CENTRAL CRIMINAL COURT
SIXTH SESSION, HELD APRIL 8TH, 1867.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers to the Queen's Most Excellent Majesty.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, April 8th, 1867, and following days,
BEFORE THE RIGHT HON. THOMAS GABRIEL, LORD MAYOR of the City of London; Sir ALEXANDER COCKBURN , Knt., Lord Chief Justice of Her Majesty's Court of Queen's Bench; Sir WILLIAM FRY CHANNELL , Knt., one of the Barons of Her Majesty's Court of Exchequer; WILLIAM TAYLOR COPELAND , Esq., THOMAS CHALLIS , Esq., THOMAS QUESTED FINNIS, Esq., and WILLIAM ANDERSON ROSE , Esq., Aldermen of the said City; the Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City; WILLIAM FERNELEY ALLEN, Esq., JAMES CLARKE LAWRENCE , Esq., ROBERT BESLEY , Esq., JOHN SILLS GIBBONS, Esq., and WILLIAM JAMES RICHMOND COTTON , Esq., Aldermen of the said City; and THOMAS CHAMBERS , Esq., Q C, M.P., Common Serjeant of the said City; 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.
CENTRAL CRIMINAL COURT.
GABRIEL, MAYOR. SIXTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, April 8th, 1867.
Before Mr. Recorder.
347. MONTAGUE TAYLOR (21) was indicted for embezzling and stealing 1l. 14s. 6d., 2l. 14s. 3d. and 2l. 19s. 3d., which he had received on account of George Evans, his master. (See Fifth Session, p. 462.)
MR. COLLINS, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. BESLEY conducted the Prosecution, and MR. RIBTON the Defence.
JOHN HOWE . I am a baker, living at Wandsworth—last autumn I remember a boat race on the river, I believe it was the 22nd of November, but I could not be positive—about half-past twelve that day my attention was attracted to a horse and cart; I first saw it in North Street, Wandsworth—it was a black horse, or a very dark one, and a narrow green cart; there were two persons in it, Sheen was one of them; he was driving; the other had a white slop on, and they had both got Fenian hats; I did not tee Dundas then—about half an hour afterwards I saw the horse and cart again in the Kingston Road with Sheen and Dundas in it, and the man in the white slop was on the left-hand side of the road, looking up at the gentlemen's houses; I went past them up the road to serve a customer—I looked back, and watched them up the road, and I saw Dundas and the one with the smock get up into the cart, ride some distance, then get out again—Dundas went up to several gates, and the other went up the Kingston Road, Sheen remained in the cart—it was going at a walking pace then—he saw me looking at them, and he put up his whip as though
to beckon to somebody—I had to turn out of the road, and saw no more of them—I afterwards saw the prisoners at Hammersmith Police-court.
Cross-examined by MR. RIBTON. Q. I suppose you had never seen them before that day? A. Not to my knowledge; I don't know when it was I saw them at the Hammersmith Police-court—it was when they were fully committed for trial—a policeman called at my place, I could not tell his name—I did not go with him or see him there—I saw several policemen there that I did not know—they asked me to walk this way, and I walked into the room, and they asked me if there was any one there I knew, and I picked out the two prisoners instantly; there might have been half a dozen persons there, or more—I do not know whether they were policemen, they were in private clothes—I gave a description of the men I saw to a policeman that same afternoon—they did not tell me they had got the two men answering my description—they said they had got two men, and should like me to see them—I described them at first as two men in a green cart, with Fenian hats on, one in a white smock; the short one had a drabbish coat, with a sort of billycock hat—I did not describe their features, I described the horse and cart—I said it was a very dark or black horse, rather thin, with long legs, and rather groggy in front—I did not give the height of the men—I said that the one with the white smock on was taller than the other—I heard of the robbery next morning—I was not examined on the first occasion that the prisoners were in custody—I went on the Thursday, the day they were committed—I was about six yards from the men when they passed me first, and when I passed them in the Kingston Road I was quite near to the cart—it was then standing still, and when I saw it next it was going very slowly over the stones that were lying in the middle of the road—I believe that the prisoners were dressed at the police-court as they are now—they had got different caps on then to what I saw them in; I identified them by their appearance, by their features—I saw them three times—I did not give a description of their features, I did not think that concerned me much; I did not think of being here, or else I should have taken more notice of them—I knew their features, or I could not have picked them out—I did not describe their features to the policeman, because ho did not ask me, but I recollected them well enough in my mind—Dundas has got his whiskers shaved off now—the other had rather longer hair, he has got rather a big head; I should know them anywhere.
MR. BESLEY. Q. Did you give a description of the men to the police before or after you heard of the robbery? A. Before.
STEPHEN QUARTERMAN (Policeman V 139). Previous to the 22nd November last I knew a person named Shirley, I have known him about three years, and had seen him half a dozen times; I knew him very well—on the 22nd November, between twelve and one, I was in the Kingston Road, and saw Shirley and the two prisoners in a cart going up the Kingston Road—I did not notice the cart particularly, the horse was a dark one, and they were going quite steady at the time in the direction of Wimbledon Park or Common towards Putney; I was about ninety yards from them—I took more notice of them than I might have done, on account of knowing Shirley—I saw them again afterwards—they were all three in the cart, galloping away from the direction of Wimbledon Park—Shirley had on a round slop, open in front; it was a kind of brown slop, not quite a white.
Cross-examined. Q. Shirley was the only one of the three men that you
knew? A. Yes, I had never seen the others before to my knowledge—I did not give evidence on the first occasion when the prisoners were examined—I did on the 14th February; they were committed on the 21st—I gave a description of them at the time the robbery was committed in Wimbledon Park to the inspector of police, and I apprehended a man with images at the time, who was supposed to be concerned with them; I believe he was taken to identify the prisoners—I do not know whether he said they were not the men—he is not here that I am aware of—when I saw the prisoners in custody they were just getting out of the prison van.
JANE MILTON . I am lady's maid in the service of Mr. J. B. Hole, of Florence Villa, "Wimbledon Park—on 22nd November, in consequence of a communication made to me by Mary Lambert, the cook, I went up stairs to Mrs. Hole's bedroom—I found it in great confusion, the drawers pulled out, the things on the floor, and the window wide open—I had been in the room about an hour before; the window was then shut, and the drawers closed—I afterwards examined, and missed a gold chronometer watch, a silver sugar basin, asparagus tongs, a knife and fork, two boxes containing jewellery, a case containing brushes, a lady's dressing bag, and severy other articles, of the value of about 200l.—I had seen the property safe about an hour before, when I put the sugar basin in the drawer—I saw nothing of the persons who entered the house, nor did I see any outside—it was about half-past one or twenty minutes to two, when I went up and found the room in disorder—I went up immediately on the cook speaking to me.
MARY LAMBERT . I am cook to Mr. Hole—on 22nd November last, about half-past one, I received some information from Smout, a servant next door; I communicated with the lady's maid, and went to the room—I found it in confusion and the window open—I did not see anything of the persons who entered the house.
EDWARD SMOUT . I am footman to Governor Hinckes, of Westmoreland Lodge, which is next door to Florence Villa—on the 22nd November last my attention was attracted to a horse and trap near my master's house—there was one man in the cart and one out in the road looking about, that one had on a white slop—the horse was a dark brown horse, as far as I could see of him—I could only see his legs and head, it was grazing at the side of the road; the cart was a dark green, I think—I saw a little boy with images walking round by the front of the window—a few minutes afterwards I saw a man come out of Florence Villa—I suppose that was about twenty minutes to two—he had a bundle on his arm, wrapped up—he went to the cart and threw the bundle in—he then got into the cart and said, "Good bye, old chap"—the man in the white slop walked down past the gates of Florence Villa; the one in the cart called, "Come here, Jack, I want you;" he got into the cart, and in a few minutes the other one came out from Florence Villa with the bundle on his arm—at the time he came out the other two men were in the cart—Dundas is the man who came out with the bundle, and Sheen is the man I first saw in the cart—the man in the white slop I have not seen since—it was Dundas who said, "Good bye, old chap," and he sat between the other two in the cart—I noticed that he had got something hanging out of his right-hand pocket as he came ont of the house, it looked like the tail of a hammer or screwdriver, or something of that sort.
Cross-examined. Q. Were you taken to the Hammersmith Police-court?
A. Yes, a short time ago I was ordered to go there by Mr. Micklejohn, of Wandsworth, he is a policeman—he told me I should be wanted to identify these two men—he told me they were in custody, I saw the two prisoners there—I at first picked out another man—I could not exactly identify them properly at the time—there was a great shuffling and bustling about—I said that man was one of the three—it turned out that he was not—one of the policemen told me so—he said I had made a mistake—I then picked out one of the prisoners—that was when they were at the bar in the police-court, about five or ten minutes after I had made the mistake—they were then by themselves—when I first saw them they were in company with a number of others—when they were by themselves I identified them, particularly the short one (Dundas)—I could not exactly recollect the other, I identified him afterwards—I did not say that the man I first picked out was the one that was driving the cart—I said he was the one that did the robbery.
WALTER TYLER . I am coachman at Westmoreland Lodge, next door to Florence Villa—on 22nd November my attention was attracted to a cart in the road, near Florence Villa, with the prisoner Sheen, I believe, in it—I noticed the cart, it was green, picked out with a lighter green, and the horse was dark bay or a brown—it was standing still till I got close up to it, and then it was moved on in front of me by Sheen—I saw a man in a white slop come out of from Mr. Hole's gate to the horse and cart, and an Italian boy with images—that was while I was on the coach box—the man had a white slop or white jacket on, the same as a bricklayer's labourer—about ten minutes or a quarter of an hour after, as I was driving up the Kingston Road, I saw the cart again; it was then going at a terrific rate; there were all three men in the cart—I noticed the man in the white slop in it—I have since seen a horse, but I could not swear to it—the cart is the same, but I will not swear whether the horse is or not.
Cross-examined. Q. You are certain the horse is not the same? A. Yes, and I am not certain about the cart—to my best belief Sheen was the man I saw in the cart—I swear it to the best of my belief—he was shown to me at Hammersmith—I could not identify him then because I was confused—I thought it a very serious thing, and that I ought to be careful, being on my oath—I did not pick them out—I was unable to do so—I did not identify him till I saw the two men standing at the bar by themselves—then I said Sheen was the man—that was about half an hour after I first saw them, and in the meantime I had been standing about in the court—I was not talking about the matter particularly as I am aware of—I might have been talking to some of the witnesses—very likely I might have talked to Smout—I am not aware that I talked to him about the case—I knew that he had picked out the wrong man—I was there at the time—I did not pick out any one in the yard.
WILLIAM ROLFE . I am a baker in High Street, Putney—on 22nd November I was near the Inner Park Road, Wimbledon, and saw the two prisoners come out of the road which leads to Mr. Hole's house—there were three of them in a cart—one had got a white smock frock on—Smout was driving at rather a fast rate—it was between half-past one and two o'clock—to the best of my recollection they were about 200 yards from the road that leads to Florence Villa.
Cross-examined. Q. You only spoke to one of them? A. To both—I was at the police-court—I was not asked about them in the yard, otherwise I should have identified them—they were at the bar when I identified
them—I heard something about one of the witnesses picking out the wrong man, but he identified him when he came into court—I was not shown the prisoners while they were in company with others.
MR. BESLEY. Q. Did you go into the yard at all? A. No—I was not asked to identify them there—I did not see them till they were in court—I knew what they were charged with then—I do not recollect whether I heard about the mistake before or after I identified them.
WILLIAM BLOOMFIELD (Policeman A 248). I have known Shirley sixteen years—I know him well—I know Sheen, but not so long—I have known Dundas seventeen years—somewhere about the middle of November last I saw Dundas and Shirley in company together, not Sheen—I saw them come up Coburg Row with a small horse and cart that I knew belonging to a man in Rochester Row—it was a little dark green chaise cart—I have since seen a horse and cart at Hammersmith—I could not swear to the horse, but the cart was the same—I did not see Sheen at all about that time—I never saw Sheen before December—about the beginning of December I saw him in Chapel Street; he was not along with Dundas—he was then wearing a Fenian cap and a dark moustache—when I saw Dundas in November he had on a round billycock hat—on 10th January I saw Dundas, Shirley, and Sheen go up Regent Street in the same cart that is at Hammersmith now—I am quite sure of the three men being together in January, because I had just come home from the country on sick leave—I won't be sure which one was driving—I did not see them again till they were in custody.
CHARLES COLE (Police Sergeant C 23). I have known Shirley ten or twelve years—I know him well—I know both the prisoners—I saw them in Shirley's company a few nighfs before I apprehended them, on 11th January (I had seen the three together two or three times before—I could not state when)—they were in High Street, Kensington, in a cart drawn by a dark bay horse—the cart is now in the green yard—it is the one that Bloomfield and Tyler have seen—I had not heard of this robbery at that time—I took the prisoners into custody afterwards—I have got here the things I found at Dundas's in a drawer in the room where I took him into custody—here are two pistols loaded with ball and powder, a knife which is used to push back the catches of windows—it has been made by some experienced person; it is not sold like this—I also found two life-preservers, two jemmies, some silent matches, a candle, powder, three picklocks, some ball, and percussion caps.
Witness for the defence of Sheen.
PATRICK ROACH . I assist my father, who is a cattle dealer—I know Sheen—I sailed from New York on 21st November last in the Palmyra—Sheen was with me—we arrived at Liverpool on 3rd December—I saw him frequently during the voyage—we kept together pretty much along the passage—my sister was with me—she is now in Ireland—there were no other friends or acquaintances of mine on board—Sheen and I parted at Liverpool; he said he was going to London on the 4th—he stopped with me one night—what I am saying is right true.
Cross-examined. Q. How many times have you been to America? A. Only once, next August will be three years—I was not in the United States army—I did not go out with Sheen—I did not know him before I left this country—I never knew him till I saw him coming on board the boat the day we sailed—I know it was in August that I went
out—my sister wrote for me to come over—I have a sister there now—I went out in the Bellwood—in August, 1866, I was at Connecticutt, in the New England States—I was working there in a tan-yard—I went there in August—I can't tell you the day of the month, or when I left the tan-yard—I have been working at a good many places besides that—the last time I left Connecticutt was on the 20th November—I came down to New York, and sailed from New York next day, the 21st—I don't know who are the agents of the Palmyra; they are in Liverpool.
MR. RIBTON. Q. Did you pay your passage from New York? A. Yes, thirty dollars, and the same for my sister, sixty for the both of us—I have not got the receipts, I don't know what has become of them—I did not see Sheen till the day he came aboard, and we kept together pretty much till we got to Liverpool—I believe he is the same countryman as myself; I believe he was born in England, but his mother is Irish.
COURT. Q. Where have you been staying since you came to England? A. With one Mr. Peachey for five weeks—I stopped nine days in Liverpool, and then went to Ireland; my father and mother lived there—I came from Ireland five weeks last Friday—I was brought here by Mr. Peachey—I believe he is a carpenter—I was not working for him—he came over to Ireland for me to prove this man's innocence, that he was in America at the time this robbery was committed—Sheen had my direction—I gave it him in Liverpool—he wanted to write to me on account of making acquaintance on board ship, and he did write a letter to me since I have been home—I had a letter from him before Mr. Peachey came for me, telling me he was well and all that—I did not know who Mr. Peachey was—I never saw the man till he came for me—I do not see him here; he was here, but I don't believe he is in Court—I saw him this'week in London—I have not seen him this morning—when he came to me he asked, did I know such a man of the name of Sheen—I told him yes—I told him that he was with me and my sister coming home, that he had a lame hand, and I gave a description of him, and he said that was the man, that he had come for me, that a robbery was committed on the 22nd, and he wanted me to prove his innocence—that was the first I had heard of it—Sheen is a cripple in his right hand; I don't believe he has got the use of it—the letter I had from him waa after I got to Ireland—I never saw him write—I don't know whether the letter was written by him—it came from him—I don't know his handwriting.
CHARLES COLE (re-examined). On the last examination but one I think the Magistrate told Sheen that he should commit him on the one case and remand him on the other; and Sheen said if he would remand him he could bring witnesses, but he did not; ho said he should bring witnesses on the trial—he did not say there was any witness in Ireland—he did not say where—he said he could bring a number of witnesses to prove that he arrived from America on the 22nd.
NOT GUILTY .
349. JOHN WILLIAM SHEEN and GEORGE DUNDAS were again indicted for breaking aud entering the dwellinghouse of PeterCarthew (in Middlesex), and stealing four necklets and other goods, value 158l., and 14l. in money, his property.
MR. COOPER conducted the Prosecution, and MR. RIBTON the Defence.
about twenty minutes past seven, I was in Kensington, and saw the two prisoners with Shirley in a cart—they were all sitting on a seat—there was hardly room on the seat for them to sit—Sheen was driving—they were within about 150 or 200 yards of Kensington Palace Gardens—I proceeded along Kensington Palace Gardens a few minutes after, about a quarter to eight, and outside the gateway of 15A I found the cart standing—Sheen was in it—he looked at me very hard, and turned the horse across the road—I said to him, "What are you doing here?"—he said, "Why?"—I said, "We are police officers (I was not in uniform); I saw you not long since with two other men I know in this cart"—(I am reading from a paper that I wrote at the time, or soon after—next day, when I gave my first evidence—I generally make a memorandum in a case like this)—I did not mention the names of the two others—he said, "You make a mistake, sir"—I said, "No; who are you waiting for here?"—he said, "If you want to know I will tell you; I am waiting for my master, Mr. Green"—I said, "Who is Mr. Green?"—he said, "a butterman near Ebury Bridge, Pimlico"—I sent a young man who was with me to inquire at the different houses, and from what he told me I told Sheen I did not believe him, and should take him to the station—he said, "I can prove I am a respectable man, and live in Lupus Street, Pimlico; I am a stranger in the butter trade business; this horse and cart belongs to my brother-in-law; we have just left a lot of poultry down the road"—I said, "Where?"—he said, "I shan't give you no further satisfaction"—I directed Webb to get up into the cart and keep observation, and I walked by the side of the wheel—I went to 15A, Palace Gardens—after remaining outside the house about forty minutes an alarm was given, and from what the servant told me I examined the premises—I found that an entry had been made by a person climbing up the portico and getting in at the first floor front window, which I found open, and the catch forced back—there were marks on the window-frame, the woodwork—I found the places in the room broken open—I saw marks of an instrument upon them all—some had been broken open and some had been attempted—the things were strewn over the bed and about the room—on Thursday, 7th February, about noon, I went to No. 1, Plough Court, Fetter Lane, Holborn, and found the prisoner Dundas at breakfast, in the front parlour—I said, "George, I want you for being concerned with Sheen and Harry Shirley in breaking into a house in Kensington Palace Gardens; I saw you and the other two in a horse and cart"—he made no answer for some time—after a time he said, "Who are you?"—I said, "My name is Cole, of the C Division; you know me very well"—I then gave him into the custody of Webb, who was with me—I asked him if that was his room where he was—he said, "Yes"—I asked if he had any other room—he said, "No"—I then searched the room, and in a drawer close to where he was I found the instruments I have produced—after conveying him to the station I went to Mr. Carthew's, and in his presence and Webb's I compared this knife with the marks on the window, and they exactly corresponded—it is a very fine instrument, it goes between the sashes and opens the catch, and exactly fits the mark—this jemmy also exactly corresponded with the marks on the drawers that were broken open and attempted.
Cross-examined. Q. I suppose any instrument of the same size would do that? A. Yes, this jemmy exactly covered all the marks—I never saw a knife like this before, and I have seen a great many—this was not made at a toolmaker's—I wrote this memorandum either the same night
or next day, after I give my evidence—this is not the first time by a great many that I have done so—you have objected to it before, years back when I have given it in evidence that way—I wrote it down that I might make no mistake—I think I shall continue to do so—it was about twenty minutes past seven that I first saw the cart; I always carry a watch, I looked at it, I had to see a gentlemen at a quarter-past seven by order of the commissioner, and that was my reason for knowing the time, it was dark—it was just by Young Street that I saw the cart first, on the opposite side of the way to Palace Gardens—there were then three men in the cart; they drove past me, and I lost sight of them for some time; the next time I saw it there was only one man in it—I know that was Sheen—I did not see either of the other two then; I saw no more of them that night—I did not see Dundas again till I apprehended him, I was looking for him—there was another man in the room with him—I don't know whether it was a lodging-house—he said it was his mother-in-law's—he did not say the things did not belong to him—none of the missing property has been found—it was nearly a month after the robbery that I took Dundas—Sheen was in custody all that time.
MR. COOPER. Q. Was there a diamond ring found? A. A duplicate for one with fourteen diamonds, it is not here; that was not found in the room where Dundas was, but in another room—I summoned his mother to attend at Hammersmith Police-court to prove who she pledged it for—the man who was in the room with Dundas is waiting to take his trial here now on another charge. (See George Smith's case, New Court, Friday.)
BUNSTED WEBB (Policeman C 112). On 11th January I was with Sergeant Cole—I saw the two prisoners and another man in a cart coming in a direction from Hammersmith towards Kensington Palace Gardens—I afterwards saw Sheen in the same cart opposite the gate of 15A—I was present when Cole put certain questions to him—after that I got into the cart with him and rode with him to the station—he was very shifty, he moved the board at the bottom of the cart that formed a second seat, and when within about a yard and a half of the station door he dropped something over the back of the cart—a lad picked it up—it was this life preserver—the prisoner saw him give it to me, and said, "Well, you just have been very clever to let me drop that and you not see it"—on 7th February I went with Cole and took Dundas into custody—I saw him search the room and find these things—I have been to Ebury Street since this—there is no butterman of the name of Green there or in the neighbourhood.
Cross-examined. Q. When you first saw these men were they driving rapidly? A. Not very rapidly, they were trotting, they drove past as we stood at the corner of Young Street, it was not daylight, there was gaslight—I have not seen the three men together since; the prisoners are two of them—I don't know where the third is, I should like to know—I know he is a man named Shirley.
WILLIAM NICHOLLS (Policeman B 86). I know the prisoner and Shirley—on 11th January, about two in the afternoon, I saw them together in a cart in Rochester Row, going towards Vauxhall Bridge Road—I knew them all three before.
ANN BLABE . I am in the service of Mr. Carthew, of 15A, Kensington Palace Gardens—I remember the police coming on 11th January—the windows of the house were fastened at a quarter to five—about seven or a little before seven I left the bedroom in order and everything in it—
about tea minutes to eight I went again, and the bedroom door was locked—I went again afterwards, it was still locked—I went down stairs and told Mr. Carthew that I could not get in—we then found the window open—the footman got through the window and opened the door, and we found the room all in confusion.
PETER CARTHEW . I reside at 15A, Palace Gardens, Kensington—on the evening of 11th January, about half-past eight, I received information and went up to my bedroom—I found it fastened on the inside—the footman got through the window and opened the door—I found a cabinet containing most of the jewellery had been broken open and sundry articles of jewellery gone, between 200l. and 300l. worth, consisting of necklets, bracelets, brooches, and rings—they were all safe that evening about half-past six—I have not seen the diamond ring that has been spoken of, but I do not think it is one of those I lost, on account of the number of stones—I was present when the policeman came with the knife and screwdriver—they corresponded exactly with the marks.
NOT GUILTY .
351. WILLIAM CLARKE (41) , to embezzling various sums received on account of William Hornby Baxendale and others, his masters. The prisoner received an excellent character. His deficiencies were stated to amount to 150l.— Confined Twelve Months. [Pleaded guilty: See original trial image.]
354. JOHN KINGSTON** (16) , to a burglary in the dwelling-house of John Kitchen, and stealing therein eight silver spoons and other articles.— Confined Twelve Months. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, April 8th, 1867.
Before Mr. Common Serjeant.
MR. CRAUFURD conducted the Prosecution.
EDWARD WHITE . I am barman to Mr. Vickers, of the Ship, Upper Marylebone Street—on 11th March the prisoner came in for some drink and tendered me a florin, I bent it, it broke easily—I detained him and gave it to my master.
Prisoner. Q. What did you do with it? A. Showed it to my master, who said to you, "You are the man who tried to pass a bad half-crown here some time ago"—I do not think you made any answer—my master
went outside and came rounds to you to detain you—you did not appear in liquor.
RICHARD VICKERS . I am landlord of this public-house—on 11th March my barman brought me a bad florin into the parlour—I told him to break it and sent for a policeman—I went into the bar, saw the prisoner, and told him it was counterfeit coin—he said he was not aware of it—I gave him in charge—he had tendered a counterfeit half-crown to me some weeks before, which I returned to him and he gave me good money—I told him he had been there before, but he made no answer—I gave him in custody with the pieces of the florin.
Prisoner. Q. Was I sober? A. I think you had been drinking a little—I saw the constable lay hold of your throat to get something from your mouth; he said, "He is swallowing some money," and two policemen tried to get it from your mouth.
HUGH TABERER (D 143). I received the prisoner from Mr. Vickera, and this bad florin (produced)—I saw him in Bedford Square put his right hand from his pocket to his mouth—I saw a coin in his hand and seized him by the throat, but he swallowed it—another constable came and helped me to take him to the station—when he got there, and before we began to search him, we saw another coin put into his mouth—I could not see what it was—I found on him a pocket-book and a snuff-box and other things; he said, "All the b—sort of stuff I had about me is inside of me, and I can swallow the biggest b—super you or any other man ever saw."
Prisoner. Q. Did you search me in the public-house? A. No—you had been drinking—you were not half drunk—you were quite capable of walking and knowing what you were doing—your pockets were searched in Bedford Square, but I did not see what was taken from you.
JAMES GATLAND (Policeman 746 A). I went to assistance in Tottenham Court Road—he had hold of the prisoner by the right hand—the prisoner put his right hand into his trousers pocket and took out a half-crown and a florin—I seized his hand, and took them away—in Bedford Square I saw him take a shilling out of his pocket and put it into his mouth—I seized his throat and felt it go down—I took him to the station, where he swallowed another piece, but I cannot say what it was—I searched him in the cell and found on him 18s. 6d. good money and a bad shilling, all in one pocket—he said you can have all the soft stuff you can find outside me now; all I have I have swallowed—I said, "You have a good swallow"—he said, "Yes, I can swallow the biggest b—super you or I ever saw," meaning a watch—the other constable was there and heard it.
Prisoner. Q. Did you have any one else in custody? A. No—I did not take a female in custody—I did not take 1l. 16s. 6d., out of your pocket; it was 18s. 6d., a shilling of which was bad—some of it was spent in refreshments, and the rest given up to you—you said at the station that you had a sovereign.
Prisoner's Defence. I took the money in change for a sovereign.
GUILTY . He was further charged with having been before convicted.
GUILTY .**— Seven Years'Penal Servitude.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution, and MR. COLLINS the Defence.
THOMAS FROST . I am the son of George Frost, coffee-shop keeper, of 80, Curtain Road—on 16th March the prisoner came in for a pint of coffee and four slices of bread and butter, which came to 3 1/2 d.—he gave me a florin—I gave him the change and he left—I gave the florin to my father, who tried it, said it was bad, and pnt it away—on 19th March the prisoner came again for a pint of tea, two slices of bread and butter, a rasher of bacon, and an egg—he gave me a florin and I gave it to my father.
Cross-examined. Q. Who else was in the coffee-shop on the 16th? A. Several customers; my cousin, Elizabeth Bell, was also serving—the prisoner paid me directly I served him—I put the florin in my pocket, and gave it to my father a quarter of an hour or twenty minutes afterwards—on the 19th he also paid directly he was served.
ELIZABETH BELL . I am a waitress at the coffee-shop—I served the prisoner on the 19th, between two aud three o'clock, and what he had came to 7d.—he handed a coin to me which I knew was bad, and I banded it to my cousin—I had seen the prisoner several times before—I saw him there on the Wednesday before, but not on the Saturday.
WORFORD WARABLE (117 G). I took the prisoner, and received these two florins from Mr. Frost—I told the prisoner the charge, and found on him threepence—halfpenny in copper—he said that he had no home.
GUILTY of the single uttering .— Confined Nine Months .
OLD COURT.—Tuesday, April 9th, 1867.
Before Mr. Recorder.
MR. COLLINS conducted the Prosecution, and MR. RIBTON the Defence.
WILLIAM SMITH (City Detective). In consequence of information, on 28th February I marked a sovereign, two half-sovereigns, a crown piece, and two half-crowns; one of the coins was an Australian halfsovereign—about half-past five that afternoon I gave the marked money to Blanchard, with certain directions, and between six and seven, in consequence of some further information, I went to Messrs. Saxon and Waddington's premises, in Bartholomew Close, accompanied by Mr. Waddington—I saw the prisoner in the retail department—I told him I was an officer, and had reason to believe that he had stolen an Australian halfsovereign and a five-shilling piece from a sum of 2l. 11s., which had been paid for skins and other things—he was very much confused and made no answer for some time—I told him that he had got the money, and he must produce it—he made no answer—I said unless he produced it I must search him—he theu took from his left-hand waistcoat pocket
the Australian half-sovereign, and from his right waistcoat pocket the fiveshilling piece which I had marked, and said to Mr. Waddington, "Pray forgive me, don't lock me up"—he said that several times—I have the marked money here—I took him to the station, searched him, and found upon him 3l. 12s. 2 1/2 d., a silver watch, a gold chain, and other things.
Cross-examined. Q. Was Mr. Waddington present when you spoke to the prisoner? A. He was the whole time—I had told the prisoner I was an officer before he said, "Pray forgive me, don't lock me up," and had charged him with stealing this money.
GEORGE BLANCHARD . I am a porter and live in Kingsland' Road—at half-past five in the afternon on 28th February Smith gave me a sovereign, two half-sovereigns, a five-shilling piece, and two halfcrowns, with certain directions, in consequence of which I went to the prosecutors' premises—I saw the prisoner behind the counter, and asked him for four enamelled sealskins, three calfskins, and half a gross of dubbin, for which I paid him with the marked money given me by Smith, and another shilling; it came to 2l. 11s.—the prisoner put the money in the till, and I brought away the goods—this Australian half-sovereign and five-shilling piece is part of the marked money I paid to the prisoner.
JAMES WILLIAM HOCKER . I am cashier to Messrs. Saxon and Waddington, of Bartholomew Close—the prisoner was in their employment as shopman, and had been so for some considerable time—it is part of my duty to clear the till twice a day—it was the prisoner's duty to place all the money he received in the till, and to leave it there—he had no right to take any out for any purpose whatever—on 28th February, about half-past six, I cleared the till, not entirely—I searched it for marked money, and found one sovereign, a half-sovereign, and two half-crowns marked in the till.
Cross-examined. Q. Have you any means of checking whether the amount in the till was the correct amount or not? A. No—thefe is only one till—there is no book in which the persons enter the money they take; I enter what I take from the till—I took out 2l. that night—another shopman named Nolan also had access to the till—I had taken some money out of the till about two o'clock, I don't know how much—the prisoner has been nearly nine years in the service.
GUILTY .— Five Years' Penal Servitude. The prosecutors stated their loss to amount to upwards of 2000l.
MR. METCALFE conducted the Prosecution, and MR. COOPER the Defence.
HENRY MARCH LONSDALE . I am a draper at 29, Aldgate—on Friday, 15th March, between five and six in the evening, my attention was called to the prisoner in my shop; she was standing or sitting by the counter at the timez—I saw her return three pieces of ribbon to the counter from under her dress, one piece dropped on the floor—I gave her in charge—she had been near the door in the lobby—she was going out and I stopped her—I told her to come back, and she came from there to the counter, and then put the ribbon on the counter.
Cross-examined. Q. She had been purchasing ribbons at the counter, I believe? A. Yes—I can't say whether she wore crinoline—I know that
ladies' dresses will sweep things down, but they do not put them on the counter.
JAMES HANDLEY . I am porter to Mr. Lonsdale—I saw the prisoner in the shop—she was looking about a great deal, which made me notice her; she was then by the counter—I saw her take hold of a piece of ribbon from the basket and pull it a little closer to her—I went round to the opposite counter and saw her take a piece of pink ribbon and put it under her dress—I informed Mr. Lonsdale—I afterwards saw her take three pieces and put them on the counter: one fell on the floor.
Cross-examined. Q. How far were you from her? A. About four yards—when I saw her move the ribbon she was not being served then—Mr. Blackmore, who had been serving her, had gone to another part of the shop—the ribbons were on wooden rollers.
JAMES BLACKMORE . I am assistant to Mr. Lonsdale—I served the prisoner—when she came in she asked to look at some ribbons; I put them on the counter—she bought a yard and a half, and paid for it—I went to the window to get something else for her, and when I returned I saw her put some ribbons back into the basket, when Mr. Lonsdale came up.
Cross-examined. Q. Where did she seem to take them from? A. From her person somewhere, not from the floor—I was not behind the counter then, I was at the window on the opposite side, and she was between me and the counter—the ribbons could not possibly have dropped on the ground; they were on the counter in a basket—Mr. Lonsdale charged her with stealing them—I think she said, "You are mistaken; I never intended to steal them"—she did not say they had dropped on the floor and she had picked them up.
GUILTY .**— Confined Eighteen Months.
WILLIAM HENRY JOHNSON . I live at 8, Idol Lane, Tower Street, and am mate of a ship—I was standing on Tower Hill at half-past one on 23rd March, looking at a monkey, and as I turned round to go away I missed my watch—it had been in my pocket attached to a chain—the ring was broken off—this is the watch (produced).
ROBERT JOHN MAJOR (Thames Police Inspector). On 23rd March I saw the prisoner on Tower Hill, in company with others, standing by the side of the prosecutor; he had his left hand under his right arm, with a handkerchief in his right hand—I saw him place his fingers to the prosecutor's waistcoat pocket and afterwards draw his hand from the pocket and place something in his outside coat pocket—he then walked away, I followed him—he commenced running—I ran after him and caught him, and held him till my brother officer came up, I told him if he looked in his outside pocket he would find a watch there—he did look and found this watch.
THOMAS CLARK (Thames Police Inspector). I saw the prisoner standing on Tower Hill looking at the monkey—he commenced to run, I ran after him—Major said he had a watch in his pocket—I said, "Have you?"—he said, "No, I have not"—I searched him and found this watch in his left trousers pocket.
GUILTY .— Confined Six Months.
CHILDS PLEADED GUILTY .— Five Years' Penal Servitude.
MESSRS. METCALFE and STRAIGHT conducted the Prosecution.
ROBERT URSWELL . I am the son of Joseph Urswell, wharf keeper, in the employ of the Great Eastern Railway Company, and live with my father at 15, Manchester Street, Waterloo New Town; I am going on for fifteen years of age—on 11th February I was carman's lad to Childs—I went out with him about three o'clock to collect parcels—I received a parcel at the Four Swans directed to McAlpine, of Leicester; when we got near the Bishopsgate Church we stopped, and Childs spoke to Selby, who got up in the van—I had seen him before—I had only seen him ride with Childs once before—when we got to Union Street we stopped, and Selby got down—we did not stop any more till we got to Brick Lane Station—I there saw the parcels taken out of the cart—Mr. Wignall, the checker, was there, and he checked the goods—when I took the parcel for Leicester from the Four Swans, I placed it on the front of the van—when we got to Brick Lane it was gone—as we were going along I asked Childs whether Selby was up—the goods were between me and Childs, and I could not see whether he was up or not; that was after we stopped at the church, and before we stopped at the corner of Union Street—Selby was sitting close to the place where I put the parcel—when we got to Brick Lane Station Childs said to me there was a parcel short—I said, "Which one is it?"—he said, "The one for Leicester"—I knew Selby by the name of Henry.
JOSEPH RUSSELL . I am superintendent of the railway police; the los of the parcel was reported to me, and I made inquiries about it, after speaking to Childs and the lad—I saw Selby—I told him he would be charged with being concerned with Childs in stealing a parcel addressed to McAlpine, of Leicester, from one of the Great Eastern vans on the 11th February—he said, "I know nothing about it."
JOHN CLIFFORD . I am manager of the Four Swans booking-office, Bishopsgate Street—on the 11th February I saw a parcel handed to Childs for McAlpine, of Leicester—I saw him sign the bill, which I produce.
DAVID WIGNALL . I am a checker in the employment of the Great Eastern Railway Company—I checked the goods on Childs's van when it came in on the evening of the llth February; there was a parcel short, for McAlpine, of Leicester.
HENRY RILEY . I live at 2, George Street, Spicer Street, Bethnal Green—I was carman's boy to Childs on 7th March—I went with him in the van from the Brick Lane Station to the West India Docks; on the way we took up Selby, opposite the church in Spicer Street—he got up on the tail of the van—I was sitting in front with Childs—when we got to Sydney Street, Whitechapel, I heard a knocking—I looked under the tarpaulin, and saw Selby breaking a case open with a chisel and hammer like these produced—he did break it open, and he took out four bundles of damask—he saw me looking and said he was working harder than he ever worked in his life, he never had a harder job in his life—there was a tin case inside the wooden one—it was going to the West India Docks, for Hong Kong—he put three of the bundles into a sack, and one into the provender sack—that was a green coloured one with flowers on it—when
we got near the dock gates Selby said, "Don't go in yet, I have not finished; drive round the square"—Childs did drive round the square towards Cubitt Town, and then went back to the West India Docks—he said it would be too late to deliver it if he did not make haste, and if we took the case back it would be found out if it was weighed—Selby got down before we got into the docks—he said he was going to take a cab, that he was going home with the stuff, and he would sell it before night—he said he should like to take the one in the provender sack with him, because that was the best—he walked away with it on his back—Childs and I then delivered the case at the docks, as we delivered it I heard it rattle—he took the bundle out of the provender sack when we got to the stables—I saw Selby afterwards one morning talking to Childs against the stable, and he said, "If I ever went before Mr. Russell, what would I say about the parcel?"—I said I would say what I knew about it—he said, "Would you say you knew nothing about it if I gave you some money?"—I said, "Yes"—he gave me a shilling one night when Childs took the other bale to his house.
HENRY CUTLER . I am in the employment of Mr. Sale, a draper at Cambridge—on 6th March I sent a case of damask to Hong Kong by the ship Solent—I sent it up by the Great Eastern Railway—it contained thirteen pieces of damask—it was then in good condition—I afterwards went to the docks, when this was reported, and found four pieces gone, of the value of about 30l.
JOSEPH RUSSELL . On the 14th March I went to the West India Docks on board the Solent—I there examined a case directed to Hong Kong—I found it had been broken open—the woodwork was split, and the zinc case inside was cut in pieces, as if by a chisel—there was a space where some goods had apparently been taken out—the paper was left in the case, and I found nine rolls of damask in the case, which the last witness identified.
SELBY— GUILTY .— Five Yeans' Penal Servitude.
MESSRS. METCALFE and STRAIGHT conducted the Prosecution, and MR. PETER the Defence.
JOSEPH RUSSELL . On 15th February I went to a house in a court; leading into Pelham Street, Brick Lane, about a quarter of a mile from the company's station—I had to get in through a window—I went into a back room in a passage in the back part of the house in a yard—I there found three square bags, containing 293 reels of silk, value about 130l.—this (produced) is a sample of it—I also found this coat, and some pieces of boxes, apparently broken up; the lids of the boxes had labels on them addressed to a firm in Spital Square—I gave instructions for the apprehension of the prisoner, and on 23rd he was brought to my office by Sergeant Kenwood—I handed him this coat and put it on, and asked him who it belonged to—he said, "It is mine, I bought and paid for it"—I asked him his name—he said, "John Hibberd"—I said, "Yes, Punch"—he said, "Yes"—that was a name I knew him by—I then placed him in the clerk's office with five others—Mary Ann Lee was called in out of my
private room, and she immediately selected the prisoner, and said, "That is Punch, that is the person who lives down in the room where the silk was found"—the prisoner made no reply—I asked him if he knew Teddy Taylor—he said, "Yes"—I asked when he saw him last—he said, "That morning"—I said, "What morning?"—he said, "The morning the cart was drove away, but I did not drive it"—I then handed him over to Sergeant Kenwood, and he was taken to the station—the cart wag brought to me at the Shoreditch Station the same afternoon that it was driven away, by the witness Lee—two boxes of silk and two boxes of silk velvet were gone, the remainder of the goods was in the cart.
CHARLES PARMENTER . I am carman to the Great Eastern Railway Company—on 15th February I took out a load from Brick Lane Station—I had to leave the cart in Eyre Street, just outside the Station gates, I left a boy with it—when I came back the cart, the lad, and everything had disappeared.
WILLIAM WATSON . I live at 23, Sebright Street, Brick Lane—I was in the employ of the Great Eastern Railway Company—I was Parmenter's lad—on 15th February I left the Brick Lane Station with him—I was left with the cart while he went to breakfast—I left the cart in Eyre Street, and went and bought a halfpennyworth of buttons to play with another boy, who lives in Eyre Street; when I came back the cart was gone.
MARY ANN LEE . I live at 32, Felham Street, about half a quarter of a mile from the Brick Lane Station—on the morning of the 15th I saw a horse and cart standing in the street at the corner of a court; there were some boxes in the cart; it was a two-wheeled cart with one horse, I did not notice any label or placard on it—I saw the prisoner there, he was taking the boxes out of the cart and taking them up the court; I think he took two boxes—that was where he was servant for a young man he was working for; I don't know the man, I heard that he was called Teddy Taylor—it is not a shop—there is a shop down stairs where I live, and I live over the shop; that is not where the boxes were taken, they were taken up the court—I did not notice where he took them up the court, it leads into a back room there.
Cross-examined. Q. Was it in consequence of the information you gave that the police visited that room? A. No, they went to the room before; I gave information on the Saturday night, the police went to the room on the Friday night—the person who employed the prisoner lived at that house; they were going to open a chandlers shop, they had possession of the shop and back room; that was Teddy Taylor and Emma Bowyer; they were occupying it, and the prisoner was their servant—I saw a lad named John Patten assisting to unload the van, he helped the prisoner with the boxes up the court; he is brother of the witness Joseph Patten.
JOSEPH PATTEN . I live with my father, a shoemaker, at 33, Pelham Street, Spitalfields—I know the prisoner by working down this court—on Friday morning, 15th February, I was going out with some coffee for the men's breakfast, and saw a Great Eastern Railway cart, Punch was driving it down Pelham Street; it was near No. 33, there were some boxes in the cart—I did not see where it stopped, it was going towards Whitechapel; there was nobody in the cart with him.
Cross-examined. Q. Is John Patten your brother? A. Yes—I did not assist to unload the cart.
—I saw the prisoner with a two-wheeled cart and horse, it was a Great Eastern Railway cart—I only saw the prisoner with it—he asked me to help him up the court with a case—I did so, he took it to a little room up the court—there was a quantity of other goods in the cart—I thought he belonged to the cart.
COURT. Q. Do you live at No. 33? A. Yes—some man occupied the back room there, I don't know the name—I only saw two men there—I don't know that the prisoner lived there, I don't think he did—I know him, I saw him two or three times, he used to work up the court; I don't know whether he worked at 33 or not.
JAMES LEE . I am a bricklayer, and live at 8, Richardson Street, Stepney—on 15th February, about nine o'clock in the morning, I was near the Rising Sun, in Oxford Street, Stepney, and saw a Great Eastern Railway cart and horse there—it remained there till two o'clock, when a young man belonging to the company came up, and I went with him to the Bishopsgate Street Station with it.
HENRY WILLIAM RUNNELLS . I am a checker at the Brick Lane Station—I checked the goods into the cart driven by Parmenter on the 15th; it contained three hampers and six boxes—they were all in good condition.
RICHARD KENWOOD (Police Sergeant H 16). On the afternoon of 23rd February I met the prisoner in Fleet Street, Bethnal Green—I told him I was a constable, and should take him into custody for stealing a horse and cart, and a quantity of silk and other property, to the value of between 600l. and 700l., belonging to the Great Eastern Railway, on Friday, the 15th, in Eyre Street—he said he knew nothing at all about it—I then conveyed him to Inspector Russell's office, where he was placed among five other boys, and Lee identified him—I conveyed him to Spitalfields Police-station—he then said, "I am sorry I had anything at all to do with it, for the sake of my poor mother; don't tell her, tell my father if you can; he leaves work this afternoon at four o'clock, being Saturday"—I have looked for Teddy Taylor and the other man, but cannot find them, they are still out of the way.
JAMES JOSHUA WHITER . I am one of the firm of Salter and Whiter, silk manufacturers, Spital Square—on 15th February we were expecting three boxes, two containing silk reels, and one of silk velvet—I have seen the reels found by Russell; they are ours, and are the sort we were expecting that day—I also identify these pieces as parts of my boxes that were coming up from our factory at Sudbury.
JAMES KEMP . I am a silk manufacturer in Spital Square—on the morning of 15th February I was expecting some silk from Holstead—I have seen some black velvet which agrees with my advice; it is of a similar description, that is all I can say.
Recommended to mercy by the Jury.— Confined Twelve Months.
366. WILLIAM PRICE (25) , Stealing, whilst employed in the Post Office, a post-letter containing twenty shillings, four photograph likenesses, and four cards, the property of her Majesty's Postmaster-General.
MESSRS. METCALFE and STRAIGHT conducted the Prosecution, and MR. WARTON the Defence.
JOHN GARDNER . I am one of the senior clerks in the General Post Office—the prisoner was a stamper and collector—on the 4th March I made up a letter and put into it an Australian sovereign and four photographs, which I
marked, put into an envelope, and fastened it with a piece of gum, and I addressed it, "Mr. Bishop, till called for, General Post Office, St. Martin's le Grande"—at five o'clock the same day I handed it to Bingham, the officer, to post immediately—after that I called the attention of Mr. Forbes and Ennis to it—next morning, about ten o'clock, I saw the prisoner in my private room—I said to him, "A money letter, addressed to Mr. J. Bishop, General Post Office, till called for, is missing; do you know anything about it?"—he replied, "I do not"—I said, "It was seen in your hands this morning"—he said, "Yes"—Crocker the constable was present, and he produced a sovereign and a penny, which he said he had found on the prisoner—I did not see him searched—I said to the prisoner, "Where did you get this money from?"—he said, "The sovereign I received from Mr. Robinson for my wages last Saturday"—this was Tuesday—this is it (produced)—it is the one I enclosed in the letter to Mr. Bishop—I showed it to the prisoner, and said, "This sovereign was enclosed in the letter addressed to Mr. Bishop, General Post Office; in fact, in the letter that I have been asking you about; it was in the letter this morning"—he replied, "I cannot tell you any more than I have told you."
Cross-examined. Q. In whose possession has this sovereign been? A. Mine; no one was with me when I marked it—I have laid a trap of this kind before—I have never had any one with me when I have marked money—I showed it to Mr. Clare, an inspector of letter-carriers, before I put it in the letter—Mr. Robinson is an inspector in the wages branch—I do not know whether he is here.
MR. METCALFE. Q. When did the prisoner say he got the sovereign from Mr. Robinson? A. Last Saturday; I had it in my possession then.
HENRY BINGHAM . I am an officer attached to the General Post Office—I posted the letter given to me by Mr. Gardner about half-past five on Tuesday morning, the 5th March, in the same state that I received it.
THOMAS ENNIS . I am superintendent sorter in the General Post Office—on the morning of the 5th March, about half-past five o'clock, my attention was called to a letter addressed to Mr. J. Bishop—I afterwards took that letter from tho letter-box, and saw the date stamp put on it—I placed it amongst other letters which the prisoner had to collect—I saw him collect—these letters and take them away.
Cross-examined. Q. Where is that letter? A. I don't know—I have never seen it since.
JOHN FORBES . I am a sorter in the General Post Office—on the evening of the 4th March my attention was called by Mr. Gardner to a letter addressed to Mr. Bishop—on the following morning, after some communication from Mr. Ennis, I noticed the prisoner—I saw him with a letter in his hand, feeling it between his thumb and finger, and shaking it about a little—he then put it down on the table before him with two or three others—he then left the table for a little time, and I went and looked at the letter, and saw it was the same—a little time after I saw him take the letter along with the others, and go to the sorting-table in the body of the office—I then lost sight of him—I made a communication to Mr. Tucker, the assistant controller.
Cross-examined. Q. Did you feel the letter to see if it contained the money? A. No; I only looked at it—the prisoner was not sorting—he had to collect the letters.
morning of the 5th I searched the place where this letter should have been, and could not find it—I then made a communication to Crocker.
GIDEON CROCKER . I am an officer attached to the General Post Office—about eight o'clock on the morning of the 5th March I stopped the prisoner as he was leaving the yard of the General Post Office—I told him that Mr. Tucker wanted to speak to him—I took him into Mr. Gardner's private room—he was asked about the letter and denied all knowledge of it—I heard Mr. Gardner's evidence—it is correct—I searched the prisoner, and found on him an Australian sovereign and a penny-piece.
Cross-examined. Q. Did you not say to him, "Have you got anything about you belonging to the office?" A. I did, and he said, "No."
Cross-examined. Q. Is that the only sovereign you have seen marked in that way? A. No; this is Mr. Gardner's mark which he uses—he never puts the mark in the same place.
WILLIAM WILSON . I am a stamper in the office—I lent the prisoner two shillings, which he promised to pay me on Saturday night at two—he came to me that night, and said he could not pay me as he had been robbed of all his money in the Tower.
Cross-examined. Q. When did you first tell this story? A. Shortly after the prisoner was taken, on the 5th—I did not go before the Magistrate.
GUILTY .— Five Years' Penal Servitude.
368. MATTHEW JOHN THOMAS (21) , to stealing, whilst employed in the Post Office, a post-letter of her Majesty's Postmaster-General.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
370. WILLIAM NEWMAN (16) and WILLIAM BARTON (16) , to a burglary in the dwellinghouse of Thomas Rousham, and stealing one tablecloth and other goods, his property, Newman having been before convicted.— NEWMAN Confined Twelve Months; BARTON Confined Nine Months. [Pleaded guilty: See original trial image.]
371. EMMA JACKSON (24) and CHARLOTTE YOUNG (23) , to stealing one watch of William Halls from his person, Jackson having been before convicted.— JACKSON**— Seven Years' Penal Servitude; YOUNG Confined Eighteen Months. [Pleaded guilty: See original trial image.]
372. WILLIAM BURROUGHS (19) and ALFRED MORGAN (19) , to stealing a piece of canvas and 384 yards of ladies' cloaking of the Great Eastern Railway Company, the masters of Burroughs.— BURROUGHS— Six Years' Penal Servitude; MORGAN Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
373. GEORGE PERRY (31) and WILLIAM BENSTEAD (38) , Stealing two plates of silvered glass and other goods of George Sims, the masters of Perry.— Confined Eight Months each. [Pleaded guilty: See original trial image.]
376. WILLIAM BAKER (44) , to feloniously forging and uttering receipt for the payment of money; also to obtaining goods by false pretences.— Confined Eighteen Months. [Pleaded guilty: See original trial image.]
NEW COURT.—Tuesday, April 9th, 1867.
Before Mr. Common Serjeant.
MR. STRAIGHT conducted the Prosecution.
HANNAH WORLAND . I am the wife of Frederick Worland, of 303, High Street, Hoxton—on 19th February, about eight in the evening, the prisoner came in and bought some eggs, which came to 4d.—she put down a half-crown—I put it between my teeth, it bent, and I said, "You are my prisoner; this is bad; you have been here before and given a bad fiveshilling piece to my husband"—she said nothing, and I gave her in charge with the half-crown.
FREDERICK WORLAND . I am the husband of the last witness—on 5th February the prisoner came for some eggs—I said that I had none—she said, "I will have half a pound of that dripping, it looks very nice"—it came to 4d.—she gave me a crown—I gave her the change, and after she had gone I found it was bad—I gave it to the policeman—I had no other in the house.
GUILTY .— Confined Six Months.
MESSRS. COLERIDGE and STRAIGHT conducted the Prosecution.
CHARLES PLESTED . I am assistant to Mr. Cox, a butcher, of 34, Channel Street—on Friday, 22nd February, about four o'clock, the prisoner came in for a halfpennyworth of peas pudding—she gave me a shilling—I put it into the till, there was no other shilling there—I gave her 11 1/2 d. change, and she left—she came again three-quarters of an hour afterwards, and I spoke to my master, who went to the till and took out a shilling—a half-crown and a sixpence only were left in the till.
Prisoner. Q. Who was in the shop? A. A woman, who gave me 6d.—I said something to her about what a disfigurement there was on your face—you did not pay me with a halfpenny, you gave me a shilling.
JOSEPH HARRADENCE . I am assistant to Mr. Cox—on the afternoon of 22nd February I was in the shop, the prisoner came in for a pound of beef sausages, which came to 5d.—she gave me a florin—I told her it was bad, and she offered me another—I would not take it, but gave the florin to Mr. Cox.
Prisoner. Q. Did your master turn me out of the shop? A. We were going to let you go for the florin, but when we found the shilling in the till you were followed and given in custody.
EDWARD COX . I am a pork butcher, of 34, Chiswell Street—Mr. Harradence gave me the bad florin, and I gave it to 438 A with a bad shilling which I took from the till—the woman went out of the shop, but the boy said something to me and I sent for her back.
station, she said that she passed the florin, but denied passing the shilling, 5d. in copper was found on her.
GUILTY .*— Confined Twelve Months.
MESSRS. COLERIDGE and STRAIGHT conducted the Prosecution, and MR. PATER the Defence.
JAMES BRANNAN . I am engaged by the Mint to make certain inquiries, and went in February to 44, Tufton Street, Westminster, with Inspector Fife, Sergeant Elliott, and Inspector Humphreys—the street door was open, we proceeded up stairs—Fife opened the door of the first floor, and we entered and proceeded to an adjoining room and found the prisoner in bed with a female—I said, "Mr. Nixon, I need not tell you my name; you are suspected of passing counterfeit coin; we have a search warrant from the Magistrates at Westminster Police-court to search your place"—I directed the officers not to take any part in the search till they had searched his clothes, as he put them on—he said, "God bless you, Mr. Brannan, there is nothing of the sort here, Mr. Brannan; you know I do nothing of the kind"—I said, "I believe you do, for I have observed you many years"—Elliott took from his trousers pocket this purse, which contained this shilling (produced)—I said, "This is bad"—he said, "That I took last night"—he was taken into an adjoining room, and Inspector Fife went to a cupboard, and in his presence found this flower-pot, with a gally-pot in it, as it now appears, in which was a rag and some paper containing three halfcrowns, four florins, two shillings, bad—the prisoner said to Fife, "You must have put them there"—I said, "No, Mr. Nixon"—he said, "Well, somebody else must have put them there who owed me a spite"—he swore on several occasions that the woman knew nothing about it (she was taken, remanded, and discharged)—Inspector Humphreys got a light and went to the watercloset on the landing of the same floor—I held the light part of the time on the landing, and saw him remove a loose board at the back of the closet, and from a little aperture at the side of the pan he produced seven shillings and two half-crowns—I said, "These are bad"—the prisoner was present, but made no reply—I said, "Do you occupy the stable at 33, Vincent Street? I know you have done so until very recently"—he said, "Yes; anything you find there I shall hold myself responsible for"—Elliott had found some keys in the prisoner's trousers pocket, and said, "Are these the keys?"—the prisoner said, "Yes"—we went to the stable, one of the officers unlocked the padlock with one of the keys, Humphreys and Fife entered, and after searching a little time Fife produced three bad florins (produced)—the prisoner said, "Oh! then somebody else must have put them there that owed me a spite"—he was taken to the station—the bedroom opens from the sitting-room.
Cross-examined. Q. Was it Alice Scott who was in bed with him? A. Yes—she is not his wife, nor yet the woman he usually cohabits with—he has not lived with his wife for years—I believe her to be respectable—the sitting-room door was not locked—there are other lodgers in the house—the prisoner did not say in my presence that he had taken the shilling at a corn chandler's—he said that he took it last night—the stable is in a cab-yard; there are other stables there, but he has the separate use of this one, and it was locked.
MR. COLERIDGE. Q. How long has the prisoner lived there? A. Two or three months, and I have had him under close observation all the time.
JOHN FIFE (Police Inspector). I searched the cupboard and found the flower-pot containing these articles—I saw Elliott take some keys from the prisoner's clothes—I went to the stable with him and found three bad florins on a ledge wrapped in paper and rags—they were not in separate papers—the ledge could not be reached without unlocking the door.
Cross-examined. Q. Are the coins discoloured now? A. No, they are in the same state.
ARTHUR ELLIOTT (13 G). I assisted in searching, and found in a pair of trousers in the prisoner's room some keys and a purse, in which was a bad shilling—the prisoner pointed out one of the keys as that of the stable door, and it opened it—there was only that one shilling and some coppers in the purse.
WILLIAM WEBSTER . This shilling of 1864 found in the purse is bad—as to the coins found in the flower-pot, these two shillings of 1864 and 1865 are bad; these four florins of 1864 are bad and from the same mould; these three half-crowns of 1817, 1825, and 1842 are bad; of these seven shillings found in the watercloset three are of 1816 and four of 1853 from the same mould, and here is one of 1855 and one of 1864—these two half-crowns are of 1817 and 1836; that of 1817 is from the same mould as one found in the flower-pot—I will now take the stable coins: here are three florins of 1864 and two of 1866; those of 1866 are from the same mould—none found in the stable are of the same date as any found in the house, but one found in the closet is from the same mould as one found in the flower-pot.
GUILTY .**— Five Years' Penal Servitude.
MESSRS. COLERIDGE and STRAIGHT conducted the Prosecution, and MR. PATER the Defence.
GEORGE RYDER (78 N). On 22nd March, at a little before six p.m., I was on duty in Upper Street, Islington, and saw the prisoner and a woman walking together—they looked in at Mr. Ashford's window a few minutes, and the woman left the prisoner and went into the shop—the prisoner walked on a door or two, and then stopped—the woman came out and joined him, and passed something to him, which he put in his pocket—they walked on together to Mr. Harding's, a hairdresser's, looked in at the window, and she left him and went inside—the prisoner walked on and waited for her, and while he was waiting he put on this pair of kid gloves (produced)—she then joined him and passed something else to him, which he put in his pocket, and they walked to Odell's button shop; they stood looking in at the window, and I passed them and crossed the road—they then turned back, crossed the road, and went through the churchyard—I followed them—the prisoner saw me, and pulled out this paper, a piece of one of Mr. Harding's handbills, which he threw inside the church railings—he ran through the churchyard, and I ran after him—as he passed 3, Church Passage, I saw him throw something down the area, which jinked like money—I followed him into Cross Street, where he threw away a cake of soap on to the pavement—I picked it up, caught him, and took
him to tbo station—I asked him going along what he threw the soap out of his pocket for—he said, "It is mine, I must have dropped it"—I took the gloves off his hands—I found in his pocket this other part of Harding's handbill, these two small images, this skein of Berlin wool, and this lady's collar (produced); also five good five-pound notes, two half-sovereigns, three half-crowns, five florins, four shillings, seven sixpences, and 9 1/2 d., all good, and a watch and chain—I went back to 3, Church Passage; 47 N got over into the area and picked up six bad half-crowns, which he handed to me, three wrapped in one paper, one in another, and two loose—I produce a bad half-crown which I received from Davies, another from Thaine, and another from Ryan.
Cross-examined. Q. Is Church Passage a public thoroughfare? A. Yes—it was not raining, but it had been—I said nothing about the handbill the first time I was before the Magistrate, but I did the second time—I told the inspector I had heard something fall from the prisoner, and the prisoner heard me—I also said so on the first examination before the Magistrate—the inspector and a constable were present when I took the handbill out of the prisoner's pocket, I was in uniform—the address the prisoner gave was quite correct.
GEORGE DUDLEY (47 N). On 22nd March I went with Ryder to 3, Church Passage, got into the area, and found two half-crowns lying loose on the stones, three others in one paper, and one in another paper; one of them was tissue paper, and the other newspaper.
Cross-examined. Q. How soon after the prisoner was brought in were you sent to Church Passage? A. About ten minutes.
MR. COLERIDGE. Q. Did you hear the other constable tell the inspector anything in the prisoner's presence? A. That he saw him throw something into an area, and on that the inspector sent me with him.
JOSEPH DAVIS . I am a china and glass dealer, of Upper Street, Islington—on 22nd March a woman came and bought an image, which came to 6 1/2 d.—she gave me a half-crown and a halfpenny, and I gave her 2s. and put the half-crown in my pocket, there was no other there—next morning I took another half-crown from a lady; and in the course of the day, having to pay a bill, I gave my man the two half-crowns; he brought back one of them bent up, and I gave it to the constable.
Cross-examined. Q. Can you undertake to say which half-crown was brought back bent? A. Yes, the one the woman gave me the previous evening, because I looked at the one I took in the morning and it was good; I did not look at the other because it was a quick transaction, as I had been out in the snow and wanted to get out of the shop.
ALFRED HOPE . I am assistant to the last witness—on 22nd March he sent me to pay a 5s. bill with two half-crowns to Mr. Merrington, who detected one of them and returned it to me—I took it back to my master.
EDWARD WILLIAM THAINE . I am assistant to Mr. Ashford, a hosier, of Upper Street, Islington—on 22nd March, about a quarter-past six, a woman came in for a pair of gentlemen's gloves, which came to 3s. 6d.—they were violet, and were Dent's gloves—I cannot identify these gloves, they have no private mark, but they were like these—she gave me a half-crown and a shilling, which I put in the till—about half an hour afterwards a constable came, I looked in the till and found two half-crowns, one at the top and one at the bottom, and about 30s. between them—I had put no half-crown into the till after I received the one from the woman,
no customer had been in—I gave the half-crown at the top of the till to the constable, and it turned out to be bad.
Cross-examined. Q. How many other persons had taken money? A. Three besides myself, they had given change.
HENRY BRYANT . I am assistant to Mr. Harding, a hairdresser, of Upper Street, Islington—on 22nd March, about half-past six, a young woman came in for a cake of soap—I served her with a pink cake, like this produced, it has a maker's name on it—these two pieces of paper form one of our shop bills, in one of which I wrapped the soap; it came to 6d.—she gave me a half-crown, which I put in the till, and gave her a florin; there was no other half-crown there.
GUILTY .**— Five Years' Penal Servitude.
MR. COLERIDGE conducted the Prosecution.
THOMAS HATCHARD . I am landlord of the John Bull public-house, Old Ford—on 26th February, about a quarter to seven p.m., the prisoner came in for a pint of half-and-half, which came to 2d.—he gave me a shilling—I put it in the till—there was no other shilling there, as I had cleared the till five minutes before, and there was only sixpence and fourpence—I gave him 10d. change, and he left—shortly afterwards I saw my barman take a bad shilling out of the till—there was no other shilling there then—the prisoner came again about a quarter to eleven with two women for a quartern of rum—he gave me sixpence, which I put in the till—the prisoner went outside, and came back and had another quartern of rum—he gave me a sixpence—two gentlemen at the bar said something, and the barman looked in the till and found a bad sixpence—I gave it to the constable with the shilling.
Prisoner. Q. I have a witness to prove I was not there; what time do you say I came first? A. From a quarter to twenty minutes to seven.
MR. COLERIDGE. Q. Have you a clock in your bar? A. Yes—I feel certain about the time.
JAMES WRIGHT . I am barman at the John Bull—on 27th February, about ten minutes to seven, a lad asked me for change for a half-sovereign—I went to the till and found a shilling, a sixpence, and a fourpenny piece—the shilling was bad, and I took it to my master, who took it into the parlour and wrapped it in paper—about 11.30 the prisoner came and asked me for a quartern of rum—he gave me a bad sixpence—I bent it and gave it back to him—he said to the woman, "This is a bad one," and paid me with a good florin—I gave him 1s. 6d. change, and he left with the woman—a gentleman said something to me; I looked in the till and found a bad sixpence—I ran after the prisoner, caught him about twelve doors off, and asked him to come back—he did so—I asked him what he gave my master—he said, "Sixpence"—I asked him where the sixpence was which I had given him back—he said that it was the same one—I said that it could not be, because I bent it and gave him in charge—he then gave me back the eighteenpence.
and a good sixpence, and Mr. Hatchard gave me a bad shilling—the prisoner was there—I charged him, and he said I did not give him any money at all, meaning the barman—I only found a halfpenny on him.
Prisoner's Defence. I was at my landlady's from five o'clock till eight, as my witnesses can prove; I then took an omnibus to go to Old Ford, and therefore could not have been there at seven o'clock. It was a florin I gave for the rum; I had not a sixpence. The 1s. 6d. the policeman has got is the change out of the florin. (The prisoner's witnesses did not appear.)
NOT GUILTY .
MR. COLERIDGE conducted the Prosecution.
LIZZIE LINDSAY . I am barmaid at the Blue Posts, Haymarket—on 2nd April a young fellow with a round hat, who I should not know again, came in for a glass of ale—he gave me a shilling—I put it into the till, where there was no other shilling, and gave him change—directly afterwards Bull came in—I picked out the darkest shilling in the till, bit it, and found it was bad—the policeman took it—this is it (produced).
EDWIN BULL . I am a brass finisher, of Clerkenwell—on 2nd April I was in St. James's Park, and saw the three prisoners together, they seemed to know one another—they were speaking together—I saw Montague take a shilling from a paper and wipe it with his handkerchief—he saw me and put it back in the paper and put his hand in his pocket—they walked towards the Haymarket and I followed them and saw Montague pass something to Humphreys, who went into the Blue Posts—he left and I went directly to the barmaid—Montague was then waiting at the corner, and Harrisson was walking up and down outside—the barmaid showed me a bad shilling—when Humphreys came out of the Blue Posts he joined the woman, and they joined Montague—I followed them and saw Montague give something to Humphreys—I spoke to the police—I followed them to the Two Brewers, in Jermyn Street—Harrisson and Humphreys went in and Montague waited outside—I went in with a policeman, who spoke to the barmaid—I saw Montague taken outside.
Humphreys. Q. Did the barmaid produce the shilling I gave her? A. Yes—I did not state that there were three other shillings in her hand—she produced no other shillings.
JURY. Q. Had you any previous knowledge of either of the prisoner? A. No—I did not spend the afternoon in watching them, only half an hour—I was first attracted by seeing them rubbing a shilling.
EDITH DAWSON . I am barmaid at the Two Brewers, Jermyn Street—on 2nd April Humphreys and Harrisson came in between four and five o'clock for half a quartern of gin and peppermint, which came to 2 1/2 d. Humphreys paid me a shilling, which I put in the till, there was no other shilling in that compartment—there are two bowls there—I was about to give change when Bull came in and spoke to me—I took the shilling out—Bull bit it, and I found it was bad—I had put it in the left-hand bowl.
Harrisson. Q. Did you take a shilling into your hand out of the other side of the till? A. Afterwards, because he said, "Have you any other shilling"—I did not take money out of the till twice—I did not take out all the money.
MR. COLERIDGE. Q. After you had given the shilling to the policeman
did he say anything about having another shilling? A. He asked me if I had got any shillings in the till—I put my right hand in and took them out of the other compartment—there were no other shillings in the compartment in which this shilling was.
LAWRENCE POOL (Policeman 305 A). I was on duty in the Haymarket on 2nd April and saw Bull—in consequence of something he said to me I watched Montague, and saw the other two prisoners join him, they went along Jermyn Street to the Two Brewers—they stopped at the corner, and Harrisson and Humphreys went in, Montague stopped outside; I said, "I shall detain you till they come out"—he made a rush to get away, but I caught him by the sleeve, and he drew me across the street—I said, "If you have done nothing, what do you want to get away for?"—I took him in custody, searched him, and found a sixpence, a fourpenny piece, two threepenny pieces, and fivepence—this shilling (produced) was given me at the Two Brewers—I found on the woman a photograph, the likeness of Humphreys—he said the instant he saw it, "That is mine"—I did not search Humphreys, but a florin and a farthing were found on him—I said to Montague at the station, "Let me see, what is your name?"—he said, "William Cross"—I said, "You just now said it was Henry Montague"—he said, "That is the name I am known in."
GEORGE WILSON (Policeman 156 C). I saw the other prisoner join Montague at the corner of Jermyn Street—I followed Humphreys and Harrisson into the Two Brewers—Bull was with me watching—the barmaid gave me a bad shilling.
Humphreys. Q. How did she give it you? A. I asked her if you had passed anything—she said, "Yes," and produced a shilling—she brought over a till with two compartments, and silver on each side, and said, "That is what money I have got"—she put the bowls on the counter and took a shilling from one of the compartments.
COURT. Q. Was there other silver in that compartment? A. Yes, but I do not know what—Bull picked the shilling up, bit it, and returned it—that was the only shilling the barmaid produced.
Montague. You said, "Pick out the darkest shilling among them"—none of them offered to stir, and you picked it out and bit it.
Humphreys to EDWIN BULL. Q. Did you pick out a shilling from the silver in her hand? A. No; she offered it to me and gave it to me—she had one shilling in her hand.
COURT. Q. Did you bite it? A. Yes, I do not know whether the constable bit it before or after I looked at it.
----GOODWIN (33 C). I have known Harrisson six or seven years and Montague two years—I have had to question him when I have had other people in custody for uttering counterfeit coin—I have seen all the prisoners together, but not very frequently.
Humphreys. Q. I have not been in London three weeks: I have my trade card in my pocket, I came from Brighton: how long ago did you see me with these prisoners? A. It may be a month ago.
Humphreys's Statement before the Magistrate, being put in, was, that Montague spoke to him in the Park and asked for a light, and afterwards gave him some drink in the Haymarket, when the policeman took him.
Humphreys's Defence. If I passed a bad shilling it was not knowingly.
Montague's Defence. I met Humphreys near Spring Gardens. He asked me if I could oblige him with a light; I said, "Yes." I afterwards
met him with the woman, and they asked me to have something to drink. I said, "No; I never drink with strangers, but it is not out of any ill friendship," and turned and left him, and the policeman came up. No man in his right senses would pull out a bad shilling and wipe it in the street with a man a yard off.
Harrisson's Defence. I met this young man in the Park. He asked me to have something to drink; I did so. Bell came in, and the constable said I must go with him.
JURY to WILLIAM WEBESTER. Q. Would not a counterfeit shilling be made worse instead of better by rubbing it up? A. No; because black stuff is put on them when they are put into paper, and they rub it off before they pass them. HUMPHREYS— NOT GUILTY . MONTAGUE— GUILTY .* HARRISSON— GUILTY .** Confined Twelve Months each.
MR. COLERIDGE conducted the Prosecution.
ELIZABETH SWAIN . I am a widow, and live with my brother at the Black Bull, Chaton Street, Westminster—on 4th March, between nine and ten the prisoner came for a pot of beer and gave me a bad half-crown—I bent it and should know it again—this is it—I gave it back to him and told him it was bad; he said that it was not—I tried it again and returned it to him—he said he got it at Willcox's and would take it back—he did not drink the beer—I have no doubt he is the man.
JAMES JOYCE (261 B). I was on duty, and in consequence of something which was told me I found the prisoner lying in a waggon, which was laid up for the night in Black Horse Yard—I do not think he was asleep; I think he was sober—I asked him what he came there for; he said to go to sleep—I felt his pockets and pulled out nine or ten half-crowns, and then twelve more from his breast pocket, done up in paper—I said, "What do you call these?"—he said, "I don't know nothing at all about it"—there were twenty-six altogether, and one was bent—he said he came from Peascod Street, Windsor.
The prisoner produced a written defence stating that two gentlemen gave him some ale on his arriving in London, after which he did not know what he did or where he went, but supposed that they took his good money away and gave him bad for it.
GUILTY .— Confined Eighteen Months.
NEW COURT.—Wedesday, April 10th, 1867.
Before Mr. Recorder.
384. HAROLD HIRST (26) PLEADED GUILTY to feloniously forging and uttering an order for the payment of 50l.; also an order for the payment of 70l., with intent to defraud. Certificates to his good character were put in.— Confined Eighteen Months . And,
385. CHARLES SPIKENS (42) and THOMAS JOSEPH MANNING (32) , to stealing a post-letter, the property of her Majesty's Postmaster-General, Manning having been before convicted. SPIKENS— Five Years' Penal Servitude ; MANNING Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
386. FRANCIS FOULGER (34), CHARLES DOWLING (36), and ADOLPHUS LEWIS (22) , Robbery on John George Bacon, and stealing from his person one watch, his property. Second Count, Feloniously receiving the same.
MR. HARRIS conducted the Prosecution; MR. RIBTON appeared for Foulger, MR. M. WILLIAM for Dowling, and MR. DALY for Lewis.
JOHN GEORGE BACON . I am a private gentleman, and live at Church Street, Islington—on the morning of 5th March, a little after one a.m., I was near the Angel, Islington—I saw a cab, a cabman, and three other men, of whom Foulger was one—I asked for a light; they gave me one, and I said, "If you are going my way I should be very glad to get into the cab and take my share of the expense"—they agreed, and I got in—we went to Packington Street, where I got out and offered to pay the cabman a shilling—they said, "Do not do that; get in again and come and smoke a pipe with us"—I got in again, and was driven down to Whitmore Street, Hoxton, where we all got out, and they told me I should have to pay the whole expense—while I was speaking to the cabman, one of them put his hand into my jacket pocket—I saw there was something wrong, so I paid the cabman and immediately ran off—two of them followed me, I believe Foulger was not one of those—they threw me down, snatched my watch, and ran off—I saw nothing more of them that night, but gave information to a policeman whom I saw on the canal bridge—after going home I went to the police-station and saw the three prisoners there and my watch.
Cross-examined by MR. WILLIAMS. Q. Had you been drinking? A. Yes—I was not very drunk—I confess I had had too much—I must have been one of the first to get out of the cab at Whitmore Street—I cannot remember whether Foulger got out first, but I was certainly not left in the cab—I had never seen either of the prisoners before.
Cross-examined by MR. DALY. Q. Were you sober enough to recollect what passed? A. Yes; I did not sit on the seat, but on the knees of one of them, Foulger's knees I think—my watch was imitation gold and worth 30s.—it was in my waistcoat pocket—I did not offer the cabman my watch—there was a slight dispute, as they wanted me to pay the whole, instead of my share—I ran away directly I paid the fare—they were standing behind me—I suddenly ran away and they ran after me—I was thrown down in the scuffle, and they fell over me—I did say I was pulled down more than knocked down.
Cross-examined by MR. RIBTON. Q. When you asked them to let you ride, did not they say that the cab was full? A. I do not remember what answer they gave, but I remember Foulger telling me to jump in—before the Magistrate, when the case was nearly over, the usher said, "The prosecutor will not sign his deposition, Sir"—I then said, "I do not wish to go on, Sir; I consent to lose my watch rather than go on"—I said to the Magistrate, "Cannot I get out of this?"—he said, "How do you mean?" and I said, "Retire from it"—the Magistrate said, "I do not intend you shall"—I do not know how long I was getting home—I gave my address to the inspector on the bridge.
MR. HARRIS. Q. Are you a stranger in London? A. Yes—the cab-man is not here.
window, and saw a man on the ground and two men on top of him, and another man talking to a cabman, but it was so dark that I could not discern any one—I dressed as quickly as I could and went down—the cabman was then gone—two of the men ran down the street—I saw the man who had been lying down; he was a tall man—he got up and walked up the street, and the other men ran away—I told a policeman—I did not see what house the men went into.
COURT. Q. Did you hear any cry? A. The man made a noise, or else I should not have got out of bed—he hallooed "Murder!" and "Police!"
JOHN BUCKLEY (Policeman 466 N). On the morning of 5th March I heard a disturbance in Whitmore Street, Hoxton, and in consequence of what Barrett told me, I went to 6, Whitmore Street, listened some considerable time, and then heard a voice saying, "You kept a very bad look-out; you very nearly let that man come on top of me"—I did not enter the house then, but went to Church Street, Islington—the prosecutor had not arrived at home—I then returned to 6, Whitmore Street, with Barrett, Barker, and three other constables—Barrett knocked at the door, the window was opened, and Foulger asked who was there—we said, "Police"—he asked what we wanted—we said we wanted to come in, and to come and open the door—it was not opened, but, hearing a scuffle at the back, I forced it open—thinking they were escaping, I rushed up stairs and saw Barrett pick up this watch (produced), which was lying between Lewis and Dowling, who were in a temporary bed on the floor—Foulger was standing in the room undressed—I said, "How do you account for this watch being here?"—they all denied all knowledge of it—I told them they would be charged with violently assaulting a man and robbing him of his watch—they all protested their innocence—on the way to the station Foulger said, "I met this man at the Angel;" I will not swear whether he said the prosecutor asked to ride with them or whether they asked him to come in; "We drove to Whitmore Street, but I know nothing of the robbery"—when the charge was read over at the station Lewis said, "A woman gave me this watch at the door of No. 6, and I took it up stairs"—that is the house where they were apprehended.
Cross-examined by MR. WILLIAMS. Q. Were you present at the police-court? A. Yes, I did hear Lewis say that Dowling knew nothing about it—I mentioned at the police-court the words, "Your sight is very bad, you kept a very bad look-out, and nearly let the man on top of me;" my deposition was read over to me, and I signed it—I noticed no omission—I stated at the police—court that the door was not opened and I heard a scuffle—I have said, "I entered the front room up stairs, the three prisoners were in bed"—that was because another man had been apprehended, but we allowed him to go from the station—these were the only three prisoners before the Magistrate—I said there that the watch was found between Lewis and Dowling in bed—I did not say that these three prisoners were in bed.
Cross-examined by MR. DALY. Q. Was any one present when he said that a woman gave him the watch? A. The inspector.
Cross-examined by MR. RIBTON. Q. Did Foulger say, going to the station, "I know nothing of the robbery?" A. Yes, they all said, "I know nothing of the watch or how it came there"—there were two beds in the room, in one of which were the two men, and the watch was between them; there were four people in the room.
MR. HARRIS. Who was the other man? A. A friend of Foulger's, but they all three said at the station that he was not with them.
WILLIAM BARRETT (148 N). I accompanied Buckley to 6, Whitmore Street; I had seen Foulger and a man named Lewis, I believe, go in there—it is Mr. Dodd's house; I communicated with Buckley, and then went to ascertain whether there had been been a robbery committed—learning that there had, I knocked at the door of No. 6—somebody put up the window and spoke, and a female came to the door inside and asked who it was; we said, "Police"—she said, "I will call my husband"—I then heard a scuffle at the back of the house—we forced open the door and found the three prisoners and another man in the room—Barker followed one of the men up stairs—I turned my light on two men in bed—I found this watch between them, Dowling and Lewis—they all said they knew nothing about the watch—I took them to the station.
Cross-examined by MR. DALY. Q. Was the watch lying on the counter-pane? A. Yes, outside.
JAMES BARKER (141 N). I went to 6, Whitmore Street, got over the back of the house, and when Buckley knocked at the front door Foulger came to the back and was going to the water-butt, but he saw me and ran back—I ran in and he chucked something on to the bedclothes—he put up the window, and I called out to the constables below, "He has thrown something out"—that may have been the chain, as it has never been found—I heard Lewis say at the station that a woman gave it to him.
Cross-examined by MR. RIBTON. Q. He did not throw the watch out? A. No—he might have dropped it on the bed as he was going over.
The Court considered that there was no evidence against DOWLING— NOT GUILTY . FOULGER and LEWIS received good characters— GUILTY on the Second Count .— Confined Six Months each .
NOT GUILTY .
MR. WILLIAMS conducted the Prosecution, and MR. RIBTON the Defence.
WALTER HUTLEY (32 D). On 22nd February, about eleven o'clock p.m., I saw a Hansom cab standing without a driver outside the Western Stores—the prisoner came out while I was making inquiries, and I asked him if he was the driver; he said, "Yes"—I asked him where his metal ticket was—he said that he had none, as he was not out for a job—I asked him if the cab was his—he said, "Yes"—I asked him who he was driving for—he said, "Mr. Buscall"—he was not sober.
Cross-examined. Q. Where was this public-house? A. In Oxford Street—I took him in custody—he did not say he had had a fare, but the horse was very warm.
WILLIAM BUSCALL. I am a cab proprietor, of 10, Somer's Crescent, Euston Square—I received information from Hutley, went to Marlborough Street Police-station after twelve o'clock at night, and identified my cab and horse, which I had seen safe at eight o'clock—the prisoner has done odd jobs for me—I gave him no authority to use it—it was in charge of Mr. Cook, my horsekeeper.
Cross-examined. Q. How long hare you known him? A. Six months
—I met him at the cattle market that day—I bought two horses and showed them to him—I do not recollect asking his opinion on them—I had some drink with him—I asked him to help the other man to trail the cart and harness home, and I started him and walked home—I got home about seven, and the cart and harness were there—I saw him again that evening—I put one of the new horses into the cab—I did not drive four in it to a public-house, because it is a Hansom—I drove it to Guildford Street—Cook is one who was in it—I do not think the prisoner was in it—I think he was standing on the spring, he went with me—I then went into a public-house about eight o'clock, but was not there above fire minutes, and he drove the horse and cab away from there without asking me anything about it—I did not tell him to drive the horse up and down to keep him warm—while I was drinking he drove the cab away without my knowing anything about it—when I drove that Hansom cab there were four of us, with myself, in and upon it; one was on the springs, but I cannot say who, and two were inside—I have not told the prisoner's friends or mother that I should not object to take him into my employ again—I was not drunk, nor was he—he did not go inside the bar—I do not know a Mr. Flowers—I did say in the Court, when I first went, that I did not think he took it to steal it.
MR. WILLIAMS. Q. Did you then know of the evidence of Frederick Hall, whom he had offered it to? A. No.
WILLIAM COOK . I am Mr. Buscall's horsekeeper—he left the horse and cab in my care and went into a public-house in Guildford Street—I then left the prisoner with the horse and cab and went in—I came out in ten minutes, and the prisoner and horse and cab were gone—I had not given him authority to take them.
Cross-examined. Q. I suppose you had had a good deal to drink that night? A. No—the prisoner might have had a glass of beer, but he was quite sober.
FREDERICK GEORGE HALL . I am a carver and gilder, of 31, Orchard Street, Portman Square—I was in the Western Stores, 297, Oxford Street, at a quarter to eleven o'clock—the prisoner came in and offered to sell me a horse and cab for 3l.—I said that it was a very cheap lot, and went to the window to look at it—a policeman looked in at the door—I then asked him who belonged to the cab, and he was given in custody.
Cross-examined. Q. Was he very drunk? A. He was drunk—I asked where he came from—ho said that he had a fare from Guildford Street.
GUILTY .— Confined Nine Months.
MR. MOODY conducted the Prosecution, and MR. PATER the Defence.
GEORGE MAYALL (446 N). On 28th March I was in Lee Bridge Road about half-past nine p.m., and met the prisoner with a bay mare—he asked me the way to Kingsland—I directed him, and, finding he did not go the way I directed him, I stopped him, and asked him where he brought the mare from—he said he did not know the name of the place nor the man's name whom he brought it from; that he met a man on London Bridge about four o'clock in the afternoon, who asked him if he wanted a job, and employed him to go into the country to bring up a mare, and would pay his expenses down by rail and go with him, which he did to some station in the country, and they then walked some distance to a public-house, where
he left him, and told him to remain there till he came back, and came back in about an hour with the mare, which he told him to take to Kingsland Gate, and most likely he would meet a man in Lee Bridge Road, who would take the mare from him and pay him for coming down, and that if he did not meet him he was to take the mare to Mr. Watson, of Alpha Cottage, near Kingsland Gate—I asked him if he knew the man's name he went down with—he said, no, and that he never saw him before, but that he should know him again—I did not believe him, and took him to the station—I made inquiries at Kingsland, and took this paper, which the prisoner gave me, "Mr. Watson, Alpha Cottage, Kingsland Road, over Lee Bridge, or Buckhurst Hill"—I found no such person at Kingsland or at Buckhurst Hill—Mr. Smith identified the mare in the green-yard a week afterwards—the prisoner gave his address at the station, 61, Peter Street—he first said Wood Street, Hoxton, but that was untrue—where I met him was seven miles from the prosecutor's house.
Cross-examined. Q. Were you in uniform? A. Yes—it was on Lee Bridge Road he asked me the way—there are not three roads there, only two.
SIDNEY SMITH . I am a tin-plate worker, of Loughton—on 28th March I missed a bay mare which was feeding at my place—I found her at the green-yard, Hackney—I had been offered 9l. for her—I do not know the prisoner, and did not give anybody authority to take the mare.
The Prisoner's statement before the Magistrate was, that he was employed by a man to bring the horse to town. He received a good character.
NOT GUILTY .
MR. POLAND conducted the Prosecution, and MR. COOPER the Defence.
HENRY TIBBETTS . I am a rent collector, of 139, Cheapside—on the night of 4th of March, about 10.30, I came from the London Bridge Station—I was wearing a gold watch and chain, and carried a black leather bag containing papers and books—I was on the Fishmonger's Hall side, going towards the city—when I got near the steps leading down to Thames Street I was hustled by three men—my watch was snatched and my bag taken from my hand—I was struck down the steps and thrown down—the prisoner was one of the men—he struck me under the jaw, snatched my bag, and ran away with it—my chain was broken, and the man who took it went down the steps—two of them ran up King William Street—I immediately recovered myself, got up, and ran down the steps into Thames Street, and called "Police!" and "Stop thief!"—I lost sight of the prisoner, and he got away—I turned up towards Crooked Lane, went up the steps again, and there found the prisoner in custody—I am sure he is the man, because he is the only one who stood in front of me—I saw his face—I saw my bag at the station—this is it (produced).
Cross-examined. Q. Were you somewhat alarmed? A. Yes—I was taken off my legs directly—it was not darker there than at other parts of the street—there was no gaslight directly over my head—I do not know whether the man in front of me had a hat or a cap, or what his dress was.
MR. POLAND. Q. How do you speak to him? A. By his face—I had not time to look at his clothes.
GEORGE HERBERT (807 City). I was coming over London Bridge in plain clothes about 10.30, and when I reached the steps on the other side of the bridge I saw three men on the opposite side, surrounding the prosecutor—they hustled him down the steps—I crossed over, but before I reached the opposite side the prisoner and one of the men ran up the steps in the direction of Gracechurch Street—the prisoner was carrying this black bag (produced)—I saw the prosecutor lying on his back on the steps, making a moaning noise—I pursued the prisoner through several streets—he threw the bag away in Arthur Street—he then turned down Fish Street Hill, and then into Thames Street, so that he took a regular circuit to the same point from which he started, only he came to the top of the steps instead of the bottom—I caught him there—the prosecutor came up directly and complained that he had lost his watch and chain and bag—I took the prisoner to the station—Tibbetts said, "I will swear to him as the person who knocked me down"—while the charge was being booked the prisoner said, "I took the bag, but know nothing of the watch and chain."
Cross-examined. Q. Did not he say, "I picked the bag up, but I had nothing to do with the prosecutor?" A. No; he did not say, "I took the bag up off the ground."
GEORGE MACE . I am a sculptor, of Artichoke Hill—on 4th March I was near Arthur Street, and found this black bag in the middle of the road close to King William Street—two gentlemen in a gig stopped—I spoke to them—they took the bag and gave it to a policeman—I went with him to the station—I do not know the prisoner.
The Prisoner's Statement before the Magistrate:—"I own I took the bag from off the steps, and the prosecutor ran down the steps after the man who took his chain. This young man (Mace) was with me."
The prisoner received a good character.
GUILTY .— Confined Twelve Months.
MR. POLAND conducted the Prosecution, and MR. STARLING the Defence.
THOMAS SUMMERS . I live at 33, Cold Harbour Street, Hackney, and am a pensioner, formerly in the army—I am a shoemaker—on 4th March I went with Thomas Smith to Tower Hill, to receive my pension—we both received our pensions, and then went to the Czar's Head, between four and five o'clock—we had a little refreshment—the prisoner was there, and another man whom I do not know—the prisoner said he was very hard up, and asked me to relieve him—I spoke to Smith, and then gave him some bread and cheese and beer—they both partook of it, and I paid for it out of 17s. 6d.—I had 16s. left in my pocket—when I got outside the prisoner knocked me down, put his hand in my pocket, and took the 16s.—I fell on the kerb and broke my arm, and have been attending the hospital for five weeks—the prisoner walked away, but was pursued and brought back in custody in ten minutes or a quarter of an hour—I was lifted up, and charged him with knocking me down and robbing me—he denied the charge, and said that my friend Smith had my money—I went to the station, and charged him—I was sober, and so was Smith.
Cross-examined. Q. Was there any quarrel at the public-house? A.
No—I did not strike the prisoner, nor did Smith—we were not all pushed out—I walked out first and Smith next, and then the prisoner came—I had no words with the prisoner about fighting—Smith was not there the whole time—if he says that there were words about fighting I think he is wrong—I will swear that there were no words about fighting with the prisoner or anybody else—when the prisoner was brought back I was insensible, I had broken my arm and had two black eyes—I was sensible when the prisoner came back, but cannot say what he said—I cannot say whether he was drunk.
THOMAS SMITH . I am a watchman at 113, London Wall, and am an old soldier—I received my pension at Tower Hill on 4th March—I was with Summers at the Czar's Head—we were both sober and went there together—the prisoner came in while we were there, and had a pot or two given him by Summers and me—when we went out he and his companion followed us, and I saw the prisoner knock Summers down on the pavement—I went to pick him up, and saw the prisoner put his hand in Summers's pocket and bring it out clenched—after that the prisoner told me that I had robbed Summers—that was when Summers was on the ground—I, told him I had not, but that I thought he had—he then put his hand into my pocket and got hold of my purse, but I wrenched it from him, and he forced me against some iron railings—I assisted Summers up; he was not sensible—I saw the prisoner brought back ten minutes afterwards in custody—I saw no fighting before Summers was knocked down.
Cross-examined. Q. What beer had you and Summers had? A. A couple of pots between us, and I believe the prisoner had two pots—there were no words about fighting inside the public-house, or any words that I know of—I was examined before the Magistrate—I do not remember saying, "I believe there were a few words about fighting"—I will not swear I did not—there were none that I know of—the prisoner boldly came up to Summers and knocked him down, there were no words—Summers only fell once—he did not strike the prisoner in my presence, and I was there the whole time—the prisoner did not say that I had picked up a half-sovereign of the prosecutor's off the pavement—he said that I had robbed him, and had got his money—I was quite sober; I had been into no other public-house that day—I was in the Czar's Head perhaps two hours, drinking and talking at the bar all the time—there were lots of persons with the prisoner, but whether they were friends of his I cannot say—if anybody says that there was a fight in which Summers struck the prisoner, I know nothing of it.
MR. POLAND. Q. Did you see any fight outside between the prisoner and the prosecutor? A. No—we stood treat to the prisoner, and I believe he gave some to his companions.
JOHN FRANCIS TOY . I am a seaman, and live at 24, New King Street, Deptford—I was passing the Czar's Head, and saw a bit of a confusion outside the door—I stepped across and saw the prisoner withdraw his hand from Summers's pocket, who was on the ground—I walked away—he came back again and accused Smith of robbing Summers, took hold of Smith, and forced him into the corner of a gateway, put both his hands into Smith's pocket, and attempted to rob him of his money—he then crossed and conversed with two companions on Tower Hill, then he crossed from the Tower to the railings—I looked round and saw Smith among the people, and the prisoner in the middle of them public-house—out to a constable, who brought him back to outside the public-house—
Smith accused him, and he was taken to the station—I did not see any fight, but Summers was knocked down by the prisoner.
Cross-examined. Q. You do not know whether the prosecutor struck the prisoner before that? A. No—he was in a leaning position, stooping over him—he walked away—I did not attempt to stop him—he only went to the public-house door—I heard the prisoner say at the station that Summers had struck him first, and he knocked him down in self-defence.
MR. POLAND. Q. Did you know Summers or Smith before? A. No.
EDWIN SAMSON (City Policeman 726). I was called to the Czar's Head, and saw Summers on the ground much exhausted, and Smith standing close to him—I went to Tower Hill, and the prisoner was pointed out to me by Toy, standing by the irons of the Tower Ditch—I beckoned him with my finger, and said, "I want you"—he said, "I know a little about it; I struck the man, and will do it again"—he said that he did not rob him, but Summers swore that; he was the man who robbed him—I took the prisoner to the station, searched him, and found fourteen pence in copper—he was quite sober—he gave his address, 1/1/2, Mint—Summers and Smith were both sober.
Cross-examined. Q. Do you know the prisoner? A. I have seen him about, but know nothing against him.
The Prisoner's Statement before the Magistrate:—"I am innocent of taking the money; I hit him because he hit me first."
Witnesses for the Defence.
ANN WATSON . I live at 26, Cornwall Street, Chelsea—on 4th March I was passing the Czar's Head, and saw the prisoner there—he is an entire stranger to me—he came out of the public-house door, Summers hit him, and he came on to his hands and knees—he got up and asked Summers what he did that for—Summers told him he would fight him, and they did fight—they had several fights together, and struck each other several blows—they got up twice and fought again, and both fell down again—they both fell twice and got up again, and the third time they fought I saw the man fall under the prisoner, and heard the people say, "Oh! He has hurt his arm," and me and my friend walked away—I read the case in the paper, and, as I was passing here on business, I thought I would come in and see what sort of a place it was.
COURT. Q. What place? A. Newgate—I saw the wife crying, and asked her what was the matter—she said that her husband was locked up—I asked her what the case was, and when she named it I said that I saw them fighting, me and my friend.
Cross-examined by MR. POLAND. Q. Is your friend here? A. Yes, she happened to be with me; we were both together passing the Court on Monday morning, about twenty minutes to eleven—we had both come from Chelsea—she is a traveller, and she came up to London to buy stock—it was in the place down below that we saw the wife crying—I had read the case in the paper, and it was my object in looking in because I saw that was the fight I had seen—I did not go to the police-station that day, I read it in the paper three weeks or a month back—they fought several times; I did not notice whether there was a scratch or a mark on the prisoner—I saw him cross the road—I was not there when he was brought in custody, I walked away—I went to Tower Hill that day with my friend, who had to see a pensioner who owed her a little money, as she told me—my husband is a file-cutter, and lives in Cornwall Street—he lives there
now—he has a place of business of his own, he works in the Borough for Mr. Smith—we have been married six years on 23rd November last, and have lived there eight months—I saw one man interfere when these men were fighting, it was a man with a fair moustache; I saw him holding the prosecutor's coat and hat—the prosecutor had his coat off, but he had another underneath—I do not know who the fair man was, he was very tipsy.
COURT. Q. Have you seen him here to-day? A. Yes, in Court—that is him (Smith); he was very tipsy.
MR. POLAND. Q. Did your friend get the money from the pensioner? A. No, we missed him through looking at the fight—I do not know his name, she did not tell me—we went to the gates at Tower Hill to look for him—I did not know the prisoner or his wife before.
MR. STARLING. Q. What did you read in the paper; was it the account of the trial at the police-court? A. Yes, it was in the paper that the prisoner was committed for trial, and I said to my friend, "That is the fight we saw."
ELIZABETH LONGTHORN . I am the wife of William Longthorn, a stocking weaver, who is at Nottingham at present—I am living at Fulham, against the almshouses—I do not live in London regularly, I have only come up on business—I was with Mr. Watson in Tower Street on 6th March on business—I came up on purpose to get some goods to go out to hawk to get my living by—I saw the prisoner come out of a public-house, and the man with a broken arm struck at him and knocked him on his hands and knees—the prisoner got up and asked him what he did that for—he said, "You b—, I will let you know," and they got to fighting—the prosecutor fell—they fought several times, and both fell together—I heard some people say that his arm was hurted, and I passed on home—I never saw the prisoner before in my life.
Cross-examined. Q. How long have you lived at Fulham? A. Three months—I live with Mrs. Jackson, at No. 10, against the almshouses; it adjoins Chelsea—I have known Mrs. Watson a few weeks—I went to Tower Hill to get some goods to get my livelihood—I came to town on purpose—I bought some brooches and earrings at a place in Shoreditch—I had not bought them when I saw this transaction—I went by Tower Street to Shoreditch to buy the earrings—I did not buy the earrings, but I did business—I bought the earrings at a wholesale shop in Shoreditch—I cannot exactly say the name of it or the name of the person—I am no scholar, and I have not been there many times—I bought a few dozen brooches and a few dozen earrings, and gave half a crown a dozen for them—I paid 7s. 6d. for the brooches, and I bought a dozen earrings—when we left the public-house, the prosecutor laid on the ground—I did not take notice whether there were any scratches on him—my friend had the newspaper on Sunday, and she read it, and asked me on Monday morning if I recollected the fight—she was then in the street coming down to where I am lodging; she was going towards Chelsea, and I was coming towards London—she said, "I believe there is the case I have read in the papers about the fight we saw in Tower Street; shall we go up and look and see whether we can see anything of the wife and the two children?" and we came here together from the street where we had the conversation.
COURT. Q. What happened? A. We were looking round, and in time we saw the wife; we knew her, because she was talking about her husband
being in trouble, and we said that we were going up Tower Street at the game time; she was crying, and said she had got two little children. Q. But you knew that before, and you came up to see the wife and the two little children? A. Yes, and we came up together, but I did not know anything about the wife and children; Mrs. Watson said that she read it in the paper on the Sunday.
MR. POLAND. Q. Was that the only business you had in town? A. Yes, and that is all I can say; it is no use axing me to tell a story—all I came to town for was to go and buy those things—I did not go to look after a pensioner to get any money.
GUILTY .— Confined Eighteen Months.
JOHN LACEY (Policeman 110 N). On 22nd March, about four o'clock, I was on duty in the Hackney Road, and saw two men running down the street—I saw the prisoner come out of No. 29—I followed him and took him in custody—I asked him what he had been doing, and where he came from—I heard shouts of robbery, knocked at the door of No. 29, and found there had been a robbery by three men—I told the prisoner I should take him to the station—on the way he struck me several blows on the head with a piece of iron ten inches long—I became senseless and he escaped, but was apprehended by another constable and brought to the station—I am sure he is the man; the instrument was not found—here is my helmet where he cut it.
Prisoner. Two other men hit him, and he fell down and I ran away.
WILLIAM LOCKER (Policeman). I was on duty in the Hackney Road, and saw the prisoner running; I stopped him and asked him what he was running for—he said that he had had a few words with his wife, gave her a smack, and had to run away—I had a struggle with him, he got away once, and I took him again—I found on him a screw driver, four keys, some matches, and two coats, which were identified—the house No. 29 had been opened by the outer door, on which I found marks of a screw driver.
JAMES CLEWIN GRIFFITH . I am a surgeon—I saw the prosecutor at the station, and found a contused wound in his forehead, and a small wound on the top of his head, made after the helmet was knocked off—one was two inches long, and was rather a severe wound.
Prisoner's Defence. I plead guilty to being concerned in the robbery, but as to knocking the constable about, I never did.
GUILTY .— Five Years' Penal Servitude.
394. EDWARD KENNEDY (17), CHARLES BROWN (16), GEORGE THOMSON (18), and GEORGE DAVIS (18) , Stealing 981b. of lead fixed to a building, the property of the Mayor and Common-wealth of the City of London, to which THOMSON** and DAVIS PLEADED GUILTY .— Judgment respited.
MR. POLAND conducted the Prosecution, and MR. M. WILLIAMS the Defence.
SARAH MATTHEWS . I have been living with a man named Godfrey for fourteen years, and passing as Mrs. Godfrey, because I could not get married—I had charge of 18, Fleet Lane, for about four months for the
Corporation, and lived there—I had a neighbour in the house with me, but she was not in—on Saturday evening, 30th March, the children made a statement to me—I went to the back premises up a pair of stairs, and saw three men on the roof—my children began to cry, and I stood on the bottom stair; I could not get up—the prisoner Brown then jumped from the roof through a trap door, and threw me down one flight of stairs on the ground-floor, through some broken stairs—Kennedy then jumped off the roof through the broken stairs on to the top of me—Davis then jumped down the same way; I caught hold of him by his coat and tore it—they went through the way they had come in, and where they had drawn some bricks out of the wall, and went away—I gave information to the police—about a quarter of an hour afterwards there was a mob at the door, and I saw these young men running down Field Lane with caps alike; one of them went into a coffee-shop, and when I came back I saw Kennedy coming out of a public-house—"I said, "That is the young man that was on the house"—I gave him in charge; and when I came back from the station a mob still came round the door, saying it was a shame for me to lock an innocent boy up—I sent for an officer—Brown then ran into a lodging-house next door to me—I took the officer there, and said, "You take that young man in charge"—I am quite sure Kennedy and Brown are the two persons; I saw them with the lead in their hands, rolling it up.
Cross-examined. Q. What time was it? A. About a quarter-past six—they had got four tiles off—Thompson may have been down in the back place, but I never saw more than three—the only one who was given in custody afterwards was Kennedy—I believe the other two gave themselves up.
FRANCIS RUSSELL (City Policeman 320). I took Kennedy in Field Lane, Mrs. Matthews gave him in charge—I told him the charge—he said he knew nothing about it—I took him to the station, and he said if the inspector would let him go, he would find the boys who did do it, but he had only just left work; it was then about half-past six—I went on to the house next door, and found 981b. of lead rolled up; some of it was cut away from the gutter, and was projecting from the window.
JAMES ALFRED LAMMAS (City Policeman 324). I took Brown about eight o'clock on 30th March, Mrs. Matthews gave him in custody—going to the station he said, "I know nothing about it; I suppose I shall get two months for this innocently, the same as I got for the watch"—I examined the roof and found two pieces of lead had been cut from the parapet—here is a large piece outside here, which weighs 981b.
Brown. I did not get the two months for stealing the watch, only for loitering.
WILLIAM HENRY BERRY . I am clerk to Mr. Pulling, the agent for the Corporation—I took possession of this house under the Holborn Valley Improvement Act, and left Mrs. Matthews in it to take care of it.
EDWARD BRETT (City Policeman 322). I was at the station when Thompson and Davis gave themselves up, about twelve o'clock on Friday, 4th April—Mr. Kennedy, the father of one of the prisoners, came with them.
Cross-examined. Q. Did the two boys give themselves up, and say that they were on top of the house? A. They did.
Witnesses for the Defence.
left twenty minutes afterwards, at seven—I am quite sure the boy worked with me twenty minutes after Lynch came.
Cross-examined by MR. POLAND. Q. What are you? A. A journey-man tailor, of 26, Seacoal Lane—I cannot tell you the distance that is from Seacoal Lane, or how long it takes to go from one place to the other—I have not measured it—I cannot say whether it would take five minutes—Seacoal Lane is in Fleet Lane, Old Bailey, two doors up—Lynch is a coal dealer—he lives in Fleet Lane—I know my son worked twenty minutes after he left, because I looked over what work he had done, and that would take about twenty minutes—he was at work all day on Saturday, at the same coat that I was making—he has been working for me three years—I met the other two prisoners in Clare Market, and they went with me to the station.
Cross-examined by MR. WILLIAMS. Q. You did not induce them to go to the station? A. No—Thompson heard my name, and he said he felt miserable, because my son was in custody for what he had done, and in consequence of that he went with me to the station—I was examined before the Magistrate.
ROBERT LYNCH . I keep a coal shop at 50, Fleet Lane; on Saturday evening, 30th March, I was with Kennedy's father at twenty minutes to six o'clock—the prisoner Kennedy was at work with his father on the board—I left him there at work.
Cross-examined. Q. What were you doing there? A. I took some coals in—I can go from Kennedy's father's house to 18, Field Lane, in ten minutes—I dare say I could do it in five if I was to try.
GEORGE THOMPSON (the prisoner). I have pleaded guilty to this charge; Kennedy was not with me; I met his father in Clare Market, and said, "I am very sorry your son is locked up for me, and if you like I will come and give myself up."
Cross-examined. Q. Were you on the roof? A. Yes, with Davis and his brother—Brown was not on the roof—we arranged to go on the roof on Saturday afternoon, and were there about an hour—I assisted in cutting the lead, and I shoved Mrs. Matthews up against the wall—it was not Davis, it was me who came down first; Davis came down second—I did not shove her down the stairs—she was not shoved down at all—she tried to strike us with a broom, and I pushed her against the wall—I do not know where Davis's brother is—neither Brown nor Kennedy was there—I was about Clare Market after the robbery—I have got no home; I sleep in a casual ward—I know Brown and Kennedy by sight—Kennedy is not a friend of mine—I know his father, by seeing him—I used to live in Fleet Lane—I used to play with Kennedy, but not lately, because I moved away from where I lived—I have been several times in trouble—I had three months in 1862 for stealing a purse, and on 6th December I had twenty-one days, I think for stealing, and on 18th April I had fourteen days—I do not know what it was for; it was something at the casual ward—Davis was with me in Clare Market—no one told me to go and tell Mr. Kennedy—I saw him and said, "I am very sorry, Sir your son is in prison through me, and I will go with you to the station, if you like, and give my-self up," and did so with Davis.
Brown. Davis can prove that I am innocent.
THIRD COURT.—Wednesday, April 10th, 1867.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and GRAIN conducted the Prosecution.
ANN KELHAM . I keep a stationer's shop at 7, Cullum Street, City—about 11 a.m. on 2nd March the prisoner came for 12s. worth of postage stamps—I counted them—he gave me four sixpences and a half-sovereign—I saw the half-soverign was bad and told him so—he said, "Oh! I will go and get it changed," and I gave it him back—he did not came back—I am sure he is the man.
JULIA MARY KNIPE . My husband keeps a fishmonger's shop in Leadenhall Market—about eleven o'clock a.m. on 2nd March the prisoner came and asked for a pound of salmon—he gave me a half-sovereign—I thought it did not look good, and said to my husband, "Have you got change?"—I gave it to him—he said to the prisoner, "Who sent you for the salmon?"—he said, "A gentleman"—my husband bent the coin, and the prisoner was given in charge of the beadle.
BENJAMIN KNIPE . I am the husband of the last witness and keep a fishmonger's shop—the prisoner came there about eleven a.m. on 2nd March, and asked for a pound of salmon—I cut him off a piece which weighed a pound and a half—my wife gave me this coin, which I bent between my thumb and finger—I asked him where he got it from—he said, "From a gentleman outside"—I said, "We must see where this gentleman is"—I called in Rawson, and we took the prisoner out to find the gentleman, but could not, and he was then taken to the station—on the way we passed Mrs. Kelham's shop, and she at once recognised the prisoner—my shop is about fifty yards from hers—I gave the coin to Rawson.
GEORGE RAWSON . I am a beadle in Lime Street ward—about eleven a.m. on 2nd March I was called to the last witness's shop—Mr. Knipe said, "Look what this man has brought me for a pound and a half of salmon at 2s. 6d. a pound"—I said to the prisoner, "Where did you get it from?"—he said—"A gentleman gave it me just round the corner"—we went to look for the gentleman, but could not find him—Mr. Knipe gave him in charge, and I took him to the station—the coin was then handed to the inspector.
RICHARD MCQUEEN (City Police Constable 805). About eleven o'clock on 2nd March the prisoner was given into custody charged with uttering a counterfeit half-sovereign—I produce the coin—it was given to me by Mr. Knipe at the station—the prisoner gave his address at No. 8, Kent Street, Borough, but he is not known there—he stated at the station that a gentleman had given it to him, to purchase some salmon.
The Prisoner's Statement before the Magistrate:—"A gentleman sent me for some salmon, but Mr. Knipe would not let me get away to find him."
GUILTY .— Confined Twelve Months.
MESSRS. CRAUFURD and GRAIN conducted the Prosecution.
26th March the prisoner came between six and seven in the evening—he sorted out some pieces of bacon, that came to 5d. and tendered me a shilling, which I tried and found to be bad; it bent very easily—I broke it—I gave it him back, he looked at it and then put down a half-crown, which I tried and found to be bad—he said he had taken it in change for half a sovereign from a conductor at the Royal Oak—I called in a constable and gave him in custody—I believe the prisoner swallowed the broken shilling, as I saw him put his hand to his mouth and I heard something rattle.
ROBERT WENSLEY (Police Constable 36 F). I was called to Mr. Wright's shop, and there the prisoner was given into my custody—Mr. Wright gave me this half-crown (produced)—I asked the prisoner where the shilling was—he made no reply—I searched him, and found 17 1/2 d. in coppers, but could not find the bad shilling—I opened his mouth but it was not there—at the station he said he had received the half-crown in change for half a sovereign from a conductor at Islington—he gave his address at 53, Fetter Lane, which is a nightly lodging-house—I went there, but no one knew anything at all of him.
Prisoner's Defence. I had been to Paddington to see a friend, and I changed a half-sovereign with a conductor—I went there to pay a shopmate 2s.—I was not aware that any of the money was bad—it is not likely I should have tried to pass two bad coins if I had known it.
GUILTY .— Confined Six Months.
MR. NICHOLSON conducted the Prosecution, and MR. M. WILLIAMS the Defence.
NOT GUILTY .
MR. COOPER conducted the Prosecution, and MR. DALY the Defence.
GUILTY .— Confined Twelve Months.
MR. POLAND conducted the Prosecution.
JOHN CONSTABLE . I am a dairyman, and live at 17, Carthusian Street—the prisoner is my son—on Saturday afternoon, 16th February, he met me in Goswell Street, and followed me about for half an hour—he asked me what I was going to do for him—I told him I should give him nothing—he said he would follow me and show me up to all my customers—I gave him in charge to constable Mitchell for following me and threatening me.
Prisoner. Q. Did I threaten you? A. You threatened to show me up to all my customers—I do not wish to hurt you in the least if you would only be peaceable.
----MITCHELL (Policeman 286). The prisoner was given into my custody by the last witness, about a quarter to four on 16th February, in Aldersgate Street—I told him he would, have to go with me to the station—he said, "What! be taken by a b—like you?" and struck me in the chest with his fist; he closed on me and we both fell to the ground—I held him until I got assistance from another constable, and we then
tried to take him to the station—he was very violent, frequently kicking our legs and throwing us down—Crouch and McKeogh came to my assistance—I saw him kick Crouch in the lower part of his body and McKeogh in the temple—he kicked Crouch while he was in the act of strapping his legs—I think it took six of us to get him to the station.
DANIEL MCKEOGH (Policeman 270). I assisted in taking the prisoner—when I got to Long Lane he was laying on his back, and two constables were holding his arms—he kicked me with his left foot in the temple and I fell—I was advising him to walk to the station quietly—he said, "Take that, you b—," and kicked me—he afterwards kicked me in various parts of the body and on the left jaw—I saw him kick Crouch in the lower part of his body—we had to strap him on to a stretcher, and even at the station he was so violent that we had to put handcuffs on him.
WILLIAM CROUCH (Policeman 269). On this Saturday afternoon I saw Mitchell and McKeogh trying to take the prisoner in custody—I assisted—I knew the prisoner, aud said, "Now, Constable, come along with me quietly"—he said, "No, so help me God, I don't; I know I shall have six months"—I said, "That is nothing at all to do with me," and caught hold of him to assist the other two constables—we had got a little way when he threw both his legs underneath the wheel of a waggon and called out, "Gee up!" to the horses—we got his legs from there, and had got a little further when he kicked McKeogh and Mitchell, and they both fell—I caught hold of him by the hair and pulled him down to the ground—I took off my belt and gave it to a man named Wilson to strap his legs with, and as I was standing over him he kicked me in the lower part of my body—I called out "Oh!" and said, "You villain, will you kick me there again?"—we took him to the station, and afterwards I went to the hospital, where I was confined from 16th February to 4th March—the kick caused me great pain; I was unable to pass water—after 4th March I was out-patient for a week.
COURT. Q. Have you recovered now? A. I do not feel much of it—I feel it sometimes slightly.
DANIEL WILSON . I am in the employment of Messrs. Harrild and Sons, of 29, Farringdon Street—I was passing Aldersgate Street when this affair took place—I saw the prisoner when Mitchell had first charge of him—he was very violent indeed—he threw his legs under a cart and said, "Drive on and cut my b—legs off"—Crouch gave me his belt to strap his legs with—I saw him kick Crouch—he seemed more like a mad-man than anything else.
RICHARD BOND MOORE . I am one of the house surgeons at St. Bartholomew's Hospital—Crouch came there on the evening of 16th February, suffering from paralysis caused by external violence—he was unable to pass water for about three days—he suffered great pain, and if the bladder had been full when the blow was given it would probably have been fatal—I do not think he will suffer permanently from it; he is nearly right now.
The prisoner produced a written defence, stating that he was greatly exasperated, by his father refusing to do anything for him, and still more so when he was given into custody. He expressed his sincere regret for what he had done.
Witnesses for the Defence.
been a peaceable, quiet, and steady young man, unless he was very much exasperated, and then he would perhaps show a little temper—in general he was peaceable and quiet.
Cross-examined. Q. Has he not been bound over to keep the peace? A. I believe he has—it was for six months, and I am aware that that time has not yet expired—I am not related to him, but I formerly lodged there, and have known the family for many years.
GUILTY .— Confined Nine Months.
401. GEORGE WILLIAM RICHARDS (20) , to three indictments for feloniously forging and uttering cheques for 9l., 5l. 10s., and 3l. 11s., with intent to defraud, having been before convicted.— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
OLD COURT.—Thursday, April 11th, 1867.
Before Mr. Baron Channell.
MESSRS. POLAND and BESLEY conducted the Prosecution.
GUILTY .— Ten Years' Penal Servitude.
MR. NICHOLSON conducted the Prosecution and MR. DALY the Defence.
NOT GUILTY .
MESSRS. DALY and NICHOLSON conducted the Prosecution, and MESSRS. BESLEY and STRAIGHT the Defence.
ELLEN RIOSN . I am married, and resided at 7, Emily Place, in the same house as the prisoners and their deceased child—I occupied the front parlour—the prisoners had the room over it—I was not in the habit of visiting the child—I only saw it twice—I saw he family on the night of the child's death, but I knew nothing of them—I saw the prisoners in passing through—the last week in December, I think it was, the deceased child came into my room about half-past six in the morning—I heard a peculiar rustling noise and lighted a candle, and underneath the bed in the centre of the room the child was crouching—it looked very thin and emaciated—it was in its night-gown—he spoke to me. [MR. BESLEY objected to any statement made by the child in the absence of the prisoners. MR. DALY proposed to use it as showing the state of health of the deceased, and referred to a ruling of MR. BARON ALDERSON. in Reg. v. Johnson. MR. BARON CHANNELL was clearly of opinion that the evidence was admissible, upon the ground taken by MR. JUSTICE COLERIDGE in a similar case, not as a statement, but as an act: a complaint of hunger was an act, and, though the particulars of the statement might not be receivable, the fact of the
complaint was clearly so.] When I first saw the child he appeared to me to be thin and emaciated, as though suffering from want of food—he spoke very weak and low, and asked me for bread—I was confirmed in my opinion by the state of his voice—this was in the last week in December, the first time I saw the child—the last time I saw it was on 16th February, the night on which he died—my opinion then was that he was certainly dying from starvation, because it looked so very emaciated—he died about an hour and a half after I saw him—my opinion was that he was dying from want of food—I did not express that opinion at the time—I was not at home the greater part of the time between seeing the child in December and February, but once or twice of a morning before I went out I heard this child, as I thought, cry—it was the same child's cry.
Cross-examined. Q. You occupy a single room? A. Yes—there are five rooms in the house and a kitchen—the prisoners and their family occupied one room—there was a lodger named Murray and his wife in the back room next to the prisoners', and Mrs. Voller the landlady had the kitchen and back parlour—my husband is in South America—I have three children—Mrs. Voller has a husband and two children—I went to live there last August—I used to go out to needlework, as I received no money from my husband—I left home at eight or nine in the morning—I used to come home to sleep—the only two occasions on which I saw the deceased child were when he came into my room, and the time he was dying—I saw the three other children that night—the eldest appeared about nine, and the others about five, and two or three—the two younger ones appeared very fine children—I understood that the two younger ones were by the female prisoner, and the two elder ones not—they all appeared in a very wretched condition—I did not know that the man had been ill—I knew he had been doing pauper's work and getting pauper's pay, working in the stoneyard—I never knew that this child had had scarlatina—I understood that the man was paid 3s. a week for stone breaking, and 9s. worth of food from the parish each week—I know that they had some of the relief from the Mansion House fund—I have seen the female prisoner receive three tickets in one week—I got two of the tickets myself—they were for coal, bread, and grocery—that was some time between December and 16th February, I can't remember the date—there had been great distress in that neighbourhood—I saw Joseph Conde, the eldest boy, before the Coroner—I have not seen him here—I heard him tell the Coroner that his brother, the deceased, had more food than they had—I have had no quarrel with the prisoners—I never interfered with them—after the child's death I certainly felt that I should like to see them punished, because I considered they were guilty of gross neglect—I felt very much annoyed to think that the poor child had suffered so much—I did not get excited about it.
MR. DALY. Q. Whether you were angry or not, have you told anything to-day that is not strictly true? A. Not in the slightest—I have not exaggerated anything—the boy Joseph looked very strong and healthy—he is a small child, but he did not look at all as if he was starved—the tickets they got were 1s. each—I was told that the female prisoner took the boy Joseph from his mother when she was dying, and suckled him.
JANE TUCKER . I am the wife of Richard Tucker, living in Emily Place, and have known the prisoners about a twelvemonth—two of the children came to school to me, the second boy, James, and the eldest daughter—I first knew that the deceased child was living with them between eight and nine months ago—he used to be standing against the
back wall with his hands before him—when the sun shone of an afternoon and the window was open I could see him very plainly—I lived right opposite, on the first floor—I could see into the room when the sun was not shining, but not so plainly—I never saw the deceased eating—I have observed him standing against the wall all day—I never saw him away from the wall at all—I am a district visiting nurse, and go round and visit the sick—I am in and out all times in the day—I go out an hour or two at a time—I have seen the child standing there three hours at a time, on most days of the week—he was only standing against the wall, unless his mother went out of the room, then I have seen him sit on something, what I cannot say, and as soon as he has heard her coming he has jumped up again, and stood against the wall in the same position—I have seen his mother there sometimes at needlework, and sometimes washing—I could not gee any board or bar before him to keep him in—I have seen the others at their meals while he has been there every day, but I never saw him eat a bit—he was standing at the wall while they were at their meals—the others were playing about with something in their hands to eat, or standing at the table with their parents—I saw both the parents sitting together there—I never saw any food given to the deceased; they used to have their tea about four or five o'clock—they had bread and butter—I have observed this as near nine months as possible—I remember the child dying, it was in February.
Cross-examined. Q. What is the width of the street? A. About forty feet across—there was a blind to my window, but I always had it up—there was no blind to the opposite window—I have two windows in my room, and each of their windows was exactly opposite mine—I have lived in the house about a year and a half, and in the up stairs room about twelve months—my sister keeps the house—there has been a good deal of distress in the neighbourhood lately, and I have had a good deal to do—I am a district visitor connected with the Church of England—I have to go to the clergyman always the first thing in the morning—my district is only just round where I live—the furthest point of it is not ten minutes off—I generally get home a little after three, according to how many patients I have to visit—I come in to my dinner and go out again—I employ myself in needlework when I am at home—my observation of the opposite house was limited to the time I was at home, that was generally from three to five in the afternoon, and also in the morning—I should not have looked, only seeing the poor child there, that took my attention—there are four houses in the row opposite me—I could see into the others, but not so plainly—two or three of the houses have been empty ever since Christmas—I have given up my school since last Christmas—it was before then that the prisoner's children used to come to me—I have seen them since from time to time, but not to speak to them—I never saw them down stairs in the street; they were always up ia their room—I never went to the house—I am sure it was the deceased child I saw standing in the manner I have described—he appeared to me as if he had trousers and waistcoat on—I could see his shirt sleeves—I could see the other three children playing about while he was there.
MARY VOLLER . I am married—I reside at the house where the deceased child died, and have done so about three years—I did not see the children until about two months after the prisoners came to live there—I did not see the deceased child above four times to my recollection; that was in the back yard, passing through—I did not speak to him the first
time, the second time he asked me for some bread—he looked very delicate—he asked me for bread and water three times, and I gave it to him—he seemed to eat it very ravenously—I have heard a child cry very much when it has been beaten, as I always supposed; I could not tell what child it was—I heard it cry about three or four times in a week—I occupy the kitchen and the back room, looking into the yard—on the Saturday after last Good Friday I saw the child beaten very severely three times with a cane by the mother—one of the lodgers, Mrs. Murray, who lived in the back room, went and took the child from her, and told him to get under the bed, or she would kill him; that was the only time I have seen him beaten—I have heard a child beaten for a long time—I heard the cries every day, two or three times a day; they were loud cries, and appeared to go off very faint like, they appeared to come from the door of the prisoners' room—I heard these cries almost every day for eight or ten months—I remember a policeman on horseback coming to the door one day, that was about nine months ago—I had asked for my rent, which caused a row—the male prisoner brought the child down, and challenged to fight everybody in the road—I did not hear what was said to him.
Cross-examined. Q. You were the landlady of the house before these people came to live at it? A. Yes—they were with me about a year and nine months—the man went out to his work every day when he first came—he went out a little before six in the morning, and came back sometimes at ten or eleven at night—he did not return to dinner—the female prisoner did not go out to work; she took in work—it is about twelve months last Christmas since the man has been in constant work—he then worked for the parish—he was nearly always out of the house when he worked for the parish—he went out about nine or half-past, came in to dinner, remained about an hour, went out again, and came back about four, and sometimes he went out again after that—the noise I heard in their room was not coughing, it was more of a little squeaking cry—I never went up to see what it was—I never saw him in the corner of the room.
CAROLINE MURRAY . I am the wife of Thomas Murray, a bricklayer—I lived in the next room to the prisoner and his wife—I have seen the deceased child—on a Saturday after last Good Friday, while I was out, the child took some salt fish and potatoes out of the cupboard, and the mother beat him most severely three times with a cane—I took the child from her, and told him to get underneath the bed, or else she would kill him; the child had no jacket on at the time—the male prisoner was not there then—I remember the Saturday that the child died—for six months before that I had heard the faint cry of a child from the prisoners' room, three or four times a day—I heard a child being beaten, and cry with a faint low cry—I could distinguish that the child was being beaten—I could hear the cane very plainly through the partition between the rooms—I have seen the other children—I did not see the deceased go to the yard for the last eight months—he was full-faced then, but his little arms were very thin—I never heard him speak much—he seemed to have all his right intellects—he seemed to be a very sensible little child—he was no idiot—I saw him dying—the mother came and knocked for me, and said her little Billy was struck for death, and he was nothing but bare skin and bone—he was wonderfully altered from the eight months before—the screaming I have described continued up to the day I saw him dying—the last time I heard it was, I think, two or three days before its death—I never went into the room, or inquired what the screaming was caused by, because
they were dreadfully offended about eight months before, when we showed the child to the patrol on horseback—I showed the child's arms to him, and said, "Look at its poor little arms and body; it is because he don't have a sufficiency of food"—the male prisoner had the child in the street at the time—there had been a few words in doors—he said, "Look at him; you can see he is not starved"—the child had been asking for food, and taking it out of the cupboard, and we naturally supposed that it did not have enough to eat.
Cross-examined. Q. I suppose you had had a quarrel before you called the patrol's attention to the child? A. It was with the landlady at first, about the rent—there was a great row and a great crowd—the policeman happened to ride by, and I told him to look at the child's arms—I attended on the female prisoner for three weeks in November twelvemonth—she was ill—I saw the child at that time, he was then thin and delicate—he was not at meals with the other children, he used to stand back; I could not get him to come to the table—I gave him the same food as the others—they had enough to eat at that time.
MARY WOOD . I am married—I knew the deceased four years ago—the female prisoner is his step-mother, and the male prisoner the father—when they lived in the next room to me at 4, Orchard Street, I frequently heard groaning and a very queer noise in the room—that is four years ago—I have not seen the child since.
Cross-examined. Q. Was the child, then, always thin and ill? A. Yes, he was.
ELIZA HAWKE . I am the wife of Henry Hawke, an engine fitter—I lived in the same house as these people in November last, I left in November—I used frequently to hear the noise of a child being beaten in their room, and a quiet sort of cry, rather a peculiar cry; this was in the day-time—I used to hear it being knocked about and crying; we used to hear the child beaten with a cane and knocked down—this was going on for a year and nine months, when I was in my room, the back room on the same floor; there are three rooms on a floor—I have been to the landlady, Mrs. Voller, and asked her to go up with me and interfere, but she would not, and I did not like to interfere by myself—it continued up to the time I left—I saw the deceased a great many times; the last time was in November—he looked a poor thin little half-starved fellow; I have several times given him bread and butter that he asked me for when he has been in the yard, and he ate it up very ravenously—it did not appear to me as if he had enough food—the other children appeared very different, they looked fatter and healthier, and were playing about the room—I knew the child's voice, he had a peculiar cry—I knew his voice from the others; it was his voice that I heard making the noise.
Cross-examined. Q. When was it that you heard the child's cry in the daytime? A. Two or three times a week while I was there—I can't tell you when I first heard it; they were in the house some time before I knew there was a fourth child—I have not been talking with the neighbours about this, I have said nothing about it to any one—I gave the child bread and butter several times when it came into the yard—Joseph, who was examined before the Coroner, was fatter and healthier looking than the deceased, they were all healthy-looking children except him; the younger ones were not different in appearance from Joseph—I did not know that he was by a different mother—I thought Joseph belonged to her, but I fancied she was step-mother to the deceased.
CAROLINE JANE BRABHAM . I live at 72, Villiers Street, Bromley—I did live at No. 10 while the prisoners lived at No. 11 opposite—what first drew my attention to the house was one of the windows either having boards or shutters up—those boards were removed when Mrs. Conde was out, and I saw a child, looking more like a ghost than a child, with his head bound up with a piece of white rag—he looked very frightened and seemed quite wild—I saw him standing day after day, with no food whatever given to him—I have seen Mrs. Conde fetch a pint of beer daily, and bread and cheese, and give it to her own two children, and she would keep them at the window; they were never allowed to move and play with the other child—they were kept separate—I used frequently to call over to her and tell her to give the child food, but she would never see me or take any notice—I am very deaf—if she had made me any answer I could not have heard her, but my daughter could; she was always at the window with me—the child was standing with his hands behind him and his back against the wall from morning till it was dark at night; I could see him from my window—he stood right facing the window, not in the corner, but behind where the door opened—I saw him once go round to where his mother was standing, and she struck him a heavy blow in the face, which nearly knocked him down—his father was at home, but did not interfere or take the least notice, and he had to go back to his standing-place—this was in the evening in the summer, when the father had come back to his tea; it was upwards of five years ago—I have not seen the child since.
Cross-examined. Q. Then did all this take place five years ago? A. Yes.
GEORGE CHARLES KERNOTT . I am a registered licentiate of the Apothecaries' Company—I was called to the deceased child on Saturday, 16th February, about half-past eleven in the morning—I found him almost wasted to a skeleton; he was alive, but rigid and cold, his mouth and eyes wide open, tongue and throat parched and dry, and pulse weak; he was in bed—I ordered stimulants occasionally and other restoratives, but the child was past recovery and died in a few hours—I made a post-mortem examination by order of the Coroner—the body was dreadfully emaciated; it weighed 201b. 12oz., and measured seventeen inches round the chest, fourteen inches round the abdomen, six inches round the thigh, and was forty-one inches long—he was about twelve years of age—there were no external marks of violence, except bruises on the arms and hands, as if it had been beaten—they were superficial—there were not more than three or four, and very trifling—I should say they were about a week old—a fall might have caused them, they were on the left hand and arm; there were none on the right—there was no fat between the skin and muscles, and no fat in the body—the cause of death was starvation—there was a total disappearance of the omentum; the stomach was empty, containing only about half an ounce of dirty creamy fluid—there was no food in the stomach, the intestines were healthy—I know the disease called atrophy—I do not think the appearances might be attributable to that; all the internal organs were perfectly healthy, the intestines were healthy—the lower intestines contained hardened foeces—the liver was healthy and the heart, but pale; there was no fat—the brain and its membranes were healthy—there was no mesenteric disease—if the child was being starved and had not sufficient nourishment, frequent beating would tend to accelerate its death, the body being weakened by insufficient food.
Cross-examined. Q. Have you ever made a post-mortem examination of
a person who has, died of atrophy? A. I don't recollect it—the lungs of the child were slightly diseased, but not sufficient to cause death; it was congestion, the first stage of pneumonia, that is the commencement of pulmonary affection—I have treated persons suffering from pulmonary disease, and have noticed that most persons suffering from it are eager for food; they have also a difficulty of digesting food: although there is a craving for food, there is frequently undigested food in the intestines—persons so affected on craving for food sometimes vomit it up again.
COURT. Q. Is it usual to find in the intestines hardened faces? A. There were hardened foeces; they had probably been there some time—the person would crave for food, but it would probably remain undigested in the intestines—it is a common symptom that the foeces do not pass freely.
MR. BESLEY. Q. Can you point out anything you found on the post-mortem inconsistent with death from pulmonary disease? A. The lungs were of a dark red colour—the absence of fat between the skin and muscle is not consistent with pulmonary disease, that is the first stage of pneumonia; but if the person had been suffering some time it would be consistent—absence of fat is consistent with pulmonary disease of long duration—persons sometimes waste to a state of tenuity—the omentum disappears; that covers the intestines—I do not think the absence of it is inconsistent with death from pulmonary disease—the child died from starvation.
Q. Do you mean positively, as if upon your word the life of a person depended, that this child did not die of pulmonary disease? A. It was only the first stage of pneumonia.
COURT. Q. To the extent to which it was developed, can you undertake to say that the child died from starvation, and not from pulmonary disease? A. Starvation, I think; the immediate cause of death was syncope—I will not positively swear that it did not die from pulmonary disease.
MR. DALY. Q. Tell the Jury your reasons, as plainly as you can, for saying it died of starvation? A. The total absence of fat, the stomach empty, all the internal organs healthy, and there was nothing to account for death—the difference between pneumonia and consumption or phthisis is in the suppuration of the tissues of the lungs—I should not expect to find emaciation in the first stage of pneumonia—consumptive patients die in a year or two years—they do not fall away in six months after they get the attack—I have never been examined by Counsel before.
COURT. Q. Was the attack on the lungs on both lobes, or only on one? A. On the right lobe.
MR. DALY stated that the prisoner made a statement before the Coroner, which he could not put in on the part of the prosecution, it not being made after a caution by a Police Magistrate, but, at the request of MR. BESLEY, MR. DALY consented to its being read, as follows:—"JOHN GEORGE CONDE. I reside at 7, Upper North Street. I am a dock labourer. Deceased is my son William Conde. On my oath I believe the child is twelve years of age. I married my present wife, Mary Conde, six years ago. Doctor saw deceased four months ago, then suffering from scarlatine. I was two months out of work before Christmas, and was at work in stoneyard until a fortnight ago. I received 3d. a day, ten loaves a week, four pounds meat, quarter pound tea, two pounds sugar. I have four children, two by second marriage, one boy younger than deceased. Deceased eat more than any other children. I have seen my wife strike deceased with a cane over the back;
he had his clothes on at the time. Went to school until lately. On Friday morning, whilst playing in street, he was taken ill, and doctor sent for on Saturday. He saw him and he died 16th February. Deceased not been out of house for six months, only to the yard for closet. I last saw him go in yard eight weeks ago." The COURT considered that there was no case of murder to go to the Jury, and that MR. BESLERY need only address them as to a case of manslaughter by negligence.
MARY CONDE, GUILTY of Manslaughter .— Confined Twelve Months .
JOHN CONDE— NOT GUILTY .
NEW COURT.—Thursday, April 11th, 1867.
Before Mr. Recorder.
MR. PLATT conducted the Prosecution.
EDWARD WILLIAM MASON . I live at 7, Foley Street, West Street, Kingsland, and am a lapidary and glasscutter—I work at 10, Baldwin's Place—the prisoner is my brother—on 6th March I was at work; there was a kick at the door of the workshop; I answered it and saw the prisoner there—he asked me to come out—I told him I could not, because I had some work to finish, but I should have done work about eight o'clock, and then I would come out—he asked me three different times afterwards to come out—I told him I could not—he said I had made him miserable ever since he had been home, meaning from the army—he came home shortly after Christmas, 1865—he had been home a little over fifteen months—he then muttered something which I could not understand, and plunged a knife into my breast—I could not see from where he drew it, but I believe from his sleeve, by the way it was handled—it fortunately only went through my coat, and grazed the skin—I stepped back—he came after me four or five yards into the shop and made four different stabs at me; three of them only grazed the skin, the fourth penetrated my left shoulder—it cut me much; it bled—I called for assistance, and he was dragged on to the ground—I got away—I remained in the hospital three weeks within a day, and am still an out-patient—I had not provoked him in any shape or way, except that shortly after Christmas I met him intoxicated in a public-house with some friends and have never spoken to him since—that is the only reason that I know.
JOHN GIBSONS . I live at 13, Wellington Square, Gray's Inn Road, and work with the prosecutor—on the 6th March, about six o'clock, the prisoner kicked at the door—the brother went to him and I went on working—I then left my work to see whether I knew him, but I did not—there was no quarrel between them or loud speaking, after they had said what they had to say, the prisoner rushed at his brother with a knife—the prosecutor said, "Jack, he has got a knife," and I saw the prisoner rush at him with a knife in his hand and stab him on the left shoulder and breast—I made a rush, and I and the engineer got the prisoner down and got the knife from him—we then let him get up, and the engineer said to him, "You have got another knife"—the engineer handed over to me another knife and a razor—the prisoner said, "You see I am not short of tools, but I will not hurt any one else"—I gave them to the policeman.
FREDERICK ATTWOOD . I am house surgeon to the Royal Free Hospital—I examined the prosecutor—he had a superficial wound in front of the chest, and another wound between the shoulder-blade and the arm-pit on the left side—there was a good deal of bleeding—it was three and a half inches deep, downwards and backwards—it penetrated the wall of the chest, but escaped the lungs—I considered it dangerous—it brought on a slight attack of pleurisy, but he had a good constitution and was never in danger of death—this knife would inflict the wound.
WILLIAM ELDRIDGE (85 E). I took the prisoner—he said the reason he did it was because his brother was better off than he was, and had discarded him—he said he should like to go to the hospital to see his brother once more—I did not see that he was under the influence of drink at all.
The Prisoner's Statement before the Magistrate:—"At the time I did it I was under the horrors of drink. If I had not been so I should never have attempted to do it. I had been under drink three days. I could not account for what I did. I regret it."
GUILTY on the Third Count.—Five Years' Penal Servitude.
406. GEORGE BUSH (17), MICHAEL DONOGHUE (19), WILLIAM MANCHESTER (17), and THOMAS LAWLESS (20) , Robbery on George Fortescue, and stealing one purse, one pocket-book, and 2l. 4s. in money, his property.
MR. HOUSTON conducted the Prosecution, and MESSRS. LEWIS and PATER the Defence.
GEORGE FORTESCUE . I am a commission agent—I did live at 46, Stanley Road, Ball's Pond Road—on the night of the 26th March I was with a man named Hicks in several public-houses—I parted with him and was going home at about a quarter to six—I was not sober, they say—I was knocked down insensible by a blow on the side of my head, and the fall bruised my elbow—four or five persons came about me, rifled my pockets, and took everything from me, including my boots—I cannot recognise any of them—I lost two sovereigns, some silver, a purse, a pocket-book, spectacle case, a pipe, and other articles—my boots are here, I have them on.
ANN HORLEY . I am the wife of Joseph Horley, of Broad Street, Ratcliff—about a quarter to one, on the morning of the 26th March I was going home—I had been to the Quebec's Head, the prosecutor was there—he came out when the landlord said, "All out"—he went on several minutes before me—I was within four yards of him, and saw five men come up to him—they took him by the neck and threw him on his back—he screamed very loudly, "Police!"—I stepped up to them and said to them, "Do not hurt the man, whoever he is"—one of them used very foul words, and said they would hurt me—one of them took something from him, and ran along with it before him—the next pulled off his boots and ran away with them, and then the other three ran away—the prisoner Donoghue is one of them—I saw him pulling off the man's boots—he put them under his coat and ran away with them—I have known him by sight for the last twelve months—I also know Lawless as a hard-working man in the neighbourhood, but I never knew him do anything wrong before—I saw him leaning, holding the prisoner down—the one who ran first with the property wui a short youth, a stringer to me—I could not swear to him—they left the man on his back in the gutter—he held up his hands and said, "Is there no policeman?"—I assisted him up, and another woman picked up his hat
and put it on his head—about half an hour afterwards, and after I had been to the station, Lawless returned—I told him I saw him at the top of Gould's Hill, and said, "You know all about it"—he said, "I do not."
Cross-examined by MR. LEWIS. Q. Had you been to the Quebec's Head? A. Yes—I was not in the bagatelle room—I stood apart and saw Lawless holding the prosecutor down—when he came back he did not come from the direction of the Quebec's Head—he was standing at the top of Gould's Hill when I came back from the station, after giving information—that was four or five minutes' walk from the Quebec's Head—I said, "You know which way they have run"—I did not say, "You know which way the one ran who dropped the ticket"—I said, "Do you know which way they ran?" because I was rather timid of him, on account of going to the station and giving information—he did not know that I had been to the station, but that is my reason—I did not tell the Magistrate that Lawless was leaning over the prisoner, because he did not ask me—he asked me who was the man who struck him, and I said that I did not know.
BRIDGET SMITH . I am single, and live at 25, Angel Gardens, Shadwell—on 26th March I was going home about one o'clock and met the prosecutor—I had not time to speak to him, when five chaps came up and knocked him down—I heard him scream, and said, "My God! what are you doing to the man?"—Mrs. Horley was just before me—the four prisoners were there, but one has run away seemingly—Donoghue and Lawless are two of the men—Donoghue and another one pulled off the man's boots, and Donoghue ran away with one of them, and one with another boot—Lawless was in the crowd and leant on the man like this, whether he intended to hurt him or not I cannot say—they all ran away, and the prosecutor laid about five minutes before he could recover himself.
Cross-examined by MR. PATER. Q. Will you undertake to swear that you saw this lad there? A. Yes—they all knocked the man down together, and I was quite sober, as I am at this present minute—nobody has said that I was the worse for liquor; but I said that, because I thought you might think I was telling a lie—I had never seen the prosecutor before—I had not spoken to him when he was caught hold of, nor was he speaking to me—I have never said that he was speaking to me when he was attacked, and I did not think of speaking to him—I never spoke to him in my life till I spoke to him at Arbour Square—I was nearer to the prosecutor than Horley was when he was knocked down—it is not true that she spoke to me and told me to get a constable—I saw her assist the man up, and she picked up his hat and put it on—I saw her assist him out of the gutter—my deposition was read over to me before I signed it—I did not say, "The prosecutor was speaking to me, when five or six came and pulled him away"—I said that I saw him—this lad was one of them; but I was not asked by the Magistrate whether he was one of them—I said that he was among the crowd—I was only asked about Donoghue, and I said that he was one who ran away with the boots.
Cross-examined by MR. LEWIS. Q. Are you certain that there were not more than five? A. No, only five—I may have said five or six—I was in Court when Horley was examined—I did not notice that she said that there were five—I have never said before that he was leaning over the prosecutor, because I was not asked—I said at Arbour Square that Lawless was one of the five who attacked the prosecutor, and I heard it read over to me in my deposition. (The witness's deposition, being read,
contained no such statement, and the Court considered that her evidence was not to he relied upon.)
JOHN DAVIS . I am a labourer, of 15, Dean Street—I slept in the same room with Bush and Manchester—I went to bed about one o'clock in the morning of the 26th of March, and they came in about a quarter of an hour afterwards—I heard a conversation between them, but could not say who spoke first, because I had only lodged there two nights and did not know their voices, but they were talking about a pair of boots, that some man was knocked down and they had taken his boots away.
SHIRLEY HAWKINS . I live at 158, High Street, Shadwell—on the morning of the 26th March I picked up this pocket-book at the bottom of Gould's Hill—it was empty, and was lying in the sink—there were a few papers outside it, one of which was lying in the gutter—I put it in the pocket-book, and gave it to the inspector at Arbour Square.
NEHEMIAH YOUNG (Policeman K 179). I was at the police-court on the first occasion—I did not sign any depositions—I received information and went to 15, Dean Street, Shoreditch, searched the room where Manchester and Bush were sleeping, and found a pair of boots up the chimney, which the prosecutor now has on, and a purse containing 5 1/2 d., which the prosecutor identifies, and a pair of spectacles and case.
Cross-examined. Q. What time did you go to the room? About a quarter to two on the 26th March the first time; I found those things about a quarter to three—I also found the prosecutor's pipe between the bed and mattress where Donoghue was sleeping—five persons slept in that room.
Donoghue's Defence. I never took tie boots off the man's feet.
COURT to ANN HORLEY. Q. Could you speak to having seen any of them attack the prosecutor, except Donoghue and Lawless? A. There were five persons, but the other three were strangers to me.
Lawless's father gave him a good character. The Court considered that there was no case against Bush. BUSH and MANCHESTER— NOT GUILTY . DONOGHUE— GUILTY . He was further charged with having been before convicted in October, 1865, to which he PLEADED GUILTY.— Confined Eighteen Months. LAWLESS— GUILTY .— Confined Eight Months.
LIONEL JACOBS . I am a cigar manufacturer, of 18, Douglas Road—on the evening of 22nd March I was in Houndsditch at the corner of a court—my coat was unbuttoned, and the prisoner made a snatch at my watch and chain—he did not get the watch, as it was attached by a steel ring, which broke, and the watch slipped back—he ran up the court; I pursued him through several courts into the arms of a detective—I am positive he is the person—when I was crying "Stop thief!" a man said, "What is the matter?" and got in my way—the prisoner passed very close to him.
Prisoner. Q. Were there not a lot of people there? A. No one at all till I got to Mitre Court.
CHARLES BROWN (Detective Officer). I was on duty, and saw some persons coming towards me—the prisoner being in front, I stopped him, and the prosecutor ran up, and said, "Where is my chain?"—the prisoner was completely out of breath, he said that he knew nothing about it—I
said, "Why did you run?"—he said, "I ran because others ran;" but the others were all behind him—I found nothing on him—he gave his address, 31, Dossett Street, Spitalfields, but there is no such house.
Prisoner. I gave you my right address, 41, White's Row, and have sent letters there, and the governor of this place will say so. Witness. Yes, White's Row, Dossett Street, and there is no such number in White's Row.
Prisoner's Defence. I was in Houndsditch, heard a cry of "Stop thief!" and ran the same as the others did; I ran into Brown's arms; I never saw the prosecutor till he came up.
GUILTY . He was further charged with having been before convicted in August, 1865, in the name of Robert Nash, to which he PLEADED GUILTY.— Confined Eighteen Months.
THIRD COURT.—Thursday, April 11th, 1867.
Before Mr. Common Serjeant.
MR. COLLINS conducted the Prosecution, and MR. M. WILLIAMS the Defence.
WILLIAM RAEBURN . I am an inspector in the employ of the Metropolitan Board of Works—about 10 p.m. on 19th February I was in the King's Cross Road, walking in the direction of the Great Northern Railway—when opposite Britannia Street I received a blow from behind, and fell on my hands in the mud—whilst in that position the prisoner came up and said, "I will help you up"—I turned round with the intention of striking him, when he snatched my guard, which broke, and he ran away with my watch—I wore an Albert chain—I am quite sure the prisoner is the man—I afterwards saw the prisoner in the custody of Rogers, 217 G—my watch was picked up.
Cross-examined. Q. Did the inspector at the station ask you who it was that struck you? A. I believe he did—I could not say who it was—I might have said that it was another man—I had had a glass to drink.
WILLIAM ROGERS (Policeman 217 G). I heard a cry of "Stop thief!"—I saw the prisoner running, pursued him, and took him in custody—a boy came up and charged him with taking a coat—I searched some gardens about fifteen yards from where I took the prisoner—I found this watch, and part of a chain, which the prosecutor identified.
Cross-examined. Q. I believe there is no charge against the prisoner
for stealing a coat? A. No—the prosecutor saw the prisoner at the station that night.
GUILTY .** He was further charged with having been before convicted, in May, 1862, to which he PLEADED GUILTY.— Seven Years' Penal Servitude.
413. EMILY HASTED (21), SUSAN HASTED (60), and JOHN alias WILLIAM HASTED (60), Unlawfully obtaining from Ann Frances Dobbs 23l. by false pretences. Second Count, Unlawfully conspiring to defraud the said Ann Frances Dobbs, to which EMILY HASTED PLEADED GUILTY.
MR. LANGFORD conducted the Prosecution, and MR. W. SLEIGH the Defence.
ANN FRANCES HOBBS . I am single, and live at 60, Upper Garden Street, Westminster—in May, 1865,1 lived at 72, Lupus Street, Pimlico, where I let lodgings, and in that month I became possessed of 500l., in Consols—in July, 1866, the three prisoners came to my house for apartments—I took them in for one night—the next day they said they wanted to stay a week, and agreed to pay 7s. a week—they continued with me some time, but they only paid me one week's rent—afterwards I received 10s. on account—after they had been with me a short time the male prisoner said that his daughter was coming into a deal of money, and that if I would let them stay they would pay me 1l. a week—they spoke to me several times about coming into this property—first of all it was about 3000l. a year, and afterwards they said it was 7000l., and that it was left by Lord de Fisca, a Frenchman, who died in Paris, and made a will in favour of their daughter of 7000l. a year—it was house property in France, and some at Madras—Mrs. and Miss. Hasted told me that; the father was not present—I think they had been with me then three or four montbt—at first I advanced them a few shillings to pay for stamps and seals for documents with reference to this property—they said they were documents that came from Paris, and had to be seen by solicitors here some time about February, 1866—I cannot remember the date exactly—the prisoner Emily told me that through my kindness to her she would make a deed to allow me 50l. a year—I said I did not require anything but what they owed me, but they forced it upon me, and wished me to write to that effect, that I was perfectly satisfied with 50l. A year—she told me afterwards that it was prepared and taken to the Bank of England with other deeds; that it was made by Lord Wigan and the Lord Chancellor; that Lord Wigan was a judge; and that the Lord Chancellor's name was Lord Cranworth; and Emily told me that Lady de Fisca was trying to disprove the will of Lord de Fisca; that Lady de Fisca had already employed solicitors in Paris; and that she (Emily) had employed solicitors in Paris against Lady de Fisca; and that they sent documents here to be settled in this country under Lord Wigan, who was to see that they were right and to sign and seal them with the Lord Chancellor—about 9th May, 1866, Emily asked me for I think 23l. to pay for the stamping and sealing of these documents—her mother was present; in fact, her mother almost always asked me for the money—at that time I had advanced them near upon 250l., and with what I afterwards advanced them amounted to 365l.—I sold out the whole of my 500l. bit by bit at about 86—I did not tell them I was selling out—Susan Hasted has told me that there would be plenty of money to pay everything, and that they could not hinder her daughter from having it—they
only paid me one week's rent, 7s., but at the end of the year they made out a bill of what they owed me for rent, at 1l. a week from 1st August, and it amounted to 62l.—Emily has told me that she used to go to the Lord Chancellor's Chambers at Hounslow—they all three left my house on 8th October, 1866—before they left they asked me to lend them some more money, but I told them I had not got any—in December I went to the Chancery Record Office and searched the public books with the clerk—we went as far back as five years, but could not find any entry about Lord or Lady de Fisca, nor anything like Hasted—I also went to the Bank of England and searched in the Will and Probate Department, but could not find anything about a deed in my favour—at various times Emily has asked me to write letters to Lord Wigan, and she promised to allow me so much per cent.—I wrote several letters, and addressed them to Lord Wigan, and she said she was going to take them to him—I think sometimes I was to have as much as 20 per cent., and sometimes less—at last I said it was absurd writing so many letters, but she said there was so much money in the Bank at Paris and it must be disposed of, and I must write them, and I did write them—I know Mrs. Anu Lifford—her husband is an upholsterer—on 7th January she went with me to Newland Street, Kensington—we found Mrs. Hasted and her daughter lodging there—I asked Mrs. Hasted if they had heard anything from the Lord Chancellor—she said, no, and I must wait until they had letters from the Lord Chancellor—I asked Emily why she did not stir them up—she said she could not do that, and that I must wait—I asked her once to go with me to see them—she said, no, she could not go, as they might be offended—I said, "Why should they be offended? if they are Lords, people have a right to go and inquire after their rights"—she said I was to go to the Court of Common Pleas, in Chancery Lane.
Cross-examined. Q. What rooms did they occupy in your house? A. Two rooms at the top—the mother was present at the conversation I had with Emily in February, 1866—to a certain extent they both joined in the conversation—the only time the father said anything about this property was after he had fallen into arrears, and I was pressing him for rent: he then said his daughter was coming into a good deal of money—I believed then everything they said—the daughter was very free in her conversation about the property—she told me all the details—the mother told me that nothing could hinder her daughter from having it.
HENRY ROBERT WHITE . I am at the Lord Chancellor's Secretary's Office, Quality Court—I have been there about twelve years—I do not know any judge named Lord Wigan—I know that Lord Cranworth has no office at Hounslow, nor has the present Lord Chancellor—I know of no suit of Hasted v. Lord or Lady de Fisca—I should have known of such a suit if it had passed through our office—the Lord Chancellor does not seal documents himself—the Sealer does that.
EDWARD BLACKLOCK . I am a clerk in the Will Office at the Bank of England—I have been in that office eighteen months—I know of no document having been lodged there in favour of Miss Ann Frances Dobbs, or any document of Emily Hasted's—I should know of it if there had been one.
JOHN DOUGHTY . I am a solicitor, of 47, Charing Cross—I have searched at the Record Office, in Chancery Lane, for the last twenty-two years—I can find no suit of De Fisca against Hasted, or Hasted against De Fisca—I have also searched at the Court of Probate, Doctors' Commons,
but can find no will in the name of De Fisoa, and no caveat has been entered.
EMMA GROVES . I am the wife of John Groves, and reside at 45, Lower Garden Street—I know the prosecutrix, and have been to her place at Pimlico a great many times—I have heard the male prisoner say his daughter was coming into some money, and that he had to send to Hampshire for a certificate of her birth.
Cross-examined. Q. When did this take place? A. Last November—no one but Mrs. Dobbs and myself was present—I was subpoenaed on Wednesday.
ANN LIFFORD . I am the wife of Thomas Lifford, and reside at 3, Seaford's Place—in the early part of this year I went with Mrs. Dobbs to Newland Street, Kensington—we saw Mrs. and Miss. Hasted there—Mrs. Dobbs asked Mrs. Hasted if they had heard anything of the money—they both said, "No"—Mrs. Dobbs said, "Well, I am quite tired of waiting, for I have nothing to live upon, and what am I to do?"—Mrs. Hasted said, "More have we; you must wait until we have it settled"—Mrs. Dobbs said, "Why don't you go and stir them up?"—Miss Hasted said, "It is no use going to stir them up, for the Lord Chancellor has other business to attend to as well as ours, and he will not trouble about ours until other business is done"—I said to Mrs. Hasted, "As Mrs. Dobbs is so dissatisfied about her money, will you tell me where to go and inquire about it?"—she said, "At the Court of Common Pleas, in Chancery Lane"—I said, "I have read of a Court of Common Pleas in Westminster Hall, but I never heard of one in Chancery Lane"—"Oh! yes," she said, "there is one on the other side of the way from here"—I believe Mrs. Dobbs went there, but I did not go with her.
GUILTY.— Judgment respited ,
MESSRS. METCLAFE and BESLEY conducted the Prosecution; MR. M. WILLIAMS defended Hills, and MR. LEWIS defended Skeats.
JOSEPH HAYWARD LEECH . I am manager of the household department of Messrs. Copestake, Moore, and Co.—there are from 500 to 600 persons fed there daily—Hills was our cook, and had the management of the kitchen—we consume from 30001b. to 40001b. of meat in a week—the dripping from that meat averages from 301b. to 401b. a day—the prisoner Skeats up to a certain time contracted for that dripping, and used to take it away—it was Hill's duty to deliver it to him—this book (produced) contains an account of the daily produce of dripping, as made out by Hills—it is in his writing—in consequence of instructions, on the night of 18th February I weighed the dripping in the kitchen in the presence of Hancock and Cheshire, and there was 571b.—on the 19th I again weighed the dripping in the presence of the same officers and with the assistance of Mr. Thompson, and there was then 561b.—on the 20th I did the same in the presence of the same persons, and there was 251b.—on the morning of 19th I saw the dripping taken away by Skeats, and I believe it was then in the same state as when I weighed it the night before—Skeats came about half-past eight—on the 20th I saw Skeats take the dripping away that I weighed on the 19th, and as far as I could judge that was in the same condition—on the 21st I saw Skeats take that away which I weighed on the 20th—all the dripping was weighed between eleven and
twelve P.M., when all the servants were in bed—on the 19th Hills has entered in this book only 201b. as delivered to Skeats, on the 20th 241b., and on the 21st 151b.—the account against Skeats is made up from the book in the counting-house—on Saturday, 23rd February, Hills was given into the custody of Hancock—Mr. Thompson was present—I said to Hills, "I am sorry to have to charge you with robbing us"—he said, "Indeed I have not"—I then told him, "Skeats is in custody; I have been weighing the dripping for some time, and find you have been robbing us in the weights"—he said, "I am sorry I have done it"—Hancock then asked him what he had received for doing it, and the prisoner said, "I have received 5s. a week from Skeats"—he went up stairs and changed his coat, and was taken away—I afterwards saw both Hills and Skeats at the Bow Lane Station, and Hills was again asked what he had received—he replied, "5s. a week," and Skeats nodded his head, confirming it—Skeats paid us 5 1/2 d. per pound for the dripping.
Cross-examined by MR. WILLIAMS. Q. Did you not say to Hills, "We are anxious to know if there is any one in our place who has been assisting you in this robbery?" A. Yes—he did say, "I can assure you, Sir, there is not"—I do not recollect saying, "From information in my possession, I believe you have been receiving 10s. a week from Skeats for conniving at this"—I believe Hancock used those words—I do not think he said, "No, you are wrong, I only had 5s. a week, and Bill and Ben had 1s. a week for collecting the refuse fat"—I believe he did say that Bill and Ben received 1s. a week—they are kitchen porters—they are both still enjoying the full emoluments of their service—Hills has been in my service six or seven years.
Cross-examined by MR. LEWIS. Q. When you weighed the dripping, was it already collected? A. Yes, in tins—I weighed them both together and then made some allowance for the weight of the tin—raw fat is never put in the tins—very little of the dripping is used for pies and puddings—I believe I can tell the difference between skimmings when it is cold and dripping.
MR. BESLEY. Q. Is the raw fat kept separate from the dripping? A. Quite separate—I know the tins were full, because I put a skewer through them.
COURT. Q. Do you know whether there were more than 30001b. of meat cooked during this week? A. I should think more, but I have not the figures with me—there were not 20001b. boiled—the extent of boiled meat in a week is from 5001b. to 6001b.—on one day they have salt beef, and the outside quantity cooked is from 6001b. to 7001b.
WILLIAM WILBERFORCE THOMPSON . I am a warehouseman in Messrs. Copestake's employ—I and Mr. Leech have charge of the premises at night—from sixteen to twenty people sleep on the establishment—I was with Mr. Leech and Hancock on the night of 19th and 20th, when the dripping was weighed—there were 561b. and 251b. respectively—I saw it away the following morning, and it appeared to be in the same state as when we had weighed it—I was present when Hills was given in custody on the Saturday—Mr. Leech told him that he was charged with stealing the dripping, and Hancock said, "I have had information that you have been receiving 10s. a week for conniving at this"—Hills said, "No, I have not, Sir; I have received 5s. a week," and there was something said about Bill and Ben receiving 1s. a week each for skimming the fat from the receptacle—I was present at the station-house when Hills and Skeats
were brought face to face, but I have not a distinct recollection of what was said.
Cross-examined by MR. WILLIAMS. Q. Have you not said that you supposed the 5s. a week was a perquisite to Hills? A. I said so, but I contradicted it in the next answer, when I said the firm did not sanction the 5s. being paid.
Cross-examined by MR. LEWIS. Q. Can you distinguish by appearance the skimming of fat when cold from dripping? A. No—I do not know what the skimming of fat is; I have not seen it—I know what dripping is; as I saw it weighed.
EDWARD HANCOCK (Detective Officer). I was employed by Messrs. Copestake at the commencement of January—on the nights of 18th, 19th, and 20th February I was present when the dripping was weighed in the kitchen—I saw the cans taken away on the following morning, and with the exception of one morning, when there appeared to have been about half a pound taken out, they were in the same condition as they were when we weighed them—I took Skeats into custody in Bread Street, and afterwards took Hills—Mr. Leech said to Hills, "I am very sorry, cook; I shall have to give you in custody for robbing us; this is Hancock, the detective officer, and he has already taken Seats"—Hills said, "You are mistaken," or words to that effect—Mr. Leech said, "We have been weighing the dripping, and we find a great deficiency; Skeats is charged with receiving it, and I shall hand you over to the custody of Hancock"—Hills then went and put on his coat—I said to him, "From information in my possession, I believe you have been receiving 10s. a week from Skeats for conniving in this matter"—he said, "No, Sir, you are wrong; I have only had 5s. from him, and he has given 1s. a week to Bill and Ben for taking away the surplus fat"—on the way to the station I said to him, "You still stick to that, respecting the 5s"—he said, "Yes—I afterwards said to Skeats, "It is fair to tell you this man says you have been paying him 5s. a week"—he said, "Yes, I have"—I said, "What for?"—he made no reply—Mr. Leech said, "We are particularly anxious to know if any one in our house has been robbing us besides yourself"—he said, "No, no one; it is only me"—that was said at the warehouse.
JOHN THOMAS CATCHPOLE . I made out an account from this book, which has been produced, of the dripping delivered to Skeats between 19th and 23rd February—I took it to his house, and afterwards got the money for it—these figures were entered by Hills.
JANE SHEPHERED . I am under cook at Messrs. Copestake's—I use about 21b. of dripping three days in the week—I take it from the cans from 8 to 8.30 a.m.—on the 19th, 20th, and 21st I used some—I take it on Tuesdays, Thursdays, and Saturdays.
Cross-examined by MR. LEWIS. Q. Do you weigh the dripping you take out? A. No—I take out a couple of pounds—I guess at it—I use it for frying potatoes for Mr. Hughes's, one of the firm's breakfast—I never give an account of anything I take out—I suppose the kitchenmaid takes some too—it is used in the house affairs.
HILLS— GUILTY . Recommended to mercy. SKEATS— GUILTY . He was further charged with having been before convicted in March. 1859, to which he PLEADED GUILTY.— Seven Years' each in Penal Servitude.
OLD COURT.—Friday, April 12th, 1867.
Before Mr. Baron Channell.
The prisoner upon being called upon to plead, remained mute. The Jury were sworn to try whether he was mute of malice or by the visitation of God, and, upon the evidence of MR. JOHN ROWLAND GIBSON, Surgeon of Newgate, they found that he was mute of malice. A plea of NOT GUILTY was thereupon ordered to be entered.
MESSRS. COLLINS and STARLING conducted the Prosecution, and MESSRS. DALY and STRIAGHT the Defence.
WILLIAM PORTBURY . I am chief officer of the Raby Castle, a British ship—the owners are Messrs. Greenwell and Hall, of London—I sailed out in the outward voyage—the prisoner was shipped at Penang—I believe he is a carpenter by trade—he shipped as an able seaman—he signed articles as such—he had a chest of carpenter's tools on board—on the 24th November we were off Cape Legullas, on the south coast of Africa—about a quarter to four in the afternoon it was my watch below—the deceased and the prisoner were in the watch with me—I was awoke up and called forward—I had gone to my bunk, and was lying down—the prisoner and deceased were in their watch below, forwards—I went to the forecastle and saw the deceased lying on his right side in his bunk, with his head partly severed from his body—it was cut through from the back, from ear to ear, at the back of the neck—his face was towards the side of the ship—he was alive—he lived about half an hour—he was not able to speak until I placed his head in its proper position—the cut was rather deeper in the middle—you could see his swallow, his swallow was nearly severed, except a slight thread—I put my arm underneath his right shoulder to lift him up, to see the extent of his injuries—after he was dead I wentaft—I then found the prisoner in irons—I asked him what made him murder James—I said, "Charlie, what made you murder James?"—he said, "To save all hands in the ship from going on shore"—after the deceased's death I counted the wounds—there were five cuts in his neck, and two on his shoulder—he was lying in his bunk on his right side—the back of his neck would be facing any person who passed his bunk—there was a continuous cut from ear to ear on the back of his neck—it was severed through, from ear to ear—there were five different places where the axe had entered, but they all tended towards one point, towards the centre—it was not one clean cut from ear to ear—there were two cuts on his shoulder—they appeared to have been inflicted with an axe or chopper, or something of that sort—there was the mark of an axe on the woodwork overhead, on the ceiling of the deck—the cuts were entirely on the muscular part of the neck, they did not affect the bones of the head; the spine was cut through—a week or ten days before this the prisoner was at the wheel—it was then blowing a heavy gale of wind—I was walking the poop—it was my watch on deck—the prisoner was steering, under my direction—he had his course given him—the man that had relieved him had given him his course—I gave him directions if I saw him going off his course—it was one lengthened course then—he was to steer a certain course, and if he kept to that I did not interfere—this was ten days before we got off the Cape—I don't remember what the course was—I did not see anything to indicate that he was not
keeping his course—I heard him say, "This b—work will never do, we shall never get to London; I must kill that Russian Fin; I can easily run away when I get to London"—he spoke, not as if he was addressing any one, as if to himself—I was just passing by him; about a yard from him—I was walking the deck at the time—I told him to make less noise, and pay more attention to his steering, or else I should kill him—I knew who he meant by "the Russian Fin"—it was the deceased—the deceased was in colour a light mulatto—to the best of my knowledge, from what was on his discharge, he came from the West Indies, from the island of St. Lucia—he joined the ship on 20th February, 1866—he went out with us on the outward voyage—we had no Russian Fin on board—the term "Russian Fin", is not a term in use on board ship among sailors—I never heard it before—I have had Russian Fins on board ship—there is nothing particular about them that I am aware of—they speak Russian—I have had Russian Fins in ships from Liverpool—you get them in different ships—they come from Finland—you ship them the same as a Swede or a Norwegian, as long as they speak the English language—the prisoner is a Swede.
Cross-examined by MR. DALY. Q. I believe you had a cargo of rum on board? A. No, it was a general cargo, part of it was rum—the crew could not get at that—no spirits were used on board at sea—you get it occasionally in the harbour—there was no quarrelling on board that I am aware of and no cruelty of any sort.
Q. Did you form any opinion as to whether the prisoner was in his right senses or not? A. Well, he knew right from wrong, if he was sent to do any work of any kind—he was not exactly in his right mind, but still he knew right from wrong—I do not think so, I know he knew right from wrong—whatever he was sent to do he did, but in my opinion he was not in his right mind.
COURT. Q. What do you mean by that? A. He used to make use of very foolish expressions—he was rather eccentric in his manner; for instance, he would always eat by himself—I have seen him eat, and he would eat as much as two ordinary men—he did not eat ravenously, he used to take his time over it—he did not get his rations by himself; the whole of the watch used to be served out together, and he would take what he required and go out on deck, or somewhere by himself, and eat it.
MR. DALY. Q. He generally kept to himself, did he not? A. Yes—I have heard him muttering to himself at his work, and I have heard him laughing and talking by himself—I did not notice that he laughed when he received orders from the officers—no officer «ver told him to do anything but myself, because he was in my watch—on the morning before the murder I sent him to do some work, and the captain went forward to look for the land, and he saw the prisoner in a small room—I did not see him, there, but I spoke to him afterwards—the captain asked him what he was there for—he said he wanted to see the boy—I came round and asked him what he was doing there, and he said he wanted to see the boy—I said, "What for?" and he said he did not know, he wanted a change.
COURT. Q. The question you were asked was, whether when any orders were given he appeared to obey them, or whether he received the orders laughing and smiling? A. No.
MR. DALY. Q. Nothing of the sort? A. No—on the morning before the murder he was sitting on the deck at some work, and he gave himself a roll over—I had not said anything to him, only spoken to him about his
work; I told him if he did not do it he must watch on deck—Finland is a part of Russia—when we ship persons from Finland they are generally called by their Christian names—they go by the name of Finlanders; they speak Russ—I have not seen many inhabitants of Finland—I have seen some—they are not at all like Creoles in colour—the deceased was not at all like a Russian Fin—he had curly hair—there is nothing particularly marked about the complexion of a Russian Fin—the deceased did not speak the Finnish language—I have heard of a prejudice among sailors, that it is unlucky to have a Fin on board.
MR. COLLINS. Q. Do you know that there are Russian Fins and Swedish Fins? A. No—the prisoner took his turn at the wheel, and did as he was told—he was no sailor, therefore he never had any work to do as a sailor; he used to assist the carpenter.
COURT. Q. Was he working his passage home? A. No—he signed articles as an able seaman, at 2l. 10s. a month—he did what work he was ordered, as a seaman, but mostly assisted the carpenter—we had a regular carpenter on board—the prisoner had a chest of tools of his own—he could speak English fluently; in fact, if he was addressed in the Swedish language he would always answer in English—our crew was twenty-one, all told—we did not carry a surgeon.
JURY. Q. You say the deceased spoke after you adjusted his head; what did he say? A. I asked him if he knew who did it, and after a few seconds he said, "No"—then I said to him, "You have not half an hour to live; if you live that long, is there anything you require to be done, or to send to your friends?"—he said, "No, I am going fast, lift me up"—he said nothing to me after that about the person who did it.
ALEXANDER M'CLELLAN . In September last I was an able seaman on board the Raby Castle—I shipped at Penang—I knew the deceased man Marchien the time I was shipmate with him, that was all—I knew the prisoner two or three days before he came in the ship, at Penang—we were all on good terms together—there was no quarrelling on board, only a bit of a word now and then, but never any quarrelling among us—the prisoner would never take his meals with us—when we were in warm weather the cargo we had in the vessel steamed very much in the forecastle, and we went on deck to take our meals, but the prisoner would stop below, and when we got to Cape Legullas it was getting rather colder and we went below, and then the prisoner remained on deck, and the ship was throwing water on board at the time—I heard the prisoner say during the voyage that there was a Russian Fin on board that he did not like, or the like of that—he did not say he would do anything to him to my knowledge, not before me—we used to hear him laughing and saying many a thing, but we never used to take any notice—one day it was blowing pretty strong, and he did not go to the wheel that day—he said that the Russian took his wheel that day—that was three or four days before the 24th of November, to the best of my knowledge, but I cannot say exactly—it was his next wheel, and a man named Robert Westhoff took his wheel, not the deceased; we left Westhoff at the Cape of Good Hope—on Saturday, the 24th of November, I turned in about half-past one in the day; the prisoner was then on the fore hatch, putting some fancy work on a man's chest, carving his chest with a chisel—when I turned into my bunk the deceased was tattooing Peter McGrath—I did not see any tools near the prisoner at that time; I know he had tools on board; he had an axe—he kept it in his tool-chest, I think; he had two
chests—he kept the tool-chest on the starboard side of the port forecastle—I had seen the axe about two or three days before the 24th of Norember—I never saw it after—it was searched for on the 24th—I slept on the port side of the forecastle, and the deceased slept in the bunk above me—I was awoke by a noise above my head; I was almost asleep—I did not know what it was, and I gave a sort of a slew over—I felt something come dropping on my face; I gave another slew over again—I felt it come running on my face then, and I put my hand on my face, and when I took my hand from my face my hand was all blood—the noise I heard was something like a knocking just above my head—I thought it was too heavy for a man to be moving—I was lying right in my bunk on my right side, with my face towards the ship's side—the blood came down through the bunk boards from above into my bunk; the boards are about an inch apart—when I felt the blood on my face I jumped out of the bunk, looked in the bunk above me, and saw the deceased Marehien laying there with his head almost parted from his shoulders—as I gave a slew over to jump outcome somebody jumped from alongside the bunk towards the forecastle hatchway to go up on the top-gallant forecastle—I could not say who he was—directly after that I called McGrath—the deceased groaned two or three times—I put my hand on his shoulder—there were several cuts on his neck—I put my ear to his chest, and said, "James, James, what is the matter with you?"—he said, "Oh! oh!—that was all he said—I saw traces of blood alongside the bunk—there were drops of blood on my chest and between that and the scuttle—I did not trace them any further—I did not go upon deck then; I paid more attention to the deceased—Westhoff came out of his bunk and asked what was the matter, and he said to the prisoner, "Oh I Charley, Charley, you have done it now!"—the prisoner was then on the top-gallant forecastle, and Westhoff was at the foot of the ladder on the forecastle at the time—I cannot say whether the prisoner made any reply, I was in the forecastle, paying more attention to the man in his bunk, I had no clothes on—the prisoner afterwards came down into the forecastle with the captain and Westhoff, and Westhoff asked him where his tomahawk was—he said it was in his chest—they went and looked in his chest, and could not find it there.
Cross-examined. Q. You say that the prisoner did not eat with you and the crew? A. No—I spoke to him about it—he never said to me that he would cut off one of our heads—I believe he said it to some on board the ship—I heard him threaten many times—he never said he would cut off anybody's head exactly, but I heard him say several times that there was a Russian Fin on board—I was examined at the Cape—what I said was taken down in writing—I heard him threaten many a time what he was going to do, but he never exactly said that he would cut off one of our heads that I know of; he said there was somebody in the ship that he was going to do harm to, and he used to call him a Russian Fin and swear at him—he said two or three times that he would cut off somebody's head, that there was a Russian Fin in the ship—he did not say whose head he would cut off—I cannot rightly say whether he was foolish and weak or not when he was at sea, but when he was ashore he was right—he and I used to go and take a bit of a walk at night, and I did not think that the man was anything that way; he might be, I don't know, I cannot say for that; that was at Penang—I did not think he was any way foolish when he was ashore with me—when he was on board we used to paw a joke that he was soft and the like of that.
MR. COLLINS. Q. How long were you at Penang? A. I was there fourteen days—I knew the prisoner there three or four days—we stopped in the same house, I am not quite sure how many days—he was aboard the ship some days before I went on board—he used to be coming on shore on liberty, and he came to the same house—I stopped with him some days at the house, and had victuals with him there.
PETER McGRATH . I was an able seaman on board the Raby Castle—I joined in Bombay—I knew the deceased seaman Marchien and the prisoner—he shipped at Penang—he used not to take his meals along with us—he used to go away by himself mostly—the deceased spoke to him about it, and threatened to strike him three or four times because he took his meals apart.
Q. How long was that before 24th December? A. I might say all the passage, from the time we left Penang, one time with another; I could not tell to a day—I heard the prisoner, at different times, threaten some Russian Fin, but I never knew who this Russian Fin was—I heard him say, at different times, that he knew the Russian Fin did not like him—he was not speaking to anybody or pointing to anybody, only just talking to himself at his work, or wherever he would be—I could not say who he referred to—he appeared to be talking to himself, muttering—I remember Saturday, 24th November—the deceased had been tattooing my legs that day in the forecastle—there was no one else present at the time—about ten minutes to two o'clock both he and I went to our beds—I did not sleep near him—I slept on the starboard side of the forecastle, about twelve or thirteen yards from him—after I had been asleep some time I was awoke by a kind of noise like heavy blows on something soft, as it appeared to me—I looked across and saw the prisoner standing between my bunk and the deceased's—there was the width of the forecastle between us—the prisoner was standing on a hatch, and he had his two hands up to a little hatch over his head—I suppose he was about three yards from the deceased at that time—I do not know what he was doing with his hands up, there was no ladder there—he had nothing in his hand that I could see—I did not see anything with him—I jumped out of my bunk—M'Cleilan called me by name, and as I jumped out of my bunk the prisoner jumped up through the overhatch; he lifted himself up—when I got up I saw the deceased with his head cut—it appeared a wound like the cut of a knife—I rushed out on deck and reported it to the second officer—about three or four minutes afterwards I saw the prisoner on the top-gallant forecastle—I heard a man sing out, "Aha! Charley you have done it now; where is your hatchet?"—I could see the prisoner's hands, they had blood on them—I believe I spoke to him, but I do not know what I said.
Cross-examined. Q. Did you know the man well that was killed? A. Yes, in regard of being shipmates—I was good friends with him—I had not served with him in any other ship—I was the first to seize hold of the prisoner—I remember his signing some paper—I did not tell him if he did not confess he would be murdered—I believe the second officer said something to him, but not that I heard—I was examined at the Cape—the prisoner was present—what I said was written down, and I afterwards signed it—I was afterwards examined at the Thames Police-court here, in England—I have stated before to-day that the prisoner said he knew the Russian Fin did not like it—I believe I said it at the Cape, and at the Thames Police too.
JURY. Q. The prisoner being a foreigner, what language did he speak on board? A. English.
JAMES BALFE . I was an able seaman on board the Raby Castle—I shipped from Liverpool to Bombay—on the afternoon of 24th November I was near the wheel—I did not hear any alarm, but I saw the prisoner heave an axe over the starboard bow of the ship—I was standing on the high grating to the wheel—I could see from where I was to the starboard bow—the wheel is on a high poop—I saw him throw the axe over the starboard bow, and then come down on the main deck.
JOSIAH HARRIS . I am master of the Raby Castle—she is a British ship, the owners are Messrs. Green well and Hall, of London—the deceased and the prisoner were sailors on board the vessel—the prisoner spoke to me several times, and I to him—he spoke English always—he onee made a remark to me that he would not have shipped in the ship if he had known there was a Russian Fin on board—that was about a week after we left Penang—I told him we had no Russian Fin on board—he said, yes, we had, "That is the man," pointing to the deceased—I think he was on the poop or main deck at the time—I knew he meant that man—I thought the prisoner was a quiet, harmless man, and attentive to all lawful commands—after the deceased was killed I placed the prisoner in irons—I told him he must go in ironsquietl y—he did go quietly—all he said was, "Give me a fair trial, captain."
Cross-examined. Q. Had you frequent opportunities of noticing him while he was on board? A. Yes, there was a general impression that he was a little soft—I should not at all say that he was very soft—I thought he was a little so, because he used to talk a little foolish at times; not to me; I heard of it—I believe he used to walk up and down the deck muttering to himself and laughing.
MR. COLLINS. Q. Did you treat him the same as any other sailors? A. Exactly the same—I paid him 2l. 10s. a month—he fulfilled the duties of a sailor in every case and every way—with the exception of this dislike to the Russian Fin and the muttering, I did not see anything that would lead me to suppose he was insane.
COURT. Q. How long have you been at sea? A. About thirty-two years—I have been master of a ship about fifteen years—I cannot say that I have had any Russian Fins in my crew; if I had I took them as foreigners—we shipped a good many foreigners in Liverpool, and London too—I do not know that there is anything peculiar about a Russian Fin—the deceased was a West Indian Creole—he was a coloured man, very dark—we had no other coloured man on board—yes, I beg your pardon, we had a New Zealander—he was not of a much darker complexion than the deceased, much the same I think—he would be more brown.
Witnesses for the Defence.
WILLIAM VALLER . I am a Norwegian, and master of the ship Progress—I have commanded her twenty-six months—the prisoner served on board that ship at one time—I left San Francisco with the ship on 9th December, 1865—he came on board there—he did not ship under articles, he was to work his passage to Puget Sound—I believe he was a carpenter by trade—the passage took about three weeks—as master I had not so much opportunity as the officers of seeing the man—I had opportunities of seeing him—the opinion I formed from his manner and demeanour was that he was a little idiotish—he behaved sometimes as an idiot—he was not given to quarrelling with his shipmates—his behaviour on board was rather queer sometimes, he was laughing and talking to himself—I did not
form any opinion as to his state of mind at that time—I did not see him again till I saw him in Cape Town—he was discharged at the end of the three weeks—when I saw him at Cape Town he was in custody on this charge—I went on purpose to see him, with the Norwegian Consul there—he recognised me at once—he seemed in a little wilder state then—I noticed his look; it was a general remark of the whole crew on board the Progress that he was foolish, that he behaved sometimes rather queer—they did not call him any name.
Cross-examined by MR. COLLINS. Q. The only experience you had of the man was during the three weeks' voyage I suppose? A. And about a fortnight afterwards—he shipped on board another vessel as an ordinary seaman—he had no carpenter's tools with him when he shipped with me—I principally employed him in caulking the seams of the decks—that was not hard work—at that time my idea of the man was that he was a harmless simple fellow—the moment I saw him in the prison he recognised me and spoke to me at once, and he recognised the rest of the crew—the chief officer and the boatswain went with me—he called me his captain at once—he did not speak in English then, he spoke Swedish—he is a Swede—I believe there is a little animosity or jealousy between the Swedish Fins and the Russian Fins—they do not like each other.
KUND KUNTZEN . I am chief officer on board the Progress—I saw the prisoner in prison at Cape Town—I had previously seen him on board of our ship—he sailed with us on the voyage from San Francisco—he was about six weeks on board with us—I had frequent opportunities of seeing him—when I gave him his orders he would go and do them—he did not say anything, but he would stand and laugh at me—I thought he was a queer sort of a man—he was an idiot—he had not his full senses—I cannot tell you anything peculiar that I have seen him do except that he would laugh always when he was telling me anything—he would go and do the job I told him to do, but he would be very slow in doing it—he was not quarrelsome, he was always on good terms with the crew so far as I know.
Cross-examined. Q. What countryman are you? A. Norwegian—I spoke to the prisoner in Norwegian when I gave him orders—he is a Swede—he understands Norwegian—I think he understands a little English—Norwegian is just the same as his own language—he understood me when I gave him orders—he always laughed when I gave him orders—he did not go immediately to do them—he would go, perhaps, a couple of times round the deck first, and then go and do what I told him—he was a quiet harmless man in the ship.
SOLOMON PETERSON (through an interpreter). I was boatswain on board the Progress—I remember the prisoner joining the ship at San Francisco—I saw him in the prison at Cape Town—I noticed when he was on board that he always laughed when he was ordered to do something—he mostly took his food on deck by himself; he took it from the forecastle—I thought he was not right—that was my opinion when he was on board the Progress.
GUILTY.— DEATH .
MR. COOPER conducted the Prosecution, and MR. M. WILLIAMS the Defence.
seven in the afternoon, I saw the prisoner and his wife in the Goat public-house, 41, Verulam Street—that is not very far from where they lived—the prisoner was very tipsy—his wife was sitting on a seat when I went in, with her eyes closed, very queer—I spoke to her, she returned no answer, but shook her head, and soon afterwards fell down between the bar and a vat which stands in front of the bar—I picked her up—her husband assisted me with her across the road to their own house, 12 or 13, Verulam Street; it is opposite the Goat—I placed her on the second step of the stairs from the bottom of the flight which leads up to the first floor, the second step from the passage—her head was then leaning towards the wainscoat—I left her in her husband's hands, and did not see her afterwards—she never spoke a word to me as she went along, nor to her husband—she said, "Harry, come home," meaning her husband—that was before she fell—it was said in a very faint voice.
Cross-examined. Q. Did the stairs you put her on lead up stairs? A. Yes; the stairs at the bottom of which she was afterwards found lead to the kitchen—one flight leads up stairs, and the other down to the cellar—I heard the prisoner say to her, "The mother put a good dinner on the table for me last Sunday, and I will do the same next Sunday for her"—I have known them two years—they lived on the best of terms, as far as I have seen or heard—I never heard him call her a bad word or an angry name.
CHARLES FRANCIS HAWKINS . I am the son of Harriet Hawkins—I was locked in the kitchen on this day—I heard somebody call Mrs. Hawkins, and they called again, "Is Mrs. Hawkins in?"—I said, "No"—I then looked about and found a key, opened the door, went out, looked up, and Mrs. Snelling slipped—Mr. Snelling whs on the top of the stairs with her—she slipped down the stairs—he was the only person there—he was looking at her as she slipped, and I went up, and she fell backwards down to the bottom—when I first saw her she was sitting like this, with one hand like this, and the other like this, on the first stair—there are only nine stairs, and she fell down to the bottom stairs, down to the stones, which are at the bottom—after she had fallen, her legs were in the back kitchen and her head in the front, in the middle like—I could not say what caused her to fall—I went up and she fell—she was not going up stairs when I first saw her, she wanted to come down—when she fell I went up and told Mr. Snelling—he did not come down—he said, "I thought she went up stairs," and then he came down and caught her by the shoulders, and knocked her head on the stones three or four times—I saw him do that—that was after she had fallen—he was ant helping her up—she did not say anything, she only went like this (making a snoring noise)—after he had knocked her head he said, "Let the b—die"—it was after he got tip stairs he said that.
Cross-examined. Q. Were you locked up in the kitchen? A. Yes—the fall took place about five minutes to seven—when I saw the poor woman she was lying on the back of her head—I did not hear the prisoner say, "Why do not you speak to me?" when he lifted her up in his arms that was when my mother took her in the kitchen—she did not seem to slip from his hands.
Q. You were examined before; have you ever said this: "Before he dashed her head on the stones he said, "Ain't you going to speak to me?" A. He said that in the kitchen—I have not said, "He asked her to speak to him twice, he lifted her up, she had her bonnet on"—I did not say she slipped out of his hands—I did say; when
she slipped out of his hand he left her lying—there was no light brought till my mother came down—I found the prisoner in the yard after this took place.
HARRIET HAWKINS . I am the wife of Charles Francis Hawkins, of 13, Verulam Street—the prisoner has lived on our second floor since 2nd September—he is a painter—on the night in question at ten minutes to seven I returned home from my husband's stables—my little boy spoke to me, and I found Mrs. Snelling lying at the bottom of the stairs—the kitchen is underground—the stairs are old wood, and there are square stones at the bottom—she was insensible, but breathed—I lifted her up and found that I was covered with blood—there was a quantity of blood at the bottom of the stairs and on her head—I sent next door for Mrs. Wallace, and after that the prisoner came down—that was the first time I saw him—I told him she was dying, and I thought we had better have a cab and send her to the hospital—he swore he would not let her go to the hospital—he said he would have her in his own room, and would not have a doctor—I afterwards saw the deceased in her own room; but before that, when the prisoner came down to the kitchen, and I lifted her up, I said, "Mr. Snelling, she will never walk any more;" he then violently gave her a kick, I could not say where; but I understand it was in the stomach—her feet were under her, bent, her head was down, and Mrs. Wallace and I had hold of each arm—I was side-face to the prisoner when he kicked her—I thought she was dying before he gave her the kick—I said that she would never walk again—I sent for two doctors, and then went into her room and saw her on the bed—she lived about an hour from the time that he gave her the kick.
Cross-examined. Q. Standing sideways, you will not undertake to say what part of her body he kicked? A. No, I saw him standing by the bed crying before she died, and heard him say, "For God's sake send for a doctor, I think she is dying;" that was when she was dying, and not before.
COURT. Q. When she was removed up stairs? A. Yes, a few minutes after I came home.
SARAH WALLACE . I am the wife of Thomas Wallace, of 12, Verulam Street—our the 2nd March, a few minutes before seven in the evening, I was sent for, and found Mrs. Snelling in the kitchen bleeding; she had her legs under her and her head forwards—I examined her and found she had been ill-used—I tried to get her to speak, and could not—I sent a little boy up to her husband and told him to come down—Mrs. Hawkins was with me—the prisoner did not come down till I called him myself, and when I called him he said, "Let the b—die and be b—"—he came down after that, and swore and tore a great deal, and used bad language and kicked her violently in the lower part of the stomach—he came down into the kitchen to her from the yard—I was holding her up and Mrs. Hawkins was on the other side—he kicked her at once—she never spoke when he kicked her, but there was breath in her—I expect if she could she would have screamed, but she could not, she was dying.
COURT. Q. Did you think she was dying? A. Yes, I told him so—he asked me afterwards if I would carry her up stairs, as I was a neighbour—I told him I was not in a position to carry her—I held her up on one side—when I told him his wife was dying, he came down and gave the kick.
I was sent for to the prisoner's house; I went to the second floor, and found the prisoner sitting on the side of the bed crying—he said, "For God's sake fetch a doctor"—his wife was lying on the bed—I fetched Doctor Norton, who came with me, but life was extinct—I received information and took the prisoner in custody.
Cross-examined. Q. Was he drunk when you took him? A. Yes.
JOHN NORTON . I am a surgeon, of 38, John Street, Bedford Row—on 2nd March I was sent for to the prisoner's wife—I found her lying on the bed quite dead—I examined the back of her head externally; there was an irregular contused wound about an inch and a half long, which had been bleeding—it was at the back of the head, on the right side—on the following Monday I opened the head—Sunday had intervened—I found a fracture of the bones at the base of the skull, not corresponding with the wound outside, but lower down—the wound was above the fracture—there could not be a blow at the part which was fractured—I believe the cause of death wae fracture of the base of the skull, causing an effusion of blood on the brain—a fall from a staircase on the stones at the bottom, or on the edge of the stairs, would be likely to produce what I saw—there were contusions on each side of the forehead, and on the nose—that had nothing to do with the cause of death—supposing she had fallen down and received that fracture of the skull, I think a person taking her by the shoulders and knocking her on the hard stones would accelerate her death.
COURT. Q. What do you say? A. I think the shaking after the fracture of the skull would cause an effusion of blood, and hasten death—the shaking would only accelerate death a short time, the kick had nothing to do with it, there was no mark.
Cross-examined. Q. You say that the shaking would accelerate death: would shaking to rouse a person accelerate it in the same way? A. Yes.
NOT GUILTY .
NOT GUILTY .
NEW COURT.—Friday, April 12th, 1867.
Before Mr. Recorder.
418. EDWARD BAKER (19) , Stealing half a pint of rum, one gill of shrub, and half a quartern of whiskey, the property of George Francis Honey, his master, upon which MR. KEMP, for the prosecution, offered no evidence.
NOT GUILTY .
MR. BESLEY conducted the Prosecution, and MR. LANGFORD the Defence.
GEORGE FIRMAN (Policeman 325 B). On 22nd February I was on duty in Upper Eccleston Street, and at a little after two o'clock I was near the window of Mr. Glynn's house, which is next door to the Marquis of Downshire's house, in Belgrave Square—the two gardens are divided by a wall—I saw the prisoner jump over the wall of Mr. Glynn's house into the street—he went off, and I caught him, without losing sight of him, fifty or sixty yards from where he jumped over—I asked him what he had done over the wall—he said, "What! me?"—I said, "Yes, you"—he said, "I was not
over the wall or on the wall"—I said,"You were"—he said, "Take me back and show me the place"—I did so, but he said nothing—I saw this knife, open, sticking out of his coat pocket, with the blade upwards—I got hold of the blade and took it from him—he put his foot behind me and I staggered, but did not fall—he ran away, and I saw him throw away something—he ran, I should think, 250 yards before I stopped him—he is the same man—I did not lose sight of him, and there was nobody else about—he was stopped by another constable—I afterwards went to the spot where he had got over, and found this glazier's knife and this candle in the enclosure—I searched him at the station and found this comb, matches, and piece of rope—I went to Mr. Glynn's and roused the butler—the garden had been recently dug, and there were footmarks in the mould up to the window, at which an attempt had been made—the footmarks led to the Marquis of Downshire's, in whose grounds there were footmarks of more than one person, to a spot at the wall where the ivy was pulled down—there were only footmarks of one person in Mr. Glynn's garden—I took off the prisoner's boots, measured them with a bit of stick, and the impressions just corresponded with them, both in the Marquis of Downshire's garden and Mr. Glynn's—the catch of the Marquis of Downshire's ball-room window was forced back, and there was gravel on the window-sill, where they would have to get up to put a knife between the two sashes, and there was a dirty finger-mark over the catch, which was notched or cut as if by a knife—I put the glazier's knife to the catch, and it corresponded—it would open the catch—the area gate it the Marquis of Downshire's was broken—the prisoner said he was a carpencer, and worked for a man named Green—he refused his address—this piece of rope (produced) was found in the Marquis's garden, by the side of the railway—it is the same in point of age and twist as that found in the prisoner's pocket—the area has no steps, but somebody had been down there.
Cross-examined. Q. Has the rope been unravelled? A. Yes—whoever it was came over Mr. Glynn's wall, I was not thrown down—these knives have been used—one is a clasp-knife.
LOUIS CHEVALLEZ . I am house-steward and butler to the Marquis of Downshire, and live in the house—the windows were all apparently secure at eight o'clock, and at ten o'clock the area-gate was properly secured—I afterwards saw some footmarks in the garden corresponding with a shoe which the constable brought—the ball-room is not separate from the rest of the house.
Cross-examined. Q. Was there anything besides heavy furniture in the ball-room? A. There are all the ornaments, gold-moulded, but no small things—the area-gate leads to the kitchen department—it was secured by a catch.
GUILTY .** (See page 556.) Confined Two Years.
THIRD COURT.—Friday, April 12th, 1867.
Before Mr. Common Serjeant.
CHARLES THOMAS MCDONALD (34), to breaking and entering the shop of John Morritt Walter, and stealing therefrom a shawl, his property, having been previously convicted.— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
MR. HOUSTON conducted the Prosecution.
MICHAEL JACKSON HARRIS . I am manager to Phillips and Co., cigar manufacturers, 80, Hackney Road—on 11th March the prisoner came and asked for twelve boxes of cigars, at 8s.—I showed him some, and he said if I would send them to the Bell, in Fleet Street, he would pay the boy—I sent the boy with an invoice—he returned about two hours afterwards without the money—on the same evening I went to the Nottingham Castle, Angel Street, St. Martin's le Grand, and found the prisoner there—I said, "I want the money for the cigars"—he said, "I have not got the money, I gave them to a man to take to Holloway"—I said, "If you like I will go to Holloway with you"—he said, "I cannot go just yet"—I said, "Well, if you like to go with me now, I will pay for a cab, as I only want to get the goods or the money"—he then went into the parlour and spoke to some man—I called him out and said, "Now, what are you going to do; are you going to give me the goods or the money?"—he made no reply, and I called a constable and gave him in charge—the value of the goods was 4l. 16s.—these are part of them (produced).
WALTER EDWARD HUNTERMAN . I am apprenticed to Messrs. Phillips and Co.—on 11th March Harris gave me a parcel of cigars to take to the Bell, in Fleet Street—I went there and found the prisoner standing outside—he said, "I have been waiting here half an hour, and I was just going to take a four-wheeler down to your house"—he took the goods off my shoulder—another man came op—the prisoner gave him the cigars, and he took them into the public-house—I and the prisoner went to the bar, and he asked me to have a glass of cooper—I said, "No; I would rather have a penny"—he said, "All right," and had a glass of cooper himself—he did not give me the penny—he took the invoice out of my hand and said, "We must go down to that gentleman's house for the money"—we walked to the corner of Farringdon Street, where I asked him to wait a minute, while I went into the urinal—when I returned he was gone.
ROBERT CHILDS (Policeman 282). The prisoner was brought to the station on 11th March—the inspector told him the charge; he said, "I did not take the boxes of cigars from the boy, the other man did"—I searched him and found seventeen loose cigars in his pocket, which Mr. Harris identified, and two invoices, one of which was Messrs. Phillips's.
GUILTY . Confined Nine Months.
Before Mr. Common Serjeant.
425. JOHN BUTTERWORTH (27) , Feloniously receiving four cwt. of sugar, the property of Mr. Thompson, knowing it to be stolen; also twenty-eight lb. of tea of Alfred Barough; also four sacks of barley of George Parsons, upon which no evidence was offered.
NOT GUILTY .
426. WILLIAM HURLEY (13) and HENRY MONTAGUE (36) PLEADED GUILTY to stealing one bottle of rum, the property of John Lock Lovibond and others, their masters. HURLEY— Confined One Week. MONTAGUE— Confined Nine Months.
MR. POLAND conducted the Prosecution, and MR. METCALFE the Defence.
JOHN GABRETT . I live at 6, Heath Street, Lewisham, and am engaged in business in London—I am in the habit of receiving bills of exchange from China every mail—they are sent to my address at Lewisham—these bills (produced) are seconds of exchange, I had received the firsts from Hong Kong, they had all been cashed—from the ordinary practice I should expect these to come by the next mail—I also expected one first of exchange for 153l. 17s.—they are on the Hong Kong and Shanghae Banking Company, London—I received no letter by the mail which arrived on 11th February—it should have been delivered at Lewisham on Monday night, the 11th—I saw the prisoner on Thursday, the 14th; an appointment had been made with him the day before by my sister, who gave me four bills late on Wednesday evening, and next morning the prisoner called—I asked him how he became possessed of the bills—he said that he had found them the day before in a railway carriage; that he went up by a train the day before from Lewisham, giving the time; that the train stopped at Spa Road Station, and a lady, who had been talking to a gentleman, who showed her the bills, got out there, and the train went on to London Bridge, where the gentleman got out, who, having taken the bills from his breast-pocket, intended to put them into his pocket behind, instead of which he left them on the seat; that he picked them up and ran after the gentlemau, but could not see him—I asked him what time the train left Lewisham—he said, "The mid-day train"—he mentioned the time, but I do not remember it—I said, "How is it that you did not go to the Lost Property Office"—he said, "Oh! yes, I did, but they would not receive them," and that he then looked at them, and thought he would run off to the Bank with them—I said, "When you went to the Bank, did you put the bill on the counter or put it into the clerk's bands?"—he said that he could not say—he was very flippant, and said that the clerk went to the back to see if it was advised, that it was not, and that the bills were given to him back—I said, "Are you sure a banker had these bills in his hands, and gave them to you back?"—he said, "Yes"—I said, "I believe you have been a banker's clerk"—he said, "Yes"—I said, "What bank?"—he could not recollect, so I suggested the London and County—he said, "Yes, aud that was enough for me"—I asked him to walk to the station to describe the gentleman who left these bills behind him—he went with me—the sergeant who took the
charge asked him his name and where he lived—he hesitated in saying where he lived, but at last said, "The Point, Blackheath"—the sergeant said "That is a large house"—he said, "On Blackheath, it matters not where"—we sent a policeman to the neighbourhood, and found that he was the son of the man who should have delivered the letter—the writing on this bill for 50l. is not mine, but that of my correspondent in China; it is, "Pay J. Garrett, or order, T. M. Anson," under which is "J. Garrett, received"—that is not my writing, and I do not know whose it is; it was on it when the bill was brought to me—the other bills are endorsed in the same way—I have signed the first of exchange to get the money.
JANE THOMS . I am a widow, and am Mr. Garrett's sister—I live with him—on Wednesday afternoon, 13th February, about half-past two o'clock, the prisoner called on me and said that he had found these bills that morning in a railway carriage, a gentleman having dropped them from his pocket, who had been flourishing them about and showing them to a lady who got out at Spa Road Station; that the gentleman got out at London Bridge, and dropped the bills, and he picked them up and followed him, but lost him in the crowd; that a porter came forward to take them, but he thought he had better take them to the Shanghae Bank, in Broad Street—he could scarcely tell me the time of the train he went by, but he guessed about 11.30—I said that he must call again when my brother came home—he left the four bills with me and arranged to call in the evening, which he did, but my brother had not arrived, and he came in the morning.
WILLIAM POWIS . I am porter at the cloak-room, Lost Property Office, London Bridge Station—on Wednesday, 13th February, a few minutes past twelve o'clock, the prisoner came and asked me if that was the Lost Property Office—I said, "Yes"—he said that coming up in the carriage he saw a gentleman flashing some bills; that there was only a lady in the carriage; that he got out at London Bridge after the gentleman, and found the bills—he asked me to take his name and address, and gave his name, Mr. Ralph, Montpellier Vale, Blackheath, at Mrs. Moss's—I saw, "Pay J. Garrett," on one of the bills, which he had in his hand—he said that they were for over 400l.—I told him if anybody called I would give them his direction.
Cross-examined. Q. Did you advise him to go to the Bank? A. No, but he said that he was going.
WILLIAM SMITH . I am a porter at the cloak-room, London Bridge Station—I was present when Powis spoke to the prisoner, shortly after twelve o'clock—he arrived there again shortly after three, saying that he had found the owner of the bills, and had received 20l. reward for his trouble—he walked up towards the station, and then about two yards back again, and I did not see him any more till I was at Greenwich Police-court.
Cross-examined. Q. Are you sure he said he had received the 20l., or that he was to receive it? A. That he had received it for his trouble.
GEORGE HENRY BARRETT . I am a clerk in the Hong Kong and Shanghae Bank, Old Broad Street—on Wednesday, 13th February, between twelve and one o'clock, the prisoner came there and asked me if we had a depositor there named Garrett—I said that we had no depositor of that name, but I knew a gentleman of that name, who occasionally came there with drafts drawn on our branches in China—he asked what his address was—I told him he lived somewhere about Lewisham or Black
heath, I did not know his address—he said that his reason for asking was that he had found some bills in a railway carriage that morning with Mr. Garrett's name on the back, and asked me what sort of man Mr. Garrett was, whether he was a young man, because he saw a young man in the train flourishing some bills of exchange before some ladies, and left the bills on the seat behind him when he got out, and he picked them up and took them to the Lost Property Office, London Bridge, where they advised him to bring them on to the Bank; he then took them out of his pocket, and the manager took them from him—on referring to our books we found that the first of exchange of three of them had been paid—the prisoner first offered to leave them, but ultimately said he thought the best way would be to take them down to Mr. Garrett himself—I asked him to leave his address, which he did, and I found it to be correct, but I do not remember it—it was the manager who spoke to him in my presence about the bills having been paid.
HARRIET REPPINGTON . I am forewoman in a shop where Mrs. Moss lives—about a fortnight before I was examined at the police-court the prisoner came into the shop—it was in February—he asked me if I could change him a note or cheque for 50l.—I told him I could not—he did not show it to me—he then went away—I think it was the beginning of the week.
Cross-examined. Q. Was there a man named Taylor in the shop at the time? A. No; I was talking to a lady—he was not obliged to make some excuse for speaking to me; he did not come into the shop, he only stood at the door—I saw him in the evening, and said something about it—he said that it was of no consequence, as I could not cash it for him—he did not say that he merely made that the excuse for speaking to me, seeing there was some one with me.
MR. POLAND. Q. Was Mrs. Moss present? A. No—it is a boot and shoe shop, kept by Mr. Marsden, who I live with, and not with Mrs. Moss—Mrs. and Miss. Moss live in the upper part of the house.
COURT. Q. What time in the afternoon was it he came? A. Rather late; it was before the gas was lighted—it was quite as late as four or five o'clock—I only knew him before by seeing him come to Mrs. Moss's.
SARAH MOSS . I am a widow, and live at Montpellier Yale, Blackheath—I know the prisoner—I saw him on Monday, Tuesday, and Wednesday, the 11th, 12th, and 13th February—on the Tuesday Miss Reppington came up into my apartments, and said to the prisoner, "Mr. Ralph, I was very sorry I could not cash that bill for you, but we do not keep as much cash in the house"—he said, "It is not of the slightest consequence, Miss Reppington; I can cash it in the morning as I go to town at the bank"—I am sure that was on Tuesday, the 12th—I did not see the bill—I took these letters (produced) from under my daughter's head in bed on Sunday morning last, read them, and, finding what they were, I took them to the detective—I do not know the prisoner's writing.
Cross-examined. Q. How do you know that the 11th, 12th, and 13th were the days he came there? A. Because on Monday he left my house at eight o'clock, which was a thing very unusual—he did not live there; but he came nearly every evening to see my daughter—I remember that it was on Tuesday that the prisoner spoke about the bill, because I had my brother and his wife to tea on Tuesday, and that was the day he spoke about the bill; but they were not there at the time he spoke about it—he spoke in another room; we were going down to tea—that is the only time.
this year that my brother came to tea—he is not here—I did not ask him or his wife what day it was—I had no reason to do so, because I remembered perfectly well—I was at the police-court, but was not examined—I had told the constable what I could say—I heard my daughter examined and Miss Reppington—my daughter seemed not to be able to remember the day, but I did not get up into the witness-box, because I was not asked—I had told the policeman it was Tuesday, and I knew I should be called if it was necessary—I am not so much annoyed with the prisoner as to do any one any harm, but of course it is a very annoying thing for my daughter.
MR. POLAND. Q. Was there any solicitor conducting the case for the prosecution? A. I believe there was, but I do not remember his name.
MARY ANN MOSS . I live at Montpellier Vale, Blackheath—I have known the prisoner since last December—I used to see him every day—he showed me some papers one day—I believe they were these bills—I think it was on the Tuesday—he said they were bills purporting to be about £400, and that he had them to change for a gentleman—he did not say who—I afterwards went with him to Mr. Garrett's—I believe that was the next evening—I remained outside the house; I did not go in—I received these two letters (produced) from the prisoner's father, and one from his father's housekeeper—they were not in envelopes—I do not know whether they are in the prisoner's writing—I have never seen him write—my mother took them from me.
CHARLES RALPH . I live in the parish of Greenwich, and was a letter carrier—Mr. Garrett's house was in my delivery—I was not on duty on the Wednesday in question—my last delivery on Monday night was 8.58—the prisoner is my son—he is turned twenty—I believe he slept in the house on Monday night, 11th February—I cannot say at what time he left in the morning, as he was gone before I returned from my delivery—I left home at 9.25 and returned at 10.5—I cannot say whether he slept at my house on Tuesday night, as I was ill in bed—I delivered all the letters I had to deliver—my son did not deliver any for me—I have seen my son write—I could not positively say whether this letter is in his writing unless I saw his signature, but it is my belief that it is—I did not see him write it—I did not go to my house on Monday night after I had got my letters from the post-office—I went straight on my delivery.
COURT. Q. Were your letters ever at your own house? A. No, they were not; I always went straight from the office to my delivery—I had them in a bag, which I threw on the table when I went home after I had finished—I did not give any papers to Miss Moss to my knowledge—I gave her two notes since my son has been in custody, which were sent to me along with some letters from the prison—I believe these are them—I cannot say, but they are like them—I should think they are my son's writing—this other one is also like his—they came to me in a letter from the prison, through the post office—it is burnt—I opened it—it was directed to me, and was written by my son.
JURY. Q. What is your son? A. He has been acting as deputyreporter, shorthand writer, and so forth—he was never in a bank—he was a letter carrier for a short time some three years ago—I never employed him to carry my letters.
The letters, being put in, were directed to Miss Moss, directing her what evidence to give, and stating that she need not be afraid, as the writer would cross-examine her; requesting her to swear to Wednesday being the day, and not Tuesday, by which means she could save him; and that no one but herself would be present before the Grand Jury, who would then throw out the bill.
MR. METCALFE here stated that it was impossible for him to contend against this evidence; on which the prisoner undertook to conduct his own defence.
WILLIAM CARROLL . I am a clerk in the circulation department of the General Post Office—the mail from China arrived there on Monday, 11th February, about 6.45 in the evening, and any letter in it directed to Blackheath or Lewisham would be forwarded the same night to the SouthEastern office, and ought to have been delivered at Blackheath that night.
JOHN HENRY MORRIS . I am chief clerk in the office of the Surrey Commercial Dock Company—the prisoner was assistant clerk for eight or nine months—he left in September—I have frequently seen him write—I believe the endorsement "J. Garrett" on the back of this bill to be his writing—I have seen him write different hands, and have books in Court to prove it.
Cross-examined by the Prisoner. Q. During the time I was with you did you always find me honest in all things? A. Yes; you had very little opportunity of doing anything to the contrary—I never found you out in a lie—you were honest in all cash matters—it was your duty to take cash and fill up receipts during one hour at dinner-time, for which I used to sign a few receipts beforehand, and you filled them up—to the best of my belief, all these accounts in my books are in your writing.
CHARLES RALPH (Cross-examined by the Prisoner). Q. When you received those four notes, were they in an envelope? A. Yes, I opened it—it was directed to me—your sister gave them to Miss Moss—they came from this prison, to the best of my belief, and I believe them to be your writing—I do not think any of the family have been so zealous in your welfare as to write them for you—I swear there was nothing in my bag when I put it on the table—there was a young woman in the house at the time—she is at Portsmouth.
COURT to MARY ANN MOSS. Q. Has your mother affected you in what you have said? A. No; she knew nothing about it, only what she heard me say, and she went and told the detective all—she has not intimidated me or induced me to say anything contrary to the truth.
Cross-examined by the Prisoner. Q. Have you been at my father's house two or three times? A. Yes—I told him and his housekeeper that I had been suffering from dreadful threats from my mother—she threatened me she would disown me if I swore it was Tuesday, and I did not know that it was Tuesday.
COURT. Q. You say you believe it was Tuesday? A. Yes, but I am not sure—I did not say that I believed it was Tuesday before my mother said anything—I had no chance before—she went and saw the detective before I did, and told him about Mr. Ralph, but she told him nothing—she knew only what she had heard.
Prisoner. Q. When I showed you four bits of paper, can you recollect whether the conversation was about the amount of money I had in my possession? A. No—I saw the bills, but they were rolled up in your hand, folded as they are now—my mother has not induced me to say what is not true, but she said if I did not swear it was Tuesday she would not own me—she has tried all in her power to separate you and me—she said she would give the last drop of her heart's best blood to transport you for life, and I do not mind saying it before her face she told me that she had a private interview with Mr. Mould, the Magistrate, at Greenwich Police-court, before your committal, but I do not know anything about it.
gard to my going to the shop, and asking you to cash a note, were you not afterwards told that it was an excuse? A. No—I have not been in the habit of making secret assignations with you unknown to Miss Moss—I have never walked with you of an evening—you have not often cashed my books for me of an evening—you did not know that I had not 50l. in the shop—I knew that your name was Ralph—you did not present these bills at all—I do not know whether it was a note or a bill.
The prisoner, in his defence, complained that he was deserted by his Counsel. He admitted that he was now suffering from the effects of his duplicity in paying his addresses to the two young women at the same time, and stated that his father had lost his place in the Post Office, which he had held for twenty years, in consequence of this case.
GUILTY . He was further charged with having been before convicted.
THOMAS WATTS . I produce a certificate. (Read:—"Central Criminal Court. Thomas Ralph, convicted November, 1864, on his own confession, of forging an endorsement to a bill of exchange.—Confined One Year.") I was present at the trial—the prisoner is the person—I had him in charge.
Prisoner. Q. What are you? A. I was in the police at that time—I took you at Coutts's bank, in the Strand—you only hadtwelve months' imprisonment, on account of your youth—the bill in that case came from Hong Kong.
GUILTY.— Ten Years' Penal Servitude.
MR. PATER conducted the Prosecution.
ROBERT DUFFIN the elder. I am a cowkeeper, of Forest Hill—the prisoner Duffin is my son; he does not live with me—I have a field about two miles from my house, in the parish of Lewisham, and had two mares grazing there on 9th March, one light grey and the other white; I saw the big one between ten and eleven in the morning—I received information on 11th March, and missed the mares—I found one at a slaughter-house alive, but have not seen the other—I put them at 15l. for the two, but I should not like to take that—I saw both the prisoners near my house on the morning of the 9th, about eleven o'clock—I had not authorised either of them to take the mares.
THOMAS RIBBINS . I am agent to Matilda Winkley, a horse-slaughterer, of Blackfriars, and live at Randall Street, Greenwich—on 9th March, between four and five o'clock, the prisoners called on me with the grey mare, which Mr. Duffin afterwards saw—Duffin said that his father got taken in about the mare; she would not work, and he had sent her to me to be sold—I asked him if he was telling the truth, and Fielder said if I did not think he was telling the truth I was to get up in his cart and he would me to his father's—the prosecutor called a day or two afterwards, and I delivered the mare to him—I knew Fielder, or I should not have bought the mare—I had never seen Duffin before.
Fielder. Q. Which of us was leading the horse? A. Duffin—you did not ask any price for the horse.
JAMES SQUIRES . I am employed by Mr. Duffin—on Saturday, 9th March, from twelve to one in the day, I turned a light grey mare into his field—there was a cob in the field at the time—I locked the gate, but there is another gate down below, which I found unlocked on Monday morning
from the chain, which had been properly secured before the horses were gone—the mare which was sold was worth 5l.; it used to take home grass; it was not in a fit state to sell.
Fielder. Q. Was she lame? A. No—she was a good working animal.
WILLIAM STEADMAN . I am a cow keeper, of Back Place, Forest Hill—on Saturday morning, 9th March, about one o'clock, I was in my cart, and passed the prisoner just beyond the Prince of Wales, going towards Bell Green, where the prosecutor's field is, and all two miles from it—Fielder turned his head, and I saw him very plain—I went to Southend and returned, and met the prisoners again, about ten minutes' past two o'clock—Duffin was leading a mare, and Fielder was at the side of it—they were about fifteen yards from the field, just coming towards Southend—as soon as Fielder saw me he stepped back and turned his face towards the hedge, as if he was making water, but Duffin went on with the mare.
JOHN CRITCHELL (62 P). I received information and took Fielder on 20th March—I told him it was on suspicion of stealing a mare with young Duffin—he said that he knew nothing of it whatever, and that he knew Mr. Duffin the father, but not the son—the prosecutor refused to charge him till his son was taken—I took Duffin next day at the Bricklayers public-house, and told him it was on suspicion of stealing two horses—he said, "Oh! the money is all spent."
Duffin. Q. Are you sure I made that remark? A. perfectly sure.
Fielder. Q. Did you ask me if I knew young Duffin? A. Yes, and you said that you did not—there are three Duffins.
Fielder's Defence. Duffin told me he had an old grey mare he could sell me, and she was down the lane; he asked me three sovereigns for her, and said that his father would rather have her killed. I had no transaction in selling the horse, and he will tell you so if he speaks the truth.
DUFFIN— GUILTY . He was further charged with having been before convicted, at Newington, in January, 1867, to which he PLEADED GUILTY.— Seven Years' Penal Servitude. FIELDER— NOT GUILTY .
MR. DOUGLAS conducted the Prosecution, and MR. M. WILLIAMS the Defence.
HANNAN WREN . I live at 4, Sydenham Cottages, Forest Hill—I was in the habit of employing the elder prisoner to wash and iron—in about the third week in January the younger prisoner came to wash my bedroom—I had placed a brooch in a drawer in my bedroom at ten o'clock on Friday night, and on the following Sunday it was not there—the elder prisoner came to wash on the Saturday, and I asked her if her girl had brought it home—she said no, she had not seen it, and she wished I could find it—I told her of it repeatedly when she came to wash, and I next lost a pair of drawers—she sent the girl on the Friday to know whether I wanted her to come and iron—I said, "No; tell your mother I am in great trouble about the drawers"—I told the girl about the brooch, the mother came to my house and said deliberately, "Mrs. Wren, do you think I have got your drawers? and, about the brooch, do you think my Lizzie has taken it?"—I said, "I don't know; it strikes me I shall see it before I go to bed this night"—I went to a pawnbroker's, and from what I heard there I went to the elder prisoner's lodgings and told her that I had got my brooch—she denied all knowledge of it—I told her I had been to the pawnbroker, and
then she said, "I have found it, and you shall have it in half an hour"—I said, "Let me have it now; where is it?"—she said, "Up stairs; it is not in the house, but I will send for it," and in an hour or less she brought it to my door, and said, "Is this it?"—I said, "Yes"—she then said that she would take the work from me for nothing and pay me for the drawers, and the man she lives with came and offered me 10s.—they had never seen me wear the brooch; it had never been out of my drawer, because I was in mourning for my husband.
Cross-examined. Q. Have you any children? A. Yes, two; but not that can reach to my drawer—my little girl is only three years old—I carry them up to bed, and carry them down—the other is a boy of eight—he is at school all day; he comes home at night, and I have taken him up to bed—nobody had access to my room except the younger prisoner—I value the brooch, because it was a love-token from my husband before I was married—the snow was not on the ground at the time the brooch was taken—my children are not in the habit of playing in the bedrooms—they never go into the bedrooms except with me—I have the whole house.
GEORGE MOXON . I am a pawnbroker, of Forest Hill—I know both the prisoners—on a Saturday in February the younger prisoner brought me this brooch, to know whether it was gold—I tried it, and said yes, gave it back to her, and she took it away—while she was in the shop I saw the other prisoner at the door—the younger prisoner joined her on the step, and they went away together—the younger prisoner said she had found the brooch, and her mother sent her to pawn it—I did not take it, and she returned shortly afterwards and offered it for sale.
Cross-examined. Q. What was the value of it? A. It would cost about 10s., but the intrinsic value would be 4s. for breaking up.
JOHN HUNTER (262 P). I took the prisoners—I told Mary Ann I took, her on suspicion of stealing a brooch and a pair of drawers—she said, "I picked the brooch up outside Mrs. Wren's door one night when it snowed very hard"—Elizabeth said that she knew nothing about it, and had never seen it before the night her mother sent her home to fetch it.
Cross-examined. Q. Were they discharged with regard to the drawers? A. Yes; the prisoners went to buy some meat, the mother had not got enough money, and sent the girl home to fetch the brooch and pawn it.
MARY ANN HOY received a good character.
GUILTY of receiving .— Confined Three Months . ELIZABETH HOY— NOT GUILTY .
MR. HORRY conducted the Prosecution, and MR. HOUSTON the Defence.
JOHN WEBB . I am a draper, of 8, Broadway, Deptford—on Monday night, about a quarter-past eight, I had a roll of about thirty-six yards of shirting outside my door—my boy, William Jones, was watching outside—I heard him call "Master! master!"—I ran to the door, and saw the prisoner with some shirting under his arm—two others were with him—I ran after him and saw him throw it down at the constable's feet—I picked it up—this is it—there is my ticket on it.
Cross-examined. Q. Was it dark? A. Yes—I did not see the prisoner's face, but I did not take my eyes off him till the constable almost had his hand on his shoulder—he just turned the corner, but the constable's hand was on his shoulder as he turned round.
a quarter-past eight, I was outside the door; some one came up and spoke to me, and then I saw the prisoner put this roll of shirting under his arm and run away with it—I told my master.
Cross-examined. Q. Did you see another man there? A. Yes; he asked me the price of some stockings, while the prisoner took the shirting—it was not dark—there was the light of the shop—I saw no one else by the shirting at the time the prisoner came up.
OLINTHUS WILLIAM KING (145 R). I saw the prisoner running with a roll of shirting under his arm, and two other men, not in custody, who shouted to him to drop it, as the bobby was behind him—the prisoner threw it down at my feet, and kept on running—I caught him; the prosecutor was a few yards behind—I did not lose sight of him when he dropped the shirting, but I could not lay hold of him, on account of his collar being too tight—I told him I wanted him for stealing the shirting; he said, "I did not take it."
Cross-examined. Q. How many were running? A. I did not see the faces of the others—I turned the corner with him, and was close to him at the time.
GUILTY . He was farther charged with having been before convicted, in January, 1863, to which he PLEADED GUILTY.— Confined Six Months.
MR. CRAUFURD conducted the Prosecution, and MR. COOPER the Defence.
EMILY FRY . I am barmaid at the Amersham Arms, New Cross—on Friday, 9th March, the prisoner gave me sixpence for one pennyworth of gin—I bent it, and took it back to Mrs. Tuckett, who gave it back to him, as he said that he should lose by it—he paid with a good sixpence and left—on 6th March he came again for one pennyworth of gin—I knew him before he spoke—I served him, and he gave me a bad sixpence—I fetched my mistress, and told her in the prisoner's presence that it was bad—he said that he did not know it was, and offered a good one—he was given in charge—he made great resistance.
Cross-examined. Q. I suppose you have a good number of bad sixpences and shillings in the year? A. Very few, because we are so particular—we give them back, and they change them.
HENRY CLRK (Policeman 199 R). The prisoner was given into my charge for uttering a bad sixpence—he said that he did not know it was bad, and he had never been in the house before—I found on him a good sixpence and half a crown—the barmaid gave me this bad sixpence (produced).
Cross-examined. Q. You found only good money on him? A. Yes—when he said that he was never in the house before I will not swear that he did not add, "That I am aware of."
NOT GUILTY .
MR. COLERIDGE conducted the Prosecution.
ELIZA REDMAN . I am the daughter of Richard Redman, a draper, of Lewisham—on Saturday, 13th March, about 9.15 p.m., the prisoner came for a coloured handkerchief, which came to 8 1/2 d.—he gave me a crown—I slipped it to my sister, and saw her slip it into the till—there was no other crown there—it was afterwards brought into the shop.
of 13th March I was serving a customer (Mrs. Dray) when the prisoner left—I went to the till and took out a crown, a sixpence, and a halfsovereign, which I gave to Mrs. Dray in change—she brought back the crown about half an hour afterwards—I looked at it, believed it to be bad, and gave her 5s. for it—I put it in my waistcoat pocket, took it to Mr. Waterman, and found it was bad—I gave it to the sergeant at the station—I saw the prisoner there, and recognised him.
MARY ANN DRAY . I live at Lewisham—on Saturday evening, 13th March, I was in Mr. Redman's shop, and received a crown from the assistant in change—I kept it in my glove, where there was no other crown—I sent it to a butcher, who refused it, and I took it back to Mr. Redman.
ESTHER KERNER . I am the wife of John Kerner, who keeps the Jolly Farmers beershop, Lewisham—on 13th March, a little after 9 p.m., the prisoner came in for a glass of ale, which came to 2d.—he gave me half a crown, I gave him change, and he left—I kept the half-crown in my hand, showed it to my husband, and he said that it was bad—I took it in my hand, and fetched the prisoner back—he said that he had got a good one, which he would give in return—my husband gave him in custody.
Prisoner. Q. Did you put the half-crown in your purse? A. No, I took my purse in my hand, and was about to do so, but had my doubts that it was good.
FREDERICK EVANS (283 P). I took the prisoner at the Jolly Farmers beershop—he was charged with passing a bad half-crown—he said that he did not know how he came by it—a good half-crown, two shillings, and twopence were found upon him.
Prisoner's Defence. I was at the races the day before, and must have taken them there.
GUILTY .— Confined Eighteen Months.
MR. COLERIDGE conducted the Prosecution.
SUSANNA BETTISON . I keep a general shop at 96, King Street, Woolwich—on 23rd March, about 11 a.m., the prisoner came in for half an ounce of tobacco, which came to threehalfpence—he gave me half a crown—I gave him the change, and after he left I bent it in a detector, and took it over to the George IV., opposite, my house, where it was tried and bent—I followed him half-way down King Street, and said, "I cannot take the half-crown you have given me"—I told him it was bad—he offered me another, but I did not take it—I asked him for the change and the tobacco, and gave him back the half-crown.
Prisoner. Q. Did I seem in any way embarrassed? A. You rather demurred about giving me the change—I saw no one with you.
HRNRY HIGHAM . On 23rd March I received a description of a man who had passed a half-crown, and saw the prisoner on the other side, in company with another man—I followed him nearly half a mile, through the churchyard, into the town, to get assistance—I saw him put his hand
in his pocket, but I was twenty yards behind him—he appeared to give the other man something, and the other man appeared to take something—some females came between us, and I lost sight of them—I then went about twenty yards past them, and spoke to another constable—I then seized the prisoner by the chest, and the other constable seized him by his collar—I seized both the prisoner's hands, and the other constable took from his hands some half-crowns—he said that what he had got in his hand he had just picked up.
Prisoner. Q. Do you know the man who was taken with me? A. I have known him twelve months—I know nothing bad of him—he had no bad money on him—he was discharged—he did not say in my presence that you asked him the way to the London and County Bank—I did not see you stoop.
GEORGE SMITH (202 R). I was with Higham when he took the prisoner—I took three bad half-crowns from his hand—he said that he had just picked them up in the churchyard—three good half-crowns and three halfpence were found on him.
COURT to MRS. BETTISON. Q. Look at those three half-crowns and tell me whether the one you bent is among them? A. No.
The prisoner in his defence stated that he picked the coins up.
GUILTY .— Confined Twelve Months.
MR. CRAUFURD conducted the Prosecution, and MR. PATER the Defence.
MARGARET HOLMES . I am a widow, and keep the Cricketers' Arms beerahop, Sand Street, Woolwich—after nine p.m. on 16th February the prisoner came in with another man—one of them asked for a pint of stout, which I served—he paid for it with a half-crown—I could not say which of them it was—I gave him two shillings and three pennies in change—I put the half-crown in the till—there, was no other there—a man named Clegg was standing in the bar, and after the men had left he said something to me, in consequence of which I looked into the till, and found that the half-crown was bad—my son fetched the prisoner back, and told him he had given me a bad half-crown; the prisoner said if he had he would give me a good one for it, and wanted me to give him back the bad one—the other man came back four or five minutes afterwards—I gave both of them in custody, but the other was discharged by the Magistrate.
WILLIAM CLEGG . I am an engine fitter, of Stratford—I was in Mrs. Holmes's, standing in front of the bar—the prisoner came in with another man—the prisoner called for something to drink, put down half a crown, and took up the change—I spoke to the landlady, and she looked into the till—the son fetched the prisoner back—the other man came back shortly afterwards.
CHARLES HOLMES . My mother showed me a half-crown, and I went after the prisoner—I found him about 400 yards from the house with another man—I touched him on the shoulder and said, "You must come back to the house you have just been to"—the other man walked quickly away—a woman came up and told him not to go—he went back, and I told him he had passed a bad half-crown—he said, "Well, I will give you a good one for it"—the other man came in, and they were both given in custody.
ALFRED HOLLIS (Policeman 84). I was called, and the prisoners were given into my custody—I told them the charge—the other man said that guy man might make a mistake and take a bad half-crown, bat they did not mind going with me to the station, as they had no bad money with them—they were searched at the station, but no bad money was found on them—I produce a crown which I received from Mr. Ellis—the other man was discharged by the Magistrate, after being remanded three weeks.
JAMES ELLIS . My father keeps the Queen Victoria public-house, in Woolwich—on Saturday, 16th February, I was serving in the bar—the prisoner came in between six and seven with another man—the prisoner called for a pint of half-and-half, which came to 2 1/2 d.—he gave me a crown, which I put in the till, and gave him 4s. 9 1/2 d. change—about an hour afterwards my father went to the till and showed me the crown, which was bad—there was no other crown there, and I had not taken any other during the evening—the crown was put on a shelf till Tuesday, and then given to a constable—I saw the other man at the police-court, but could not identify him.
Cross-examined. Q. When were you taken to the station to identify the prisoner? A. On the Tuesday or Wednesday Hollis spoke to me about it—I cannot say whether he told me he had a man in custody for passing bad money—my father and sister were also serving in the bar—I am quite certain the prisoner is the man who gave me the crown.
WILLIAM DAVIES . I am the adopted son of the proprietress of the Golden Marine beershop—on 16th February I was in the bar—shortly after seven the prisoner came in with the man that has been discharged, and asked for a pint of ale, which came to threepence; he gave me a halfcrown—I looked at it and said, "Governor, this is a duffer"—he said, "I know where I got it from"—he put it in his pocket and gave me a good florin—they went away, and I thought no more of it until a constable came.
MR. PATER to ALFRED HOLLIS. Q. Did you not find that several other persons had received a crown of a similar die? A. Yes, I took them to the police-court to identify the prisoner, but they said they had received it from a stouter man.
COURT. Q. Had Mr. Webster examined those crowns? A. No.
GUILTY .— Confined Eighteen Month.
MR. CRAUFURD conducted the Prosecution.
WILLIAM HARES . I am a fishmonger in the High Road, Lewisham—about nine o'clock on 28th March the prisoner came and asked the price of haddocks—I told him sixpence each; he said, "I will have one of these," and gave half a crown—I gave him a florin change—he crossed over the road to another man and said something to him—I followed and took hold of him and said, "You have passed a bad half-crown at my house, and it is not the first time"—he said, "I know nothing about it"—I took him back to my shop, and kept him there until a constable came—he came to my shop just before or just after Christmas for a dried haddock in the same way—he then gave me a bad half-crown, which I kept tome time and then put in the fire; it melted directly.
JOHN HAYMAN (74 P). The prisoner was given into my custody by. Mr. Hayes—I searched him, and found one half-crown, one two-shilling piece, and 4 1/2 d. in coppers, all good—Mr. Hayes gave me this halfcrown (produced).
GUILTY .— Confined Nine Months.
MR. DALY conducted the Prosecution, and MR. COOKE the Defence.
WILLIAM UTTRIDGE (116 R). About half-past three on the morning of 15th March I was on duty in Clifton Road, Now Cross—Mr. Smith's public-house is at the corner of Clifton Road and Angus Street—I saw a light in the house and heard footsteps—some one ran to the side door in Augus Street, pushed it, gave a whistle, and said, "Jack, come on"—directly afterwards I saw the prisoner come out of the front door and run round the corner into Augus Street—I ran after him and caught him about 150 yards off—I never lost sight of him—I asked him what he had run away for—he said, "Nothing"—I then asked him where he dame from—he said, "From the New Cut"—I called Mr. Smith up and he looked over the place and missed several things.
Cross-examined. Q. How far were you standing from the side door? A. About fifteen yards—I was in view of the front door—the other man escaped—there was a lamp near.
JOHN BENJAMIN SMITH . I keep the Dewdrop public-house, in the parish of St. Paul, Deptford—about half-past three on the morning of 18th March I was knocked up by the constable—I came down and found the bar-parlour window open—I also found that the drawers in the bar had been turned out—I had closed the sliding shutters outside about six o'clock the previous evening—there were marks of violence on the door between the bar and the parlour, but it had not been oponed—I went outside and found a box of cigars, a box containing screws, of tobacco, and a rifle, which were safe in my house when I closed it at twelve o'clock—I missed about 5s. from the till—the front door had marks on it as if it had been prised open by a crowbar—it had given way, and I think that is the way they got in.
Cross-examined. Q. What door did you let the constable in at? A. The side door in Augus Street—the shutters of the bar-parlour window were not fastened, because I had lost the screw.
GUILTY .— Confined Twelve Months.
MR. COOPER conducted the Prosecution; MR. MOODY defended Hosborn, and MR. PATER defended Marshall.
ALFRED MUNYARD . I live in the High Road, Lee, Kent, and am a butcher—about one p.m. on 24th February I left my house—I locked it up, and everything was then safe in the rooms—about a quarter to eight I wan fetched from church and found my house had been entered during my absence—some of my neighbours wore there—I examined the street door and found the posts had been injured by some sharp instrument—I examined my bedroom, and found some drawers had been forced
open, and some brooches, two shillings, and some coppers had been taken away—from the parlour I missed four silver table spoons, two salt spoons two picklo forks, one silver jug,0 and two pairs of sugar-tongs—my cashbox had been broken open—these articles (produced) are mine—their value is about 5l.
CHARLES WOODHARD . I live at 7, Hamilton Terrace, High Road, Lee, and am a commission agent—about a quarter-past seveu on the evening of 24th February Mr. Munyard's servant came to my house, and in consequence of what she said I went with my son-in-law to her master's house—I opened the door with a key and saw a glimmering light at the top of the stairs, which was immediately put out—I called out once or twice, "Who's here? is there anybody here?"—directly afterwards I saw two men, and one of them was Hosborn, but I received no answer—I called again, and then the two men came downstairs with a rush—I grappled with Hosborn and he fought most desperately, struck me many times with an iron instrument upon my arm and shoulder—I think this is the instrument (produced)—he stabbed me with great violence with the thick end of this—he dragged me twenty or thirty yards from the door, but I held him until my son-in-law and two or three others came, and then I became quite exhausted from loss of blood—I was taken to a surgeon's, and have suffered very severely ever since—the other, a smaller man, ran up a passage between a fence and our house.
Cross-examined by MR. MOODY. Q. After the lights were put out were you not in complete darkness? A. No, there is a lamp on the opposite side of the road—I could not discern Hotborn's face particularly, but I know that he is the man I grappled with and held until he was given into safe custody.
Cross-examined by MR. PATER. Q. You do not speak to the other man at all? A. I cannot positively identify him, but I have no doubt in my mind.
MR. COOPER. Q. Does he agree in height and stature with the man you saw come down stairs? A. Perfectly.
RICHARD WISE . I live at 1, Tunbridge Villas, Lewisham, and am a draughtsman—I went with my father-in-law to Mr. Munyard's house about seven o'clock on this evening—he opened the door and I stood outside—I saw two men looking out of the first-floor front window—I heard Mr. Woodhard call out, "Who's there?" and saw the light put out—directly afterwards they seemed to me to jump from the top to the bottom of the stairs—Mr. Woodhard caught hold of Hosborn, and I struck him in the face or on the head with a stick—the other man pushed or struck me in the chest, and then ran down Hamilton Terrace towards a stream there—I pursued him a little way—Marshall agrees in height and stature with that man, but I could not swear to his face—I heard Mr. Woodhard call for help and say that he was being stabbed—I ran back and found him struggling with Hosborny who was striking him with this jemmy, which I took from him—a policeman and two other men came to our assistance—while we were taking Hosborn into Mr. Munyard's shop I saw something drop from him, and a cream jug and some brooohes were found on the ground—the policeman searched him—he took off his overcoat and laid it on the table—there was nothing on that part of the table then—when the policeman took the coat off the table a parcel fell from it, some sugar-tongs and forks wrapped in a rag—I told the prisoner those things had fallen from his pocket—he said no, it was a shame to be so hard on a man.
of infonnation I went to Mr. Munyard's shop, where I found Mr. Woodhard and Mr. Wise struggling with Hosborn just outside the shop—we took him into the house—I asked him to let me search him, and he pulled off his overcoat and laid it on the table—I found 2s. 2 1/2 d. on him—on taking his coat off the table a bundle fell from it, which contained these things (produced)—after Hosborn had been locked up I found this fork in a brook close to the house.
COURT. Q. Does Hamilton Terrace lead down to that brook? A. Yes.
EDWARD BALL . I live at Lee Lodge—about half-past 6 on 24th February I went to the Rose public-house, Lee, with Thomas Reynolds, a friend of mine—whilst standing in front of the bar the two prisoners came in—they called for two glasses of cooper and two cigars—Hosborn paid—I am positive the prisoners are the men—they came in about a quarter to seven, and remained only three minutes—Marshall had on a Scotch cap and a black coat—I live directly opposite Mr. Munyard's shop, and on going home I saw the two prisoners standing outside, smoking—I went in, and about five minutes afterwards heard the cry of "Police!" went out, and found Hosborn struggling with Mr. Woodhard and two other men—this is the kind of cap (produced) Marshall had on, but it does not look quite so new.
Cross-examined by MR. PATER. Q. I suppose the men, whoever they were, were strangers to you up to that time? A. Yes; I went to the policestation to identify Marshall the following Sunday—I did not say I could not swear to him, I said he was the same man that I had seen in the public-house, and at the corner of Mr. Munyard's shop—I am certain of that—he wore a Scotch cap and a short jacket, a kind of walking jacket—it was black, with pockets at the side—I did not notice his trousers.
THOMAS REYNOLDS . I live at 1, Albany Terrace, Coldbath, Greenwich—about half-past six on 24th February I went into the Rose public-house with the last witness—about a quarter to seven the two prisoners came in—Marshall had on a Scotch cap—I am quite certain they are the men.
Cross-examined by MR. PATERA. Q. Were you examined before the Magistrate? A. No; I was summoned to attend here to-day—I do not know the difference between a pea jacket or walking jacket—I am a gardener—they were quite strangers to me—a policeman told me to go to the station to identify Marshall.
JOHN STAPLES . At the time this occurred I was living at East Down Farm—on Tuesday, 26th February, I was playing with Mr. Munyard's boy near the stream, and I found the cap (produced) just below the falls—the stream is about twice the length of this Court from Mr. Munyard's house.
JANE COVILL . I reside at 2, Albion Place, High Road, Lee, and am the wife of Jesse Covill, a carpenter—about half-past seven on 24th February I was with my husband near the Bull public-house, in the Lewisham high road, that is about three-quarters of a mile from Mr. Munyard's shop—I was going away from his shop; Marshall came up and asked my husband the way to New Cross—a person coming from Mr. Munyard's shop and going to New Cross would take the road Marshall was taking—I am quite positive he was the man—he had neither hat nor cap on his head; he had on a black coat with pockets at the side—his hair was very wet—on the Sunday following I went to the station and identified him.
Cross-examined by MR. PATER. Q. Did you notice whether hit clothes
were wet? A. I did not—at the station I pointed out a constable and said he was the man—I was very much unnerved at the time—I said he was the man, but at the same time I knew he was not—I knew the constable personally—when we met the prisoner he was coming towards us, but he then took the road for New Cross—when I pointed out the constable as the man he laughed—he did not say, "Try again"—after that the sergeant said, "Take your hats off;" I then said that Marshall was the man.
MR. COOPER. Q. How many people were there at the police-station? A. Several—the policeman was smiling at me when I said he was the man—I knew he was not.
COURT. Q. You mean you said it by way of a joke? A. Yes, by way of a joke—the constable had no coat or waistcoat on.
MR. PATER. Q. How recently before you went to the station had you spoken to the constable? A. Well, I suppose it is three or four months—I had spoken to him several times.
MR. COOPER to CHARLES WOODHARD. Q. I suppose you know this, locality well? A. Very well—I know Ladywell and New Cross very well—this brook runs at the back of my house.
CHARLES COLE (Police Sergeant 23 C). I have known Hosborn a number of years, and Marshall ten or twelve—I have known them as companions for some few years—Marshall generally wears a Scotch cap similiar to this.
Cross-examined by MR. PATER. Q. I believe you saw Marshall on 2nd March, and spoke to him? A. Yes—I had received information of this robbery from the printed form that is sent from the Commissioner's office—it was at the horse repository in St. Martin's Lane where I spoke to him—I said to him, "Mark, I think you are wanted along with Bill Hosborn, or Curly Bill, for a job at Blackheath"—I took off his cap and said, "Let me look at your head," as it was described in our information that it was supposed he had received a blow—I allowed him to go—that was about two p.m., and at night one of the Lee officers came to me and I took him to the Australian Stores, in Little Windmill Street, Haymarket—the prisoner was there, with a number of others—I beckoned him and he came out, and we went down stairs; I said, "Mark, I want you," and there was a man there who had been drinking with a constable of the R division, who said, "Yes, that is the bloke; that is him, I know; turn round and let me look at your neck; that is him, I know"—he was a labouring man—he said to Marshall, "Did not you meet me so-and-so?" and the prisoner made some answer; which I cannot recollect—the man then said, "I won't swear, I should not like to swear to him," so I allowed the prisoner to go back—I cannot say that that man was the husband of Mrs. Covill—a few minutes, afterwards I directed a constable to take Marshall on suspicion.
MR. COOPER to RICHARD WISE. Q. Is this (produced) a correct map of the locality? A. Yes.
COURT to MR. WOODHARD. Q. Does that correctly represent the road? A. As near as possible.
GUILTY .** They were both further charged with having been before convicted, to which they PLEADED GUILTY. HOSBORN— Ten Years' Penal Servitude. MARSHALL— Eight Years' Penal Servitude.
Before Mr. Recorder.
MR. PLATT conducted the Prosecution, and MR. MONTAGU WILLIAMS the Defence.
ROSINA EVANS . I am servant to Mr. James Gamble, who lives at Mortlake—the prisoner is his grandson—he does not live with him—on Sunday evening, 24th March, about half-past seven, I was alone in the house—the prisoner knocked at the door and asked to see Mr. Gamble—I told him that he would not be at home till eight or a quarter past—he said he would come inside and wait—he came into the parlour, but did not sit down; he went straight towards the wall, and turned himself to the wall, and when he turned round I saw that he had a mask on—he said if he could put a shilling or two in my way he would do so—he then asked me to show him Mr. Gamble's room—I said no—he said if I made any row others outside would come to his assistance—I had not seen any one outside—he took a candle and went up stairs; I did not see whether he went into Mr. Gamble's bedroom—I went out the back way to get assistance—I went to Mr. Edwards, who lives close by—I returned with him in about five minutes, in the meantime the prisoner had gone from the house.
Cross-examined. Q. How long was he in the house altogether? A. About a quarter of an hour.
EDWARD EDWARDS . I live at Priestsbridge, Mortlake—the last witness came to me, and I went with her to Mr. Gamble's—I saw the prisoner leave Mr. Gamble's premises and jump over the back fence—he ran across the fields—I ran after him, and called out to him to stop—he turned round and said he would not stop till he was forced—he jumped over a gate, and then turned round again and presented a pistol at my face and pulled the trigger—in the meantime one or two persons had come up, and I saw him strike one man on the head with the pistol—I heard the click of the pistol when he presented it to me—they struggled and fell, and the pistol was at last got from him—he was between five and six yards from me when he presented the pistol at me—it did not go off.
Cross-examined. Q. There were a number of persons running after him? A. Yes—I did not see any stones thrown—I heard the people cry out to throw stones, but I did not see any thrown.
EDWARD PEGRAM . I am a groom at Mortlake—on this Sunday evening I was called to help at Mr. Gamble's—I saw the prisoner leap the fence and run away across the fields, and Mr. Edwards after him—I saw him point the pistol at Edwards and pull the trigger—I heard the trigger go down into the pan—it did not go off—I ran towards him, but somebody else caught him—I laid hold of him and wrenched the pistol out of his hand—we all fell together—a policeman was sent for, and he was taken into custody.
Cross-examined. Q. How far were you from him? A. About ten yards—there were about six people after him—I did not see any stones thrown at him—I heard some one cry out to throw stones.
pistol was given to me the hammer was down, and there was no powder in the pan—I afterwards went to Mr. Gamble's house—I found his bedroom in disorder, the drawers broken open and drawn out—this green leather mask was given to me by the servant.
JAMES GAMBLE . I live at Mortlake—on this Sunday evening I was from home—I returned about eight o'clock—to the best of my belief this is the pistol that I had in my bedroom—I usually kept it in a drawer there—to the best of my belief it was loaded, and had been for four or five months, with powder and small shot, No. 4—when I got home I found everything in my room in disorder, and the contents of the drawers turned out on the floor.
Cross-examined. Q. How long before had you seen the pistol? A. Perhaps somewhere within a month—it must have been some months since the prisoner was at my house—I certainly did not wish to prosecute him—I had placed powder in the pan, but it might have fallen out in being pulled about in the drawer.
----CHRISTIE (Policeman V 172). I was at Mr. Gamble's on the Sunday night—I asked the girl in the prisoner's presence if he was the man—she said she could not exactly say, as he put a green mask over his face—she said it was the same cap as the first man had on that came in.
The Prisoner's Statement before the Magistrate:—"I went to the house, but with no felonious intent; my intention was to inquire after the health of my relations at the Cape of Good Hope. I found the back door open, and went in and sat down for about two minutes; the pistol was then lying on the kitchen table. I heard a noise outside, took up the pistol, and went out at the back door, when I was stopped by some men, who said I was a thief. I told them it was an untruth, and offered them to search me; they did so; some one threw stones at me, and hit one man on the back of the head. I then returned with them to my grandfather's house, and saw the servant and others. One of the officers asked the servant if I was the man, and she said she did not know."
The Recorder, upon examining the pistol, said that it was evident, from its construction, that the priming, if any were there, could not have fallen out, and, as it had been decided by a majority of the Judges that a person cannot attempt to discharge a pistol if it had no priming to it, there was no case to go to the Jury.
NOT GUILTY .
ROSINA EVANS and EDWARD EDWARDS repeated their former evidence, and JAMES GAMBLE added that there was plenty of valuable property which the prisoner might have taken if he had wished to do so. He received a good character.
NOT GUILTY .
MESSRS. BESLEY and LEWIS conducted the Prosecution, and MR. LANGFORD the Defence.
JAMES OAKLEY . I am a mustard manufacturer, of Albion Mills, East Greenwich—on 17th October the prisoner came with a man named Turkin—the prisoner gave the name of Thomas Smith—he introduced Turk in to me, saying that he was a wholesale oilman, having nine shops in London, and that they had come down to buy some goods—they had one of my cards, and said they had had a recommendation from some one who had had goods before, and they wanted to purchase mustard, pepper, washing powder, or anything of that sort—he said that he had several shops, and dealt largely; that he did not want credit, and the money would be paid as soon as the goods were delivered; that Turkin was just about purchasing some property at Norwood Junction, as an oilshop, and was going to settle for it in a week or two—Turkin agreed to take 252lb. of the best mustard, 198lb. of fine Durham, and 216lb. of common, 26 gross of washing-powder, and 38lb. of pepper—the bill came to 38l. 8s.—they were to be delivered on the 20th October at Turkin's shop, opposite the Alexandra Hotel, Norwood Junction—I was to deliver them there personally, and receive the money—on the 17th, when that conversation was about the shop in Norwood Junction, they produced an estimate for some iron shutters for 80l.—I had not got the goods made up, but I went down to Norwood Junction to see if it was correct, and I found Turkin had actually got possession of the shop—the prisoner said he was an ironmonger, I think he said at Highgate—I went down to the Alexandra Hotel on the 20th October, saw the prisoner and Turkin there, and dined with them—Turkin said that they were much disappointed that I had not brought the goods, as he was very much in want of some pepper for some shop at Pimlico—he volunteered to drive mo to Greenwich for it, and I consented to let him have it, and also the washing-powder; the bill for the whole was to be paid when the order was completed, on the 27th—I took the rest of the goods on the 27th to the Alexandra Hotel, where I saw Turkin and the prisoner, and dined with them again—I delivered the goods in their presence at the house opposite the hotel, and gave an invoice to Turkin—the bill came to 38l. odd, and Turkin gave me a cheque for 38l. on the London and County Bank, Kensington Branch—I presented it at the Bank, but did not get the money.
Cross-examined. Q. I think you said that they were going to settle for eight or nine shops? A. Yes; opposite the hotel: I found Turkin in possession of one of them—I made inquiries at the hotel, and of the foreman who had charge of the buildings, and they were satisfactory—I know that pepper bought of me at a certain price is sold for less—I do not know that it is adulterated with ground rice—you can buy mustard at 4d. or 6d. a pound—I sold them some of that at only 4 3/4 d., the common—Turkin was the man who was to pay me.
EDWARD RUSSELL . I am cashier at the Kensington branch of the London and County Bank—no person of the name of Turkin has an account there—I recognise this cheque as having been supplied to a Mr. John Beal, one of our customers.
JOSEPH DAVIES . I am landlord of the Princess Alexandra Hotel, Norwood—I also own seven houses and shops opposite the hotel—about the middle of September Turkin came to me alone, except that he had a little girl with him—I cannot say whether it was before or after 17th October—he had several interviews with me about the houses, both before and after 17th October, but none of them were conveyed to him—he had an
interview with me after the 17th October, to the best of my recollection—on the last occasion I saw him he asked me to lend him one of the houses to store some goods in, as the one he was going to have was not quite finished, and I lent him one—he said that he was an oilman.
Cross-examined. Q. Did he tell you that he was going to open it as an oilman? A. Yes—he had selected one house for himself out of the seven or eight—the prisoner was with him at the second interview.
MR. LEWIS. Q. Can you tell us the date of the second interview? A. It may have been in September—he introduced the prisoner as a party who was going to take one of the shops and open it as an ironmonger's—Turkin gave him the name of Smith.
ROBERT EDWARDS . I am a marble merchant, of Thomas Street, Borough—about the 22nd October a person called on me and gave the name of Turkin—there was a man with him, whom I believe to be the prisoner—they looked over my stock and selected three chimney-pieces—after consulting which they should have, Turkin said that he had some houses at Norwood and wanted the pieces to put into them—the pieces were 20l. 10s.—1l. was to be deducted for discount—they wert to be paid for on the Saturday they were taken away—on the following day Turkin came with a van—I delivered the chimney-pieces to him, and he gave me this cheque (produced) for 19l. 10s. on the London and County Bank—it was already drawn—I presented it on the following Tuesday—it has not been paid—I have since seen the chimney-pieces in the possession of the Finsbury Marble Works.
Cross-examined. Q. Should you know Turkin again? A. Yes.
DANIEL GUINELL . I am salesman to William Wade, upholsterer, of Newington Butts—on 22d October a person named Turkin called—he gave his address Alexandra Hotel, Norwood Junction, and selected carpets, blankets, quilts, hearthrugs, tapestry, stair-rods, crimson damask, and crimson and gold bordering, amounting to 44l. 11s.—they were to be delivered at some shop, building opposite the Alexandra Hotel, and were to be paid for on delivery—I delivered them on the 27th October, at the buildings opposite the Alexandra Hotel, the last house next the railway—I was to meet Turkin at two o'clock, but he did not come till four—the prisoner came while I was delivering them—Turkin gave me this cheque (produced), and said to the prisoner, "I suppose you have come here for a cheque; I will pay you next"—the cheque was signed in my presence—the prisoner could scarcely see it given to me, I think—it was presented through my bank, and has been returned marked "No effects" I have not been paid—on the following Tuesday I went to Tender Street, Bermondsey—I there saw my goods in Elsworthy's possession, not the whole of them by about 11l. 8s.—I took possession of them.
JOSEPH DAVIES (re-examined). The house I let Turkin deposit the goods in was the second one from the railway, but I do not think Mr. Guinell's goods were deposited in that house—I was ill at the time—there was no particular house mentioned—I left word with my foreman to let him have one of the houses—there were four finished.
HANNAH GAGE . I am barmaid at the Alexandra Hotel—I saw the prisoner there in October, and knew him by the name of Smith—a man named Turkin used to come with him, who said, in the prisoner's presence,
that he was going to take a shop opposite the hotel as an ironmonger—the prisoner told me he was coming to live at the house—I saw a van in Mr. Guinell's charge in October, and about four o'clock, or a little later on the same day, Turkin and the prisoner came to the hotel together, and dined together—I could not say whether they went out together; I know Turkin went out—a person named Oakley, who brought some mustard, dined with them.
Cross-examined. Q. The prisoner always conducted himself very well, did he not? A. Yes, I never saw any difference.
RICHARD ELSWORTHY . I am a carman, of 8, Endell Street, Bermondsey—on 17th October two persons called on me for the loan of a cart—the prisoner was one of them—he went by the name of Palmer, and the other by the name of Smith—on 27th October they called again about half-past one in the afternoon, and the prisoner applied for a horse and van to remove some goods—I gave directions to Gosling, and late the same evening I found the van at my house—I did not see the goods in it; I saw the prisoner and the other man next morning, asd they asked if the goods were there in the van—two or three parties came to look at them, and amongst them was Mr. Knox, a neighbour of mine—a light parcel or two was taken out of the van and taken in to the kitchen door—the van stood opposite my kitchen door—they did not tell me where the goods came from—they remained in the van from Saturday till Monday morning, when the prisoner and the other man came again, and the goods were reloaded, and a portion of them taken over the water—neither of them said where the van was to take the goods, but my man went with them and the parties—I have known the prisoner since 28th August, in the name of Thomas Palmer—he has hired vans of me before.
Cross-examined. Q. Did you not think it was incorrect in leaving the goods in the yard? A. No, nor in the parcels going in at my kitchen door—they took a liberty, and I did not stop them, having other business to do—my man did not tell me where they came from, and where they were going to.
WILLIAM GOSLING . I am a carman in the employ of Mr. Elsworthy—I remember two persons coming and ordering a van on the 27th—the prisoner is very much altered, if he was one of them—one of them gave me an address which I have not got, in consequence of which I went to the Princess Alexandra Hotel—I had a little boy with me—I got there about five o'clock, and saw the two persons there who had ordered the van—they told me to back the van round right opposite the shop opposite the hotel—the shop was shut up—I did not go inside, but some goods were handed out to me, casks of mustard, and some carpets, paper parcels, stair-rods, and hearthrugs—after I had loaded they told me to get on the road and they would overtake me—they did not overtake me, and I drove to my master's house, and left the van there—I went there next morning, Sunday, to do the horses, and saw the two men—I had called at Mr. Edwards's on the road, and taken in three mantelpieces, which I took to Mr. Elsworthy's yard.
Cross-examined. Q. When you found these men did not overtake you did you stop for them? A. Yes, at two public-houses—I was about an hour longer than I should have been—I never heard the name of Turkin.
SAMUEL HARRISON . I am an oil and colourman, of Bethnal Green Road—I know Turkin, from buying goods of him—I went to Mr. Elsworthy's premises to look at some mustard, washing-powder, and pepper—I bought thirty-seven 18lb. casks of mustard—thirty-seven is on the invoice, but
thirty-five was all I had—it was brought to me the following day in a van driven by Gosling—I bought it of a short dark man—I did not know his name, but I heard at the last examination that it was Turkin—there were three or four men in the room, but I do not recognise the prisoner as one of them—I paid from 45l. to 46l. for the goods; that included three chimneypieces which I bought of Turkin for 12l.; he asked me 15l. for them, I offered him 12l., he would not take it, and I left them—I got a receipt for the goods—these two receipts (produced) are signed "Watkins"—the short dark man gave them to me—I paid him in gold and silver—I keep a banking account—these receipts are written on paper which is hawked about the street—they were not written at my house, but brought to me.
Cross-examined. Q. Is it not on one of your own vignettes? A. No—I had known Elsworthy before as the little dark man, but a man named Bloomfield asked me if I would buy the mustard and pepper, and if I could go on Sunday morning and look at it—I did so with Bloomfield—I saw Turkin and Elsworthy, they appeared friends together—they were in the parlour when I got there—I bought the mustard, the pepper, and the mantelpieces of the dark man.
SAMCEL LOCKWOOD . I am a hairdresser, of Old Street Road—I was at Elsworthy's house, and bought some cigars for 3l. of a party very much resembling the prisoner and another man—I believe the prisoner to be the man; he gave this receipt, signed Anderson (produced), in the name of Thomas Watkins—he gave me the receipt in the name of Thomas Watkins—the signature on these three receipts in the name of Thomas Watkins resembles this—they are very much alike.
Cross-examined. Q. On what day did you go to Elsworthy's? A. On Sunday, the 28th, about three in the afternoon—a neighbour of mine, Mr. Knox, took me there, and told me that the goods were to be disposed of by a party who had to meet a bill—I am a hairdresser and tobacconist—I did not hear that one of the men went by the name of Turkin—I was not ten minutes in the place—Elsworthy and Knox were in the room when, the bargain was going on, and another man—the man of whom I bought the cigars gave me the receipt.
COURT. Q. Did you see him sign it? A. No—there is a kitchen here, and a room here, I went into that room to look at the cigars, and when I came out, the one called Turkin appealed to this one to know whether he would take the money.
Q. I thought you said there was not a man called Turkin? A. I hear he is called Turkin by the evidence—I was shown the cigars by the one they call Turkin, and he appealed to the one who I believe to be the prisoner, to know whether he would take the money—the man who I have since heard is called Turkin remained with me, and the one I believe to be the prisoner went with the other man and brought me the receipt.
WILLIAM ANDERSON (Policeman 32 P). I took the prisoner on a warrant which I read to him—he said, "I know nothing about it"—I told him he was charged with obtaining goods, in company with Turkin, on 27th October last—I read the warrant to him in the name of Smith alias Palmer—I had previously called him Smith, and told him I had been looking for him some time—he said his name was not Smith—I asked him twice what his name was, and he said, "I shall not tell you"—he had a box with him—I produce several invoices which I took from it, some in the name of Carter, and here are some envelopes directed to Mr. Carter, 4, Tower Street, London Fields, and a baker's bill to Mr. Carter; there is also a copy of a letter without a signature—I took him to the station.
COURT. Q. What are all these papers? A. He has been writing to firms, and receiving their replies—here is one wishing to do business with some large firm in the city, and here is a note on the "bank of engraving"—I have never seen the prisoner write.
MR. LANGFORD to SAMUEL HARRISON. Q. At what o'clock did you go to Elsworthy to have the dealing about the pepper and mustard? A. A little before twelve; we came away at one—I did not hear the little dark man addressed as Turkin—Turkin gave me the receipts—I did not see him write them.
COURT. to R. ELSWORTHY. Q. Do you remember Mr. Lockwood being there? A. Yes, the prisoner is the person who was dealing with him.
MR. LANGFORD. Q. Who is the man that received the 33l. and the 12l.? A. I do not know—I was in and out—I was not sitting in the parlour at all with the dark man till after dinner—Knox and Smith were doing their business together; but I saw no money paid, not a penny—I have not been paid for carting the goods—I did not apply—I was to be paid a pound—the prisoner agreed to pay me that.
COURT to OAKLEY. Q. You say that on the 17th October Smith introduced Turkin to you as a wholesale ironmonger, with nine shops? A. Yes, nine shops in London, and that he was also about buying these shops at Norwood Junction.
GUILTY .— Confined Twelve Months.
Before Mr. Common Serjeant.
444. GEORGE CROSSLEY (21) and SARAH CROSSLEY (20), Feloniously having in their custody a galvanic battery used for the purpose of coining, to which GEORGE CROSSLEY PLEADED GUILTY .— Ten Years' Penal Servitude. MR. POLAND, for the prosecution, offered no evidence against SARAH CROSSLEY, believing her to be the wife of the male prisoner.
NOT GUILTY .
MR. POLAND conducted the Prosecution.
THOMAS BAINES . I keep the Golden Fleece, St. John Street Road, Clerkenwell—on 17th March the prisoner came for a pint and a half of porter, which came to 2 1/2 d.—she gave me a shilling—I put it in the till, there was no other shilling there—I gave her her change, and she left—my wife went to the till about ten minutes afterwards, and showed me a shilling—I bent it and found it bad—I went out to look after the prisoner, but she was gone—my wife put the shilling in the fire and burnt it—on the Wednesday following I saw the prisoner in the street, and followed her to a doctor's shop in St. John's Street—she passed a bad shilling there—she then went to Mr. Clarkson's, and directly she came out, I went in to speak to Miss Clarkson—the prisoner was then coming down the road towards her home; she went away—I put no other shilling in the till afterwards—it was the only one there.
Prisoner. I went in nearly every day for beer.
CHRISTIANA BAINES . I am the wife of the last witness—on 17th March I went to the till, and found only one shilling there, but there were sixpences and fourpenny pieces—the shilling was bad—I showed it to my husband, and afterwards threw it in the fire, as it was bad—I did not see the prisoner on that occasion, but on Monday, the 18th, I served her
with a pint and a half of bear, which came to 2 1/2 d—she gave me a shilling—I tried it, it was bad—I said, "You have given me a bad shilling"—she said, "Dear me, I am so sorry; my husband must have given it to me in mistake; will you give it me back?"—I did so, and she gave me a good one—her husband was in the house, but not at the bar.
JANE CLARKSON . I live at 34, Lloyd's Row, Clerkenwell—on Tuesday, 19th March, the prisoner came and purchased haberdashery to the amount of 1 3/4 d.—she gave a shilling—I told her it was bad—she said that she had taken it in change—she took a portion of the goods and gave me a 1d.,—I afterwards gave the shillong to 170 L.
ELIZABETH ALDERTON . I am barmaid at the Garibaldi beerhouse, Stamfort Street—on 23rd March that man (pointing to Charles Carr; see next case) came for half a pint of porter—he gave me a bad shilling—I bent it, and gave it to Mr. Jones, who gave him in custody.
CHARLES VITALIS JONES . I keep the Garibaldi—on 22nd March the last witness showed me a bad shilling—I went outside and watched Charles Carr—the prisoner joined him, and I followed them about forty yards, to Ground Street, where they separated, and I gave them both in custody with the shilling—the priosoner said that she knew nothing of the man.
Prisoner's Defence. I can assure you I know nothing about it. I never was at the haberdasher's shop: the lady makes a very great mistake. The others are shops that I am in the habit of going to.
MR. POLAND conducted the Prosecution.
Elizabeth Carr's Defence. I would not go in with him, as he had had a drop to drink. The money I had was paid to me. I am an unfortunate girl. I never denied my husband; I said I did not know anything about the bad money.
Charles Carr' Defence. I was not aware it was bad, or I never should have tried to have passed it.
ELIZABETH— GUILTY .**— Confined Nine Months. CHARLES— GUILTY .— Confined Twelve Months.
MR. POLAND conducted the Prosecution.
HARRIET HILSON . My husband is a greengrocer, of 45, Union Street, Borough—on 18th February, between 7 and 8 p.m., I served the prisoner with 31b. of potatoes, at 1d. a pound—she gave me a shilling—I gave her the change and she left—I afterwards looked in the till and found the shilling was bad—I had not mixed it with other money—I gave it to my husband directly—on 25th February the prisoner came again for one pennyworth of onions, and gave me a shilling—I called my husband and told him in her presence that it was bad, and that she gave me another a week
previously—the prisoner said she had never been in the shop before—I am quite sure she is the same woman—my husband gave her in charge.
Prisoner. I never was in the shop but that once in my life—the man was asked what he had done with the first shilling—he said he had it at home, he believed, and if he had he would bring it, and next day he said his wife put it in the fire.
WILLIAM HILSON . On the 18th February my wife gave me a bad shilling—I put it behind the fire, and it dissolved directly—on 23rd February my wife said to me, "This is the woman who gave me the bad shilling last week"—I said, "Serve her"—she did so—I went and stood at the door, and my wife showed me a bad shilling—I told the prisoner she had passed one the previous week, and I should lock her up—she said she was not aware of it; she had been with a gentleman, and it had been given to her for going home with him, and also two eggs and an orange—I gave her in custody, with the shilling, which I marked—she said that she knew nothing about the former shilling, and never was in the house before—I did not say before the Magistrate that I had got the shilling, and afterwards come and say I had thrown it into the fire.
Prisoner. Yes, you did; when you came again you said you had burnt it. Witness. That is not true.
EDWARD CUFFEY (Policeman 149 M). The prisoner was given into my charge on 25th February, with this shilling—she said she was not aware it was bad, and had not been there the previous week—I found two eggs and three halfpence in her reticule—she said that she was a prostitute, and received the shilling from a gentleman.
Prisoner's Defence. I am innocent of the first shilling, and I did not know the second was bad. I did not know I had a penny till I put my hand in my pocket.
GUILTY .— Confined Six Months.
MR. POLAND conducted the Prosecution.
SOPHIA BIRD . I am the wife of William Bird, a gardener, of 11, Spicer Street, Battersea—on 25th February, between three and four p.m., Gregory came in for a quarter of an ounce of tobacco—the price was 1d.—the girl served him, and I walked into the shop and took the shilling; it looked a little brassy, but I weighed it against another shilling, thought it was good, gave him change, and he left—I put it into the till with the shilling I weighed with it—somebody came in and spoke to me—I took the two shillings out, and the one Gregory gave me was bad—I am positive about it, because I only had a new shilling in the till with it, and if I had had another I should not have weighed it against a new one, as it might weigh heavier—I marked it and gave it to the inspector.
STEPHEN GAND (Policeman 104 V). On 25th February, about 2.30, I saw the prisoners together, opposite the Clockhouse, Battersea—they went towards Spicer Street, and I went into the station, and did not see what became of them—I saw them pass the station door about three o'clock, and they stood by a low wall with another one, whom my brother constable took, and who has been discharged.
WILLIAM COOK (Policeman 115 V). I saw the prisoners and another sitting on a low wall—I walked across to them, and Blake ran away—I was in uniform—I followed him and stopped him, and took him to the station—he
tried to give this shilling (produced) to a man who was walking by his side—I snatched at it, and it fell—I picked it up and found it was bad—I said, "You have dropped a shilling"—he said, "Yes"—I received this shilling (produced) from Mrs. Bird at the station—1s. 11d. was found on Blake.
PETER HOOPER (Policeman 59 V). I saw the prisoners on a low wall—Blake ran away—Stacey crossed the road—I took him in custody, took him to the station, and went back and found these five bad shillings (produced) where he had been sitting—I took them to him at the station, and said, "Here are five shillings I found against where you were sitting"—he said that he knew nothing at all about it—I found nothing on him—he said after he was remanded, "This is the second time I have got into trouble about the same money; I only come out on Wednesday last; I put the money where you found it when I went across the road"—he said that his right name was Alfred Bartlett.
WILLIAM WEBSTER . This shilling, dropped by Blake, is bad—this one, uttered by Gregory to Mrs. Bird, is bad, and from the same mould as the first—these other five shillings are also bad, and from the same mould as the first two.
Blake's Defence. I lent Stacey a shilling, and on the morning he came out from his trouble I met him, and he said, "Blake, here is the shilling I owe you." He asked me to take a walk, and when the police came he threw the shillings away, and I tried to do so too. Gregory asked me to hold 11d.; that was how I got it.
Stacey's Defence. I borrowed a shilling of Blake, and when I saw him I paid him with a bad shilling. I afterwards said, "Blake, throw that shilling away, or you will got into trouble."
Gregory's Defence. The shilling I took was what I took for oranges which I sold.
BLAKE— NOT GUILTY .
STACEY**— GUILTY .— Five Years' Penal Servitude.
GREGORY*†— GUILTY .— Confined Eighteen Months.
MR. POLAND conducted the Prosecution.
ANN THORPE . I am the wife of Edward Thorpe, who keeps a faney shop at 239, Old Kent Road—in February the prisoner came for a coloured ball, the price of which was 8d.—he gave me a crown, which I tried and found bad—I sent for a constable and gave him in custody with the coin.
WILLIAM WAINWRIGHT (Policeman 64 M). The prisoner was given into my custody—I took him to the station—I searched him and found a good half-crown and 1 1/2 d.—he was taken to the Southwark Police-court, remanded until the 27th, and then discharged.
WILLIAM HOBBIS . I am barman at the Royal George, Abbey Street, Bermondsey—on 23rd March the prisoner came for a glass of ale—he gave me a florin—I told him it was bad; he then gave me a half-crown, and I gave him 2s. 4d. change—I tried the half-crown and found that was bad also—I asked him if he had any more like it—he called me a thief, and said that was uot the one ho gave me, as the one he gave me was chipped—my master was standing by me at tho time—he looked into the till—there was a good half-crown in it, but I cannot say whether it was chipped—I did not put the bad half-crown in the till.
which I received from the last witness—the landlord gave me a good half-crown—it has been either chipped or bent—I took a bad florin from the prisoner at the public-house, and a bad shilling at the policestation—he said that was not the half-crown he had given the barman—he gave a correct address.
Prisoner's Defence. I took the half-crown and florin for some work I had done—I have worked for Mr. Pocock, in the Southwark Bridge Road, for some time—it is not likely I should have given two bad coins at one place if I had known they were bad.
NOT GUILTY .
MR. POLAND conducted the Prosecution.
JOHN CLARKE . I am landlord of the Black Bull, Rotherhithe—on 26th March the prisoner and another man came to my house—the prisoner asked for a pot of half-and-half, which came to 4d.—he gave me a shilling, which I tried and found bad—I said, "You are the scamp that has been passing other shillings here this afternoon"—he twisted about, and the other man went out—I heard something fall from the prisoner—I jumped over the counter, bolted the door, and told the prisoner I would make an example of him—my potman picked up a bad shilling and handed it to me—I sent for a constable and gave him in charge with the two bad shillings.
THOMAS CRONIN . I am potman at the Black Bull—on 26th March I saw the prisoner give my master a shilling—my master told him it was bad, and then I saw the prisoner throw something away—I looked where he had thrown it, aud found a shilling, which I gave to my master.
Prisoner's Defence. I received these two shillings from Mr. Clarke's house—I had been in there several times during the day, and had changed money there.
GUILTY .— Confined Nine Months.
MR. POLAND conducted the Prosecution; MR. WOOD defended Green, and MR. STARLING defended Joslyn.
SYDNEY BOND . I am barman at the City Arms—on 29th March Green came in for a pint of porter and a pennyworth of tobacco—he gave me a shilling, which I put in the till, gave him 10d. change, and he went away—five or six minutes afterwards Joslyn came in and asked for a glass of sixpenny ale—he gave me a shilling—I gave him his change, and he left—I examined the shilling and found it bad—I then looked in the till and found the other shilling was also bad—I went out and found the prisoners together about 100 yards off, smoking and talking—I gave them into custody with the two shillings.
JOHN WINDOWSON (Policeman 256 M). Joslyn was given into my custody in the Borough Road—Green was standing a little distance off—I took Joslyn to the station, searched him, and found a bad shilling on him, which I produce, as well as two shillings that were given to me by Mr.
Bond—I also found 1s. 3 1/2 d. in coppers, good money, on him—I searched Green when he was brought to the station, and found two sixpences and 6d. in coppers.
Cross-examined by MR. WOOD. Q. Were those coins bad that you found on Green? A. No.
JANE SHEEN . I am the wife of Alfred Sheen, a baker, of 6, Borough Road—on 29th March I saw a constable pass by with Green in custody—I directly went to the door and there found a paper parcel, which I examined—it contained five bad shillings, wrapped separately in paper—I sent for a constable and gave them to him.
Cross-examined by MR. STARLING. Q. Did you see Joslyn pass? A. No—the parcel was on the pavement, about a foot from my door.
EDWIN BICKNELL (269 M). I took Green in the Borough Road on 29th March—when I first saw him he was talking to Joslyn—I took Green past Mr. Sheen's shop, on the same side of the way—when opposite the door I saw him throw something away—Mrs. Sheen afterwards gave me a paper packet containing five bad shillings.
WILLIAM WEBSTER . This shilling found on Joslyn is bad, and the two that were uttered are bad—the one uttered by Green is from the same mould as that found on Joslyn—the five shillings that were in the pocket are all bad, and two of them are from the same mould as that found on Joslyn.
GUILTY .— Confined Nine Months each.
MR. WOOD conducted the Prosecution, and MR. NICHOLSON the Defence.
HENRY TOOZE . I am a carpenter, of 17, Regency Square, Lambeth—between twelve and one on 26th March I was in the Prince of Wales beershop—the prosecutor and his son came in—I was having my dinner—the room is about twelve feet long by six wide—two tables about two feet wide and four feet long were placed near the fireplace, which was at the further end of the room—I was at one table and the prosecutor sat at the other—there were several people in the room, and a lot of militiamen came in—one of them knocked the prosecutor down—I do not know who it was—I did not see the prosecutor do anything—Harding was in the room—I have not been speaking to any of the prisoners' friends about this—I did not assist the prosecutor up, because I thought they might serve me the same—I saw the prosecutor's son knocked down, and afterwards they went outside—I heard the prosecutor say to some of the men, "If you are militiamen let us have a look at the fire"—it was a very snowy day, and I wanted to look at the fire myself.
COURT. Q. Was that before the assault? A. Yes, before any one struck him.
CHARLES CRADDOCK . I am a painter, of 27, Elliott's Row, St. George's Road—on 26th March I was in the Prince of Wales with my son—we had just finished dinner, and were sitting quietly, when a party of from seven to ten men came in and sat on the table—I said, "If you are militiamen you ought to be better behaved"—I had no sooner said that than they all surrounded me and called me all the most vile expressions they could—I got up to go away, and they attacked me—one tried to throw me over the table—my son came to protect me, and they attacked him—I received a violent blow on my mouth, aud my teeth were knocked out—I do not recollect falling—there was great confusion, and a regular hustle among the whole lot—the prisoners are two of the men—they assisted in the
attack—I cannot possibly swear that either of them struck me—I lost six shillings from my left-hand trousers pocket—some of the men rifled my pockets, but I cannot say who they were—I called out as well as I was able, "They are robbing me"—I did not lose my watch.
ALFRED CRADDOCK . I am the son of the last witness—I was with him on 26th March, in the Prince of Wales beershop, sitting opposite him—several people came in and sat before him on the table—he asked them to move, and they used abusive language to him—I told them he was my father, and they were not to insult him—then there was a fight, and some one knocked me under the table, and knelt on the lower part of my body—they left before I got up—when I got up iny father's mouth was full of blood—I did not see anybody holding him when I got up.
COURT. Q. Did you say this: "When I got up I saw three or four holding father against a wall?" A. No; I am not alarmed or frightened at anything now—I saw tthe prisoners two or three minutes afterwards, when I went out to the bar.
ALFRED SHEPHERD . I am potboy at the Prince of Wales beershop—I was cleaning my master's boots at the window in the passage, that is about two yards from the door—I heard a noise—I looked into the room and saw Weston strike the son—Harding was standing by the fire—I ran and told my master.
JANE BROCKLEBANK . I am servant at the Prince of Wales—I heard a noise in the tap-room, went to the door, and saw Harding strike the prosecutor on the mouth—I saw Weston's hand in the prosecutor's pockets distinctly—he had his right hand in prosecutor's left trousers pocket—the prosecutor called out, "They are robbing me"—Weston came up to me and said, "That is right; fetch the master to stop them fighting"—I said, "Why, you are the one"—he then went through the bar to master, and said, "Master, I will fetch a policeman," and went out, but did not return.
Cross-examined. Q. Was the door of tho tap-room open when you saw this? A. Yes; the prosecutor was bent nearly double when Weston had his hand in his pocket—there was eight or nine round him—the row did not last three minutes—the potboy stood close by me, cleaning boots.
HENRY LANNING (Policeman 132 L). I went to tho Prince of Wales beershop about a quarter to seven on 26th March—from information I received, I went in search of Weston, and found him at the Spanish Patriarch, Lower Marsh, Lambeth—I told him the charge—he said, "It was not me"—I handed him over to another constable and went for the prosecutor.
THOMAS PHELAN (Policeman 170 L). I took Harding on the morning of the 28th in the Borough Road—I said, "I want you for being concerned with Weston in a robbery with violence in the Prince of Wales beershop, in the Waterloo Road"—he said, "I do not know where the place is"—I said, "It is opposite the Waterloo Station"—he said, "I know it, but I was not there hat day."
WESTON— GUILTY .**— Seven Years' Penal Servitude. HARDING— GUILTY . He was further charged with having been before convicted, to which he PLEADED GUILTY.— Seven Years' Penal Servitude.
ADJOURNED TO MONDAY, MAY 6TH, 1867.