the ship till they took it off—it was sometimes half or three-quarters of an hour before they came—we were obliged to keep short sail, because we could not get it shortened quickly enough—that had not happened before Bryant was sent to the forecastle, but it continued till he was put in the lazarette—I remember his being put in irons in the lazarette—the captain had not previously consulted me about the propriety of putting him in irons, but he told Bryant in my presence that it was for refusing duty and threatening—Bryant made no answer, that I recollect—at the time he was put in the lazarette there was no other place in which he could have been put—he was in the lazarette about twenty-eight days before he was put into the store-room, during which time certain stores had been removed from there—I believe he had bedding offered him when he was put into the lazarette, but I am not positive—the store-room is a large place, with plenty of light and air, and plenty of room—I recollect a report that he had left the lazarette—I found that it was so, and searched for him for some time without finding him—I reported the fact to Captain Labey, and we had a conversation, in consequence of which the cabin passengers loaded their pistols—the captain had a revolver, I do not know whether it was loaded—I had no weapon—the captain was with me at the time we found Bryant in the lower forecastle, behind a tank—I told him to come out,
he refused, and the captain, who was behind me, said, "Come out, or I will shoot you"—he came out after the captain went on deck, and I took him to the lazarette—he was then ironed on his legs, but not on his hands, as the irons were too large to fit his hands—he had plenty to eat and drink, and was treated in every respect as if he had been on deck—he had the same provisions as the rest of the crew—he had daily exercise, and was supplied with books and writing materials—he never made any complaint to me while he was in the lazarette of being there—when he came up on deck for exercise his manner towards the captain and passengers was very insulting—I was chief officer, and the captain talked to me about the necessity of confining him, and in my opinion it was necessary for the safety of the ship—I stated so to the captain at the time.
Cross-examined by MR. METCALFE. Q. Why? A. Because his manner led the crew to insubordination—a great many of them were insubordinate, and one of them was a man named Sobeski—insubordination would not be mentioned in the log, but if it led to the confinement of any person it would—every act of insubordination would not be entered—there is an entry that Mack Sobeski was insubordinate.
Q. That is on July 27th, and this was June 15th; now try somebody else? A. Well, there are many acts of insubordination which are never entered in the log—there was a man named Richard Silver, he is not mentioned in the log, and there are many other acts which I could mention—when we went in search of this desperate man, who caused us to load our revolvers, the captain allowed me, an unarmed man, to go first—I was armed with a lantern; I was not afraid—I should not have liked living in the lazarette—Bryant was never there with the hatch down—it was not nailed down cross-ways—a grating was nailed down, but not the hatch, that I know off—the grating was lashed down—the smell there was not offensive, it was not nice; but I should not like to live there, because it was not intended for anybody to live in, it was intended for stores—there was no room in the store-room, the goods were not all removed—I was of opinion last session that they were—I did not hear any of the witnesses contradict me—I went out of Court after giving my evidence; but, on consideration, I think there might be a cask there at the time—I never attended on the man, and therefore I know very little about it—when Bryant was behind the tank he did not appeal to me for protection from the captain—the words he used were, "I will not come out, for the captain has threatened my life"—he did not say that he had threatened his life before, saying, "If you do not come out I will shoot you"—he did not tell me that the captain had threatened that, because he did not leave at Singapore, he would have his game with him there—I said, "Come out, I will take care of your life"—the captain had been round to the berths, and he had his revolver in his hand, but as to poking it into the berths I cannot say—I cannot say whether there were caps on the revolver—the captain did not hold up the revolver when he said that he would shoot him, but the man might have seen that he had it by the light of the lantern, or when he came on deck—I was chief officer next to the captain, and I believe I have signed the log in two or three places—I have signed the entries of June 16th and 17th, and the 15th too—the entry of May the 9th about the disrating is signed by Renough, but I have signed it also—you will see my name there, signed across—I cannot say now whether my signature was put in after the entry of the 16th or not—on my oath these entries of the 9th May and the 15th, 16th, and 17th June
were not all written at the same time—I did not see any of them written—I mean that the captain and the man who succeeded Bryant signed fully, and I put my name across—I did not sign so for any particular object—this "CO" means chief officer—I wrote the one of the 9th May and the 15th June at the same time, and the 17th at the same time—the captain asked me to sign—I cannot exactly say when—it was not when we got to England, nor was it after we left New York, on my oath—I mean to say that these signatures were to the log when it was produced at New York—it was signed a day or two before we arrived there—I signed all these entries, and all at the same time—I do not know whether Collier signed the entry of the 25th at the same time—he did not sign it with me—I cannot recollect whether I put my name to the entry about Sobeski at the same time; I might have done so—I was aware that these matters were going to be inquired into at New York—the captain, I think, told me that when he asked me to put my name—there was another complaint made against the captain at New York by a boy in the ship named Smith—I do not know that there was also a charge against him by Mack Sobeski—he did not complain to me of being assaulted or struck—there was a complaint made by one of the seamen I know, but I believe it was Smith—Smith said that the captain had struck him—Mack did say that the captain had struck him with a belayingpin at the wheel—nearly all the men left at New York—their time was up, but Hughes left from sickness—I did not hear them refuse to serve longer with the captain, nor did the captain tell me so—he brought two men home of those who were originally at Singapore—they were nearly all fresh men at Singapore—I cannot say that many of them engaged from Singapore to England—I know that Bryant was engaged to go to England—he sacrificed his passage and came home in a passenger ship—that would cost him extra money—Reeves, the carpenter, did the same, but his time of servitude was up—he did not refuse to go on; he was not asked—he said that he was going home, and did so—I have heard cries as of a human being in distress—they came from the cabin—the lazarette is under the cabin, that is the reason I cannot tell, as sounds must come through the cabin from the lazarette—the captain was down there at the time, and I believe one or two men—I do not know whether Thomberg was there, but he was not on deck—I did not see Renough there—this was, I think, the next morning after I had brought the prosecutor out from the tank—I did not see the carpenter go down while this was going on—the steward was there I know—I did not go to see what was the matter—that continued for a very short time, it was merely an exclamation, such as "Oh!"—Bryant has refused duty to me; on one occasion he refused me personally to go on the look-out, but he did go eventually.
Q. Did you not swear at the police-court, "I never saw the complainant refuse duty?" A. Refusal of duty is when a man certainly refuses and will not do it—I believe I did say so, but I say I did not see him refuse duty—I was speaking about the case of Captain Labey—I say that I had a great deal of trouble to get Bryant to keep a look-out one night, but he did not actually refuse—he did not say in my presence when he was put in irons that he did not refuse to do his duty—he might have denied the charge—I do not remember his making any observation at the time.
MR. LEWIS. Q. Whenever you signed these entries, are they true or false? A. They are all true—I believe there is no Act of Parliament calling upon a chief officer to sign them at any time.
HENRY BRADSHAW . I joined the Cymbeline as cook before she left London, and returned with her—I know Bryant—he is a very indifferent sort of person—I mean for blackguarding of people—he has often called me, and the carpenter too, all the blind old rascals he could lay his tongue to—he called us no good names—he called me a blind old beggar—I have refused to speak to him on account of his bad language—I recollect some of the men leaving the vessel at Singapore—they told me that it was all through Bryant that they left—I recollect Bryant striking the mate at Chefoo or Choufou—I cannot say that I have seen Bryant drunk on board, but I have seen him half seas over—I saw him walking the deck on the port side for exercise from six to eight in the evening.
Cross-examined by MR. GRAIN. Q. I suppose you often say hard words to one another on board ship? A. I never had any conversation with the man the whole time; but I have been at sea forty years, and never heard so much rough language as I have heard from that man—the captain did not use a little to me—I have not heard the captain use so much bad language, because the second mate always took it up—I am generally in the fore part of the ship during the day—I never saw the captain strike any of the crew—I never heard of Sobeski—we shipped a man called Mack in Fouchou, and he left us at New York—I never heard that he was struck by the captain—I do not know anything that is done when I am in the fore part of the ship—Parker, the chief mate, left us at Fouchou, he said he could not put up with such things any longer—he was not discharged because the captain could not place any confidence in him—I know he was struck by the second mate, and taken by the collar and shaken like a dog—I could not help seeing that, because I was in the galley—it was this time twelve months, at Fouchou.
THOMAS RENOUGH . I was an able seaman on board the Cymbeline—I joined her in London and came home in her—I have sailed with Captain Labey five years, and never saw anything wrong in him—he was strict to see the men to their duty, but kind—I succeeded Bryant as second mate—I was second mate while he was mate—he had a very rude temper—his manner towards the captain was very aggravating and sullen—I saw him strike the mate, Parker, twice, and some of the crew—Parker said he would leave the ship if Bryant stopped on board—I have seen Bryant drunk several times—I once went to his berth, and he was dead drunk when the boat came on board, and he was wanted—I never heard the crew say or do anything wrong before Bryant was disrated, but after he was disrated and had been among them their conduct was very bad—when they were told to shorten sail they would not come out, and we lost sails in consequence, which were blown away because they were not taken in quick enough—Bryant has struck me twice—I remember his being required to lend his assistance in restoreing part of the cargo which had become shifted—he refused to do it—the captain told him to do so, and he said, "No, I won't before I get my tea"—it was necessary to do so to right the ship at once, but I did not hear any more, because I went down to clear the cabin—I recollect Bryant escaping from the lazarette—it was my watch, and I was called up—the captain had a conversation with me, and gave me a cutlass—he had a revolver, and two passengers had pistols—we went in search of Bryant—we did not know where he was, and we thought he would bring mutiny on board the ship—I saw him bite the captain's hand in the lazarette, and the captain took his revolver and struck him on the shoulder—I did not see him strike him in the face—he could not have
struck him in the face without my seeing him, as it was light down there—the captain was going to put Bryant's bedding in the lazarette after he went away, and he had it the same day—he had books and writing materials, and went up for exercise every day at first, and afterwards in the evening—he was never refused exercise, except when it was bad weather—I signed these entries—they are true—I do not recollect their being read to Bryant—I was not down there, but I heard about it.
Cross-examined by MR. METCALFE. Q. was this entry of May 9 written before you signed it? A. Yes, it had been written and I signed it—it had all been written I suppose—I cannot say whether the entries of 9th May and 15th June had both been written before I signed either—I signed entries once or twice one day, and the next day I signed again, or another day—I shipped in London as an able seaman—when the mate left I went as second mate, and when Bryant was disrated I got his place—I do not belong to the ship now—I am not second mate in another vessel—I continued as second mate during the whole voyage—I got more money by it, from New York—I have never seen the captain strike any of the men—I heard of one charge being made against him, but I did not see him strike him—I was on shore once or twice at Singapore—there is no entry about stealing brandy and gin—I heard the men who were in jail say that it was stolen from the cabin, and also one man who was on board—Bryant gave the men brandy and gin and induced them to go ashore—I did not hear him induce them, but I saw them all drunk that same evening, and they told me so—they refused duty because he induced them to do so—I only heard what they told me—I told the captain at Singapore that he had stolen brandy and gin—I cannot tell why the charge was not made against him there—I told the captain on the day we were going away—I carried the men's clothes to them in goal and they told me so, and when I came back I told the captain—I do not know whether an entry was made of it till after these disputes had begun—I knew that he was disrated for insolence and misconduct—I was present at the insolence—he was very insolent—he used very strong language—the captain told him he wanted the rigging done so and so, and he said, "I won't do it, I will have my way"—I do not know whether that was in Dyson's presence—he has threatened the crew many times I know, and he has tried to get them overboard several times—He threatened Parker, the mate, and me before we got to Singapore—he also threatened Johnson, one of the crew—he threatened to knock me down—I can take care of myself—that was before he was disrated, and one night he hove a spun yarn at my head and tried to let men overboard by letting go the halyards on the run when they were on top of the yards.
MR. RIBTON. Q. You say that Parker left at Swatow? A. Yes, because he would not stop any longer if Bryant stopped on board—Bryant was made first mate and continued so at Singapore—the men were in goal at Singapore for I think three months—it was a couple of days before we left Singapore that I saw the captain and told him what they said—I read over most of the entries in the book before I signed them—I read over that of May 9, it is all true as far as I know; and the other entries also, Rees—the carpenter, was confined in the watercloset by the captain for one night.
MR. LEWIS. Q. Did you hear Rees say that it served him right? A. Yes, because he was drunk and kicking up a noise.
follows:—)"I am British Consul at New York—on the 21st July Bryant was summoned to appear on other complaint—he appeared on the following day I think—the master complained of his insubordination and insolence during the voyage, produced the official log-book, and desired the matter investigated, and a summons was issued to the prosecutor to appear on the following day I think, when he appeared with his solicitor, and the master was also in attendance, with his witnesses, two passengers, and a number of the crew—I told the prosecutor he might bring any witnesses he might have—when the witnesses were in the public office, and the prosecutor, the defendant, and the counsel for the prosecutor appeared before me, I stated to the prosecutor the complaint of the master against him, and read to him a portion of the entries in the official log-book, stating to him what each charge was; the prosecutor's solicitor, after a little while, interrupted me and said, 'I think, Mr. Consul, we will not trouble you to go into this matter; if the master will consent to discharge Bryant, and pay him his wages, we shall be content to drop the matter'—I think before he said that he asked the captain if he intended to proceed with the complaint against Bryant—it was before or immediately at the time—the captain said yes, he wished to go on—the solicitor then made that observation—I said distinctly to Bryant, 'Do you wish to take your discharge and your wages without any further investigation? '—Bryant said, 'Yes,' and made some observation about his having been falsely imprisoned by the captain—the captain replied, ‘If I had not done so the control of the ship would have been taken from me'—I asked Bryant's solicitor if he intended to take any proceeding against the captain—he said no; if he were discharged, and his wages were paid, that would put an end to the matter—Bryant made some further observation about his having been hardly treated by the master—the solicitor said, 'Never mind that; now the matter is settled, we need not go further into it'—I asked Bryant again if he was content to take his discharge, and told the master to prepare his account and his discharge, and so the case ended—the captain wished the witnesses to be examined—I said there was no necessity of going further into it—the prosecutor was in the office some two or three days afterwards, and there was some question about his wages—the captain thought he ought not to pay his wages in full, and I said he ought not to raise any objection now, as the matter had been settled by his solicitor—I had no complaint from Bryant.
Cross-examined. I had no jurisdiction to inquire into the injuries that Bryant said he had received—I have a jurisdiction, by the Merchants' Shipping Act, to inquire into an assault to a certain extent—I have no power to try assaults—I mean to say I have a limited jurisdiction to inquire into these matters, and, if necessary, to send the parties home, and take depositions, a preliminary investigation—I do not remember Bryant saying he would not return in the ship if the captain gave him 1000l.—it is not unlikely—I do not know whether the captain was summoned by other men—they did not bring me all the way from New York, I happened to be here—my inquiry was for the purpose of seeing if it was for a naval court, or whether I could deal with it—when Bryant's complaint was made I did not notice that he suffered from illhealth—I heard no observation about his eyes—I did not notice them—the whole only occupied a few minutes—there was sufficient intimation that Bryant had something that he wished to say"
MR. RIBTON. Q. Do you know how the matter in dispute about the wages was settled? A. His wages as second mate were to be paid.
COURT. Q. Annulling the disrating? A. Yes, the solicitor made the statement to me that if the captain would give him his discharge and drop the matter he would do so—I said, "Do I understand you to say that you take no proceedings against the master on the part of the mate?" and I said the same to the master—there was a dispute about the rate of wages on a subsequent day, when both were represented, and I told the master that the agreement was that the mate was to be paid his full wages to and fro—that was the civil question; of course the criminal matter was for this Court, but I am authorised to settle disputes.
The prisoner received an excellent character.
GUILTY of the assaults on the 15th and 16th June, and NOT GUILTY on the counts for false imprisonment.— Fined 20 l.
OLD COURT.—Wednesday, December 19th, 1866.
Before Mr. Justice Mellor.
MESSRS. METCALFE and DALY conducted the Prosecution.
MARIA EASTEY . The prisoner is my mother—on the evening of the 2nd December, about nine o'clock, I remember my father and mother coming home—they had a glass of rum and water apiece at a public-house—I was with them—they had a few words about 3s. 1d. being stopped at the cooperage—mother told father to go out of his own house, and then he struck her with his fist and knocked her down—he knelt on her head while she was lying on the floor—he struck her again when she got up, and pulled her hair—mother hallooed and told him to go out—he would not, and she pushed him out—she did not go to do it—she put her hand on his back, and he rolled off the steps—he was near the door, on a piece of wood inside the passage—there is a piece of wood and three steps—the wood is not above the floor, but flat with it—he fell down the steps and laid on the stones.
COURT. Q. When your mother pushed him was he trying to strike her? A. No, I am quite sure of that—he only struck her twice in the room, and pulled her down; that was a minute before she pushed him—he was standing against the door when she pushed him, and the door was open—she only pushed him gently—they had had a glass of rum and water apiece—I don't know if they had anything else—he was not intoxicated—I have seen him tipsy—he knelt on her head, and struck her—he has done that many a time when sober—I said before the Magistrate that father struck mother in the passage after they left the room—that is true—that was just before she pushed him.
Prisoner. What the child says is quite right—I was very much illused that night.
HARRIET MORRIS . I am the wife of George Morris, a paperstainer, of 24, Hungerford Street, St. George's, opposite the prisoner's—I came home about ten o'clock on Saturday evening, the 2nd December—I heard screams of "Murder" from children, and went with my lodger to the prisoner's house—I heard a female voice say, "You old b—, I will now serve you out," and all of a sudden a man was either violently thrown or pushed from the
top of the steps—he came out with a fearful fall—he was taken so sudden that he had no chance to stay himself or to speak—he was sent with such force that he rebounded from the steps, and went to the other side of the road; it is rather narrow—I heard him scream—two men picked him up, and carried him in—he did not scream; he only gare one moan, a sort of sob—my landlady said to the prisoner, "You are a bad woman to serve your husband like that?"—she said, "I am not a bad woman"—there was a fearful quarrel between them, and in consequence of that no medical man was called to see the deceased—he laid there till I went in in the morning a little after eight, and he died about a quarter to eleven.
ELLEN EASTEY . I am twelve years old, and am the prisoner's daughter—I remember my father and mother coming home from market on this Saturday night—mother was the worse for drink, father was not—they had some words about being 3s. 1d. short of his wages, and father called her a b—sow—mother told him to go out—he would not, and she pushed him, that was in the passage—they fought together before that—I did not see him strike mother—she fell down, and he struck her when she was down—I did not see him kneel on her head—I saw him strike mother afterwards in the passage near the door—he struck her hard, and then mother pushed him directly in front, and he fell backwards down the steps on his side—we did not cry out "Murder" at all, we screamed—when father fell mother ran and picked him up, and somebody came and assisted her.
COURT. Q. Did he hurt your mother when he struck her as she was down? A. Yes, and also when he struck her in the passage—he struck her with his fist.
JAMES BUGBY (Policeman K 140)I was called in on Sunday morning, 2nd December, about half-past ten, and found the deceased in the front room downstairs at 4, Hungerford Street—he was dead and undressed—it was the body of Charles Eastey—I examined his head and saw a patch of dry blood—I told the prisoner I must take her into custody for causing the death of her husband—she said, "My husband was standing at the door; he slipped and accidentally fell backwards down the steps"—I examined the passage—there is a piece of wood let into the floor by the door, but it is flat, nothing to catch the foot against—the prisoner appeared to be sober.
HENRY TAINTON . I am ft surgeon, of 9, Bedford Place, Commercial Road—I made a post-mortem examination of the deceased—on removing the scalp I found extravasation of blood immediately opposite the posterior part of the head, with extensive longitudinal fracture of the occipital bone, extending into the foramen magnum—no medical skill could have saved him—whether he was sober or not at the time would have made no difference, the fracture was so extensive—they were exactly such injuries as would be caused by falling down steps—he must have fallen backwards.
The Prisoner's Statement before the Magistrate:—"I am innocent of the charge of ever injuring my husband intentionally"
Prisoner's Defence. "It was through a drop of drink and a quarrel He called me very bad names and threw me down and knelt on me; I feel the pain now. I could not screamThe children said, ‘Do let mother up.' I got up and sat on a chair and said, ‘For God's sake go out and leave me alone,' and when I went to the door to toll him to go away, and not call me bad names before the neighbours, he struck me a violent blow, and in the struggle somehow he must have got thrown off the
steps I hope you will consider the state I am in; I expect every hour to be confined. NOT GUILTY .
MARY ANN RICKWOOD . I am the prisoner's daughter-in-law, and lived at 5, Hall Yard, Bethnal Green, at the time of this occurrence—on the night of 19th November prisoner and his wife came to our house, and slept in the same room with me and my husband—I was awoke about a quarter to seven in the morning by hearing the deceased say, "Oh! Sam, look what you have done, you have cut my throat"—the prisoner answered and said, "Yes, I know I have, and I have not done it to my liking now"—that was all I heard—I went after a policeman—I saw the deceased bleeding from the neck, and saw this knife (produced) lying by the bed—the prisoner remained in the room till I came back—I could not find a policeman, and then my husband followed him out—the deceased was taken to the hospital.
Prisoner Q. Did I sleep there before that night? A. Yes, three nights—your wife had sold your things through want—she had nothing to eat and no money to pay her rent—we have not had any of the things, only some bedclothes and saucepans—I have them now.
COURT. Q. What is the prisoner? A. He said he was at work over the water at boot finishing.
HANNAH RICKWOOD . I am the prisoner's wife—on the night of 19th November we went to sleep at my daughter's house—about a quarter to seven in the morning he got up—we were on very good terms indeed—he asked me if I was awake, I said, "Yes"—he said, "Shall I get up and light the fire, as I know you would like to have a cup of tea before you go away?"—he directly put his knees over me into my stomach, and got his knuckles between my nightdress and throat, and garrotted me—I could not speak or move—I did not see anything in his hand, but I felt the knife go in at the side of my neck—as soon as I felt the knife I gave him a sudden push, and got him off me—I then gave a bit of a scream, and said, "Oh! Sam, you have cut my throat"—I got out of bed as well as I could, the blood streaming down upon me, and jumped on to my son's bed—my husband got out of bed, and began dressing himself, and he said, "I have not done it to my liking now; I am only sorry to think that I laid too long; I am only sorry I have not cut your b—head off"—I was so exhausted I don't know what followed—while he was doing this I put my hand up, and he cut my finger and my ear—my finger was bad for a fortnight—this is a shoemaker's knife, which he bought of my son for a penny—we had had no quarrel that night; he was on as good terms as he had ever been in his life, in fact better than we had been for many years past—we have been married twenty-seven years, and I have borne him a large family.
Prisoner. She sold my home and all my things, not for want, but spite Witness. I had very little to sell I sold them to pay my rent, and get a bit of food for my boy and myself; he had turned the others out of doors—all I got for the things was 30s.—he told me the week before I could sell them, and give him part of the money.
my wife—I was awoke by the screams of my mother—I heard her say, "Oh! Sam, what have you done? you hare cut my throat"—he said, "That is what I intended to do for a long while; I hare not done it to my liking now; I wish I had cut your head off," using a very bad word—I rushed to the door and took the key out, and would not let him go out till he had dressed himself—he said if I did not let him go he would jump out of the window—I then let him out and followed him—as he was going down the Curtain Road I saw him wipe some blood off his hand.
Prisoner. You are telling a very different tale to what you did before Witness. No, I am not—you have tried to put mother away many a time, and many a time you have taken a knife up to me, and my brother Ted, who has gone for a soldier—he has been a very bad man to mother all his life.
WILLIAM HORNE (Policeman 142 H) From information I received, I went to the last witness's house, and saw the prosecutrix sitting in a chair smothered with blood, coming from a wound in her throat—she picked up this knife and gave it me; it had blood upon it—she said, "My husband has cut my throat with this knife"—I bandaged her neck, sent for a cab, and took her to the hospital.
LAZARUS COKER (Policeman 180 G) About quarter to eight on the morning of 20th November I saw the prisoner and his son in the street—the son had hold of him by the arm, and he was trying to get away—the son said he should give him in charge for cutting his mother's throat—the prisoner said, "It is all through you; you will remember putting me away"
JOHN ROGERSON . I was house surgeon at the London Hospital when the prosecutrix was brought there, on 20th November—she had an incised wound a little below and at the outer side of the middle of the neck on the right side, about one inch and a half long—it was about an inch from the jugular vein—this knife would produce such a wound—it was not a dangerous one—her finger was cut—I dressed that also—she was under my care for about a fortnight, and then went under the house surgeon who succeeded me—I examined her throat to see if there were the marks of a man's knuckles.
Prisoner's Defence. I cannot recollect anything that took place on the morning of the 20th; but on the 15th she sold my home, and my son had part of the things. I always kept a place for her these twenty-seven years, and I think it very hard she should sell my things unbeknown to me. It was done on purpose to drive me into the street. My son and her agreed to do it GUILTY .— Fifteen years' Penal Servitude .
MR. FHLEWIS conducted the Prosecution, and MR. PATER the Defence.
GEORGIANA WRATTON . I am the prisoner's wife—I returned home with him about half-past eleven on the evening of 20th October—I was sober—my husband had had too much—my boy was rather rude, and he was going to hit him, I wanted to prevent him and got knocked down or fell down, I then felt some hot water on my right arm—I was lying on my stomach—I rose my head a little and saw the water pouring out of the kettle—it was a very heavy kettle—my husband had it in his hand, I supposed
him to be trying to save it if he could—it was very near the hearth—I became insensible for a few minutes—the water was poured over the upper part of my arm and head—it was a very awkward fireplace, the least thing would knock the kettle off—my husband was rather out of temper with the boy and me—my arm was dressed by a surgeon—I have no use of it now—it was done momentarily—I think the kettle must have fallen down.
Cross-examined. Q. That is your belief, is it not? A. Yes, and that in picking it up he accidentally allowed the water to fall upon me—when we came in he put me on his knee and was dabbing me about—he could not hold me, being tipsy, and let me fall—I suppose I slipped down, I can't say exactly; he was wanting to undress me—my boy is twelve years old—I had had a glass of gin, but was quite sober.
MARK JAMES VANNER . I live with my mother and stepfather (the prisoner)—I recollect their coming home on 28th October—he was very drunk—mother seemed as if she had had one glass—I wanted to get her into bed, to get her away from him—an old lady who lives there came in and wanted to help get her into bed; the prisoner would not let her, he was going to turn her out, mother would not let him—he threw her on the bed and knocked her head against the wainscoat, he then threw her on the floor, then lifted her up on a chair and set her on his knee—they then both fell down together, he picked her up, she wanted to get away from him, and then he threw her again on the floor by the side of the fender, and the kettle somehow came over them, I don't know how—I did not see the kettle in his hand at all.
MR. LEWIS here withdrew from the Prosecution.
NOT GUILTY .
MESSRS. F H LEWIS and HOUSTON conducted the Prosecution, and MR. STRAIGHT the Defence.
ELIZABETH BROWN . I am a widow, and live at 58, North Street, Edgawre Road—the child Emily Louisa Morris was six years old on 1st September last—she is an illegitimate child of the prisoner's, I have had her under my care ever since she was a fortnight old—she is a very intelligent child—I should think she is able to tell what happened—the father agreed to pay me 5s. a week for it, and the mother 2s.—they have not paid me regularly, the father owes me 11l. 2s. and the prisoner 6l., but I never pressed her for the money, because she paid me as far as lay in her power—three weeks before this occurrence I received a note from her to meet her at the Bishop's Road Station, and I met her there on the Sunday evening, 4th November—she said she wished to see me concerning Emily, as her sister had promised her to take her off her hands and keep her—she told me to get her ready by the following Monday or Tuesday week, and she would call for her—she did not come till Wednesday afternoon the 14th—she stopped and had tea with me—she told me she was going up to Charles Street, Portland Town, to get something out of a box that she had left there, would I get the child ready and take it up to meet her at St. John's Wood Chapel, as she should have to take an Atlas bus to go to Charing Cross—I took the child to St. John's Wood, met the prisoner there, and gave the child into her hand—that was about six in the evening—the child was brought back to me by a policeman about half-past
eleven that same night—she made a complaint to me, she said that her mouth smarted and was very sore—I examined it and asked what made it sore—her lips were quite black and her mouth and throat very red, quite inflamed—I found all the colour taked out of the front of her frock, it was a little silk frock, this is it (produced), and this is the jacket she had on; there is something on the jacket that looks like erystalised sugar—I gave the frock and jacket to Mr. Carrington, the chemist, next morning, he examined them and the child also.
Cross-examined. Q. Was the prisoner fond of the child? A. Yes; she always used to notice it—she was in service—the child was quite well on the day she left—I gave it into her charge in Park Road, opposite St. John's Wood Church, the prisoner said she was going to take it to her sister at Whitehall—it was her own wish to take it away, I begged of her to let it stop.
EMILY LOUISA MORRIS . I do not know how old I am—I hare been living in North Street—I recollect one day going with my mamma in a train—we got out of it, and she went and got two penny bunt—we took a walk a long way—we went into a dark place—there were no houses there—it was a dark avenue—there were trees there, and all the dogs were barking—there was a lamp near where we were standing—my mother stood by the lamp, and took a little bottle out of her pocket, and poured something out of it into a little glass, and said, "Emily, will you have some of this?"—I said, "No; I do not care about it"—she said, "Oh, you must have it; it is peppermint, and it will warm your belly, and if you drink it up nicely I will take you back to Mrs. Brown's"—she said, "If you won't drink it, dip your bun in it," and because I would not she dipped it in, and she made me have two bites of it, and then I was sick, and threw it all up—before that she held my nose and poured it down my throat because I would not drink it—it made my mouth smart—it had a sour taste—it smarted all round my lips—she poured the stuff out of the glass down my throat—she then said, "Drink another little drop, and I will throw the other away; if you drink it up nicely I will go and get you a bottle of port wine"—I know what port wine is, it is nice stuff, I tasted it when I was ill—after she poured it down my throat she said she was going behind the tree—she went away—I called her—I knew her name was Harriet Morris, and I kept calling "Harriet Morris!" but nobody would answer me—I heard somebody walking away—I was sick directly after she gave me the stuff, while she was with me—she said, "I told you you would be sick; if you had drank it up nicely you would not have been sick"—she spilt some of it down my frock and jacket—when I found she did not come back I began to cry—I ran out of the park, and a man met me, and said, "What is the matter?"—I said, "My aunt has run away"—I called her my aunt because I did not like to say she was my mother—I do not know why—I have got an aunt—a boy came running up from between the trees, and the man told him to take me home, and he took me to the police-station—I told them where I lived, and the policeman took me to Mrs. Brown's.
Cross-examined. Q. When was it that the bun was given you? A. When we were out—that was in the afternoon—it was dark—the lamps were lighted—I had only seen my mother once when she came to fetch me—I never saw her before that—she did not call at Mrs. Brown's to see me sometimes—I knew her because I could see her face—my other mother, that is behind me (Mrs. Brown), told me the prisoner was my
mother—she used to come to Mrs. Brown's sometimes—I had seen her now and then, and when she used to come in the evening.
ELIZABETH BROWN (re-examined) The prisoner has been in the habit of coming to my house nearly every other Sunday evening, but more often than not the child was in bed then—she knew she was her mother—she saw her several times.
JAMES TOMKINS . I am a costermonger, and live at 11, Elizabeth Buildings, Chiswick—on Wednesday night, 14th November, between seven and eight o'clock, I was about fifteen yards from my own door—I heard a child screaming—I ran directly, and found this little child in the Duke's Avenue, which is a dark place, with two rows of trees on each side—I asked her name—she said her name was Morris—I asked her where she came from—she said from the Edgware Road—I asked her to come with me, and I took her to Sergeant Rogers, and left the child with him.
WILLIAM HENRY ROGERS (Police Sergeant T 137)The little girl was brought to the station by Tomkins—she said her name was Emily Louisa Morris, and she lived in North Street, Edgware Road—she told me her aunt had brought her down by the train—I sent a police constable with her to the address she gave.
Cross-examined. Q. When she was brought to you was she suffering much? A. She did not appear so.
JOHN TATHAM (Policeman T 130)On Thursday, the 15th November, I received from Mrs. Brown this child's frock and jacket—I went to the prisoner, at No. 29, St. Peter's Square, Hammersmith, where she was in service—I saw her, and asked her if her name was Harriet Morris—she said, "Yes"—I asked her if she had a child named Emily Louisa Morris, she said, "Yes"—I then told her that I was a police constable, and the charge against her was for administering poison to Emily Louisa Morris, her own child—she said "It was not poison, it was alum water, the child has been a world of trouble to me, and has brought me very near to death's door before"—she said that when she left home on Wednesday she never intended to return any more, and she left the child in Hammersmith.
JOHN KAY (Police Inspector F) On the 16th November I went with the last witness to No. 29, St. Peter's Square, and saw the prisoner—when he told her the charge she said, "The child has been a world of trouble to me, and brought me to death's door before now. I have no one in the world to help me; my father is dead, my mother is a poor woman in the country. It is a shame the father does nothing to the child. It has been in the hands of the lawyers for months, and yet nothing is done. I intended to have stopped with her, I wish now I had done so, and then there would have been an end to us both"—I asked her where she got the alum water from—she said she had it for a long time—she had said in answer to the constable that it was alum water.
Cross-examined. Q. Did she seem in very much distress? A. Yery much indeed after she saw the lady in whose service she was—I had not cautioned her previous to this conversation taking place.
JOHN WILLIAM CARRINGTON . I am a chemist—Mrs. Brown brought me this frock and mantle—I examined it and discovered stains—on the jacket there was a white crystalline deposit down the front—I tasted it with my tongue, and found it extremely acid—it was not alum—in my
opinion it was oxalix acid—I looked at it from a powerful magnifying glass, and from the appearance of the crystal I said it was oxalic acid, but it might have been salt of sorrel—both of those are poisons, and the crystals very nearly resemble each other—oxalic acid is used for cleaning coppers, and salt of sorrel for removing stains and iron-mould from linen—the stains on the frock were consistent with one or other of these poisons—it would produce a burning sensation in the mouth and a strong acid taste—I should say about a drachm, that is sixty grains, would be sufficient to cause the death of a child six years old—the effect of an overdose would be vomiting—I looked at the child's throat, and found it unusually red, and the lips were very dry and parched—she said it had burnt her, but she did not feel it much then—alum would not produce such an appearance as I saw—alum is used for gargles—it would crystallise, but the crystals would be very much larger than those I saw—these were very fine needle-like crystals—crystallised alum would not be at all acid in its taste—it is a natural salt, there is no acid in it—the appearances I saw were quite consistent with the administration either of oxalic acid or salt of sorrel, and likely to be caused by it.
Cross-examined. Q. Did you apply any test? A. No, the ground of my opinion was the examination of the stains and crystals through the magnifying glass, and also the taste—there are a great many acids, some varying very little from others in description—they have all their own peculiar character—there are many fluid acids, but oxalic acid has a very peculiar and marked crystal, which I detected through my glass—there is another acid a good deal like it, which is gallic acid, but that is so intensely styptic that it would not have produced the effect—I am not prepared to say there is no other acid that would—the crystals of alum are very large and awkward lumps—the stains on the dress were on the front part—they were not crystals—they were red stains.
Q. Can you explain why there should be crystals on the upper part of the dress, and stains on the lower? A. I can only explain it in this way, that it was the bottom of the vessel that contained the acid, and that the crystalline deposit fell on the jacket, and the fluid on the skirt—the whole of the crystal might not have been dissolved in the fluid—there may have been a deposit in the bottle, and that deposit might have been in the glass—I would not say it might not be caused by some other acid, because almost every day there are fresh acids discovered; there may be many which I do not know—I am a chemist and druggist, not an analytical chemist.
JURY. Q. Could similar stains to those on the dress have been produced by alum water? A. Certainly not—alum water is a fixer of colour, it will not take colour out of material as this acid had done.
DAVID JOHN ALLEN , MDI live at Wellington House, Wellington. Terrace, St. John's Wood—on 16th November I examined this frock and jacket, and the child—I observed some stains on the frock, and a crystalline deposit on the jacket—my impression was that they were crystals of oxalic acid, and the stain on the frock I thought to be the same—in order to solve the doubt, I dissolved a portion of oxalic acid in water, and produced a stain on the frock precisely similar to the one I have seen—I did not try whether I could produce the crystals on the jacket—my impression is that it was undissolved crystal—neither of them could be produced by alum—I tried alum, and it would produce no stain whatever—it would fix a colour, but not remove it—I tasted it, and it had a very acid taste—I examined
the child the following day—her lips were very parched and dry—the lining membrane of the cheek, and the whole of the mouth, extending right to the back of the throat, was very red and inflamed—that would be likely to be produced by oxalic acid, but certainly not by alum water.
Cross-examined. Q. Do you know that alum water and peppermint mixed make a gargle? A. No, I do not—alum water is used for gargle—when I produced the stain on the frock the acid did not crystallise—it is not usual for it to do so—it depends on the strength of the solution—in an ordinary solution of oxalic acid you would not expect any crystals—a given quantity of water takes up a given quantity of acid—there are other acids that would produce the same appearance; sulphuric acid, nitric acid, and muriatic acid—they are liquids—oxalic acid is a very deadly poison if taken in large quantities, a wineglass would be fatal—it is used for the purpose of cleaning coppers—whether the solution would be fatal would depend on the strength of it—I have known death ensue from oxalio acid after vomiting—many take it and their lives are sacrificed without vomiting at all.
GUILTY . Recommended to mercy by the Jury, in consequence of the poison having been administered under very painful circumstances.—Fifteen years' Penal Servitude .
THIRD COURT.—Wednesday, December 19th, 1866.
Before Mr. Common Serjeant.
The following prisoners PLEADED GUILTY:—
103. GEORGE PURROCK (21) , to feloniously forging and uttering an order for the delivery of goods, with intent to defraud Thomas Mattinson and others.— Confined Fifteen Months . [Pleaded guilty:See original trial image.]
105. REUBEN HENRY SEABROOK* (28) , to feloniously forging and uttering an acceptance of a bill for 10l., with intent to defraud, having been before convicted; also to unlawfully obtaining 9l. from Thomas Atkinson, with intend to defraud— Confined Twelve Months . [Pleaded guilty:See original trial image.]
106. FREDERICK GOODLUCK (20) , to burglariously breaking and entering the dwellinghouse of Robert Frederick Johnson and stealing two coats and other articles— Confined Nine Months . [Pleaded guilty:See original trial image.]
109. And, THOMAS PASSINGHAM (28) , to burglariously breaking and entering the dwellinghouse of Joseph Washofsky and stealing therein— Confined Twelve Months . [Pleaded guilty:See original trial image.]
MR. M. WILLIAMS conducted the Prosecution.
GUILTY .— Confined Six Months .
MR. DALY conducted the Prosecution, and MR. NICHOLSON the Defence.
NOT GUILTY .
MR. COLLINS conducted the Prosecution.
JOHN FULLER . I am a labourer, of 21, Daglish Street, Limehouse—on 27th November, about ten o'clock, I was going along the Glengalk Road—I was perfectly sober—the prisoner sprang out from a wall, struck me on the side of the head with his fist, and knocked me down—he called out, "Come on, we have got him now"—five or six men came up and got on top of me, kicked me, rifled my pockets, and took 1s. 6d. out of my waistcoat pocket, and my purse and a sovereign and a half out of my trousers pocket—after that one of them kicked me in the side—they then all ran away, and I got up and said, “ It's no use running away, for I know some of you “—several of them then turned upon me and I ran away—the prisoner was one of them—I knew him before, when he was potman at the George—he left there on the Monday before for being drunk, or something of the sort—I found a policeman in twenty minutes, who told me to go to the George next morning—I did go on Wednesday, the 28th, and found the prisoner sitting in the taproom—I then went to the station and gave information, and two policemen came and took him.
Prisoner Q. Where were you at 10 o'clock on Tuesday night? A. I was going home then—I had been at the George and had three pints of ale with a friend—I was not there till past six o'clock—I was not drunk there the whole afternoon—I went home with my friend, and we came back to the George and had another pint of fourpenny ale, and then we parted—I ultimately left about 10 o'clock, I cannot say for a minute or two—Mr. Davis, the landlord, did not turn me out for being drunk—the policeman I met knows that is not true—I did not accuse another man in front of the George—I never mentioned any one's name—I never said I lost 50s.—I have brought a charge against a man named Joseph Anderson—he is one of them—he is not in custody.
COURT. QDid you see the prisoner at the George that night? A. Yes—he stood drinking with several parties in the house—he left before me or slipped in front of me—I did not notice when he left—Anderson was in the house that night—I don't know when he left, or whether Anderson and the prisoner left together or not—I am a labourer in the West India Dock—I received a blow in the head—I could not stir—I never went to work for a week afterwards.
JURY. Q. Did you lose sight of the prisoner? A. After he struck me he ran away—I did not lose sight of him—when I turned to run away I was close to him.
THOMAS HOWE (Policeman 155 R) About half-past one on 28th November I went with Fuller to the George—I found the prisoner there—Fuller charged him with knocking him down the night previous in the Glengalk Road, and stealing 31s. 6d. from him—the prisoner said, "I know nothing at all about it"—I am looking after Anderson—I have searched for him—I have not found him.
COURT. QDid you see anything the matter with the prosecutor's head? A. He complained very much of his head and of his side—I did not notice any bruise.
Prisoner's Defence. I know nothing of the case whatever. I am quite innocent. At the time this man accused me of robbing him he was asleep in the George, drunk. The men bad to turn him out of the George at ten
o'clock. The landlord turned him out at eleven o'clock, drunk. That was the first time of his going out of the house in the evening. He had been drinking in the house all the afternoon NOT GUILTY .
113. GEORGE BARKER (14), SAMUEL PLUCKROSE (14), and WILLIAM THOROUGHGOOD (12) , Stealing 128 pounds of lead, the property of the Great Eastern Railway, and JAMES NOE (33) and HANNAH SMITH (28) , Feloniously receiving the same, to which BARKER, PLUCKROSE, and THOROUGHGOOD, PLEADED GUILTY .
MESSRS. STRAIGHT and GRAY conducted the Prosecution.
MR. WOOD defended Smith.
WILLIAM HARMER (Policeman 166 N) On the 7th September I was on duty in Pownall Road, Dalston, and saw Noe carrying this sack (produced)—I stopped him, and asked him what he had got there—he said, "See"—I said, "I want to know what you have got there"—he said, "Well, it's lead"—I asked him where he brought it from—he said, "17, Martha Street, Haggerston," and that he kept a marine-store shop there—I asked him what he gave for it—he said, "17s. 6d. per hundred-weight"—I asked him if he kept a book—he said "Yes" at first, afterwards he said "No"—he said I might come to 17, Martha Street, and I should find it all right—I took him to the station, and afterwards went to 17, Martha Street—I found the name of Smith over the door—I saw the woman Smith there—I asked her if she had bought any lead or any metal that day, or if she had received any—she said no, and if she did she did not buy above a pound or two, and then did not keep it—I said, "That's strange; I stopped your husband, at least a man, with some lead, and he says he brought it from here"—she said, "He has not taken any from here"—I said, "Oh! yes, he has"—I went to No. 10, at the bottom of Martha Street, and saw a man named I son—what I son told me induced me to go to Noe's father's house, Camden Street, Old Bethnal Green Road—I knocked, and Noe's sister opened the door—I said, "I have come for that lead which was left here"—she said, "There is no lead left here"—I said, "Oh! yes, there is; for the man is here who brought it"—I found there another bag of lead; it was handed to me by Noe's father—I took it to the station—Noe was then in custody—the boys were not in custody at that time—Noe was charged with unlawful possession—he said he bought it of a tall man—he did not know who he was, but should know him again if he saw him—Ison was present, and said, "That is the man that asked me to carry the bag from 17, Martha Street"—I don't think Noe made any reply to that—I son said he was carrying the bag to the Olive Branch, in the Hackney Road—I had seen Ison also when I saw Noe carrying the bag—he was carrying a bag, and Noe was a little distance behind—they were going in the same direction—on the following morning I went to Martha Street—I saw there a lad named Oaks, about ten yards from Noe's house—I told him I should take him in custody for stealing lead—I observed the boys Barker and Pluckrose going in the direction of Noe's house, not above a hundred yards from where I saw Oaks—Barker was carrying a piece of lead on his head—Pluckrose had not anything—they threw down the lead, and ran away—I ran after Barker—I took them into custody, and I picked up this lead (produced)—Pluckrose was with Barker when I saw them crossing the road towards Noe's house—I took the three boys up to the Broadway, and, from what Oaks told me, I
went to Thoroughgood's house and apprehended him—I told him the charge was being concerned with the other lads in stealing the lead—he said he had done nothing—this was about half-past eight in the morning—I took them to the station—they were placed in the dock—Noe was then brought in—Pluckrose and Barker then said, "That is the man that bought the lead of us"—Noe said, "That is false"—Pluckroae, I think it was, also said, "He told us he would buy anything we liked, so that we didn't crack the crib"—Noe said, "That is false"—I searched 17, Martha Street, and found a quantity of locks and gas-fittings—I asked Smith if she had got a marine-store dealer's licence—she said she had not—I went with Superintendent Russell and a brother constable to No. 1, Tower Street, and took the lad Oaks there—I saw the lead compared with the lead on the roof; it tallied, and the nail-holes, where it had been taken off, corresponded with the holes through the lead—I should say it was cut with an old knife; it was cut very badly, and was jagged—I knew nothing of Smith and Noe before.
Cross-examined. Q. How long have they been living together? A. Since Whitsuntide—I have made inquiries—I have heard that they have been married, but I do not know it for certain—I believe he has a wife and family—he has gone by the name of Smith since he lived with the woman Smith—she told me she had not purchased the lead—the boys said she received it from them—they meant some lead before when they said, "That is the man who bought the lead"—Oaks received a penny from the woman.
JOHN JONES (Policeman 466 N) I was called to assist in taking Noe into custody—I went with him to the station—he told me on the way that he had bought the lead in the morning of a tall man, for threehalfoence a pound—I was with Harmer when Pluckrose was taken in Martha Street—I was at the station when Barker was brought into the dock, and Noe was also brought in in custody—the sergeant on duty asked the boy if that was the man he had taken the lead to, and he said, "Yes"
JAMES ISON . I am a labourer at Haye's wharf, and live at Haggerston—on 7th December, about half-past seven in the evening, I went to Noe to buy a pair of boots he had promised to get for me—he said he had not got them from the party he had promised to get them from, but had two pairs in the house belonging to his neighbour next door—I asked him if I could see them—he said not just at that time, because he was going out—I asked him how long he would be, he said, "Not long; I am only going as far as the Olive Branch, in the Hackney Road; you might as well go with me"—I consented—when we were about starting a woman came into the shop, and after she had gone we put two bags on the counter—I saw no transaction take place—there was no talking—she came into the shop and left—Noe asked me if I would carry one—I objected at first, on account of the weight, about half a hundredweight—he said directly, "It is not far; we shall not be long"—I carried a bag—he told me he was going to the Olive Branch—when I got as far as thecanal bridge Harmer stopped us, and when he stopped I stopped—afterwards he passed on, and I went on my way till I got to the Olive Branch, in the Hackney Road, expecting Noe would soon come after me—I waited there half an hour—I knew that I could not have got so far ahead of him as that, and crossed the road, with the intention of going back to his shop; but, on second thought, and as the load was heavy, I recollected that he had a relative living close there, and I took it to his house—that Noe's father—
I left it there—I then returned home, and my wife told me what had transpired.
COURT. Q. Did Noe start with the other bag at the same time? A. He carried that about thirty or forty yards behind me when I first started—I saw no more of him till after he was in custody.
DANIEL OAKS . I live with my father, a carpenter, at 12, George Street, London Fields, Hackney—on the morning of 7th December I was. in the London Fields playing—I saw Thoroughgood first there about half-past ten running across the fields—he said, "Have a game," I think it was—I then saw Barker and Pluckrose playing at tip-cat—I stayed about a quarter of an hour—Barker said to Pluckrose, "Are you coming to get any of that tonight?"—I said, "What is it?"—they hesitated a few minutes, and then Barker said it was lead—I asked where they were going to get it—they would not tell me—I said, "If you can get any I can sell it"—Barker said, "Very well, we'll get some"—he did not say where—he said it was an empty house—we went lower down, by some railway arches, and played there some time—about half-past three in the afternoon we went together to the house No. 1, Tower Street—we got over the garden wall—a hole was broken through the roof—we got through that hole into the loft—Barker got through first—Pluckrose began trying to hack the lead off the roof with an old rusty knife—the lead was ultimately got off the roof—Pluckrose handed it down to Thoroughgood, and Thoroughgood to Barker, and when I got over the wall it was thrown over to me—we then all got over the wall and went with the lead to 17, Martha Street, a marine-store dealer's—we found Mrs. Smith there—I said, "We have got some lead,"—she said, "He is not at home now"—I said, "What time do you think?"—she said, "I do not know; it is uncertain"—she said, "Give it to me, and I will put it underneath the counter"—I said, "There is ten pieces," and counted ten pieces out to her—Thoroughgood asked her if she had got sixpenny worth of halfpence—she said, "No"—it was about half-past six or a little less—I borrowed a penny of her, and after that we left the shop—we left the lead there—we went back in about three-quarters of an hour and found Mrs. Smith in the shop—I said, "Has your husband come home yet?"—she said, "No; leave it till next morning; you can come as early as you like"—we agreed that we should all meet at eight o'clock next morning—then we all went out of the shop—I went by myself next morning—I found Mrs. Smith there—I said, "Is your husband at home?"—she said, "No; he has gone to do a little job; he is obliged to go to a job when he is wanted"—I stopped about there a little while—at last she said, "My husband is locked up, and the lead is at the station-house"—about ten minutes after that I was taken in custody and placed in the dock with the other boys—when Noe was brought in Pluckrose said, "He will buy anything of us if we don't crack the crib"—that means let out when we took anything—Noe said it was false—during all the time that we went to Martha Street we did not see Noe there—I took 3s. 6d. worth of copper about four days before this and heard Noe say then, "I will buy anything of you if you don't crack the crib"—I was out dusting, and a copper coalscuttle was given us up at Clapham; that is how I got that copper—when I took the copper Noe had a book—I am fifteen years old—I have known the other three boys about five years—I have never been convicted.
went with Harmer to a house in Tower Street and saw the lead produced here to-day compared—it exactly corresponded, the nail-holes and everything else—the house has been vacant about two months—the material of the house was vanishing away gradually: locks and keys, waterpipe, and so on have been taken out.
Note. This is the first time I have ever been in this place, and I am sure it will be the last. I have had the shop about eight months.
SMITH— GUILTY . NOE— GUILTY .— Confined Eighteen Months . BARKER, PLUCKROSE, and THOROUGHGOOD.— Two Years, in Feltham Reformatory .
MR. LANGFORD conducted the Prosecution, and MR. GRAY the Defence.
EDMUND COOK . I live at 123, Pentonville Road, and am a solicitor's clerk—about a quarter to twelve on Thursday night, 22nd November, I was at the corner of Farringdon Road with Charles Webb and another young man—I took off my coat and laid it upon some railings first and then upon the stones—the others did the same—we then all began to leap over a railing by the side of the road—that was about two yards from the coat—I saw the prisoner standing about for about ten minutes, and I removed the coat inside on the stones—then he went away—we jumped for some little time, when I happened to turn round and saw the prisoner take my coat—he must have gone round the back way by a public-house, and come up a hole where they are building some foundations—he went down the hole again—I jumped down the hole after him and fell down, and then I called Webb, who ran down the hole safely and followed the prisoner under a lot of arches out of my sight—when he went down the hole I was on my back, but got up and saw the two running up the end by Field Lane, near a lot of courts—I described the person who took my coat to Trafford, and saw the prisoner in custody on the night of the 23rd at the Smithfield Police-station—I have no doubt about his being the man who took my coat—I have never seen it since.
Cross-examined. Q. Was it a dark night? A. Not particularly—we were first one side of the railings and then the other, jumping over them—the ground is not very level—we were jumping from the pavement to the other side—it may have been six inches higher on the other side—I think, we were jumping for about twenty minutes—I had seen the prisoner loitering about about ten minutes before the coat was stolen—I spoke to the policeman about five minutes after it was stolen—the prisoner was there about ten minutes, and I had an opportunity of looking at him—I told the policeman he had a broken nose, a short jacket, and a slouched cap—that is the only description I gave him—I knew the prisoner was at the station because the policeman came and told me—I gave him my address—I saw the prisoner at the station in the dock.
CHARLES WEBB . I live at 44, Charles Street, Bermondsey, and am a professional dancer—on the night of 22nd November, a quarter before midnight, I was with Cook and another at the corner of Farringdon Road—we took off our coats and began jumping over some railings—we laid our coats on some railings, but, seeing somebody watching them, we moved them to some flagstones—we continued jumping for about seven or eight minutes—Cook said, "There is somebody taking my coat"—I saw the prisoner come from the back of some ruins up a hole—he took Cook's
coat, and immediately ran away with it down the hole—Cook jumped after him and fell down—I jumped down the hole and ran after him—I did not overtake him—I am certain the prisoner is the man.
Cross-examined. Q. How many of you were there that night? A. Three, Cook, William Kerr, and me—the hole is a place leading up from the broken brickwork not quite finished of the foundations into the road—I saw the prisoner while we were jumping—I described him by his bent nose—I did not notice his cap; he had a cap—I saw him again going into Guildhall Police-court on the Saturday, when he was going to be examined—the hole was about four yards from the road—we were not jumping in the road, but from the pavement on to some waste ground—Cook jumped down into the hole—it was not quite dark—there were gaslights in the road—I followed the prisoner amongst some courts.
COURT. Q. Did he take more than one boat? A. No—he took the top coat.
WILLIAM HENRY TRAFFORD (City Policeman 281)I was on duty on Holborn Hill about midnight on Thursday, 22nd November—Cook described to me a person who he said had stolen his coat, and I took the prisoner the next night on Holborn Hill—I told him he would be charged with stealing a coat—he said he had lost a coat himself, and knew nothing about the coat Cook lost—nothing was found on him—his nose is rather high on the bridge—he had a fashionable jacket with pockets at the side.
Cross-examined. Q. Is that the jacket which he has on? A. Yes—I took him into custody from the description given to me, in addition to having seen him there in the Farringdon Road that night—I had seen these lads jumping over this rail, and the prisoner standing watching them, so that immediately I received the description I came to the conclusion that he must be the man—Cook described him as having a cap with a peak on, and a dark coat, and that he had a very peculiar nose—I believe I did not mention this at the police-court—I do not think that I saw him the same night was in my evidence—it is not an afterthought—I found no coat on the prisoner but the one he had on.
GUILTY .**— Confined Three Months .
MR. LILLEY conducted the Prosecution, and MR. PATER the Defence.
JOHN DUNCAN . I am potman at the Blue Anchor, Chancery Lane—on Saturday evening, 10th November, I saw the prosecutor and the prisoner there—I noticed them a few minutes before nine, and about ten, or soon after, they were grumbling at one another, but I do not know what it was, as I went out to give a light—a blow was struck, and then the landlord removed them—I stood on the threshold, and saw that the prisoner had hold of Connell with one hand, and was punching him with the other, and kicking him—I saw two or three persons carry Connell away.
COURT. Q. Was he on the ground? A. Yes—the prisoner was holding him by the collar, partly on the ground.
MR. LILLEY. Q. In what direction did the prisoner go? A. Up the court at the side of the house—Connell was taken in one direction and the prisoner went another—that would lead to the prisoner's own house.
Cross-examined. Q. Did you see a knife? A. No—if a knife had been
used I should have thought I should have seen it—no complaint was made of his having been stabbed at that time—I have known Connell and the prisoner as long as I have been in the house, eight months—Connell has always been very quiet except when he gets a little drop of drink, and then he gets a little noisy and quarrelsome—I saw Connell strike the prisoner in the mouth just before they were turned out—I heard the prisoner say to Connell, "Drink and be friendly"—Connell threw the beer in the prisoner's face—then they were turned out—there were about eight or nine persons in the house.
MR. LILLEY. Q. Did not you hear Connell complain of having his beer taken from him? No—Connell is a quiet man, what I have seen of him.
COURT. Q. What light was there? You say you must have seen if there had been anything in his hand? A. There were lights outside the door, and three in the window—I saw nothing that would have inflicted a wound in his abdomen.
WILLIAM CONNELL . I am a labourer, and live at Bream's Buildings, Chancery Lane—on Saturday night, 10th November, I was at the Blue Anchor, in Chancery Lane—I there met the prisoner—I had a quarrel with him—the cause of it was taking my beer—I had been drinking, but I recollect being turned out of the house with the prisoner—after we were turned out he laid hold of me by the left arm, and when I had got about a yard or two yards outside I felt a knife going into my groin, but I did not see it—I said, “ Fulvey, you have killed me “—I went off in a faint, and don't remember anything more—when I recovered sensibility I found myself in the hospital—the prisoner was brought there, I believe, by Inspector Brennan, and I identified him—that was the same night—I went into the hospital on the Saturday, and came out on the 22nd—it is in consequence of the wound I use a stick now—it still discharges.
Cross-examined. Q. When you were turned out, most properly, by the publican, Mr. Lodge, were you not very much the worse for drink? A. Yes—two or three of my pals were among the nine or ten men in the public-house—a man named Murphy was there, and one named Conner—I cannot recollect any more—I went to a house called Martin's, opposite, in the same lane, before I went to the Blue Anchor—Kelly and a man named Lynch was in my company there, and a chap they call Gray—I don't know whether I went with either of them to the Blue Anchor—I will not swear that they were not with me—I never saw any of them with me there—I have been told since that a man named Kelly took me home—I swear that I never said that I never felt I was stabbed on this night—I have never said anything to that effect—I have never said I was stabbed somewhere near the other side of Blackfriars Bridge to my remembrance—I remember something of what occurred in the public-house—I remember the prisoner taking my pot and emptying it—I threw the beer in his face: that was enough to make me—I was on good terms with him previous to this—I knew him—we were much the same as old pals, but I did not keep company with him—I did not quarrel with any other person, nor any other person with me, in the Blue Anchor that I am aware of at ten o'clock.
JAMES BRENNAN (Police Inspector G) About half-past ten o'clock on Saturday night, the 10th November, I took the prisoner at his lodgings, No. 3, Church Court, Chancery Lane—I told him I was going to apprehend him for stabbing a man in the hospital—he said he knew nothing about it—I took him to King's College Hospital, and placed him at the prosecutor's bedside—the house surgeon was there, the prisoner, his son,
myself, and another constable, and I think two nurses—Connell had been treated by the surgeon, and was in bed and asleep—after some difficulty we awoke him, and told him to look round to see if there was any one there he knew—he pointed to the prisoner and said, "Yes, I know that man; that is the man that stabbed me"—the prisoner said, "You know I know nothing about it"—Connell then appeared to be exhausted, fell back in the bed, and went to sleep—I took the prisoner to the station and charged him—this knife (produced) was handed to me there by 53 F—I opened it and said, "Oh! there's blood in it"—I showed it to the inspector, who was taking the charge—the prisoner's son at once said, "Oh! it's his tobacco knife; it's the knife he cuts his tobacco with"—the prisoner was shown the knife, and said it was not his—he afterwards said, "Yes, it is my knife that I cut tobacco with"—he said nothing when the charge was read over to him previous to that before the inspector—I went next morning to the hospital and obtained Connell's trousers—they have been covered with blood—the size of the knife exactly corresponds with the hole found in the trousers, I have fitted it—the hole is over the left groin—the blood appeared to be damp when I saw it: not wet.
Cross-examined. Q. When the prisoner's son said, "That is the knife he cuts tobacco with," was it then shown to the prisoner? A. Yes—the prisoner looked at it again and then said, "Yes, it is my knife I cut tobacco with"—it is a common description of knife, such as porters use in cutting food—at the hospital I asked the prosecutor in the prisoner's presence where it occurred—he said, "Somewhere near Blackfriars Bridge"
COURT. Q. Was that after he had identified the prisoner? A. Yes—the Blue Anchor is between Carey Street and Fleet Street, a quarter of a mile from Blackfriar's Bridge—it was after giving that answer that he fell back prostrate.
HENRY GRAY (Policeman 53 F) About half-past ten on Saturday night, 10th November, I was called to Bream's Buildings, where Connell lives—I there found him lying on the floor insensible and bleeding from a wound in the left groin: his trousers were covered with blood—I immediately called a cab and conveyed him to King's College Hospital—I accompanied Inspector Brennan to Church Buildings, where the prisoner was taken—I searched and found this knife, which I handed to the inspector, in a deal box, by the side of some old clothes in the left-hand corner of the box—it was damp with blood—his son said, "That is father's knife; he cuts tobacco with it"—The prisoner looked at it a second time and said afterwards that it was a knife he cut tobacco with—I compared the knife with the hole in the trousers—it corresponds.
COURT. Q. Can you tell me the name of the person who called you? A. The prosecutor's sister—I saw no one there when I got there but her.
MARY BRESNAM . I am married, and am the prosecutor's sister—I live at 14, Church Buildings—On Saturday night, 10th November, I was indoors at my own place and heard the prisoner coming round the court hallooing out my brother's name, and saying that he had hit him first—I went out to see what was the matter, and in consequence of what some one told me I went directly to my brother's lodging and found him lying in the passage—no one whatever was in the place with him, only a young lad named Adams standing outside by the wall—he did not give me any information—a person who lived in my house, named Collins, told me—I waited some minutes when I found my brother, and then gave information
to the police—the door of my brother's room was locked, and he was in the passage on the floor—my mother was out—I remained with him about ten minutes, till my mother came back and opened the door and took him in—I went to try his pockets and found blood in his pockets.
COURT to JOHN DUNCAN. Q. Do you know any one named Adams? A. No—I might' know him by sight—I know the persons who took the prosecutor up, by sight, but not by name.
JOHN BURGESS WELSH . I am one of the house surgeons at King's College Hospital—on Saturday night, 10th November, Connell was brought there about half-past ten—on removing his trousers I found he had lost a good deal of blood, and discovered a triangular wound in the left groin—I introduced my finger, but I could not feel the bottom of it—I did not use my forceps; it would have been dangerous—he was drunk—I then took him into the hospital and had him put to bed at once—the wound was dressed, and I kept him in some twelve days and then discharged him—in my judgment the wound was formed by the knife being pressed into the wound, and in drawing it out, while still in the wound, it had been twisted—it was such a wound as might have been inflicted by this knife—it was a very severe wound—I compared the knife the next day with the wound and with the hole of the trousers, and found that they exactly corresponded.
MR. PATER. Q. Is he out of danger now? A. He has been discharged from the hospital since the 22nd or 23rd November.
MR. LILLEY. Q. Is the lameness under which he is suffering the result of the wound? A. Yes, in my judgment—it was a severe wound, but not dangerous in a healthy subject.
COURT to WILLIAM CONNELL. Q. Had you been quarrelling or fighting with any one before you went to the Blue Anchor? A. No—I have never threatened the prisoner—I have never said I would "bout" him.
COURT to JOHN DUNCAN. Q. Who were turned out? A. The two men who were fighting, no one else.
GUILTY of unlawfully wounding. He received a good character.— Confined Twelve Months .
NEW COURT.—Wednesday, December 19th, 1866.
Before Mr. Recorder.
NOT GUILTY .
117. BENJAMIN GORE BOOTH (47) PLEADED GUILTY to stealing the sums of 225l., 121l. 10s. 1d., and 90l., the moneys of the Governor of the Charterhouse, his master He received a good character.—Five Years' Penal Servitude . And,
prisoner, nearly facing Bow Church, attempting the pockets of several ladies and gentlemen—he has a hole in his pocket, and works through it—after watching him twenty minutes I saw him take a silk handkerchief from a gentleman—I went after him—he threw it down and ran—I followed and took him in the Poultry—he gave his address in Dean Street—I went there, but could not find that he lived there.
PETER DILLON . I am in the service of the Aerated Bread Company—I was in Cheapside, and saw the prisoner put his hand in a gentleman's pocket and take out a silk handkerchief—he saw the officer making towards him, threw it down, and ran away—the handkerchief was picked up by some one, who got away.
GUILTY . He was further charged with a former conviction at Clerkenwell in December, 1862, to which he PLEADED GUILTY.**— Seven Years' Penal Servitude He had been convicted seventeen times .
MR. STRAIGHT conducted the Prosecution.
JOSEPH GUEDELLA . I am a broker's clerk, of 10, Clarendon Gardens, Maida Hill—on the 9th November I was in Cannon Street, opposite the railway station, and saw some bands of young fellows endeavouring to make a rush, for no conceivable motive, except to enable them to carry on their trade—I got into the rush, and allowed myself to be carried along—I saw the prisoner's hand at my scarf pin—I saw the flash of the pin, and saw his face—I collared him, and his hand, with the pin in it, went to a man at his side—he appeared to turn out his pocket also—I gave him in custody—my pin had a stone in it, and was worth 20s.
Prisoner's Defence. I do not doubt that the gentleman lost his pin, but he has made a mistake in me NOT GUILTY .
121. CHARLES RATCLIFF PLEADED GUILTY . to stealing one mare and one cart and harness of James Calver; also one gelding, one phaeton, and harness of William Jordan; also, one mare, one gig, and harness of William Sharp.
MR. DALY conducted the Prosecution.
JAMES ABBOTT . I am a job master, of the King's Arms, Shoreditch—on the 14th August the two prisoners came and hired a trap of me—Ratcliff wrote this address (produced) in my book, "Charles R. Wood, 16, King Street, Haggerston," and said, "You can send it in the morning"—I said, "No"—he said, "Then my wife and the boy shall come for it"—Tamplin came next morning with a lad, and I gave them the gig and pony, two rugs, and a whip—they hired it for the day; it was to be returned at night—on the 17th August I found the trap and pony in Smithfield for sale—I have since obtained the harness.
EDWARD STEBBING . I am a coachbuilder, of 149, Euston Road—on the 15th August the prisoners came, and Ratcliff told me he was doing an act of charity in bringing Tamplin to me to sell a pony and gig, as her husband kept a beershop at Edmonton, and was in Whitecross Street for a small debt—I asked whether he was bankrupt, as I did not care to buy bankrupt goods—he said, "No"—I looked at it, and refused it—I at length bought the pony, harness, and gig for 10l., and Ratcliff gave me a most respectable reference, who I did not go to till afterwards—I wrote a bill out, and Tamplin signed it—I insisted on having Ratcliff's address at the bottom, for fear there should be anything wrong.
WILLIAM ROBINSON (Policeman 666 A.) I took Tamplin on 14th December, at Holloway, and said I should take her to Bow Street Station, on suspicion of being the woman who hired a gig and dog cart from Mr. Abbott, of Shoreditch, and sold it in Euston Road—she said, "Good God! you do not mean that"—I said, "Yes"—she said, "If I have done anything wrong it is the prisoner Ratcliff, whom you have got in custody, made me do it."
Tamplin's Statement before the Magistrate:—"I am very sorry. The other party led me into it."
Tamplin's Defence. Those words were true that I told the policeman This man led me into it.
TAMPLIN— GUILTY .— Confined Six Month . RATCLIFF.— Five Year's penal Servitude .
MR. STRAIGHT conducted the Prosecution, and MR. PATEE the Defence.
JOHN TRAHERS . I am a carman, of 15, White's Yard, St. Luke's, in the employ of Mr. Axford—I know the prisoner by sight—on 1st December, about one o'clock midnight, I went into the Red Lion public-house, at corner of Bath Street, Old Street, with a friend, John Tibbett, who had been drinking, and was evidently drunk—I told him to take care of himself, as he was in rather queer company—I did not mean the prisoner, but the woman who was with him—the prisoner asked me if I was a policeman, or a copper's mark, which means a spy—I said that I was neither one nor the other—my friend was hustled by the two women and tried to leave, and the prisoner put his back against the door—I do not know whether the women were with him—they were talking to others as well—I asked the prisoner to let me go by, he refused and I shoved him on one side—the woman he cohabits with caught hold of me and scratched my face—I tried to get away, she made a kick at me and fell—she caught me by the jacket and pulled me down with her—she was drunk—as I fell the prisoner came behind me and stabbed me two blows—I hallooed out that I was stabbed, and he deliberately pulled the knife out and put it in his pocket—the second blow went through my clothes and a handkerchief into my hip-bone—I fell down insensible—I was taken home and Dr. Jarrow attended me—when we first went into the public-house the prisoner was exhibiting a knife four or five inches long, with a black handle, something like a Spanish knife—I was perfectly sober—the prisoner was not sober.
Cross-examined. Q. At which compartment did you enter? A. The large compartment—the prisoner and the women were in the private box, the small one—that is divided by a wooden partition—my friend said, "Do not stop here, come round to the private side"—we had the conversation
in the private box, which was overheard—we remained in the private box three or four minutes—when I entered the box where the prisoner and the women were, I did not try to force myself into his company—I did not want to fight him—he did not tell me he did not wish to have anything to say to me—I was perfectly sober—I told him I did not care for him, nor yet for his company—I went into the private box because it was my friend's wish—my friend was very drunk—it was not me who pushed the prisoner out at the door, I pushed him on one side—he was very drunk—I had been into two public-houses before the Red Lion, but only had the share of a pot of porter and the share of a pot of cooper between ten and twelve o'clock.
GEORGE WRIGHT . I am barman at the Red Lion, Old Street, St. Luke's—on 1st December Trahers came in with a friend—the prisoner spoke to him by the private entrance—he came round from the big box into the private box, and forced himself into their company—of course they told him they did not wish to have anything to do with him, they did not want him there—the prisoner said, "I do not wish to have anything to do with you"—Trahers said that he did not care for him, he would fight anybody in the room—the prisoner said, "I am only a boy to you, I cannot fight you"—the prosecutor's friend went out, and he was going to follow him, but the prisoner stood against the door—he pushed it open and they both went outside together, and I saw no more of it—I saw a woman, but she did not interfere inside—I cannot say that the prisoner was exactly sober, he was capable of taking care of himself, and the prosecutor was about the same—I saw no blow struck by the prisoner.
Cross-examined. Q. Had the prisoner been there half an hour before Trahers came in? A. Yes—there were then three or four people in the compartment where Trahers and the woman were—I saw no knife in the prisoner's possession—the persons all went out of the private part, but those in the public part kept there—the governor said, "You had better shut the door; it is just upon one o'clock"—there were men in the bar—I heard somebody, not the prisoner, say, "If you interfere with me I will let you have it"—I do not know the prisoner's voice—the prisoner stood against the door when Trahers was leaving, but not quite close—I do not know whether he endeavoured to prevent his leaving; he might ask him to stand on one side.
GEORGE EUGENE YARROW , M.R.C.S. I live at 86, Central Street, St. Luke's—on 1st December I examined Trahers—he had a punctured wound on the right buttock, an inch and a quarter deep and two inches long, and on the left side below the flank bone he had a wound half an inch deep and an inch long, and a superficial wound on the right eyebrow—they were done with a sharp cutting instrument, which had passed through his jacket and shirt, and through a pocket handkerchief—he lost a very great deal of blood.
Cross-examined. Q. Has he entirely recovered? A. He is out of danger, but walks a little lame.
HENRY TABB (Policeman 142 G) I heard cries of "Murder," and saw Trahers standing at a corner bleeding very much from the face—he told me he had been stabbed twice—I took him to the station, and fetched Mr. Yarrow—I afterwards took the prisoner at a coffee-shop, and told him I wanted him on a charge of stabbing—he said that he did not stab him, but he struck his young woman, and he gave him a blow in the face with his fist—Trahers was sober.
Cross-examined. Q. Was the prisoner in a coffee-shop? A. Yes, in bed—that is about 200 yards from the Red Lion.
GUILTY** of unlawfully wounding .— Confined Nine Months.
MR. GRAIN conducted the Prosecution.
WILLIAM NOTTAGE . I am a carman, of 6, Duncan Square, Hackney—on Sunday morning, 25th November, about one o'clock, I was in Goldsmith's Row, Hackney Road, going home—four or five persons, among whom were the prisoners, pushed up against me—I went on—they came after me, knocked me down, kicked me twice on the right jaw, and once on the right knee—they put a handkerchief in my mouth, and took away my tobacco box, a halfpenny, and a shilling—I got up, ran after them, and I took Sinsfield—they all ran away again, but he ran into a constable's arms, and I gave him in custody—Hollingsworth ran among a lot more who were standing by—this is my tobacco box (produced)—I saw Hollingsworth the same night; I had not known him before—I cannot say whether either of the prisoners kicked me, as there were so many round me.
GEORGE BAXTER . I am a shoemaker, of 8, Union Street, Goldsmith Row—I saw the prisoners knock up against Nottage; he turned round and said, "All right"—they walked after him, overtook him, and knocked him down—I saw them running away—we stopped them till Nottage came up, and caught hold of Sinsfield, who dropped a tobacco box, and got away again, but ran into a constable's arms—I saw Hollingsworth running with a handkerchief to his mouth—I stopped him, and kept him till a constable came—there were five or six persons round Nottage.
Hollingsworth. It is false about my being stopped by them—I came round Goldsmith's Row, and when I got to the chandler's shop I was detained Witness. I saw you push against him first of all—I saw you running on the other side, and said, "Here comes one of them"
JOHN ROBINSON . I am a tinplate worker, of 10, Union Place, Hackney Road—I was with Baxter, and saw five or six persons knock up against Nottage, and go on—the prisoners are two of them—he went on further, and they followed him, and when he got about eighty yards we heard him halloo—he got up in two or three minutes, and ran and hallooed, "Stop thief!"—we ran across the road, and stopped Sinsfield, who struggled with Nottage, and dropped this tobacco box—I picked it up, and gave it to a constable—as I stooped he got away, and was caught by the constable.
PERCIVAL BOWLES (Policeman 284 N) I heard a cry of "Stop thief!" ran down Goldsmith's Row, and saw Sinsfield running towards me—I stopped him, and took him back to the prosecutor, who identified him, as well as Hollingsworth.
Sinsfield's Defence. I know nothing about it.
Hollingsworth's Defence. I saw a crowd and stopped. I never ran away I am innocent.
SINSFIELD— GUILTY . He was further charged with having been before convicted, in February, 1866, to which he PLEADED GUILTY.**— Seven Years'Penal Servitude . HOLLINGSWORTH— GUILTY .— Confined Twelve Months .
MR. HORRY conducted the Prosecution, and MR. PATER defended Whybrow.
WILLIAM BLANCHET . I am a seaman, of 6, Bourne Street, Stepney—on the 30th November, about half-past four in the afternoon, I was passing Trafalgar Square, Stepney, and saw several men—Whybrow came up and struck me several times in the face, and snatched my silver Albert chain from me, for which I gave 14s. 6d.—I caught hold of him, and saw him pass it to Hyde—I caught hold of Hyde, and Whybrow struck me—I ran and caught Hyde in Trafalgar Square—I looked at Whybrow particularly, because he asked me what I was looking at—that enables me to speak to him particularly.
Cross-examined. Q. Had you seen Whybrow before? A. Yes—I had not on several occasions looked at him and interfered with him—I never spoke to him before—that is not a very busy thoroughfare—I looked round to see whether my wife had passed them, and Whybrow asked me what I was looking at—I said, "I was not looking at you," and he came up and struck me—he did not say that I was always kicking up a row with somebody—I had not been in two rows before, but the other chaps had spoken to me before, and insulted me by words several times when I was passing, they all had something to say to me—nothing was said about other altercations—I did not exchange blows with the prisoners—I put up my arms to defend myself, but he caught me near the arms with his right hand, and struck me several times with the other, and while he held my arms the other man took my chain—I wish the Jury to understand that he was holding both my arms with his right arm, and striking me with his left, and I was doing nothing—if anybody strikes me at sea I defend myself if I can.
MR. HORRY. Q. Had you seen any of these people before? A. I had seen these two before, but the one who snatched my chain I had not seen.
MARY ANN BLANCHET . I am the wife of the last witness—I was with him and our little boy, two and a half years old, when we passed the prisoners—he made no remark, but Whybrow said as he passed, "Who are you looking at?"—my husband said, "Not at you"—he then struck my husband, and used very indecent language—I saw another man snatch my husband's chain, and hand it to Hyde; Whybrow held his arms round my husband against the wall—after the chain was taken my husband caught Hyde—Whybrow said, "Leave go; he is my brother"—my husband gave him in custody—I saw Whybrow at Arbour Square next day—I am under no mistake about him.
Cross-examined. Q. When your husband was struck did he defend himself? A. No, he could not get his arms at liberty.
ELLEN FERRIS . I am the wife of Henry Ferris, of 73, White Horse Street, Mile End—I was passing and heard Whybrow say to Blanchet, who turned round to see if his wife was coming, "What are you looking at?"—he said, "I am not looking at you"—Whybrow used disgusting language, struck him in the eye, and then held both his arms, and Hyde
and another came up and took his chain—they ran a little way, and Whybrow went up and said, "That is my brother," and struck my husband again—they all ran into Trafalgar Square, and my husband gave Hyde in custody.
HENRY HUGHES (Policeman 30 K) Hyde was given into my custody—I told him he was charged with attempting to steal a watch and part of a chain—he said, "I did not take it; it was a bigger boy; if you let me go I will find the one that done it"
Cross-examined. Q. Do you know Whybrow? A. No.
WILLIAM HALTON (224 K) Blanchet gave Whybrow into my custody and charged him with assaulting him and stealing a chain; he said, "I had a fight with him that afternoon, and while I was fighting him some chap came up and robbed him of his watch; I know the chap, but do not know his name or where he lives"—he afterwards said, "If that little one who you got this afternoon has not got it, the other one has"
Hyde's statement before the Magistrate was that he never went near the prosecutor Why brow stated that he fought with the prosecutor, and while doing so some one robbed him of his chain.
Hyde's Defence. I never had the chain.
HYDE— GUILTY .— Three Years in Feltham Reformatory . WHYBROW— GUILTY .— Confined Nine Months .
MR. SLEIGH conducted the Prosecution, and MR. GOUGH the Defence.
EDWARD EDWARDS . I am a warehouseman in the employ of Humphries and Sons, of 19, Skinner Street, carpet manufacturers—on the night of the 23rd October I left the premises locked up and safe—on going there the following morning I found that the inner door had been broken open—it appeared that the warehouse had been opened by a false key—I have seen one or two pieces here today that I am certain were placed against the door the night previous—it is part of the prosecutors' property, but not the whole of what was missed—the value of the whole that was stolen was 100l., and the value of the property found is 20l.
Cross-examined. Q. Was there any breaking? A. One door was forced, which required considerable force.
WILLIAM ROWLAND (City Policeman 297)In consequence of information I went on the 30th October, with two other officers, to 9, Wharf Road, Caledonian Road—the prisoner opened the door—I asked if Mr. James was within—she said that he was not—I asked her what part of the house he lived in—she said, "Up stairs"—I said, "Are you Mr. James's wife?"—she said, "No"—I said, "What part of the house do you live in?"—she pointed to a parlour and said, "In there"—she then went into the parlour with one of the officers while I spoke to the land-lady, who said, in her hearing, that Mrs. James lived in the parlour with her husband—I then went into the parlour, told her we were officers, and should search her place—we did so, and found five rolls of carpet—there were thirteen pieces—some were under the bed on the floor, and some between the bed and the mattrass—I also found a dark lantern, a jemmy, two skeleton keys, a door key, and two chisels—I asked her how she came in possession of the property—she said she did not know, her husband might have bought it at a sale—I took her to the station—I afterwards
examined Mr. Humphries's premises, and found the door broken had three marks on it corresponding with this jemmy, which is imperfect, being broken at the corner.
Cross-examined. Q. Were you in uniform? A. No, none of us—the room was not twice the size of that dock—there was as much furniture as it would fairly hold—there was an iron bedstead—these things were on the ground, wrapped up in paper—I did not notice any shelves in the cupboard.
ANN CULLUM . I am single, and live at 9, Wharf Road, Caledonian Road—I let the house in lodgings—I let the front parlour to the prisoner in the early part of this year, January—I think a female was with her—on the night before the officers came I heard a noise like putting down a load in the prisoner's room over my head, but I was so busy at work that I did not pay attention—I said next day to her, "You had some goods or property come," and she said, "Yes, my husband was buying and selling at an auction room, and when the auction was closed he was obliged to bring home what was not sold"—after she had lived there about two months and a fortnight, a man used to come there—he lived there as far as I know up to the time the prisoner was taken—I did not see him on the day she was taken, but I heard him next morning.
NOT GUILTY .
BENJAMIN ADAMS (City Policeman) On 13th December I was on duty in Fenchurch Street, and saw the prisoner and another man following a gentleman—the prisoner put his hand in the gentleman's pocket and took out a handkerchief—I took hold of them, but in the struggle the other one got away—I took the prisoner to the station—he gave his address 3, Crown Court, Pearl Street—there is such a place—he had this handkerchief (produced) in his hand.
RICHARD COUZENS . I live at High Street, Peckham—on 13th December I was in Fenchurch Street—my attention was attracted by somebody pressing my arm—I turned round and saw a scuffle between Adams and the prisoner, and missed my handkerchief—this is it.
Prisoner's Defence. I was looking in at a window. A man took a handkerchief out of a gentleman's pocket, and they took hold of me. I tried to get away because they were strangling me. I never stole the handkerchief.
GUILTY . He was further charged with having been before convicted in March, 1865, to which he PLEADED GUILTY.**— Seven Years' Penal Servitude .
MR. LILLEY conducted the Prosecution, and MR. DALY the Defence.
EDWARD LEIGH MORGAN . I am an auctioneer's clerk, and live in Queen's Square, Aldersgate Street—on the 13th December, about a quarter to eight at night, I was at the corner of Prince's Street, Barbican—the prisoner came on me from over the way, and with his left hand caught hold of my chest, and with his right snapped my guard chain—the ring broke and he stole my watch and guard, and ran away with them in his hand—I pursued him, calling, "Stop thief," but fell down and got up again, and
when I saw him again he was in the policeman's hands—I had lost sight of him for about half a minute when I fell, but I knew him.
Cross-examined. Q. Had he a shade over his eyes? A. I noticed that his eyes were rather dark, but he came in such a deliberate way that I could hardly think of that—I did not notice that he was blind with one eye—he came deliberately against me—I had felt my watch not a minute before, because I am very cautious of it—I felt my chain with my hand—I looked at the watch as well—I did that perhaps six or seven times in ten minutes—I take a pleasure in feeling my watch—I will say that I felt it two minutes before the robbery.
MR. LILLEY. Q. As he crossed the street had you the opportunity of seeing his person? A. Yes, I have not the least doubt of him.
AMOS JAMES (City Policeman 165)I was on duty in Golden Lane, and the prisoner ran past me as fast as he could—I heard a cry of "Stop thief," and followed him—he was stopped and knocked down, but I did not lose sight of him till he was in my custody.
GUILTY . He was further charged with having been before convicted in July, 1863, to which he PLEADED GUILTY.**— Seven Years' Penal Servitude .
MR. WOOD conducted the Prosecution.
JOHN PEGG (City Policeman 446)On the 11th December, about a quarter past three in the afternoon, I was in Fleet Street, passing Punch office, and saw the prisoner's hand in a gentleman's pocket—he took nothing—he then went to Mr. Salman, put his hand in his right coat pocket, and took something out—I asked him what he had taken out of that gentleman's pocket—he said, "Nothing; you can search me"—Mr. Salman said he had lost a meerschaum pipe and case—I took the prisoner to the station, and on the way saw him slip this pipe (produced) up his sleeve—it was taken from him by Ralph.
Prisoner. There must have been a hole in the gentleman's pocket—I kicked against something on the ground, and picked up the pipe about a foot from the case Witness. I was watching you, you picked nothing up, you took it deliberately out of the gentleman's pocket, I had been watching you four days.
EDGAR SALMAN . I live at No. 6, Palace Road, Upper Norwood—on the 11th December I was in front of the Punch office—I missed my pipe, and saw it on the ground—I picked it up, put it in my pocket, and looked in at the window—I missed it again in a few minutes, and it was found up the prisoner's sleeve—I did not notice him till the officer came up, and then he was close to me.
RICHARD RALPH (City Policeman 308)I was with Pegg, and saw the prisoner attempting to pick gentlemen's pockets—he took something out of the prosecutor's pocket—I saw him feeling his pocket, and asked him if he had lost anything, he said that he had lost his pipe—the other officer took hold of the prisoner and said, "Where is that pipe?"—he said, "I have not got any"—I saw him working something up his sleeve—I put my hand up and found this pipe (produced).
Prisoner's Defence. If the pipe left his pocket the first time it may have left it the second. I kicked against the case, went to pick it up, and saw the pipe. I picked it up and the policeman took me.
GUILTY . He was further charged with having been convicted at Wandsworth, in August, 1863, to which he PLEADED GUILTY.**— Confined Eighteen Months .
MR. WOOD conducted the Prosecution.
JAMES MARSH TERRY . I am a carman, of King's Cross—the prisoner came to me and asked me for a job, and I trusted him to take a ton and a half of coals to Mr. Davis and Mr. Wirsebee, that was about eleven o'clock in the forenoon—I saw him next at seven o'clock in the evening in Clare Market—I called after him—he pretended not to hear me—I tapped him on the shoulder and asked him for the horse and van—he said that he had taken them to the Great Northern—I said, "Where?"—he said, "Webb, Harris, and Company—I asked him to go and show me where the van was—he said, "Certainly I will"—he went a little way with me and then ran—I went after him, and, being a wet night, he slipped, and a man caught him—he said he would punish me for giving him in custody—he would not tell me where the van was, but it was found in Bagnigge Wells Road, about nine o'clock at night—he did not pay me 1l. 3s., or 10s. 6d.—I was the proper person to receive it—these receipts (produced) are in his writing.
COURT. Do you act as agent? A. Yes; I receive the money and pay it over.
WILLAM MILLS (Policeman 121 F) About half-past seven on the evening in question I was in Clement's Lane, Strand, and the prosecutor gave the prisoner into my custody—I saw him fall down; he struggled very much to get away—he said nothing to the charge—Terry asked him several times where the horse and cart were, but he would not make any answer—9 1/2;d. was found on him, and a pawn ticket.
MARGARET DAVIS . I am the wife of Richard Davis, of Little New Street, Fenchurch Street—I ordered coals of Webb, Harris, and Co, whose carman Terry is—they were brought at the end of November; I paid the prisoner 1l. 3s., and he receipted this bill (produced).
FREDERICK WIRSEBEE . I am a ladies' under clothing manufacturer, of 64, Great Russell Street, Bloomsbury—I ordered half a ton of coals of Harris and Co, and on 8th November the prisoner delivered them, and I paid him 10s. 6d., he receipted this bill (produced).
Prisoner's Defence. I admit having received the money, but I had some dinner at a public-house, laid my head on the table, and went to sleep When I awoke I missed my money. I went and told my father-in-law, who tried to procure the money, but could only get 10s. I have a wife and child, and my wife is far advanced in pregnancy. They have no alternative but the workhouse.
COURT to JMTERRY. Q. Did you ask him what money he had received? A. Yes, about seven in the evening, when he was going to show me where the van was—I said, "Did either of the people pay?" he said, "Oh! no, neither of them"
Prisoner. I was never asked the question. The policeman was there all but two seconds Witness. A carman was with me, but he is not here.
GUILTY . He was further charged with having been before convicted in June, 1865, to which he PLEADED GUILTY. One of the Jurors stated that he
had employed the prisoner, who, he believed, had tried to get an honest living, and that he believed his statement to be perfectly true.— Confined Three Months .
OLD COURT.—Thursday, December 20th, 1866.
Before Mr. Recorder.
131. EDWARD BARROW (30) was indicted for stealing, whilst employed in the Post Office, a post-letter containing a half-sovereign, twelve stamps, and a card, the property of her Majesty's Post-Master General.
MR. SOLICITOR-GENERAL, with MESSRS. METCALFE and PATTESON, conducted the Prosecution, and MR. SERJEANT BALLANTINE, with MR. STRAIGHT, the Defence.
WILLIAM HENRY MULOCH . I am travelling inspector to the General Post Office—in consequence of communications made to me about the London and Ipswich line, on Saturday, 1st September, I made up a letter containing a half-sovereign put on a card, twelve penny postage stamps, and a written note—I put them in an envelope addressed to Mrs. Watnoughby, Scole Inn, Scole—before putting the half-sovereign in I carefully marked it, and also the stamps—after fastening up the letter I handed it to Mr. Monro, of the head office, London, with directions to despatch it by the bag to Ipswich—the Ipswich mail train starts from London at half-past eight, and arrives at Ipswich at half-past eleven—the prisoner is a sorting clerk on the railway, and travels on the line between London and Ipswich, sorting the letters in the van as he goes, and he returns to London two or three hours afterwards—he went by the Ipswich mail at half-past eight that night—he was the person to sort the letters on that journey; he would sort the letters for the Scole and Stowmarketdistrict—he would return by the half-past one mail which arrives in London about five—I was at the Ipswich Post-office when the mail cart came in that night, about half-past eleven—the Scole bag was opened in my presence, and the seal broken—it was properly tied and sealed with the proper official seal—I carefully examined its contents, and could not find the letter addressed to Mrs. Watnoughby—I am positive it was not there—I very carefully examined for that purpose; that was the only bag in which such a letter ought to have been placed—I left for Shoreditch by the mail train, and arrived there about half-past five—before I left Ipswich I saw the prisoner coming out of the railway hotel opposite the station, about ten minutes before the train started, about a quarter past one in the morning—I saw him when we got to London in the sorting carriage, immediately after the arrival of the train—I went back by the same train—I said to him, "You know me, Mr. Barrow; I have come to inquire about a missing letter; did you sort the Scole and Stowmarket letters that arrived in the London bag last night?"—he said, "I did"—I said, "Did you sort them all yourself?"—he said, "I did it all myself; Mr. Leal tied up a few bundles, but he did no sorting"—(Mr. Leal is a clerk in the Post Office; he had no duty that night, I think)—I said, "Did you make up the Scole and Stowmarket bag?"—he said, "I did"—I asked where he went to the previous night when he got to Ipswich—he said he went to the hotel opposite the station—I said, "Did you go anywhere else?"—he said, "No"—I asked what money he had—he said,
"About 2l."—he was searched by Crocker, a constable, who found on him a sovereign, a half-sovereign, and I think 8s. 6d. in silver—I said, "What money did you change this morning at the hotel?"—he said, "A sovereign"—I said, "Are you quite sure?"—he said, "Yes"—I said, "Did you not change a half-sovereign there?"—he said, "No, I did not"—I then directed him to attend at the chief office the following morning—I sent Crocker down to Ipswich, and upon his return, and on receiving his report, I saw the prisoner at the Post Office on Monday, 3rd September, about midday—I said to him, "You told me yesterday morning that it was a sovereign you changed at the hotel; the barmaid states it was a half-sovereign that she got from you?"—he said, "I am sure it was a sovereign"—I said, "The half-sovereign that I enclosed in the letter that is missing has been found at the hotel at Ipswich, opposite the station, where you were on Saturday night"—he said he knew it was a sovereign he had changed—I then gave him into custody—this (produced) is the half-sovereign that I put into the letter.
Cross-examined. Q. What is the prisoner's position in the Post Office? A. Travelling clerk in the Railway Post Office—I believe his salary is 180l. or 190l. a year—I know that he was promoted lately—there are various modes of promotion in the Post Office, for good conduct or by rotation; it is not always by seniority—I am travelling inspector attached to the missing letter branch—it was part of my duty to examine the prisoner as I did—I asked him where he went to at Ipswich—I knew, for I had seen him come from the hotel, I did not know whether he had been anywhere else—it was about half-past eleven when I found that the letter was missing—after that I waited at Ipswich till the train started—I walked about for an hour—I did not go anywhere—I was not watching—Crocker was with me; I walked about till about one o'clock—I was waiting about the station for the train to start when I saw the prisoner come out of the Railway Hotel—I could command a view of it from where I was waiting, that was partly my object—I had not kept the hotel always in sight—I had not seen the prisoner go in—he had not been watched away from the train that I am aware of—I did not go into the hotel at once and see what money he had given, because I did not know then that he had changed any money there; one reason was there was no time, if I had gone I should have lost the train—I did not leave the constable to go, I thought it better to take him with me for my assistance, in case I should find the marked money on the prisoner—it is not so easy to find a constable in London at that time in the morning, I should have had a difficulty in finding one to do what I required of him, he would have required a long explanation before he would have acted for me—of my own knowledge I do not know who went down in the sorting carriage besides the prisoner, but I believe Gurr, the sorter, and Mr. Leal—Mr. Leal was not searched, no suspicion whatever attached to him, he is a man whose character is above suspicion—I believe he got out at Forest Gate—he had been in the carriage down while the letters were being sorted—I believe he was at the Railway Hotel part of the time he was at Ipswich—I have not taken any steps to ascertain what became of a gentleman who slept at the Railway Hotel that night—the prisoner was originally committed for trial, and then the charge was withdrawn.
MR. SOLICITOR-GENERAL. Q. Was some further information afterwards obtained? A. Yes, and the charge was renewed—it was not any part of Mr. Leal's duty to sort the letters—Gurr had nothing to do with sorting
the Scole letters—Gurr came up to town—Crocker is a Post Office constable—it is part of his duty to attend me when I travel for the purpose of detecting any offence—he and four others do so.
THOMAS MONRO . I am a clerk in the circulation department of the General Post Office—On Saturday, the 1st September, I received a letter from Mr. Muloch addressed to Mrs. Watnoughby, Scole Inn, Scole—I put it into the Ipswich district sorting carriage bag, which was taken out of the office, placed in the mailcart, and taken to the station, it was tied andsealed.
Cross-examined. Q. Was this on a Saturday night? A. Yes.
RICHARD ROGERS . I am a messenger in the General Post Office—I received the mail-bags from the sorting carriage at the General Post Office at eleven o'clock on the evening of the 1st September—I accompanied them to the Shoreditch Station—they were there duly delivered into the Ipswich sorting carriage, and were checked off by the prisoner—Gurr received them, and the prisoner checked them off on the sheet—they were in good condition, properly tied and sealed as I received them—on all occasions when I arrive at the station I hand him a way-bill and a printed list; I did so on that occasion.
GIDEON CROCKER . I am a police constable attached to the Post Office—I went with Mr. Muloch on Saturday, the 1st September, to Ipswich—I was there when the mail-train came from London, in the neighbourhood of the Post Office—I met Mr. Muloch by appointment after he came from the Post Office—I was with him up to within three minutes of the up-train starting—I came back by the same mail train—I was present with Mr. Muloch when he had some conversation with the prisoner on his return to town—I have heard Mr. Moloch's statement as to what took place, it is correct—by Mr. Muloch's instructions I went down to Ipswich on Sunday morning—I reached Ipswich about eleven o'clock and went at once to the Railway Hotel and made inquiries—Mr. Muloch had informed me as to the marks on the money before I left—a half-sovereign was produced to me by Mrs. Fisk—I did not see where it was taken from—another half-sovereign was produced at the same time—I examined them and found one marked and dated as Mr. Muloch had described—I took possession of it, after Mrs. Fisk had marked it, and returned to town—before returning I received some information from Mrs. Bird, Mrs. Fisk's sister—I repeated accurately to Mr. Muloch the information I had received.
Cross-examined. Q. Did many persons go down by the mail train on Saturday night? A. I could not say—I did not go by the mail train.
JONATHAN GURR . I am a sorter in the travelling post-office between London and Ipswich—on Saturday, the 18th September, I went down in the sorting carriage—I received the bags into the sorting carriage from the messenger—the prisoner was there, he checked off the bags as they came in—it was his duty to open the bags and sort the letters for the Scole and Stowmarket district—I saw him open the bag that night—he sorted the letters for the Scole district, and made up the bag and put it into the Scole sack—I tied the bag and sack—I had nothing to do with sorting the letters or putting them into the bag, the prisoner did that himself—on getting to Ipswich, about 1130, I gave out the Scole sack among others, and went with it till it was put on the cart—I saw it taken by the cart to the post-office—it was not interfered with after I had tied it—after that I went to the Railway Hotel—Mr. Leal went down with us in the same carriage, and he went with
me to the Railway Hotel—I believe the prisoner went to the hotel slightly in advance of us, and I and Mr. Leal followed—I afterwards returned to town by the up mail—I was sent down to Ipswich the day after—nobody but the prisoner, Mr. Leal, and myself travelled in the carriage—as soon as the bags are taken out from the sorting carriage it is locked up until it goes up again.
Cross-examined. Q. Who has charge of the carriage when it is at the station? A. It is locked up—Mr. Leal kept the key that night—the Railway Company have no access to the carriage—when the train arrives at the station the sacks are placed on the platform under the desk, through a sliding door, not dragged across—they have to be dragged out of the hole on the floor under the desk—the railway porters help—I have never known letters escape from the bag, and be dragged on to the platform—I have heard of such a thing, but not in my own experience—I have known of letters being left behind in the carriage—the prisoner would have about 3000 letters to sort—we began sorting that night the moment we started from London—Mr. Leal is a person in high position in the Post Office—he did not help in the sorting, nor did I—I was sorting papers close by the prisoner—I did not observe him secrete any letter, or do any act that was at all unusual—the prisoner, Mr. Leal, and I, all entered the Railway Hotel much about the same time—the prisoner went just in advance of us—the hotel is frequented by the Post Office and railway people—there is no other hotel close to the station open at that time of night—there are others open where you might go and get refreshments—I went into the parlour, the same place as the prisoner did—I remained there till about ten minutes past one, till the mail-cart was due—the prisoner remained there the whole of that time—I believe he had three glasses of brandy and water—I did not see him pay for them—I left him there—nobody remained behind with him—I believe there were two persons there while we were there—they were taking refreshments—I did not see whether they paid anything—I do not know that two persons slept there that night.
MR. SOLICITOR-GENERAL. Q. There is a sorting-desk in the van I believe? A. Yes—there is a trap-door in the side of the van, through which the bags are taken out—they are taken out by a porter, and placed on the barrow—I have seen a letter on the floor of the carriage, but Inever saw one on the platform—upon an average there are about 3000 letters to sort—there was no interval between the time of sorting and the arrival of the train at Ipswich—we were sorting the whole time—the bags were tied and secured by the time we got to Ipswich—I am sure the bags were tied and secured, and the Scole bag put in the sack with others—the Railway Hotel is near the station, just across the road—the mail-cart is due about ten minutes past one—it is my duty to attend the mail-cart, and get the letters into the travelling carriage—I left for that purpose—I found Mr. Leal in the carriage when I got there—he had preceded me.
JOSIAH LEAL . I am one of the senior clerks in the General Post Office—I have been employed in the Post Office twenty-two years—on Saturday, the 1st September, I travelled from Forest Gate to Ipswich in the sorting carriage with the prisoner and Gurr—I had nothing to do with the letters arriving from the chief office—when we got to Ipswich I locked the carriage door, and took charge of the key—that was the last thing I did before going to the hotel—I think I walked there opposite Gurr—I think the prisoner had gone just before me—I had some refreshment there—I paid, I think, a florin—I paid for Gurr as well as for myself—I did
not change a half-sovereign—I left before the prisoner, and went direct to the mail carriage alone—I unlocked the carriage—I kept the key in my possession the whole time, from the time I left till I went back—the next person that came to the carriage was Gurr, and afterwards the prisoner—we then travelled back to London.
Cross-examined. Q. I suppose it is not the ordinary railway carriage key that you lock the door with? A. No, it is one of Chubb's locks, a good lock—no one had a duplicate key—I would not be quite sure on that point, at that time, I had a duplicate key myself, but, as a precaution, I never took it with me—I only used the mail office key, so that there was only one key out—mine was at home—there was no duplicate key at Ipswich to my knowledge—there was one at my home at that time, but since that period the locks have been altered, and I have not a duplicate key now.
COURT. Q. Is there the same lock for each mail carriage? A. That I can't say, I only know as regards the Ipswich line—the alteration of the locks was on account of a key being lost—the lock was all safe when I came back to the carriage, and I opened it myself—no railway official at Ipswich had any key so as to get access to the carriage.
MARY FISK . I keep the Railway Hotel at Ipswich—on Saturday night, the 1st September, I went to bed about nine o'clock, leaving the house in charge of my sister and daughter—I did not interfere with the till before going to bed—next morning I remember Crocker making some inquiries, in consequence of which I searched the till that I always put the money in—I have more than one till—this was what I call the private till—I found in it two half-sovereigns and a sovereign—he identified one, and said he would take it and give me another for it—I put a mark on it.
ELIZA BIRD . I am sister of Mrs. Fisk—on Saturday night, the 1st September, when she went to bed, I took charge of the house, assisted by Mrs. Porter—I know the prisoner—I have seen him before—I remember his coming to the house that evening—he had some brandy and water—when he was going away he paid me—I do not know how he paid me—I know that it was gold—I remember giving him change—I put the money he gave me in the regular till—when I went to bed the money was there—I remember Crocker coming the next morning—I saw the money produced by my sister—I had not put it in the private till—I made a statement to Crocker as to what had occurred the night before—I do not know whether I took any other gold that evening, I do not remember—I took a half-sovereign next morning from a gentleman who stayed at the hotel all night—he left that morning—I put that same half-sovereign in the same till—I received it about ten minutes before eight in the mornin.
Cross-examined. Q. I may take it, may I not, that you cannot say whether it was a sovereign or half-sovereign you received from the prisoner? A. No, I do not know which it was—I did not say I rather believed it was a sovereign—I said I did not know—I do not remember what there was in the till at the time—I had to take 1s. 6d. from him for three tumblers of brandy and water—that was all he had—I do not remember whether I gave him gold in return—Mrs. Porter is my niece—I do not know whether any inquiries were made of her at the same time as they were made of me—I do not know who the gentleman was who went away in the morning—I do not know that I had ever seen him before—I have never seen him since—he came by the mail train—whether I received the half-sovereign in question from him or not I cannot say—he had a
small carpet bag with him—I do not know what class of person he was—I did not take that notice of him—he paid for bed and breakfast—I received 3s. 6d. or 3s. 7d. out of the half-sovereign—he had no supper the night before, only some lemonade and brandy I think.
MATILDA. PORTER . I am the daughter of Mrs. Fisk, and live at the Railway Hotel—I cannot say at what time I went to bed on Saturday night—it was directly the mail train came in—I did not come down again after that—I did not see the prisoner there before I left—Mrs. Bird was the first down next morning—I was down about a quarter to eight—I had occasion to go to the till about that time to get change for some one who came in—it was a stranger—I do not remember what he wanted—I do not remember what change I gave him or what it was for—when I went to the till to get it there was a quantity of silver, and I took a pound's worth out and two half-sovereigns as well—that was all the gold—I took it out and put it in the other till (the private till)—I locked it—I am quite sure at the time I removed the money from the till to the private till there were only the two half-sovereigns there—after that I gave change for a sovereign that was in there with the two half-sovereigns; that was when I took the pound's worth in silver out of the private till—I do not know who it was who came in for change—he had some refreshment—it was by the eight o'clock train—he gave the sovereign, and I gave him change for it out of the private till—I put the sovereign in the same till—the two half-sovereigns were there at the time I put the sovereign in—there was no sovereign there except the one I put in.
Cross-examined. Q. When did yon mention to anybody this account of the change you had given? A. I think I mentioned it to Mr. Leal, it might be a week after—I forget exactly—I think I mentioned it to my mother and Mrs. Bird after they had been up here the first or second time—I forget which—I remember saying it could not have been a sovereign, because I changed a sovereign that morning—I concluded that it could not have been a sovereign that the prisoner gave, because I had given change for the only sovereign that was in the till—I do not know anything about the gentleman who went away in the morning—I did not see him.
MR. SOLICITOR-GENERAL. Q. When inquiries were first instituted I believe you were not ordered to come up to town? A. No—my mother and my aunt came, that was all—my evidence was not taken on that occasion—it was after knowing what evidence they had given that I said it could not have been a sovereign, as I had changed the sovereign myself.
MR. SOLICITOR-GENERAL. proposing to reply, MR. SERJEANT BALLANTINE objected, and contended that the right was confined to the Attorney-General in person The RECORDER overruled the objection: the right had been repeatedly admitted, and no distinction drawn between the Attorney and Solicitor-General (see Reg v. Toakley, Vol 64 Sessions Paper, page 612).
NOT GUILTY .
NEW COURT.—Thursday, December 20th, 1866.
Before Mr. Common Serjeant.
MR. COLLINS conducted the Prosecution.
Ludgate Hill—I live on the premises—Messrs Coode and Co, solicitors, have offices on the first and second floors—on the 20th November, about half-past nine at night, the bell rang, and I went down to the door—the prisoner put a parcel in my hand, and said there was 2s. 6d. to pay—it was tied up in this paper, with a railway ticket twisted under the string—I took it to Mr. Cullis, Mr. Coode's clerk, on the second floor—I gave it to him and saw him open it—from something he said to me, I came down again and said to the prisoner, "Where is your book?"—he said that his mate had got the book, and was minding the horse and cart at the corner of Farringdon Street—I asked him to come in to see Mr. Cullis—he said that he would not come in, as he wanted to keep his eye on the horse and cart—Mr. Cullis then came down and entered into conversation with him—the prisoner said he would go and see whether his mate was coming home with the horse and cart—he walked away rather briskly in the direction of Fleet Street—I followed him as far as the Belle Sauvage Yard—he turned round and saw I was following him, and commenced running—I ran and caught him, and brought him back to 62, Ludgate Hillwhen Mr. Cullis gave him into custody.
WILLIAM CULLIS . I am managing clerk to Messrs Coode and Co—on this night the last witness brought me up a parcel tied up very carefully with a piece of twine, and this railway ticket (produced) twisted round the twine, professing to come from Dublin—it was too heavy for a solicitor to receive, and I thought it was not papers or deeds, opened it, and found a lot of waste paper and butter paper wrapped round this brick—I told Jobbins to go down and detain the messenger till I went down—I went down and said to him, "Did you bring this parcel?"—he said, "Yes"—I said, "What is the charge?"—he said, "Half a crown, Sir,"—I said, "I suppose you will want the book signed"—he said, "Yes, Sir, but my mate has got it round the corner in a cart; he will be up in a minute or two"—I asked him if he was in the company's employ—he said, "Yes, Sir"—he then began to rub his hands and dance about, and remarked that it was a very cold night—he then said that he would go and see for his mate, and walked down Ludgate Hill towards Farringdon Street—I said to Jobbins, "He means to be off; you had better follow him"—Jobbins walked slowly after him, and he was brought back.
FREDERICK HALL (City Policeman 448)On the 20th November the prisoner was given into my custody—I took him to the station, searched him, and found on him 4d. and three duplicates—he gave his mother's address, which was correct, but the second address he gave was false—he said a man named Taylor, in the employ of the North Western Railway, gave it to him to deliver—I afterwards saw him confronted with Taylor—he said he did not know his Christian name, and that he was not the Taylor he had it from—he is the only Taylor in the company's employ.
WILLIAM TAYLOR . I am porter at the Euston Square station of the London and North Western Railway—I do not know the prisoner—I never gave him a parcel to deliver—the railway officials keep the blank tickets in the passengers' department—several tickets lay on the counter in front of the door where persons bring the parcels—a person bringing a parcel could obtain a ticket if he were so inclined—I do not know any other person in the company's employ named Taylor—I do not know the prisoner to be in their service.
Prisoner's Defence. It was given to me by a party named Taylor.
GUILTY .— Confined Six Months .
MR. METCALFE conducted the Prosecution, and MESSRS. LEWIS and PATTERSON the Defence.
WILLIAM HENRY MULOCH . I am travelling inspector of the missing letter department—the prisoner was a letter carrier in the northern district office, but I do not know for how long—there has been a very large number of letters lost in that district lately—I made up a letter containing a marked half-sovereign and 58 marked penny postage stamps, and addressed it Mrs. Delaney, 2, Norfolk Square, New North Road, London—I addressed it so that it would not go into his district—I securely fastened it and posted it at the northern district letter-box at a little before six in the evening of Monday, 10th December—it should be delivered about half-past seven the same evening—next morning I went to the northern district office a little before nine—I saw the prisoner there and told him I was an inspector of the head office, and wished to inquire about a letter that was missing—I asked him if he recollected having a letter for 2, Norfolk Square, last evening—he said, "No, I had so many misssorts I cannot recollect any particular one"—I said, "What would you have done with such, a letter if it came into your hands?"—he said, "I should have sorted it to the blind table or given it to the man on the Rotherfield walk"—I asked him if he had taken any letters back that morning that he could not deliver the previous evening—he said no, he had not brought any letters back that morning—he was then searched by Bingham in my presence, and nothing was found on him—after that Bingham and the inspector of the northern district office left, and returned in about half or three-quarters of an hour—Bingham brought back an old uniform coat, which he said he found behind a door at the prisoner's house, and had found these stamps (produced) in it—he did not say then where the house was—the prisoner at once said, "I know nothing about these stamps, some one must have put them there"—I asked him if it was his coat—he said it was—I identified the stamps, and said, "These are the stamps that I placed in the letter that is missing"—he said, "I know nothing about them"—these are the stamps, they have my mark on them—I gave the prisoner in custody.
Cross-examined. Q. Was this letter in the prisoner's district? A. I understand not—persons can send money in letters without being registered if they please, but we strongly recommend them not to put coin in letters—it was an old coat, with the number cut out of the collar—I should say it was not in use, from its state—I do not know that the prisoner has been twenty-one years in the service.
GEORGE ADOLPHUS HYLAND . I am inspector of letter carriers at the northern district post-office—a communication was made to me, and about six o'clock on 10th December I went to the letter-box there, and found a letter addressed to Mrs. Delaney, No. 2, Norfolk Square—I placed the letters for sorting, and placed the letter for Mrs. Delaney among those to be sorted by the prisoner—I am quite sure this letter was among those I placed before him to sort—while he was arranging his letters I was close behind him—I saw the letter addressed Mrs. Delaney in his left hand, and another in his right hand, which he placed with the one in question on his left side on the table—he left the office about ten minutes past six for his delivery—I did not see that letter after he left—it was not in his district—when he found that the letter was not in his district his first duty would be to
deposit it in the coin letter-box, in order to compel registration—he certainly ought not to have taken it with him, it ought to have been sorted to the other carrier, McIlwin—it was not amongst McIlwin's letters—I made a report of what had taken place—I examined the registration box, and searched all likely places, but could not find it—it was not the prisoner's duty to return that day, he returned the following morning about 630—subsequently, while Mr. Muloch was in conversation with the prisoner, I went with the officer to the prisoner's lodgings, 42, Foster Street, Hoxton—I saw the officer find an old uniform coat—it was hanging just by the door, at the foot of the stairs leading to the back kitchen—in that we found a small packet, which was afterwards shown to Mr. Muloch, containing postage stamps, enclosed in a piece of newspaper—Mr. Muloch identified them as being marked by him.
Cross-examined. Q. Has the prisoner been twenty-one years in the Post Office? A. I cannot speak to the exact date—from my own knowledge I can speak from 1855—I cannot say whether he was entitled to a pension some years ago—after a man has been ten years in the service of the Post Office he is entitled to a pension of one-sixtieth for every year's service—the coat was found close to the back kitchen door—any persons passing upand down would have access to it—it was in his apartments—I cannot say that persons going in to fetch coals or water would have access to it—I know that he rents the house—I did not ascertain whether there were lodgers in the house—I did not make inquiries whether people went down to fetch water or coals—it was no part of my duty.
HENRY BINGHAM . I am a police constable attached to the Post Office—I went with Mr. Hyland to the prisoner's lodgings on the morning of the 11th, and found this coat hanging up close to the back kitchen door, on a peg, against the prisoner's official cape—there were two or three pegs there—it was just outside the door—I found these stamps in the inside coat pocket, and took them and the coat back to Mr. Muloch, at the northern district office, and gave the stamps to him—the prisoner was there—I produced the coat and the stamps, and the prisoner said he knew nothing about the stamps, but the coat was his—I said where I found it—I found 7s. 4d. in silver on him.
Cross-examined. Q. Is this house in which he lives a house where other people live also? A. There is one lodger there—there is only the son upstairs—there are not two families besides the prisoner's family—I have learnt, that downstairs where the coat was found, is occupied by the prisoner and family—the coat was found outside the room where they live—there is nobody here from the house that I am aware of.
MR. METCALFE. Q. Were the two rooms occupied? A. Yes, the back kitchen, where the coat was found, is also occupied by the prisoner—they make it a sort of sitting-room—it is the basement—anybody coming down would have to go through the prisoner's sitting-room to the area—I did not have to go through the kitchen in order to get there—that is a living room—the lodgers would have to go through there to set to the area, as the front kitchen occupies the whole front—I got his Keys from him, unlocked several drawers there, and found letters addressed to him.
Cross-examined. Q. Are you the only servant there? A. I keep the house—I recollect the night in question—I was at home—inquiries were made last Tuesday week as to whether the letter had been delivered.
MR. METCALFE. Q. Is there any such person as Delaney living there? A. No.
GUILTY . Strongly recommended to mercy by the Jury, on account of his long service.—Five Years' Penal Servitude .
Before Mr. Recorder.
134. HENRY BUCKLE (37) was indicted for stealing a quantity of elastic ribbon of the Great Eastern Railway Company, to which he PLEADED GUILTY . He also PLEADED GUILTY to nine other indictments for like offences. And CAROLINE BUCKLE (37) , Feloniously receiving the same.
No evidence was offered against Caroline Buckle NOT GUILTY .
The judgment upon Henry Buckle was respited till the next sessions.
Before Mr. Recorder.
MR. STRAIGHT conducted the Prosecution.
CHRISTOPHER DAVID KENT . I am a watchmaker, at No. 1, Commercial Terrace, Park Road, Forest Hill—about half-past five o'clock on Friday morning, the 16th November, I was called up by two labouring men—I found a circular hole cut in the shutters, two of which had been removed, and the window broken—there were some blood stains on the window—the shutters had been fastened up securely when I, retired to rest—I lost from the window two silver caddy spoons, a silver pickle fork, a dessert spoon, about a dozen plated spoons, nine silver chains, two bracelets, two trays, and two pairs of earrings, and I think other articles, worth 7l. or 8l. altogether—these produced are them—they are doubled up, broken, and scratched, evidently to sell as old silver—they were shown to me by the officer on the following Tuesday.
SAMUEL SHEARING . I am a watchmaker at Croydon—on Saturday, the 17th November, about four o'clock, the prisoner came to my shop and asked if I bought old silver—I said yes—he produced a handkerchief containing some spoons and other things—I asked where he got them from—he said he found them at Wallingham—I asked if any one was with him—he said his mate, that he had a waggon, and he threw them on the top of the waggon, and brought them to Croydon, and thought he would sell them—I told him he had better go with me to the station, and put them in the hands of the police, and no doubt they would find an owner for them—he said, "Very well"—he went with me—I took the property—I did not see the earrings and scissors—he was detained at the station.
EDWARD WINKS (Policeman W 261)On the 17th November I was on duty at the police-station at Croydon—the prisoner came there with the last witness, who produced the property—the prisoner said he had found it that day on this side the Leather Bottle, at Wallingham—he said he was
by himself—he afterwards said he was with a waggon and team, and that his mate saw him pick them up—he said his mate's name was Miles, and he lived at Wallingham—I searched the prisoner, and in his trousers pocket found this pair of scissors and two pairs of earrings—he said the scissors he found among the other articles, but the earrings he bought of a cheap Jack for 4s. 6d.
JOHN THOMAS FOX (Police Sergeant P 8)About half-past six on the morning of the 16th November I was called to the prosecutor's shop—I found two of the shutters had been cut away with a knife, taken down, and the plate-glass window smashed by some hard substance—I noticed marks of blood on the glass and also some drops of blood inside the window—the hole in the window was large enough to put your head in—on Saturday, the 24th, I saw the prisoner in custody at Croydon—I looked at his hands, and on one of the knuckles of his right hand I found a cut—I asked how he came by it, he said he did it a fortnight previously eating his dinner—on the way to Sydenham he said, "As to the earrings, I bought those three weeks ago of a cheap Jack at Wallingham"
The Prisoner's Statement before the Magistrate:—"I picked the things up coming along the road crossing Wallingham Common, and I took them to the jeweller's shop and asked him if he would buy them, or what I had better do with them. He said I had better take them to the police-station. I did so, and he went with me. The earrings I bought of a cheap Jack, 4s. 6d. for the two pairs, on the 27th or 28th October"
MR. KENT (re-examined) I can swear to the earrings, on account of their peculiar shape and the scratches on them—they were old stock—I am quite sure I had not sold them—they were quite safe the night before—they are a better class of earring than a cheap Jack would sell; they are the very best of the sort—they were marked 4s. 6d.—7s. 6d. was the quality, but they had got a little deteriorated—they were the only ones I had of that pattern GUILTY .— Confined Eight Months .
MR. STRAIGHT conducted the Prosecution.
FRANCIS PAYNE . I am a baker, of 2, Deptford Bridge—on Saturday, 17th December, about 12 o'clock, I met the prisoner in High Street, Deptford—I went with her to 8, Stanhope Street—we went to bed, and when I got up at seven in the morning she was not there—I missed 2l. 5s. in silver, wrapped up in a handkerchief, from my trousers, which were under my pillow—I saw her at 3, Red Lion Market, that morning and gave her in custody—I saw her give this handkerchief (produced) and 22s. to the constable—it is mine—my money was mostly in two-shilling pieces.
Prisoner Q. You said at the station that the money was in the pocket, and the handkerchief on the carpet? A. No—I tied it up as I left my fellow-servant, and kept 4s. separate.
JOHN HARPER . I am a baker, of 2, Deptford Bridge—I was with Payne and saw him join the prisoner—he was sober—I saw his money two minutes before, he pulled it out to pay for two glasses of gin and water, and then rolled it in his handkerchief and put it in his pocket in the public-house—I went with him next morning, when he gave the prisoner in custody.
it—I took her to the station—she gave me 22s. at the police-court, in this purse, and at the station she gave me this handkerchief and said that she picked it up in the room, but the money was her own.
Prisoner's Defence. The money was mine, and the handkerchief I picked up GUILTY .— Confined Three Months .
Before Mr. Common Serjeant.
137. WILLIAM HENRY BRADLEY (25) PLEADED GUILTY to embezzling the sum of 3l. 3s., 18s. 8d., and 5l. 6s., of James Drury and another, his masters He received a good character and was recommended to mercy by the Prosecutors.— Confined Six Months .
Before Mr. Justice Mellor.
MR. DALY conducted the Prosecution.
ELIZABETH STEVENSON . I am the wife of Henry Stevenson, of 1, Young's Buildings, Angel Court, Borough—I knew the deceased, Margaret Burke, by coming to see her brother-in-law, who lived in my front room, upstairs—on a Saturday evening in July, about half-past eight, I and the prisoner came up to my door together, just as the deceased did—she called her brother-in-law, who said to her, "You have got a little drop to drink; you had best come home along with me," and he took her up Angel Court—he came back in a very few minutes, and she came back some minutes after—I saw her in the passage on her knees, bleeding at the back of the ear—there was no one else there then—I had not seen anybody strike her—she was taken to a doctor's—some days after that I saw the prisoner near London Bridge—she tapped me on the shoulder, and said, "I was at your place this morning; how is my aunt, that I struck?" (the deceased was her mother's brother's wife)—she said she struck her with a stone, and the stone I had found in my passage was the one she did it with—I said I had heard she was better—she said, "Well, she gave me my blood to drink the week before, and I only gave her hers in return"—this (produced) is the stone I found in my passage—there was some blood on it when I picked it up next morning.
Prisoner. She has a spite against me because her husband took a base advantage of me when I was in liquor, and I am now pregnant by him.
Witness. I don't know anything about that—I owe her no animosity.
DENIS BURKE . I am a bricklayer's labourer, and live at 1, Young's Buildings—the deceased was my sister-in-law—she came to my place on a Saturday night, between seven and eight—she was not quite sober—I took her to the corner of Angel Court and came back to my own place, and in about a quarter of an hour Mrs. Stevenson told me she was bleeding at the door—I ran down and found her lying on Mrs. Stevenson's doorway with one hand on the step of the door and the other on her head, which was bleeding—I took her up and took her to the doctor and then to the hospital, and then took her home—she was able to walk—I saw no more of her till the week she died.
MARY ANN HOLLAND . I am the wife of Mr. Holland, of George Street, Kent Street—the deceased lived in my house—she was at home till after six on this Saturday night—she went out about seven—I saw her again between eight and nine—her head was then bleeding dreadfully—she went to the hospital and had her head dressed, and then the parish doctor attended her—she died in the workhouse about ten days after—the prisoner was in the habit of coming to see her, and a week before this they had a row and a fight.
ROBERT ANDREW BOLT . I am assistant to Mr. Brown, surgeon of St. George's workhouse—I attended the deceased from Thursday, 19th of July, till the 25th for compression of the brain, the result of a blow—it might be from such a stone as this, or a fall might have caused it—she died from the compression—she was suffering from consumption, but not sufficient to account for death NOT GUILTY .
Before Mr. Recorder.
MR. LILLEY conducted the Prosecution.
JOHN RIMMINGTON . I am a warehouseman, and live in Carlton Road, Old Kent Road, within three minutes' walk of the Prince Coburg—I was at that public-house on Saturday afternoon, December lst, at a few minutes to five—I saw the prisoner there and several others—some I knew, and I had a glass of gin and water with them—the prisoners and two others came from the taproom, and said, "Governor, will you treat us?"—I said "Yes; what will you have?"—one of then had some rum; what the others had I can't tell—I took out my purse to pay for it—I had 7l. in it when I went into the house, and I changed a sovereign, which left me 6l. in gold in my purse—I came out of the house and went into the urinal, while there I felt some one seize me from behind—he threw his arm round my neck and held me back, at the same time I saw the prisoner unbutton my overcoat and take some silver from my waistcoat pocket, and I believe the man behind me took my purse out of my trousers pocket with his left hand—one of them said, "Don't hurt the gentleman"—I was immediately thrown forward with great violence, and there I lay for some time quite unconscious—I was away from business for nearly a week from the effects—on recovering my consciousness my purse and money were gone—I immediately went home—I could not go out that evening, being in such pain, but next morning I gave information to the police, and gave a description of the men who attacked me—on the Tuesday afternoon I was called to the station and picked out the prisoner from seven others as the one that unbuttoned my coat—I had had a little to drink on this night, but I knew what I was about, and was perfectly sensible—the prisoner and his companions were in front of the bar ten minutes.
JAMES DYE . I am a carpenter—I was at the Prince Coburg on Saturday evening, December 1st, and saw the prosecutor there, the prisoner, and five or six in his company—the prosecutor was treating them, he was not drunk, but a little the worse for liquor, he appeared to know what he was about—when he left all the persons in the bar followed him out, I did not, as I was living there—the prisoner followed him with the others—about a
quarter of an hour afterwards the prosecutor came into the house again and asked if they were all gone, and he went out again directly—he made no complaint—some of the persons in front of the bar were relations of mineone of them left about a quarter of an hour before the prosecutor; he was treating some of them—I saw the prisoner and his companions speak to the prosecutor, and he asked them if they were going to have anything.
NOT GUILTY .
MR. SLEIGH conducted the Prosecution, and MR. DALT the Defence.
THOMAS HUGHES . I am assistant to Mr. Denham, a pawnbroker, of Southampton Street, Camberwell—the prisoner came there in September and offered this watch and chain in pawn for two sovereigns—I asked him whether the chain was gold; he said "Yes"—I tested it with aqua fortis, and it stood the test—it being nine o'clock in the evening, and not very light, I advanced him the money—on the 28th November he came again; I recognised him—he produced a watch and chain similar to this—I called Gardner, another assistant, and made a communication to him which the prisoner could not hear—he was asked whether the watch and chain were gold—he said "Yes," and that he had redeemed it from Mr. Telford, of Hackney Road, for 35s.—we tested it and found it was base metal—I then had the previous one tested and found it was the same—we then sent for an officer—I said, "You are endeavouring to obtain money by fraud; you are representing that they are gold, and they are not"—he said that he had redeemed it for 35s. from Mr. Telford, and that he was not the individual who was there on Saturday week—the watch was worth half a sovereign.
Cross-examined by MR. DALY. Q. Is this a similar one to the one you tested the first time? A. It is the same quality, but is electro gilt, and will stand the test of aqua fortis—it is worth 5s., and in the trade worth, I dare say, half a sovereign—if real gold it would be a very good pledge for 2l.—it is a different pattern to the former one, but they are both the same quality.
(Policeman 83 P) I took the prisoner and went to 10, George Street—nobody from that house is here.
GARDINER. On 28th September the prisoner produced this watch and chain to me—I asked him what he wanted—he said, "Two pounds"—I asked him if the chain was gold; he said "Yes"—I tried it and found it was not—Mr. Hughes said, "You pledged a watch and chain here on Saturday week"—he said "No, I have never been here before"
THE COURT considered that there was no proof that the prisoner knew that the chain was not gold.
NOT GUILTY .
MR. WOOD conducted the Prosecution.
black mare to my field at the bottom of Dog Kennel Lane—I missed her at eleven, and saw her at the slaughter-house about a week afterwards—I knew her by her eyes and white face and white off hind foot—she had two curious blade-bones on her shoulder—I was obliged to get a collar to fit her—she was worth 10l.
WILLIAM HOUGH . I am a servant, of 5, Little Queen Street, Camber-well—on 27th June I saw a man with a mare, which had a rope round her neck, going along—he asked me to give him a leg up—I did so, and he went towards Dulwich—I cannot say whether it was the prisoner—when I saw the mare again she was in the prosecutor's possession, and I recognised her.
JOSEPH RIBBINS . I live in Broad Street, Greenwich, and am assistant to my father, a horse slaughterer—on 27th June the prisoner brought me a mare with black feet, white off feet, and white face—I gave 3l. for it to slaughter—the prisoner said that he bought it behind a straw waggon, and gave 3l. 10s. for it—next day I sent it to be killed, but the prosecutor, coming in, saved it.
COURT. Q. Had you ever seen the prisoner before? A. Yes, and knew him by eight—I saw him again about five months afterwards.
WILLIAM SALTER . I live at 2, Broad Street, Greenwich—on 27th June I was employed at Mr. Ribbins's about four o'clock, when the prisoner brought a horse—I did not know him before, but I can swear to him.
Prisoner. This man was not there when Bibbins paid for the horse, he knows nothing about it—the other man says that it was between four and five o'clock that he lifted the man on the horse.
COURT. Q. Was it between four and five? A. Yes.
COURT to WILLIAM HOUGH. Q. Did you say that it was between four and five o'clock that he came? A. It was five minutes past four—I was going to the post with some letters.
THOMAS FOULGER (Policeman 234 R) I was in search of the prisoner, and saw him on 24th November—I told him I wanted him for stealing a horse and selling it at Mr. Ribbins—he said he knew nothing about it—I took him to the station—he said that he had sold several horses at Mr. Ribbins's—Mr. Ribbins's is about three miles from Dulwich, and three from Greenwich.
Prisoner's Defence. I bought the mare or horse for 45s. outside the Marquis of Granby She was turned out in the lane all that night, and I fetched her to Ribbins's next day.
COURT to JOSEPH RIBBINS. Q. Did you intend to slaughter this mare? A. Yes, she was not worth 10l. to us—the prisoner had come with other horses to me a long while before—this is my book (produced), with the description of the mare.
GUILTY . He was further charged with having been convicted of a like offence in April, 1865, to which he PLEADED GUILTY.**†— Confined Eighteen Months .
MR. LANGFORD conducted the Prosecution, and MR. STRAIGHT the Defence.
HENRY BUCKLAND . I am a decorator, of 4, New Street, Prospect Row, Walworth—on 22nd November, about half-past ten, I was going home along the railway passage, Walworth Road—it is a dark arch—I received a blow on the back of my hat with some heavy instrument and fell, but
was not injured—a woman, whom I believe to be the prisoner, held me by my throat, and another woman took from my pocket two half-crowns and three sixpences, and the pin out of my scarf—I took hold of them both, but the one who took my money escaped, leaving her shawl behind—eight or ten people surrounded me and punched me under the ears, and the woman got away, but I got hold of her a second time, and she said, "What do you want? it is not me"—I held her till an officer came—the woman who attacked me had a light shawl on, and I believe the prisoner to be her, but have a doubt about her—I did not see her face—it was dark, and there were about ten other women about—I had been drinking a little—the prisoner has, I believe, the same shawl on now—I got out of the crowd, and followed the woman in the light shawl.
Cross-examined. Q. Was it a dark place? Q. Yes HENRY WEAKFORD (Policeman 113 P) On the night of 21st November, about a quarter to eleven o'clock, I was in Walworth Road, near the railway passage, and saw a mob—Mr. Buckland was holding the prisoner; he said, "I charge this woman with knocking me down and robbing me"—she said, "It was not me, it was another girl; I have her shawl in my hand"—that was a brown shawl—going to the station she said, "It was not me who did it," and that she ran away because she might get into trouble, and they might think it was her NOT GUILTY .
Before Mr. Common Serjeant.
MESSRS. POLAND and O'LEARY conducted the Prosecution.
JAMES FORDYKE . I am barman at the Crown and Cushion, Westminster Road—on 23rd November, about five o'clock, the prisoner came with three men and a woman—he called for a pot of porter—I served him—he gave me a florin, which I put in the till, and gave him 1s. 8d. change—he went outside and afterwards returned, and called for half a quartern of rum, and paid me with a good sixpence—afterwards he called for another pot of porter, and put down a florin—I saw that it was bad, broke it, and put half on the counter—he snatched it up and said that he knew where he got it, and would go and get it changed—I went to the till and found only one florin there, and that was bad—I called my master, and the prisoner was given in custody, with the florin and the broken piece—the prisoner snatched up the piece and swallowed it—they tried to prevent him, but it disappeared.
Prisoner Q. Did not your mistress say, "Do not lock him up, I am not sure whether I took it or no?" A. No, she was not there.
BENJAMIN HARRIS . I am manager of the Old Crown and Cushion—on 22nd November Fordyke gave me a piece of a florin and a complete one, both bad—I placed them on the counter before the constable—the prisoner took up the piece, snatched it, and swallowed it.
Prisoner Q. Did you see the policeman catch me by the throat? A. You resisted very much, and they had to use force to search you.
JAMES LAWRENCE (Policeman 92L) I was sent for—the piece of a florin was put down, and the prisoner snatched it and swallowed it, though the sergeant and I had hold of him by the throat—when he had swallowed it he said, Who could prove it?—I searched him, and found six penny-worth of halfpence—I produce the other florin.
Prisoner's Defence. My two-shilling piece was put in the till at five o'clock, and is it likely I should stop there half an hour if I was guilty? I deny giving him a second florin It would be impossible for me to swallow a florin, for he nearly strangled meI was unable to eat anything for three days.
GUILTY . He was further charged with a previous conviction of a like offence, to which he PLEADED GUILTY.— Five Years' Penal Servitude .
Before Mr. Recorder.
HENRY PINFOLD . I am twelve years old, and live with my father at Pinfold Terrace, Peckham—on a Friday in November I saw the prisoner and another man and a woman in Crabtree Shop Row, near Mr. Richardson's, the baker's—one man, I cannot say which, said to the woman, "Go in and get some bread"—she went to the baker's shop and got it, and the two men went up to the Apple Tree tavern—the prisoner went in, and the other remained outside the door—I saw the woman go up to the Apple Tree, where the men were standing, and they went inside—they afterwards came out and went up the road—I saw a constable and told him what I had seen, and I went to speak to Mrs. Richardson—there was another lad with me named Collins.
ELIZA RICHARDSON . I serve at the baker's shop in Crabtree Shop Row—on Friday the 16th November a woman came in for half a quartern loaf—she gave me half a crown in payment—I put it in the till and gave her change—about half an hour afterwards little Pinfold came in and spoke to me—I looked in the till and found there three half-crowns—two were good and one bad—I had taken one since the woman came—I gave the bad one to Beach the constable.
SARAH COLLINS . I live with my brother Charles Collins at the Apple Tree beershop—on friday, the 16th November, the prisoner came there for a pint of porter, and gave me half a crown—it was bad—I told him so—he said nothing, but pulled another out of his pocket—I said, "This is bad too"—he made no reply—I took him in to my brother and gave the half-crown to him.
CHARLES COLLINS . My sister gave me two half-crowns—I saw the prisoner in front of the bar, told him they were bad, and asked where he got them—he said, "From the other side of Croydon"—I told him he would have to wait and give an account of himself, and if he could do so I would not lock him up—I sent the potman for a constable, and went outside the counter—it was about twenty minutes before the constable came, and a man and woman came in and had a pint of half-and-half—they wanted to know what I was detaining the prisoner for—I told them—they wanted to see the money—I showed it to them, but did not let them have hold of it—they gave the prisoner some beer—the man wanted the prisoner to go over to him—I would not let him, and he came over to the prisoner—I stepped between them and he drew back and hit me in the mouth——the prisoner was going towards the door—I caught hold of him, and the other man came to me again and I took the prisoner before me, that I should not get another blow—the man and woman then bolted, and I kept
the prisoner till a constable came—he said he had come up from Southampton, that he had slept the other side of Croydon, and had got the money from there.
WILLIAM BEACH (Policeman) The prisoner was given in my custody with the half-crowns—I found nothing on him—I told him the charge—he said, "Well, I can't deny it; there was a man and woman with me"—I asked where he lived—he said he had no address, he had slept at a "padding ken" the other side of Croydon—that means a common lodging-house—I received this other half-crown from Miss Richardson.
Prisoner's Defence. I changed a half-sovereign at Croydon, and got the money there GUILTY .— Confined Nine Months .
JOHN COLLINS . I live with my parents at 1, Little Skinner Street, East Lane, Walworth—on the 4th December, as I was going along, the prisoner said to me, "Boy, do you want to earn a penny?"—I said "Yes"—he gave me a five-shilling piece and told me to go into the German baker's and get him two half-quarterns of bread, one stale and one new, and he would give me a penny—I went into the shop—the boy gave me the crown back, and I went out along with the baker and pointed out the prisoner to him.
FREDERICK PRING . I manage the baker's shop—the last witness came in about seven in the evening on the 4th December, and gave me a crown—I tried it and broke it, and gave it to the boy, and went out with him—I saw the prisoner just opposite, and the boy said, "That is the man that gave me the money"—I asked the prisoner if he gave the boy the money—he said no, he did not—the boy had it in his hands, and the prisoner tried to get it away from him—I took possession—he tried to get it away—a constable passed, and I followed and gave him in custody—I gave the crown to the constable.
HENRY WEAKFORD (Policeman 133 P) I received the prisoner in charge—the prisoner said, "It was not me, you know me well"—I said, "I don't know you"—the prisoner said to the boy, "It was not me, it was another man, who gave you a shilling, was it not?"—the boy said, "No, you are the man; I never saw any other man"
The prisoner in his defence denied being the person.
NOT GUILTY .
ADJOURNED TO MONDAY, JANUARY 7TH, 1867.