CENTRAL CRIMINAL COURT
EIGHTH SESSION, HELD JUNE 10TH, 1867.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
BUTTERWORTHS, 7, FLEET STREET,
Law Publishers to the Queen's Most Excellent Majesty.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, June 10th, 1867, and following days,
BEFORE THE RIGHT HON. THOMAS GABRIEL, LORD MAYOR of the City of London; The Hon. Sir JAMES SHAW WILLES , Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir JAMES DUKE , Bart., Sir FRANCIS GRAHAM MOON , Bart., F.S.A., JOHN CARTER , Esq., F.A.S. and F.R.A.S., and WARREN STORMES HALE, Esq., Aldermen of the said City; the Right Hon. RUSSELL GURNEY ; Q.C., M.P., Recorder of the said City; WILLIAM FERNELEY ALLEN, Esq., ROBERT BESLEY , Esq., and WILLIAM JAMES RICHMOND COTTON , Esq., Aldermen of the said City; THOMAS CHAMBERS , Esq., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., Judge of the Sheriffs Court; Her Majesty's Justices of Oyer and Terminer, and General Gaol delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
GABRIEL, MAYOR. EIGHTH 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, November 28th, 1867.
Before Mr. Recorder.
527. WILLIAM BARWELL (22), WILLIAM BULL (49), and WILLIAM JARRARD (20) were indicted for stealing two spoons and other goods of Richard Stoneleigh Illingworth, ia his dwellinghouse. Second count, for feloniously receiving the same.
MR. GRIFFITHS conducted the Prosecution, MR. RIBTON defended Barwell, MR. SLEIGH appeared for Bull, and MR. MONTAGU WILLIAMS for Jarrard.
JOHN SLOW . I was footman to Mr. Richard Stoneleigh Illingworth, of 9, Norfolk Crescent—on Friday, the 3rd of May, Barwell came there about a quarter to nine in the evening—I had known him before—I took him into the pantry—there was some plate there—I cannot remember what plate there was in the basket, but I can remember the plate that was stolen, two table-spoons, three tea-spoons, one dessert-spoon, five forks, and two egg-spoons, all silver; the spoons had my master's crest on them—I had seen them safe at dinner-time—I left the pantry for a short time to take up the coffee, and left Barwell in the pantry—I was away about five minutes—I went back to the pantry, Barwell was there, and he said he must be going—I went out afterwards to get some beer for the maidservants—Barwell went out with me—I was away on that occasion about four minutes, or five it might have been—when I came back, from something said to me, I examined the plate basket—I then missed the plate mentioned in the indictment.
Cross-examined by MR. RIBTON. Q. How long have you known Barwell? A. About six months—a person of the name of Emly is not a friend of mine—I made his acquaintance through Barwell—I have known him about two months—he was outside waiting for Barwell—he came with Barwell, I know that—he had visited me about a week before, on a Sunday—he came to see
me—he stayed with me about twenty minutes—I did not take particular notice, but I should think it was about that time—I had not invited him—that was the first time he visited me—he had been in the pantry on the Sunday, that was the Sunday before the plate was lost—Barwell came to pay me a visit on the Friday, and was with me three-quarters of an hour I should think—he was in the kitchen and in the pantry—the other servants were there—there were three or four maid-servants—I was in the pantry with Barwell when he first came, for about five or six minutes: it was not half an hour—I then went up stairs with the coffee—I might have been gone three or five minutes, when I came down Barwell was still in the pantry—he said he must be going, as he had a friend waiting for him—we went out together—I was not exactly treating the maid-servants that night—the beer was out and I went to fetch a quart—I paid for it out of my own pocket—I had not time to stop it from my master, because I had to leave that night—Barwell and I went to the public-house and had a quart of beer, and I paid for it—we met Emly at the corner, waiting for us—I am quite certain he was never inside the house that night—none of the maidservants are here—I was not out more than four or five minutes—Emly was with us the whole time when I was out—when the plate was missed I was blamed for it—I was discharged and told if I would find the thief my master would take me back again—I did not leave Emly and Barwell at the public-house—they walked to the corner with me, and I went in and left them—I went to Barwell's house the very next morning—I had not seen Emly before I went there—I saw them there, both in bed together—Barwell said, "What brought you here?"—I said, "You will soon know what brought me here"—the policeman then told him the charge—he said, "Good God! John, what do you mean?"—he was just roused out of his sleep—I decline to answer whether I have ever pawned any plate before—I was asked at the police-court if I had ever pawned or sold any plate, and I declined to answer, and I decline now.
EDWARD MACHETT . I am page to Mr. Illingworth—I remember the morning of the 3rd May—I counted my master's plate that day about half-past eleven to a quarter to twelve—I did not see the prisoner Barwell leave the pantry—I saw him leave the house about a quarter-past nine in the evening—the left in company with Slow—after they had gone I looked into the plate basket and missed two table-spoons, two large forks, three small forks, one dessert-spoon, three tea-spoons, and two egg-spoons; they were silver, with a crest on them, a lion rampant—I have seen spoons of the same kind weighed, and they weighed twenty-five ounces.
HENRY ADDISON (Policeman D 34). On Sunday morning, 5th May, I went with Slow to 84, Portland Row, Notting Hill, the house of the prisoner Barwell—I found him in bed—as soon as we entered the room he said, "Good morning, John," that was to Slow, "what on earth brings you here?"—he said, "You will soon know what brings me here"—I then told him I was a police-constable, and told him the charge—he said, "Good God! John, what do you mean? you must be mad; I know nothing at all about it"—I searched him and found nothing on him relative to this.
GEORGE ISAACSON (Policeman D 2). From information I received, I went to 65, Prince's Road, Notting Hill, on 7th May I saw the prisoner Bull there, it is a shop kept by him, a general shop, clothes and other things—I asked him if his name was Bull—he said, "Yes"—I said, "I am a police-sergeant; I want to know if you purchased any plate last week—he said, "No, nothing in particular; some little pieces of old silver, which
have been sold"—I then said, "Did you buy any spoons or forks last week?"—he said, "No, nothing of the kind"—I then produced this tea-spoon, bearing the crest of the lion rampant, and said, "Do you remember seeing that crest, or did you purchase any bearing this crest?"—he said, "No, I never saw the crest before in my life"—I then said, "Have you an assistant of the name of Jarrard?"—he said, "Yes"—I said, "Then do you remember that Jarrard, on the night of the 3rd, paid 13s. for some silver, and that you completed the contract on the following morning by paying 1l. 7s.?"—he said, "No, I never did anything of the kind"—I then saw Jarrard, and said to him, "I am a police-sergeant; I shall ask you some questions, but you need not answer unless you think proper to do so w—I said, "Did you pay 13s. to two young men for some silver bearing the crest of a lion rampant on Friday?"—he hesitated for a long time, and he said, "Well, I don't know; must I answer?"—I said, "Oh! no, not unless you like"—he then said, "Very well, then I refuse to answer that question"—I then called Addison, and we searched the house—this is a list that I made at the time—what I found does not refer to this charge—I found eight duplicates, which I produce—there are three bearing the name of Bar well, one dated 20th April, 1867, for a pair of trousers, 7s.; 2nd May, 1867, one coat, 10s.; and 27th February, 1867, one watch, 15s.—Bull does not keep a pawnshop—he asked me what the particular articles were that were stolen—I read over from a list I had—he said, "That is wrong, at all events"—I said, "How do you know it is wrong if you never saw anything of the kind?"—he said, "Oh; well, I don't exactly understand; if I had time, supposing the silver was got back, which I believe could be done"—I said, "It is too late now; you are in custody; had you told me that when I first came in, things might have borne a different aspect"—the value of the silver that has been stolen is at the lowest 6s. 6d. per ounce; I know that—on the way to the station Bull said, "Supposing the plate did come back, what would the consequence be now?"—I said, "I don't understand you"—Jarrard stepped towards me, and said, "Mr. Bull means, if the plate was got back, would they prosecute?"—I said, "The matter must rest now in the hands of the Magistrate"—when I was searching the house Bull said, "It is no use searching; you will not find it here."
Cross-examined by MR. SLEIGH. Q. Is the name of William Bull up at his place? A. W. Bull is over the door, in Prince's Road, Notting Hill—I did not bring away one of his cards—I saw one afterwards at the remand—he appeared to deal in every description of goods—I saw no appearance of his being a dealer in jewellery or silver—I found a few articles of plated goods in the cupboard in the inner parlour—I found some watches, and some insides of watches—I also found some memorandums—I did not notice any printed books—I found quantities of linen and clothes in all parts of the house, under the sofa, and in every imaginary place—there was the usual furniture in the house—after telling him he must consider himself in custody I said, "I must search your house"—he said, "Very well, do so; you will not find it"—I mentioned before the Magistrate that he said, "If time were given and the silver got back, which I believe could be done," and also what he said on the way to the station—my deposition was read over, and I signed it.
Cross-examined by MR. WILLIAMS. Q. It is the fact, is it not, that Jarrard is in Bull's employment? A. I believe so—I stated before the Magistrate what Jarrard said on the way to the station—I swear that.
—I know Barwell—I saw him on Friday, 3rd May, in the morning, and again in the evening, and I walked with him to Mr. Illingworth's house—I did not go into the house—I am quite sure of that—Barwell went into the house—I don't say how long he remained there—when he came out I walked with him towards Notting Hill—we went to Mr. Bull's shop—before we went there I heard the plate in his pocket, and asked what he had got—he said, "Some plate"—I said, "For God's sake, take it back, and say you only took it for a lark"—he said, "Oh! no, it won't be found out for a month, and then it will be all blown over"—he said he had taken it from Jack, meaning Slow—I went with him to Bull's shop to sell the plate—when we got there we saw Jarrard—the shop was closed—we knocked at the door—Jarrard opened it—Barwell asked for Mr. Bull—Jarrard said he was not at home—the plate was given to Jarrard—he said he could not buy it, Mr. Bull not being there, but he lent 13s. on part of it—he gave 8s., and Mrs. Bull gave 8s., making 13s. altogether, and told us to call the following morning to see Mr. Bull—I can't remember what the plate consisted of—there were forks and spoons, I know, but the quantity I can't say—it consisted of egg-spoons, tea-spoons, dessert-spoons, and small forks, I think, were the principal part; they were silver—there was a crest on them—I should know it again—(looking at a spoon)—it was similar to this, and the same pattern—Jarrard put them in a cupboard in a parlour adjoining the shop.
Cross-examined by MR. RIBTON. Q. Had you been to this house in Norfolk Crescent at any time before this Friday? A. I had, I think it was the Sunday previous, to see Slow—I can't say how long I remained with him, it might have been twenty minutes—I was in the pantry—I can't say now where I met Barwell—I think we were lodging in the same house at the time—I did not go for him to find him out—we went together to Notfolk Crescent—we had been out in the morning together—he asked me to walk with him to Norfolk Crescent; we went out, not with the intention of going there, but when we got outside he asked me to walk with him there, and when we got there he asked me to stay outside while we went in—Slow came out with him and stood a quart of ale—I can't say how long I had known Slow, I only visited him that once—I went on the Sunday to see Slow; not about anything—I stayed in the pantry the whole time—I saw the basket with baize over it—I did not see the plate in the cupboard—I did not know where it was or where it ought to have been; it was the first pantry I was ever in—I can't call to mind what we were talking about during the twenty minutes—I am now out of employment—I dare say I have been so nine or ten months—my parents are supporting me, I have been living with them—they put me in business—I was never in the service of Messrs. Lee and Jerdein—I have been falsely charged with an offence, and I have now an action pending—I was accused of forgery and embezzlement by Mr. Bevan, a builder and brickmaker, in whose service I was; I was not charged—I went into his service in May, 1863, and left in September—I was accused of putting his name at the back of a cheque for 95l. and receiving the money—I was discharged when the brickmaking season was over—he brought this accusation two or three weeks after I was discharged—he sent for me to his residence, and accused me there—I did not receive the cheque—I ought to have received it, and went to receive it, but they would not pay me, they said they would pay my employer—I have been in employment since then—I was with the Kensington Park Brewery, and travelled for Mr. Clayton, of Regent Street—my
parents then put me into the cigar and tobacco business, that turned out a failure; for the last eight or nine months I have been doing nothing—it was publicly known at Mr. Bevan's that this charge had been brought against me, that was in 1863, and it was afterwards known that he had withdrawn it from me, and laid it on his son—I have an action now pending against him—I did not bring the action before, because I have lost my chief witness—I put it into one solicitor's hands, and he kept it for a year and a half, and never did anything—I was then recommended to another solicitor—it has not come on yet—he told me he had issued the citation—I have been in the service of Mr. Wiley, a coal agent, at Kensington—I was discharged for carelessness—while I was there a cash-box was taken, with money in it—I don't think I was seen on the night it was missed in the Haymarket, with a good deal of money—I was only sixteen years of age at that time—I am now twenty-three—I was discharged about ten days after the cash-box was lost—after that I went into my father's business, and remained with him about two years, or two and a half—I forget whether I went into any other service before I went to Mr. Bevan's—I did not tell Mr. Bevan I had been at Wiley's—he did not ask for my character—I did not tell him about the cash-box—when we got to Bull's I, of course, knew that this property was stolen—I did not know it was stolen from Slow—I did not know that he had it under his control—I did not know what situation he held, whether he was footman or butler—I had been in the pantry with him on the Sunday—I did not know he had charge of the plate—I swear that.
MR. GRIFFITH. Q. Have you ever been convicted of any offence? A. Never; my father is a chemist—he supports me now—we were to call and see Bull the following morning—we did call on the Saturday morning, and the remainder of the plate was given up, and 1l. 7s. paid by Bull, making altogether 2l.
MR. SLEIGH. Was Barwell with you? A. Yes.
COURT. Q. Who was present? A. Bull and Jarrard—when we first applied Jarrard was down in the area—he looked up and said, "All right—he came up and opened the door, and called Bull down—he was getting up—we waited—we had some plate with us at that time—I don't know how much—we received 1l. 7s. for it—the whole of the plate was not given on the Friday—the 1l. 7s. was given to Barwell, and the plate was given to Bull.
The depositions of Emly and Isaacs were put in and read.
BARWELL— GUILTY .— Eighteen Months' Imprisonment. BULL— GUILTY .*— Five Years' Penal Servitude. JARRARD— NOT GUILTY .
JOSEPH ROBERTS . I am in the employ of Messrs. Copestake and Co.—on Monday, 13th May, about nine o'clock, I was in the Old Bailey, and saw a cab with a box on it and the prisoner behind the cab—I watched him for a few seconds and saw him jump off the axle of the cab with the box in his arms—he dropped it on the ground, as if it was too heavy for him; he left it—I ran after him till he was stopped by a policeman.
Street, Whitcchapcl—this is my box—I had it on the cab on this night—it contained two dresses, a gold ring, and other articles.
GUILTY .— Six Months' Imprisonment.
EDWIN BACHE . I am getting on for fifteen years of age, and am in the employment of George and Samuel Goode, tobacconists, of Newgate Street—I have known the prisoner since May 27; he was standing outside my master's place—he spoke to me and asked if I would get him some tobacco and he would give me eighteenpence a pound for it—I said, "No"—he then told me that I had been robbing my master—I said I had not—he said he knew I had, and if I did not get him four pounds of tobacco he would come and tell my master—he walked with me to the back of the Post Office—I afterwards went back to my work, and when I came out to tea at five o'clock he was still standing outside—he told me that tobacco was easy to be got out, I could put it in my shirt and in my cap—I told him I could not do it—he said if I did not he should come in and told the governor—I went in again, and when I came out at eight o'clock he was still standing outside—he said if I did not get him two pounds of snuff the following day he would come in to Mr. Goode—while I was with him at the back of the Post Office he told me he knew another boy about a year ago working at Mason's who used to get him some tobacco pouches, and he used to make 2l. a week, and he also knew another boy working at a shoemaker's who used to take a pair of boots away every night—I saw no more of him till Wednesday, the 29th May, at one o'clock in the afternoon—he then asked me if I was going to get him anything—I said, "No"—I afterwards told my masters what had occurred, and by their directions I went out and told the prisoner that I would meet him at seven o'clock at the Post Office—Mr. Alfred Goode gave me half a pound of tobacco to give to the prisoner—I met him at seven o'clock at the Post Office and gave him the tobacco—ho put it in his pocket—the officer came up and took him into custody—he did not give me anything for it.
Prisoner. Q. Have you not been bringing tobacco from Mr. Goode's for the last three months? A. No, not any—I did not tell you that I bought it of the foreman at the wholesale price—we have not got a foreman—I did not tell you that you should have it at two shillings or two and sixpence a pound; nothing of the sort—I never gave my little brother some to take home at dinner-time, nor my cousin—I have never taken any out.
RICHARD HARMER . I am clerk to Messrs. Goode—in consequence of something which the lost witness said, some tobacco was given to him with my knowledge—he had directions as to what he was to do with it—the wholesale price of that tobacco is 3s. 3d. a pound.
JOHN FROST (City Policeman 567). On the evening of 29th May I received directions, in consequence of which I watched the prisoner and the witness Bache—I saw Bache come under the portico of the General Pest Office and give the prisoner a parcel—I went up and took him into custody, and asked what he had in his pockets—he pulled out this parcel and gave it to me.
GUILTY .†— Twelve Months' Imprisonment.
531. HENRY MARSHALL (32), to a burglary in the dwellinghouse of Thomas Owen, and stealiug 130 yards of cloth, value 70l., his property, having been before convicted.— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
533. JAMES FOSTER (14), EDWIN FOSTER (12), and JOHN HATTON (12), to a burglary in the dwelling-house of James Newman, and stealing three sheets and other articles. JAMES FOSTER— Nine Months' Imprisonment. EDWIN FOSTER and HATTON**— Three Years in a Reformatory. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, June 10th, 1867.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
ALICE HALL . I am the wife of George Hall, a cheesemonger, of 8, Minories—on 29th May, about 10.30 a.m., I served Payne with two eggs, which came to 1 1/2 d.—she gave me a shilling—I gave her a sixpence and 4 1/2 d. in copper, and put it in the till—there was no other shilling there—Boardman then came in—I looked at the shilling—there was no other there—I found it was bad and placed it on a shelf.
CHARLES REEVE . I am a linendraper, of 124, Minories—on 24th May, about eleven o'clock, a woman came in and bought a skein of silk—she gave me a shilling—I pressed it with my finger; it bent easily, and I gave it to her back and said, "I believe this is a bad one"—she went out, leaving the silk behind—Boardman came in and told me something—I cannot swear to the prisoner.
ELIZABETH LEBEAU . My husband is a cowkeeper, of Royal Mint Street, Whitechapel—Payne came in about eleven o'clock for two eggs, and gave me a shilling—I bent it with my teeth and told him it was bad—she took it and went out without saying a word, and leaving the eggs.
JOHN BOARDMAN . I am a boot-closer—on 29th May I was in Bishopsgate Street about ten o'clock and saw the prisoners walking and talking together—I followed them, and saw Payne go into Mr. Hall's shop—Clements remained a few yards off, walking up and down—Payne came out in a minute and joined him—they went down towards Tower Hill, and I saw Payne hand something to Clements—he then handed something to her, and she went into Mr. Reeve's shop, while he walked up and down as before—she came out, joined him, and they went towards Royal Mint Street, where Payne went into Mr. Lebeau's dairy, and Clements remained outside—Payne came out in a great hurry, and I had not time to go in—they went up Leman Street and I gave them in custody.
CLEMENTS. Q. Do you get your living by following policeman and going to police-courts? A. No, but I stopped a boy with a pair of stolen
boots once—you asked me whether I knew you to be an utterer of base coin, and I said, "Yes."
MR. COLERIDGE. Q. Are you a boot-closer? A. Yes—I am not in the pay of the police.
GEORGE PADFIELD (Policeman H 188). I received Payne in custody—Clements was forty or fifty yards off—I assisted in taking him—he was told the charge, and said that he never saw Payne in his life—he was on the ground, lying on his stomach, attempting to swallow something—I held him by the throat till he was nearly strangled, and then he swallowed it—four of us had to take him by main force to the station—I searched him and found 2s. 6d. in silver, 10d. in copper, two broken eggs, and a piece of soap—on Payne was found some note-paper and a key—they gave false addresses—the lad brought this counterfeit coin (produced) to the station.
Clements's Defence. I have made inquiries, and find that Boardman gets his living by hanging about police-courts and going as a witness, and if he gets no victims he gets no pay.
GUILTY . They were both charged with being before convicted of a like offence, to which they PLEADED GUILTY.— Five Years each in Penal Servitude.
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
JANE GROVES . I am the wife of Henry Groves, confectioner, of Silver Street, Enfield—on Friday night, 3rd May, between eight and nine p.m., Bishop came in for two penny puff's—he gave me a florin—I gave him a shilling, a sixpence, and a fourpenny-piece, and put the florin in my purse, where there was no other florin—he left, and I found the florin was bad the same evening—I saw my man Taylor mark it—I gave it to my husband, who gave it to the policeman.
ELIZA WARD . My husband keeps a general shop not two minutes' walk from Mr. Groves's—on 3rd May, between seven and nine p.m., I served Bishop with some bread and a saveloy—he gave me a florin—I gave him 1s. 6d. and 4d.—I put it in my pocket with a fourpenny-piece and some copper—I had no other florin—I afterwards found it was bad, and gave it to the policeman.
ELIZABETH HORRETT . I keep the Jolly Butchers, Baker Street, Enfield, ten minutes' walk from Silver Street—on 3rd May, about 9.15 p.m., I served Bishop with twopenny worth of tobacco—he gave me a florin—I gave him his change, and he went out while I had it in my hand looking at it—I showed it to my grandson, who bent it with his teeth.
WILLIAM CAPP . I am the grandson of the last witness, and reside with her—I went into the shop and found Bishop there—White was standing outside the door, looking up and down the street—I saw Bishop served, my grandmother handed me the florin—I tried it with my teeth,
found it was bad, and went for a policeman—I found Bishop 300 yards off, coming out of Mr. Young's shop—White was outside—they were taken outside the tobacconist's—I heard them charged—they said nothing.
GEORGE HILL (Policeman 254 Y). I was called by the last witness, and took Bishop coming out of the tobacconist's—White was outside; another constable took him—I took them to the station, went back to the spot where White had stood, and picked up three florins; two were in paper, and one was lying separate—I received this florin (produced) from Capp.
THOMAS EDWARDS (Policeman Y 297). I assisted in bringing White into the station, and found on him 12s. in shillings and sixpence, 3s. 5 1/2 d. in copper, and three packages of tobacco—I went with Hill, and saw him pick up the bad florins.
WILLIAM SHARMAN (Policeman 56 Y). Mrs. Ward came to the station and gave me this counterfeit coin (produced)—I brought Bishop out of the cell, and she identified him directly—I got this florin (produced)—from Mr. Groves, the confectioner's—Mrs. Groves identified it.
Bishop's statement before the Magistrate was that he was out of work, and met White, who sent him into the different shops for articles, and gave him the money to pay for them.
Bishop's Defence. I was out of work, and was told I could get a job at Enfield. I met White there, who promised me a job in London, and offered to pay my fare back. He sent me into these shops, and gave me the money to pay for the articles. I gave them to him and the change.
BISHOP— NOT GUILTY .
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution.
HERBERT EDWARD POTTER . I am assistant to Messrs. Peart and Dosseter, hosiers, of 12 and 13, Poultry—on 12th May the two females at the back of the dock (Hill and Stephens), came in for a collar, which came to 1s.—one of them gave me a half-crown—I gave her 1s. 6d. change—I gave it to another young man, who gave it to another, who tried it, and said that it was bad—the other one had gone out in the meanwhile—this (produced) is the collar I served them with—I know it by the name which is stamped on it—I did not see the prisoner.
HENRY JESSE . I am an assistant to Peart and Dosseter—I saw the females making a purchase—Potter handed me the coin—I bent it easily, but in the meantime they had left the shop—I followed them and found them turning down St. Swithin's Lane—I hailed a policeman—when they got nearly to the bottom they met the prisoner; something passed from them to him—I stopped him and one of the women, and the policeman took the other woman—I put the half-crown in my pocket, and took it to the station—I had no other half-crown.
followed the females—I kept close behind him—I saw the prisoner standing in St. Swithin's Lane—they spoke to him, and one of them passed a small white paper parcel to him, which he put in his pocket—I beckoned to Jesse, and we took them in custody—the prisoner ran away, but Jesse caught him—on the way to the station I saw a black parcel in his hand—two boys were passing—he pulled them both towards him, and then shoved one on one side, and I saw that the parcel had gone from his hand—I called another officer, and we took the prisoners to the station, where a little boy, named Wilkins, brought a parcel, and said in the prisoner's presence that he had put it into the bib of his apron—I opened it—it contained these live bad half-crowns (produced) wrapped up separately, with paper between each—one of them dropped out as he took it out—I found on the prisoner 4d. in halfpence, and these two collars wrapped up is separate papers—Hill was searched, and a half-crown, a florin, 4s., a sixpence, and 11d. in copper was found on her.
Prisoner. Q. When did the boy come in? A. Before any of you were searched.
JOHN WILKIN . I am twelve years old, and live with my parents in Hackney Road—I was in Cannon Street, and saw the prisoner taken—he shoved a paper parcel, wrapped up in a bit of black rag, into the bib of my apron—a man then came up to me and said that it was his brother, and he would give me threepence for it—he gave it back to me again, and I took it to the station.
Prisoner. Q. Did you see my hand? A. Yes; I did not see anything in it.
Prisoner's Defence. I know nothing of the females; I never saw them till the day in question. I was going down St. Swithin's Lane, and they were in front of me. The pavement is narrow; I tried to pass, and one of them said, "Where are you shoving to?" I made an apology, and asked her to have a glass of ale. One of them put this parcel into my hand, and Jesse seized hold of me. If the policeman had seen anything in my hand he would have tried to secure it. He did not attempt to search me till the boy came in. I think the man who offered the boy threepence gave him the parcel.
GUILTY .—He was further charged with having been before convicted, at Maidstone, in October, 1866, to which he PLEADED GUILTY. (See next cast)
MESSRS. CRAUFURD and COLERIDGE conducted the Prosecution, and MR. PATER defended Stephens.
The evidence in the former case was read over to the witnesses, to which they assented.
Hill's Defence. I did not know that the half-crown was bad. I had other large money as well.
REYNOLDS— GUILTY .— Five Years' Penal Servitude. HILL— GUILTY. — Nine Months' Imprisonment. STEPHENS— NOT GUILTY .
MR. CRAUFURD conducted the Prosecution.
—on 13th May, about half-past three in the afternoon, the prisoner came in for a pickwick cigar—he gave me sixpence—I gave him the change, and noticed that the sixpence was rather dark round the edge—I put it the till, there were other sixpences there—the prisoner went away and came again at half-past six, for a penny pickwick—I recognised him—he gave me sixpence—I gave him fivepence, one of which had a notch on the edge—after he had gone I found the sixpence was bad—I then looked in the till and found that the first one was bad—I went after the prisoner and found him looking in at a public-house window—I went past him—he tucked up his collar and ran away—I caught him and told him I wanted him for passing a bad sixpence—he said,"Why do not you take me, then?"—I brought him back to the shop and gave him in custody—I gave the sixpences to my master.
PRISONER'S DEFENCE. I went in once. I never was in the place before.
GUILTY.—Recommended to mercy by the Jury on account of his youth. — Four Months' Imprisonment.
OLD COURT.—Tuesday, June 11th, 1867.
Before Mr. Recorder.
543. WILLIAM GIRLING BALLS (41) , to unlawfully and corruptly receiving from John Thomas 10l. for an appointment in the Post Office.—The prisoner received a good character.— Nine Months' Imprisonment. [Pleaded guilty: See original trial image.]
544. WILLIAM GEORGE REDDING (21) , to embezzling three sums amounting to 26l. of her Majesty's Postmaster-General. Second Count, of William Johnson. He received a good character.— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
MR. DALY conducted the Prosecution, and MR. LE BEETON defended Brennan.
WILLIAM CURTIS (Policeman F 285). A little before three on Saturday morning, 10th May, I heard cries of "Police!" in Grenville Row—I saw Pearce in the custody of another constable—I had seen him in company with Brennan about a quarter of an hour before, about twenty yards from
the prosecutor's house—they were walking along in the middle of the road talking—Brennan was brought back about an hour and a half afterwards.
DENNIS DEVINE (Policeman S 356). About half-past four on this morning I saw Brennan in Abbey Road, about a quarter or half a mile from the prosecutor's house—he was by himself—I asked where he was going at that early hour—he said to the Victoria public-house, on an errand—I asked him if he had not been out all night—he said, no, he had just got out of bed—from information I had received, I charged him with being concerned in this robbery—he denied it—he said his father was a clerk employed near the Victoria—I took him into custody.
EDWARD LINES . I am a job-master, of 29, Grenville Row—about three o'clock in the morning I was awoke by my wife addressing the prisoner Pearce—he was at the foot of the bed—I asked what he did there—I seized him and got my purse back, containing a sum of money—I believe there were two persona in the house, from what my wife said to me—she is not here.
BRENNAN— NOT GUILTY .
MR. DALY conducted the Prosecution; MR. M. WILLIAMS appeared for James, MR. COLLINS for Danvers, and MR. STRAIGHT for Collins.
GEORGE LLOYD (Policeman D 222). About one o'clock on Saturday morning, 24th May, I saw the two male prisoners in the Windsor Castle public-house before it was closed—they left and went down the Edgware Road, and turned to the right towards Maida Hill; knowing that was not their direct way home, I followed them—they stopped in front of Lyon Terrace, before the prosecutor's house—I passed them some short distance, looked back, and saw they were following me—I turned down Maida Hill West—I saw them come and look after me, they then turned back again and I lost sight of them—about a quarter to two I went down the Edgware Road, and saw all three of the prisoners in the Edgware Road, opposite the Metropolitan Music Hall—the female said to the others, "Now, are you coming, or I shall go without you?"—they all three joined together and went to Maida Hill again—I followed them—they stopped in front of Lyon Terrace, the prosecutor's house—I stopped also—I lost sight of the two men—they went into the garden in front of the house—I suppose the female stood outside on the pavement, watching—some person came by who I suppose disturbed them, and they left the house and came together on the pavement out of the garden; they then parted—the female went towards Kilburn and the two men towards Hyde Park—the female went up towards Maida Hill, then crossed over the road on to the same side that I was, and came past me, and as she caught sight of me she went "Hush! hush!"—James said, "What is the matter?"—they all three joined together, and James came back a short distance to see who I was (I was in plain clothes), and then all three joined together and went away—I did not suppose they had done what they had, and I could not see a uniform man at the time—I got the assistance of 63 D as soon as I could find him, and went to 11, Lyon Terrace—I saw this piece of moreen lying on the ledge outside—the window was shut down in its proper place—I then called up the inmates—there was a slight scratch on the window as if done by a finger-nail, or something of that kind—I afterwards went to Collins's lodgings—I told her I should take her into custody—she said, "What for?"—I said, "For
being concerned in a robbery at Maida Hill"—she said she had nothing to do with it, and had got nothing there, only what was her own—63 D shoved up the register-stove and pulled out this counterpane—she said, "Day gave it to me" (James's proper name is Day;) "he is always getting me into some bother or another"—I then went to Danvers's lodging—I knocked at the door, and he answered almost immediately from the area—he was undressed, all but his slippers—I told him I wanted him for being concerned with two others in a robbery at Maida Hill—he said he knew nothing about it, he had been home early—I took him into custody and took him to the station and then went to James's—I found him in bed—he said he had been in very early and had not been out; that he had been to two public-houses in the neighbourhood, the Crown and Gunstead's, to have a pot of beer with a friend—I found a large clasp-knife in his stocking, at the top of his boot, and a shilling—I took him to the station.
Cross-examined by MR. WILLIAMS. Q. Have you ever said a word before to-day about James going across the road to the woman, and saying, "What is the matter?" A. Yes—I said it at the police-court—I also said that the woman made a signal—I mentioned the names of the two public-houses that he had been to, but I believe that is not in the deposition.
Cross-examined by MR. COLLINS. Q. Have you ever said a word before to-day about Danvers being in the area? A. Yes—I went into the house—the landlord let me in.
Cross-examined by MR. STRAIGHT. Q. Collins is an unfortunate woman, is she not? A. I believe so.
JAMES LAGON (Policeman 63 D). About a quarter to two on this Saturday morning I went to 11, Lyon Terrace, being called by the last witness—I saw that piece of moreen lying on the window ledge, outside the window—I went to Collins's lodging and found this counterpane up the chimney—it dropped down when I lifted up the register—I asked if she knew how it came there—she said, "No"—I said, "You must know"—she said, "I put it there; they gave it to me."
GEORGE BOWRING . I am a dyer, and live at 11, Lyon Terrace—this counterpane and moreen belong to me—they were on the ledge inside the window—on this Saturday night the window was shut, but I am not positive that it was fastened—that property is worth about 30s—nothing else was missing.
MARIA BOWRING . I am the prosecutor's niece, and live with him—I saw the front parlour window shut about half-past ten or eleven on the Saturday night—I am not sure whether it was fastened—I was the last up in the room that night—that property was then safe inside the window.
GUILTY . Danvers and Collins were further charged with previous convictions, to which they PLEADED GUILTY. JAMES— Eighteen Months' Imprisonment. DANVERS— Seven Years' Penal Servitude. COLLINS— Twelve Months' Imprisonment.
MR. DALY conducted the Prosecution.
AUGUSTA LEE . I am a widow, and live at 2, Hope Town Lane, Bromley—the prisoner was in my service about a fortnight—about a week after she left I was awoke one night about twelve o'clock by the dog making a fuss, as he does with me when I return home—I came down stairs and
saw the prisoner going down the garden as fast as she could, with a bundle in her hand—I saw her go down Thomas Street opposite, and join two boys and a man—she gave the bundle to the biggest man, and they all went down the road together—I found two matches on the floor in the kitchen, of the same description as some I afterwards saw found on the prisoner—I had seen the house fastened at nine o'clock the night before—when I came down the window and door were both open, and I missed three shirts and a counterpane, a dress and a jacket, and 3l. 10s. in money—I was afterwards sent for to the police-court, and saw the prisoner there, with ray dress on—she has got it on now—she also had my cloak and victorine on—they were safe in the house on the night in question.
Prisoner. I only took a dress and a jacket.
GUILTY .— Nine Months' Imprisonment.
FRANCES SCOTT . I am a widow, and keep the King's Arms, at 123, Shoreditch—I know the prisoner as a frequenter of my house—on Wednesday, the 8th May, I had some friends at my house, and did not go to bed till, ten minutes to three in the morning—I left the house perfectly safe, as usual—about five minutes after five I was awoke by the bell being rung—in consequence of what was said to me, I sent my barman down with the keys to open the door—I went down afterwards and missed 2l., which I had left on the bar table when I went to bed.
Prisoner. Q. Who were you aroused by? A. I cannot tell who rang the bell—I believe it was my tenant's wife, who is here—I could not say whether any one had been concealed in the premises—I do not think any one could have been concealed in the bar parlour without my knowing it—they might have been in the cellar, but they could not have got to the bar parlour without getting through some window, as the door on the staircase was locked—I did not find any window open—I had been robbed in a similar way about ten days before—any one secreted in the house might have got out at the staircase window, which was not fastened, and they could get from that window to the bar parlour—I found that window closed.
PHCEBE ABBOTT . I am the wife of James Abbott—he has stables in the King's Arms Yard, joining the prosccutrix's house—on Wednesday morning, the 8th May, between half-past four and five, I was up, and saw the prisoner come from the King's Arms—I knew him by using the house—he came out of the back door into the yard opposite my office door, and went out at the wicket gate and turned down Old Street—I went to see whether he had been let out or not—I found the door open leading into the bar, but the street door was fast—I knocked and sent one of our men to ring the bell and give an alarm.
Prisoner. Q. Who locks the wicket gate at night? A. I cannot say; we do not live on the premises.
Prisoner. Q. Were you aroused in the morning? A. No person could get from Abbott's yard on to the leads and into the staircase window—
there was a ladder in the yard, about three yards from the window—they could get from the staircase window to the bar parlour.
WILLIAM BRISTOW . I am a Hackney carriage attendant—on the evening of the 7th May, about ten minutes past seven, I saw the prisoner about thirty yards from the King's Arms, leaning against the rails of St. Leonard's Church.
Prisoner's Defence. I am quite innocent.
NOT GUILTY .
MR. LILLEY conducted the Prosecution, and MR. F. H. LEWIS the Defence.
ELIZABETH GALE . I am single, and did live at 76, Rahere Street, Goswell Road, but left a fortnight ago—on 11th February I was lodging with the prisoner's wife; he was not the landlord of the house at that time—I had a sum of 10l., which I was desirous of depositing in the Post Office Savings Bank—I went with the prisoner for that purpose to the savings bank, in High Street, Islington—I deposited the money and received a depositor's book—the prisoner did not act in my behalf in any way on that occasion, he merely accompanied me—on 9th March I had occasion to draw 5l.—I asked the prisoner if he would withdraw me 5l., as I was not able to go out myself—he said he could not do it without the book, and I gave it him at that date; it was on a Saturday—the prisoner did not bring me the money or return the book—I waited till the following Saturday, the 16th March—I was not able to see him during the week, I was not well enough—in the following week I wrote to him, asking him if he had received the money—I received a letter in reply—I have not got it—ou the Friday I wrote to his wife—I saw her on the Saturday, and received some information from her—I afterwards sent my landlady somewhere with her—she gave me some information when she came back—after that I went to the post-office near St. Paul's Churchyard, and these documents (produced) were shown to me—I see my name here—it is not my writing—it was not signed by my authority—I see upon this same document some handwriting of the prisoner's—I never gave him or any one else authority I sign for me, or to withdraw the 10l. at any time—the authority I gave him was to withdraw the 5l. on 9th March—when I applied at the office I found my money had been paid out.
Cross-examined. Q. How long had you known Mr. and Mrs. Lyons? A. About eighteen months—the prisoner has written for me to my mother on two or three occasions, also to my brother-in-law—he never signed my name, always his own, and written on my behalf—I was not confined at his house, I was at 76, Rahere Street, on 1st April—the deposit was in my name—my name was in the book, his was not—the money was deposited for me by him—I know Mrs. Anderson; I always thought she was the prisoner's wife; she went by the name of Mrs. Lyons—he was talking of going to Paris about a fortnight after the money had been deposited—I did not say that I was sorry I had put the money into the bank, as I could not take it out without him; I said nothing to that effect—I did not towards the end of February ask him to take the money out for me, and to sign for it, as I had never written my name there—I had not written ray name—I have seen Mr. Grogan
on two occasions—the prisoner did not give me 3s. about 1st May tellingjme it was off the 10l.—I received a deposit book at the office—I gave it to the prisoner on 9th March, not before—I don't know that I know a person of the name of Kempton—I was confined on 1st April of an illegitimate child—the prisoner wrote a letter to the father of the child on my behalf—there was an affiliation summons, and the prisoner attended on my behalf; no witnesses were examined—it was about 16th March that I found out that the money had been paid out without my authority, and that my signature had been forged—I told him of it as soon as I was able to see him; that was just before my confinement—I told him he had forged my name—he said he had had a letter from the office, and he had been to see a solicitor, and the solicitor had told him not to trouble, but to keep quiet; I gave him into custody on the 6th May; I had then been out three weeks—I called once or twice for money that he owed me, because he left me penniless when he took this from the bank; he had borrowed 5l. of me just before.
MR. LILLEY. Q. When was that? A. Just before he withdrew the 10l.—he came about the 28th, and paid me some of it, and said he would renew the I O U each time he paid me something off that 5l.; it was in February that he borrowed the 5l., nearly three weeks before 9th March; he had paid off part of the 5l. before 9th March, and he paid off some after my confinement, in the presence of Mrs. Anderson—he wrote to my mother on my behalf, because he said he was landlord of the house, and I had always conducted myself respectably, he offered to write for me—I never received back the deposit book—I did not sign my name when I went and deposited the money, I signed my name afterwards, when I went to see the papers for them to see if my signature corresponded.
ELIZABETH HILLYER . I am an assistant at the post-office in High Street, Islington—I produce a declaration of trust made on the deposit of 10l. by the prisoner; he was accompanied by a female, I do not: remember her—this paper bears my signature—the depositor signs a book I at the time of the deposit—the female did not sign a book—I do not I remember whether any statement was made by her in the prisoner's presence as to whom the money belonged—the documents were forwarded to the General Post Office the same night in the usual course of business—I made an entry, this is it—I saw the prisoner again when he withdrew, the money—I paid it to him—ho did not produce the depositor's book; he said he had lost it—I asked him for it—he signed this receipt in my presence—he went away to get Elizabeth Gale's signature, and when he returned he produced this paper, with the signature, "Elizabeth Gale," on it.
Cross-examined. Q. I suppose if he had signed the name of Elizabeth Gale in your presence you would not have acted upon the document, whether he had authority or not? A. Oh! no; I required her signature, and he went to get it—I refused to pay the money without it.
ROBERT JAMES . I am a clerk in the General Post Office, St. Martin's le-Grand—I have produced the papers relating to this deposit of 10l. in the Islington Post Office Savings Bank; also the notice of withdrawal and the receipt—when a deposit is made by a trustee the signature of the trustee only is required; but when the money is withdrawn the signature both of the trustee and the depositor is required—I produce two letters, dated 23rd February and 25th March.
Cross-examined. Q. Would a notice of withdrawal be obtained from the office by any person desirous of withdrawing? A. It is obtained at any receiving-office or post-office—it is not given at the time of the deposit—the declaration of trust is kept at the General Post Office.
ELIZABETH GALE (re-examined). These two letters are in the prisoner's writing—they are signed "James Lyons." (These letters were applications to the Comptroller of the Savings Bank Department, General Post Office, for a warrant to receive the 10l., stating the loss of the deposit book. The receipt was put in and read.) I know Mr. Sturgeon—I have opened the door to him on one or two occasions while I was with the prisoner—I did not in his presence, in the middle of February, authorise the prisoner to withdraw the money from the bank—I never agreed to receive it back in instalments of 10s., not this 10l.—the 67. that he owed me I did.
WILLIAM PATER (Policeman N 107). I took the prisoner—I told him he was charged with forging 10l. on the Post Office Savings Bank—he said it was a false charge—that was all he said—he said nothing about the receipt of the money.
Cross-examined. Q. Did he not say he had received the money, but it Was a false charge? A. Yes, I believe he did say those words.
Witnesses for the Defence.
ELIZA JANE ANDERSON . In the early part of February last I was living at 2, Barford Street, Islington—I never lived with the prisoner—I have been his housekeeper before, but I was passing in my own name—I never dropped my name—I remember his depositing this money for Miss Gale—he paid it in for her as trustee—I believe it was on the 11th—I remember something being said about his going to Paris afterwards—I believe it was either on the 12th or 13th—I know it was about then, because there were some valentines to be written to Miss Gale's little brothers and sisters by the prisoner—a party came into the room, and she said to the prisoner, "I will write you a valentine while you are in Paris," and then she said, "By the bye, Lyons, how about my money? I shall not be able to get it out if you go to Paris"—he said, "You will not want the money yet, will you?" and she said, "I think you had better give notice and have it drawn before you go; you can get it without me"—towards the latter part of the month I recollect her saying that she wanted the 10l. out, 5l. for her confinement, and 5l. she would put away in her own name, and of course he could get it and sign her name, as he had always done—she said he had signed her name for her in the deposit book when she put the money in.
Cross-examined. Q. Have you ever passed in the name of Mrs. Lyons? A. Never to my knowledge—I would never have it—I have sometimes been called Mrs. Lyons, but I never was, neither did I wish them to call me so—the prisoner did not go to Paris—I did not know that he had borrowed money of Miss Gale—I know nothing of their money affairs—they were very intimate—this occurred at 2, Barford Street—she was stopping in the house with the prisoner, at the time—I was examined before the Magistrate—she gave him authority to draw the money—she called to see me afterwards, and said, "Is Lyons gone about the money?"—I said I did not know—she said, "Well. I must have it; I shall require it shortly"—I am certain that was in February—getting towards the latter end, near the 20th—it was not in March—I believe she was confined the last day of March—it was not a fortnight before that that she came and asked if Lyons had got the money—the house we were lodging in belonged to Mr.
Coleman—I took the apartments—Miss Gale was stopping with us till she was settled—she was there the latter end of December, January, and February—she went away about 15th February, after she received her money—she went out and received it from some gentleman, I do not know who—Mr. Lyons was six months trying to get it for her—I think it was about 9th or 10th February that she got it—Mr. Lyons went out to get a 27l. bill, to send some of it to her mother.
WILLIAM KEMPTON . I am a house decorator—I have no exact place of business—I do jobs where I can get them—I live in Cambridge Place, Kilburn—I remember seeing the prisoner with a bank deposit book at the latter end of February, this year—I did not see the contents of it.
Cross-examined. Q. Might it not have been at the beginning of March? A. No—I have a very good reason for remembering the date, for I was seized with the gout going home, and I had about a week or ten days of it, and I got out at the beginning of March, the 1st or the 2nd—I never saw the book again—Miss Gale was present, it was in Barford Street, and there was a little conversation about money matters—I was asked to become security for 50l., the book was lying on the table between the two of them.
THOMAS STURGEON . I am a builder and contractor, of Fisher Street, Red Lion Square, Holborn—on 12th February I went to the house in Barford Street—Mrs. Anderson opened the door—I asked for Mr. Lyons—I went up and saw him and Miss Gale—I said to the prisoner, "When are you going to Paris?"—he said, "In March"—Miss Gale said,"Oh! I did not think you were going so soon; I shall want my money long before you return"—he said, "I did not think you would require it until my return"—I said, "What is it?"—ho said, "It is a matter of 10l., that I have deposited in the savings bank for her"—I said, "It is not too late now; you can get it out again";—he said, "If you want it I will get it for you"—she said, "Very well"—he said, "When shall I get it?"—she said, "As soon as you like"—ho said, "I shall require your signature"—she said, "No, you will not; you can sign for me if necessary."
Cross-examined. Q. Were you examined before the Magistrate? A. No—I know the date of this, because I had a bill that I wanted attended to by Mr. Lyons, as he usually did matters of that kind for me—it was coming due on the 14th, and I wanted him to attend to it for me—I know it was on the 14th—I called twice that day—it was about five or six o'clock that I saw him—I did not see him again till I heard that he was in the House of Detention—I made no memorandum of the conversation—I was surprised and annoyed at seeing Miss Gale there, I hardly condescended to notice her—Mrs. Anderson was not present—she let me in.
JAMES GROGAN . I am a commission broker, and live in George's Road, Holloway—I recollect the sum of 3s. being paid by the prisoner to the prosecutrix on a Friday in the first week in May—he said, "Now, Miss Gale, this will make a pound off the 10l."
Cross-examined. Q. Where was this? A. In the Liverpool Road—the 3s. came out of my pocket—there was another person present, a friend of mine, named Brand—he is not here.
GUILTY .— Eighteen Months' Imprisonment.
NEW COURT.—Tuesday, June 11th, 1867.
Before Mr. Common Serjeant.
MESSRS. MCCREMORE and STRAIGHT conducted the Prosecutions; MR. COOPER appeared for Carter, and MR. RIBTON for Henderson.
CHARLOTTE NAPTON . I am barmaid at the Cock tavern, Edgware Road—on 8th May, about four o'clock, Henderson came in for three half-penny worth of gin—he gave me a bad shilling—I bent it double, and told him it was bad—he asked to look at it—I bent it up before I gave it to him—it bent easily—he said that it was a very bad one, and broke it in pieces—I do not know what ho did with them—he gave me a good shilling—I gave him the change and he left.
Cross-examined by MR. RIBTON. Q. Did you put it in the till? A. No—he broke it in his mouth.
GEORGE BARNES . I am barman at the Priory tavern, Kilburn—on 8th May, between four and five o'clock, Carter came for a glass of half-and-half, which came to 1 1/2 d.—he gave me a shilling—I put it in the till and gave him 10 1/2 d.—as soon as he was gone I took it out and found it was bad—I am sure it was the same—this is it (produced)—I went out, saw two constables, and gave information.
Cross-examined by MR. COOPER. Q. Did you put it into the till through the hole at the top? A. No—I opened the till and threw it in—I had not served other people about that time—there were not three or four other men in the bar, only one, and he gave me 3d. for some rum—I looked at the shilling before I threw it in—I took it out not one minute afterwards—I found two shillings there, one was a lion shilling, and this is a Victoria one.
MR. MCCREMORK. Q. Did you notice that it was a Victoria shilling before you put it in first? A. Yes.
GEORGE BLAKE (Policeman X 56). On 8th May Mr. Barnes spoke to me—I had previously noticed the prisoners—Henderson came out from the Cock tavern, joined Carter in the Edgware Road, and went down the Station Road for the Priory tavern, where they went into, a urinal and came out, and Henderson sat himself on a horse trough—Carter went into the tavern, came out, and went along St. George's Terrace; Henderson followed him—I went after them, and came up to them at the rear of some buildings—my brother constable caught Carter, and we took him back to the Priory tavern—this shilling was given to me by the barman, who said that he took it from Carter—Carter said that he did not know it was a bud one—I told my brother constable to take him to the station, and at that moment I saw Henderson standing in St. George's Terrace—I went up to him and told him I wanted him for being concerned with that man in custody in attempting to pass counterfeit coin, pointing to Carter—he said, "I know nothing at all about that man"—I told him I should take him back the to Cock—he said that he did not know where it was—I found on him 6d. in silver and 5d. in copper, good money.
Cross-examined by MR. COOPER. Q. Did he not say, "I do not believe I passed a bad shilling; if I did I did not know it?" A. I never heard it—I did not sec Carter searched, as I was searching Henderson at the time.
Cross-examined by MR. RIBTON. Q. How long before had you seen
Henderson? A. I saw him come out of the Cock, half an hour before—they met in the Edgware Road, near the Cock, and walked together towards the Priory tavern—I did not see Henderson run away—what he said was, "I know nothing about that man," not about the money.
GEORGE TWISS (Policeman X 166). On 8th May, about half-past four o'clock, I saw Henderson in St. George's Terrace, and Carter walking about ten yards ahead of him; we followed them—they joined about ten yards before they got to the Priory Road, where they stood about half's minute and then parted; one went to Upton Road and the other down Priory Road; they saw us—my brother constable followed them—Carter ran towards some new buildings and into my arms—we had lost sight of Henderson then—Carter said that he was in search of a closet—I took him back to the Priory and the barman charged him—I took him to the station, and found a florin, two sixpences, and 5d. in copper on him, good money.
Cross-examined by MR. COOPER. Q. You know he is a bricklayer, do not you, now? A. No, and I have made inquiries—I did not hear him say he did not know he had passed bad money or a single syllable, though I walked with him to the station.
NOT GUILTY .
MESSRS. COLERIDGE and MCCREMORE conducted the Prosecution.
JANE ROBERTS . I am barmaid at the Hart tavern, Russell Street, Covent Garden—on 18th March, between 9 and 10 p.m., the prisoners came in together—Wilson asked for a pint of half-and-half and gave me a shilling—I took it to my master and mistress and sent for a policeman—I brought it back to the bar, and my mistress asked Wilson if he knew it was bad—he said, no, and that he got it in change down Drury Lane—I gave it to the constable, and the prisoners were taken in custody—they both drank of the half-and-half, and paid with a good shilling.
CYRENIUS DUDMAN (Policeman F 81). On 18th March the prisoners were given into my custody with this shilling—they were taken to the station, but the landlord would not press the charge, and they were let go—I have kept the shilling ever since, and marked it.
ELIZABETH HUDSON . I am the wife of Edward Hudson, a licensed victualler, of Warwick Place, Holborn—on 14th May, about half-past ten at night, I served Williams with twopennyworth of gin and hot water—he gave me a bad shilling—I gave it him back and he paid me with good coin—he stood and smoked his pipe—Wilson was standing at the other side of the bar—Williams went out, and I think Wilson went out too, but I was busy—they could see, but did not notice each other.
Wilson. Q. Did you ever know me to pass a bad shilling? A. I did not know you before, but Williams had been coming for ten days, and I had taken a great many bad shillings.
THOMAS GOODMAN . I am a gas man at the Holborn Theatre—on 14th May I came out of the theatre about twenty minutes past ten o'clock, and saw Wilson peeping through the crack of the door of the Golden Lion—I went into the Golden Lion, Williams was there, and the landlady told me she had taken a bad shilling—Williams said that he would hang anybody who would pass a bad shilling—I went out first and saw Wilson standing
at a post outside—Williams came out; Wilson made a sign to him and they went away up Hand Court together to the Wheatsheaf, about 100 yards from Mrs. Hudson's—Wilson was carrying a little canvas bag, which he gave to Williams, and then Wilson went inside—he came out again in two or three minutes, joined Williams, and they went down Hand Court together—I passed them while they were in conversation, and spoke to a policeman, who stopped them as they came out of Hand Court and took them to the Golden Lion—I saw Wilson drop the bag inside the Golden Lion—I picked it up and gave it to the constable—he tried to put the bag on the window-ledge, but he did not; he dropped it in a corner.
WILLIAM SMITH (Policeman E 120). On 14th May, about a quarter-past ten, I was in Holborn—Goodman spoke to me, and I went up Hand Court, stopped the prisoners, and took them back to the Golden Lion—while I was speaking to Wilson and searching him Williams got inside the house, and Godman said, "Here is the bag and the money," handing it to me—it contained nine bad shillings—three shillings, three threepenny-pieces, and 1 1/2 d. in copper were found on Wilson, in good money, and 1s. 5d. in copper on Williams.
William's Defence. I never dropped this bag.
Wilson's Defence. I had to meet a friend. It was rather late, and I looked in at the public-house to see the time, but could not, and went in for a glass of cooper. My friend did not come, and I went in again and had a second glass. I met Williams at the corner of Hand Court, who said that he had just had a bad shilling and thrown it away, and asked me to lend him one. I lent him a shilling's worth of copper and had 3s. 10 1/2 d. left. With regard to the other case, I was never in the house and never saw the person before.
GUILTY .— Nine Months' Imprisonment each.
MR. CRAUFURD conducted the Prosecution.
JOHN MORAN . I am assistant to Mr. Jones, a pastrycook, of 169, Old Street—on Sunday, 26th May, between eight and nine o'clock, the prisoner came in for two penny kidney pies and gave me a florin—she spoke with rather a foreign accent—I gave her her change and put it in the till—after she left I discovered that it was bad—there was no other florin in the till, only sixpences and shillings—I had slight suspicions of her, and looked in the till and found the florin was rather dark—I pot it to my teeth, it bent easily, and I put it under a bottle on a shelf and gave it to my sister, Mrs. Jones, when she came home, with a description of the person from whom I had received it—on the Monday I was called up from the bakehouse by Mrs. Jones, between three and four o'clock in the afternoon, and saw the prisoner in the shop—I said, "You came in yesterday and passed a bad two-shilling piece"—she said, "I did not come in;" afterwards she said, "A gentleman gave it to me, and I did not know it was bad"—Mrs. Jones showed me a half-crown which she had taken—the prisoner was given in charge.
HARRIETT ELIZABETH JONES . I am the sister of the last witness—on Sunday, 26th May, he handed me a bad florin, with a direction to put it back on the shelf—it remained there until the Monday between three and four in the afternoon, when the prisoner came for two kidney pies—she gave me a half-crown—I asked her if she knew it was bad—she said, "No"—I tried it, but did not break it—her appearance corresponded with the
description my brother had given me, and I called him up—lie said, "You came in last night and gave me a bad two-shilling piece"—she said, "No," and afterwards that a man gave it to her—I gave her in charge with the florin and half-crown.
GEORGE MILLS (Policeman 131 G). I took the prisoner—she said she was not aware it was bad, a gentleman gave it to her—she first gave the name of Mary Ann Dc Coosk, then Mary Ann Nicholls, and said she was born in France—at the police-court she gave her name Mary Ann Dale—I received this florin and a half-crown from Mrs. Jones—she gave two addresses; one was false, and one I could not find.
GUILTY .†— Nine Months' Imprisonment.
MESSRS. POLAND and BEASLEY conducted the Prosecution, and MR. RIBTOX the Defence.
ROBERT TUBBS , Esq. I am the chairman of Magistrates acting for the Kensington division, and a Justice of the Peace for the county of Middlesex—this is the nineteenth or twentieth year I have acted as chairman of the licensing meetings—the annual meeting this year was 5th March—it was adjourned to the 19th, and again to the 26th—I presided at each of those meetings as chairman, and was present from beginning to cud—I never saw the prisoner to my knowledge before 26th March—I know that he had made former applications, and I had visited his house in 1864—he was then an applicant—I visit all the houses every year, and he was in the printed lists—I did not see him on 19th March, his case was adjourned to the 26th—on 11th March this letter was handed to me by my servant—this is the envelope of it—it contained six bank notes, two for 10l. each, and four for 5l. each. (Read:—"March 9, 1867. Private. Honoured Sir,—Trusting you will not feel offended, but pardon the very great liberty I have taken, having struggled very hard in my house for eleven years to maintain my family, without any complaint being made by the police. If you will take my case into consideration, and be my friend at the coming licensing day, it will be for ever felt by your most obedient servant, G. E. GURXEY. Robert Tubbs, Esq.") After that I received another letter—I think I received it on 10th April—it is dated the 8th—the prisoner applied on the 26th by attorney; he was present; the matter was heard, and his licence was refused—before I received the last letter I had communicated with my brother Justices, in consequence of which I made a communication to the Secretary of State by letter on 29th March.
Cross-examined. Q. I suppose sometimes you are not able to attend? A. I am very seldom absent when I am in England; when I am absent they elect a chairman for the day—that has happened once a year if not twice—no one was appointed in that way in 1866, I was in England the whole year; I do not think I was absent a day from the Sessions—the Hon. Mr. Curzon was, I think, generally appointed as my substitute if he was there—I do not know when he sat last—the chairman is, generally speaking, the most important member—he has not the casting vote—the licence is signed by a majority of the Justices present, and if they are equal there is no licence—on the 26th about twenty applications for new licences were heard, and we were kept very nearly the whole day
from eleven o'clock—it ought not necessarily to have come on on the 19th—the whole seventy applications were down for hearing, and a large majority, nearly fifty, were heard on the first day—we did not begin the new cases till the second day, the 19th, and finished them on the 26th—there is a list, but very often, when Counsel are on circuit, we take them out of their turn, it matters not to the Justices which they take—applications I dare say were made to take cases out of their order, and very likely we took some which were low down, which, if application had not been made, would not have been heard till the 26th—these licences are I think very troublesome to the Magistrates, I have an instance of it here to-day, and very troublesome to the applicants, from the opposition of other neighbours and publicans, who do not like the monopoly to be interfered with—speeches are made by Counsel on both sides—your friend Mr. Poland does not generally appear for the Justices, he cannot—I have seen him there very often—the petition of the applicant is read, and is sometimes taken as read, and Counsel state the case—I do not think we ever have witnesses called unless there is some ill-conduct alleged against the applicant—they are called at the Sessions, but not at Petty Sessions, we are all so well acquainted with the neighbourhood—we are bound to hear everybody—if there are three Counsel I do not see how we can avoid three speeches—the Magistrates do not retire, we consult together—I have not known such a thing for years as our going out of Court—we do not make up our minds beforehand—I generally take the votes, and if there is a majority or not against the licence I declare it—I generally vote, but sometimes I do not—when an application is made to take a case out of its turn, it is generally addressed to the chairman, and I accede or decline, but if any gentleman on the Bench thinks it is wrong he would say "I do not think we ought to do that"—if the chairman says, "We had better take it," the Justices will consent—there are very often applications against the decision of the Justices to the Quarter Sessions—the Magistrates for the county sometimes decide that the Magistrates for the petty sessional division have decided erroneously—I have sat on appeals—I got this 40l. on 11th March, and about an hour afterwards I went to Mr. Cornell, the clerk, and next morning I communicated with Mr. Curzon, the Magistrate, and mentioned having received the money—on the 19th I took the opinion of the Justices generally at the first meeting—on 27th March I went to see the Secretary of State, but Mr. Waddington was unwell and absent—I saw Lord Belmore, the political under-secretary—I know the prisoner's house, the Earl of Cardigan, Marlborough Road, Chelsea—he says that he has been in it eleven years—rl do not recollect the name of the great opposition house which petitioned against him—it is a very short distance off, 150 or 200 yards—I should say that it is not an increasing neighbourhood, and that there are no new houses in the district—I recollect his making an application in 1864, but not in 1865 or 1866—I have looked at my papers—I was present in 1865 and 1866—I have not been absent one licensing day during the time I have been chairman—I did not understand your question before to apply to licensing days—I said that it might be twice a year I was absent—I mean to say that for twenty years I have never been absent on the day that applications were made for new licences—I cannot recollect whether any applications were made for any other houses in the neighbourhood that Jay, but the clerk is here—my servant received the letter.
MR. POLAND. Q. Are there, also a number of transfer meetings in the
year? A. Yes—on the first day we never take the new licences—whether we get through depends on the length of the speeches of Counsel—the defendant has never appealed.
SAMUEL CORNELL . I am clerk to the Justices of the Kensington division, and have been so several years—a petition in favour and a petition against the licence has to be filed before the general annual licensing meeting—this (produced) is the petition filed by the defendant—whether it was delivered by himself or his attorney I do not know—Mr. Martin, the solicitor, advocated the prisoner's case on the 26th for a licence for the Earl of Cardigan—this (produced) is the counter petition by W. S. Smith—the defendant appeared personally on the 26th at London, attended by Mr. Martin—I saw him in Court before the matter was gone into or the notice proved—he was sworn and I examined him as to the due service of the notices—he swore that he had properly served them—the case was then heard in the ordinary way—this (produced) is a copy of the notice which was proved, I drew the notice myself in my own office—I have known the defendant very well in previous years, and have heard his case discussed when he has been present—the licence was refused, and he has never appealed against that decision.
Cross-examined. Q. You say that in previous years he has applied? A. Yes, in 1864, I think—I am sure he made three former applications, all of which were heard by the Bench and discussed—I had frequently seen him there—the last time-was in 1864, I think—to the best of my belief, he made no application from 1864 to 1867—he made two or three before 1864—I have to make a record of them—I am not aware whether the prisoner applied in 1863. (The prisoner's petition, being produced, contained ninety-five signatures.) There has not been a licence granted in that immediate neighbourhood for twelve or fourteen years, the last was a house within a few doors of him, the one that opposes him now—there is only one signature to the opposing petition—there is no petition of the inhabitants against him—notice was given that the inhabitants would petition against him—the purport of the notice is, that the inhabitants may know that such an application is about to be made, and may oppose the petition if they please, and they do frequently oppose, but they did not in this case—the neighbourhood has not increased for the last ten years—the prisoner has had a beer-house eleven years.
MR. POLAND. Q. Have you got one of the original notices signed by him in 1863? A. Yes.
STEPHEN ELLIS (Police Inspector R). I know the defendant—it is twenty years since I saw him write, but, my memory being refreshed, I have no doubt these letters are his writing, and the envelopes as well—I was present when the warrant was executed—when it was read over the prisoner said, "Yes, I wrote the letter, and took the letter and money myself; I did not intend it as a bribe, I made him a present; I did not know I was doing any harm."
MR. RIBTON to SAMUEL CORNELL. Q. I suppose it is within your experience that applications for new licences on one, two, or three occasions may be unsuccessful, and on the fourth may succeed? A. Yes, but if granted on the fourth application it is because the neighbourhood is greatly increasing, and the Bench know that it is a local accommodation—I think they have been granted sometimes—I do not think that could be attributable to the fact that the necessity of a house being licensed is more clearly brought before the knowledge of the Magistrates, but I believe under the same
state of things the same Magistrate might give a different decision to what he did before.
WILLIAM BUCK (Policeman 25 F). I took the defendant on 18th May, at the Earl of Cardigan, Marlborough Road, Chelsea, on a warrant granted that day—I read it over to him—he said, "Yes, my name is Gurney; I took the letter containing the money myself; I did not know that I was doing any wrong."
MR. RIBTON submitted that there was no proof that notices had been affixed to the doors of any Church or chapel as required by the statute; also that, this being an attempt to commit a misdemeanour, it must be shown that the attempt could possibly be carried into effect. The indictment averred," well knowing that the said Edward Tubbs, Esq., would be chairman," which it was impossible to prove, it being in the nature of a prediction. The point might be immaterial, but by averring it it became material. THE COURT considered the allegation unnecessary, the indictment being perfectly good without it, and informed the Jury that if the prisoner sent the money with the intent to produce any effect upon Mr. Tubbs's decision, that was an attempt to corrupt. MR. RIBTON requested that the point might be reserved, but the COURT, after consulting the Recorder, declined to reserve it.
GUILTY. Recommended to mercy by Prosecutor and Jury.—Judgment respited.
OLD COURT.—Wednesday, June 12th, 1867.
Before Mr. Justice Willes.
Upon MR. DALY'S opening the Court was of opinion that there was hardly a case for the Jury, upon which MR. DALY offered no evidence.
NOT GUILTY .
MESSRS. DALY and GRIFFITHS conducted the Prosecution, and MESSRS. SLEIGH and STRAIGHT the Defence.
ANN MOONEY . I am the prisoner's wife, and live at 9, Pembroke Place, Earl Street, Kensington—about 9 o'clock on Saturday evening, 25th May, my husband met me in the street talking to a young man—he told me to come home—I was obstinate against him—he said if I did not come he would make me—of course then I felt more obstinate, but at last I went home—he told me to undress and go to bed—I would not—I was beginning to take my things off, and he began tearing them off and hit me two or three times in the side with his fist—he did not do anything with my clothes—there was no fire in the room, only a candle burning on the table—I don't wish to press the charge against him, of course I was in fault—ho hurt me at the time—I did not feel it much afterwards—my little boy was in bed at the time—there was a little mark on my face—he hit me there with his hand—it did not knock me down—I was not able to stand at the time—I went down stairs and went into a neighbour's house.
Cross-examined. Q. You had been drinking, had you not? A. I had that afternoon, my husband went out and got very drunk when he could not find me; he was a most kind father to his children—I have a girl
eight years old, she is at Windsor with a friend—I had been away from home from the Friday afternoon, and he was cross, and I would not go home—I told him I had been at work—he took me to my mistress and she told him I had not—I had been drinking instead.
HANNAH PANTON . I am the wife of Stephen Pan ton—I live in the same house with the prisoner—about ten o'clock on the night of 25th May I heard a noise in the prisoner's room—I heard his wife cry out, not is alarm or terror, but merely the words, "Don't, Jem," or words to that effect—they became quiet after that—I afterwards went into the yard for some water, and saw the prosecutrix there nearly naked; she complained of her husband ill-treating her—I lent her some clothes, and went for a policeman—I was present next day when she was examined by a doctor—her face and neck was bruised, and she complained of her side; but there was no apparent bruise there—I believed her to be perfectly sober, what little I saw of her, but I saw so little of her that I could not say one way or the other.
GUILTY of a common assault. — Six Months' Imprisonment.
MR. BESLEY, for the prosecution, offered no evidence.
NOT GUILTY .
MR. HOUSTON conducted the Prosecution, and MR. DALY the Defence.
JOSEPH SEXTON . I live at 2, Newchestcr Street, Paddington, and am a wheelwright, working at the Great Western railway—the prisoner is a labourer, working in the same shop—on Saturday, 4th May, about four o'clock, the prisoner and Chapman were in the shop—there was the buffer of a railway truck there, Chapman could not get the spring off—the prisoner said, "I will lay you a shilling I can get it off"—Chapman said, "You are a b—old liar" (he was about forty-four years of age, the prisoner is upwards of fifty)—the prisoner said he could—Chapman afterwards said some b—b—had pulled it up higher—Hunt said no one had touched it—Chapman said, "You are a drummed-out old soldier," making use of very bad language—Hunt said, "If you call me that again I will punch your head off"—"So you are, so you are," he said, repeating it over and over again, and Hunt up with his fist and struck him twice—Chapman hit him again—eight or nine blows were exchanged—Chapman hit Hunt rather harder than Hunt hit him—they had a scrimmage, round the shop—Chapman ran against a tool-chest and fell, and Hunt upon him—one of the workmen pulled him off—Hunt then pulled off his cap, put it on the bench, and said, "Come on, come on"—Chapman said, "Go away"—Hunt was excited, his nose and cheek was bleeding, and he struck Chapman on the right side of the ear, and he fell down dead—they were both excited and out of temper, they were only joking at first—I have known the prisoner a good while—I never knew anything bad of him; he was always a good labourer to me and Chapman also.
Cross-examined. Q. How long has the prisoner been in the employ of the railway? A. Nearly nine years—he was always peaceable and quiet—I believe he was a soldier for twenty years and got his discharge.
NOT GUILTY .
MESSRS. SLEIGH and BESLET conducted the prosecution, and MR. MONTAGU
WILLIAMS, with MR. GRAIN, the Defence.
JOSEPH BONGIOVANNI (through an interpreter). I keep the Globe restaurant, 4, Rupert Street, Haymarket—on 24th April I went to a ball in Newman Street, with ray brother Sebastiano, my cousin, Auguste Muston, the wife of one of the workmen, and two young men—we left the rooms in Newman Street about a quarter to three on Wednesday morning—I was alone, walking in the direction of Wardour Street—I saw the prisoner at the corner of Wardour Street—that was about six minutes' distance from the ball-room—he came behind me and asked me a question—I turned round to answer it, and he stabbed me—I was so confused I began to halloo—my brother came to my assistance, and he likewise received 'a stab with a stiletto—this is it (produced)—I received the blows on my left arm, two cuts—this is the coat I was wearing (produced)—I had seen the prisoner in the ball-room that evening, and asked if he would have a glass with me, and he refused—that was about an hour previous to leaving the ball-room—when I received the stab I hallooed, "Assassin!" and "Murder I"—my brother, my two sisters-in-law, and two boys came up and held him till we got a policeman, and I was taken to the hospital—I was there fifteen days, and was afterwards an out-patient twice a day—I did not see the stiletto before I was stabbed—only when I received the stab. (The prisoner's statement before the Magistrate was here put in and read. It stated in substance that the prosecutor had insulted him at the ball and beaten him, and that on his leaving to go home he saw the prosecutor and his friends; that the prosecutor ran after him with a knife in his hand, which he wrested from him; that he was then attacked by them all, thrown on the ground and beaten, and that he used the knife in self-defence.) I saw no blows struck between my brother and the prisoner at the ball—I saw seven or eight persons together, but I could not see what it was—I saw a row, and my brother came back with his face all scratched—I asked him what it was, and he said it was nothing—I did not see the prisoner there then—I did not say to the prisoner, "You shall pay for this"—I did not run after him in the street—I had no knife in my hand, not even in my pocket—this is not my knife; it belongs to the prisoner—I did not see any one struggling with him before I was stabbed—he was by himself—he was held on the ground by my brother and another young man after I received the two stabs.
Cross-examined. Q. Then you had no quarrel with the prisoner? A. No, none whatever—I did not have a word of dispute with him the whole night—I do not know Madame Fablis. (She was called in.) I am not quite sure whether I saw her at the ball-room—yes, I did—I do not know the name of the young woman the prisoner was with. (Jeannette Debache was called in.) I saw her there—I do not know her name, but I know the features—I saw her in the ball-room by herself, not with the prisoner—I know Raffael Fablis—he was at the ball—I do not know Vicenzo Milandre by name. (He was called in.) I know him by features—he was at the ball—I did not see my brother Sebastiano throw a glass of champagne over Debache's dress—I did not hear him ask what was the matter with the young woman who was crying—I did not see him fighting with the prisoner—I did not try to jump on the prisoner, nor was I stopped by
some people in the room—I did not call to Sebastiano, telling him to come away and that I would settle the prisoner—I was quite sober—I could not drink anything, because I was sick—I never carry a knife—there was in one but the prisoner and me at the corner of Wardour Street—the others were fifteen or twenty yards before us, I mean my brother and sisters-in-law and the two boys, and Jane Muston—my brother and I did say about the prisoner in the ball-room that Raffael Fablis interfered and separated us.
MR. BESLEY. Q. How many persons left the ball-room at the same time you did? A. Only me and my brother—we walked side by side all the time, till we met my brother's wife and the others—my brother then went on with them, and I followed—it was after that that I was stabbed.
SEBASTIANO BONGIOVANNI (interpreted). I keep the Solferino restanrant, in Rupert Street—on 24th April I went to the ball in Newman Street, with two of my waiters and Franz Mechi—I went about one o'clock—I saw the prisoner there about two o'clock—nothing happened between us in the ball-room—I had no dispute with him or any words—I only asked what was the matter with the young woman who used to bring the washing to my house—I do not know her name—I know her by seeing her—it was the one that came in just now (Debache')—she has brought the washing to my house for a year and three months—she was at the ball-room—I do not know who was with her, there were so many, but I saw the prisoner there going about—I left the ball-room at a quarter to three, and I went back again for a cigar—then I asked some question of the prisoner, when I left—my wife was with me, my brother, the two waiter and Miss Muston—we went across Oxford Street to Wardour Street—I and my wife and Miss, Mustom walked first—my brother Joseph was sera doors behind us—there was no one else in the street that I could see, only an English gentleman standing at a public-house door—we were walking quiet, and all in a moment I heard my brother sing out, "Murder!" and "Assassin!"—I went directly and took the prisoner, took hold of his knift and threw him down—he was over my brother when I went up—I did not see him do anything to my brother—I saw a stiletto in his left hand—I saw blood, two or three quarts—there was all the street full—I saw the stiletto in the prisoner's hand before I threw him down—I never saw my brother with it—after my brother was stabbed two parties ran after the prisoner, who were in his company, and tried to take him away, but I held him tight till the policeman came—I saw no knife in my brother's hand.
Cross-examined. Q. Was the prisoner at the ball when you went there? A. I did not see him till an hour and a half after—I do not know him—I did not offer Jeannette Debache a glass of champagne—I offered the prisoner a glass—she was not there then—I did offer Jeannette a glass, and she refused it—I did not say, "If you do not drink it I will shy it over your dress"—I did not say, "Who is that man that seems to take so much trouble about you?:"—I asked the prisoner what was the matter with the young woman who was crying—he said he did not know anything about it, and pushed me away from him, and a lot of people came between us and separated us—it was Jeannette who was crying—she was not crying when I offered her the wine—she was dancing then—it was about three-quarters of an hour afterwards when she was crying—I do not know what she was crying for—when I came back for the cigar I left my friends out' side waiting for me—I did not strike the prisoner then; he struck me—my brother did not touch him—he was not in the room when I was struck
—I did not hear him say, "Come away, Sebastian; I will settle him"—I know Madame Fablis by sight—I do not know Melandré—my brother was in company of Peppino and Auguste when he was stabbed.
MR. BESLEY. Q. How long had you been at the ball when you offered the champagne to Jeannette? A. About half or three-quarters of an hour—it was about an hour and a half after that that I saw her crying—it was half-past one when I offered her the champagne, and it was about three o'clock when the people pushed between me and the prisoner and separated us, just before leaving—I did not hear my brother make use of any threats to the prisoner—all I said to him was, "What is the matter with the girl that is crying?"—I did not see my brother touch the prisoner before he was stabbed.
AUGUSTE MUSTON . I am a waiter in the service of the last witness, at No. 7, Rupert Street—I am an Italian—I went to the ball in Newman Street about one o'clock, and left about a quarter to three with the prosecutor and his brother and my wife—I walked with Sebastian quietly along Wardour Street—all at once I heard a cry of "Murder;" I turned round and saw Joseph Bongiovanni with his left arm bleeding very much—I was about a minute's walk further on when I heard the cry, a few houses on, he was behind—I don't know whether any one was with him, when I looked round he was alone—the prisoner was already in the hands of Sebastian—I saw a dagger like this in the prisoner's hand as he was up against the wall, somebody was holding his arm up; a policeman came up and he was taken into custody—as far as I know there was no dispute or quarrel in the street that I heard, nor yet in the ball-room—no attack was made on the prisoner by any one in my presence, we were walking homewards quietly.
Cross-examined. Q. And you saw no disturbance at the ball? A. No—we came out all together, and Sebastian went back for a cigars—there were about six of us returning from the ball together—the prisoner was alone—I only saw the stiletto in his hand when he was held by somebody—that was after he had stabbed Joseph when Sebastian had hold of him—I don't know where Sebastian was when Joseph called out, "Murder!"—he was two or three doors off; whether he was in front or behind me I don't know.
CHARLES TEBB . I am under barman at the Queen's Arms, Wardour Street—in the early morning of 25th April I was at the corner of Wardour Street—I saw the two Bongiovannis there—I did not hear a word; they came round the corner as quietly as they could walk—I afterwards heard a cry of "Murder!" and "Police!"—I went up directly; I was about six or seven yards from them—I saw the little one (Joseph) bleeding—I saw the prisoner, the big one (Sebastian), had got hold of him—I saw a stiletto in the prisoner's hand, like this, I saw it in his hand as I went up, before Sebastian was stabbed—I heard Sebastian call out, "I am stabbed," and he put his hand on my shoulder—I said, "I know you are, sir"—the prisoner seemed as if he swung the stiletto round the back of him—I saw that Joseph was stabbed in the arm; I did not see that stab given—my attention was first attracted by his calling out, "Murder!" and "Police!"—the prisoner was given into custody.
Cross-examined. Q. How many other persons were there there? A. Six or seven, I can't say exactly—there were no words to create anything—I was standing at the corner, leaning on a post.
on 25th May, when Joseph Bongiovanni was brought there—I examined him—he had a wound in the left arm large enough for my two fingers to pass in, it was right through the fleshy part of the upper arm; the skin was broken on the opposite side—it was caused by some sharp instrument, a dagger like this would produce a similar wound—he was fifteen days in the hospital, and attended as an out-patient three or four times afterwards—the wound is now completely healed—an ordinary amount of force would I think be sufficient to produce such a wound, it would depend upon the sharpness of the weapon and the thickness of the coat and shirt—it went through the biceps—he is a tolerably muscular man; it was one wound, right through the arm.
Cross-examined. Q. It was not two wounds? A. There was the wound of entrance and the wound of exit—it appeared to be done by one blow.
FREDERICK JARMAN (Policeman 88 E). On this Thursday morning I heard cries of "Police" at the corner of Wardour Street—I saw the Bongiovannis both bleeding—the prisoner was being held by some one, I don't know who—they gave him into custody for stabbing them—I took him to the station—this dagger was picked up by another constable and brought to the station while I was there; the sheath was picked up in an area by a police-sergeant; I did not see it picked up—I know the place where the ball was held—I should think it was about five or six hundred yards from the corner of Wardour Street, it might be further—I don't know where the prisoner lives, a card was found on him with the address of "Cross Street, Hatton Garden," I think, but I won't be certain.
The following Witnesses were called for the Defence:—
ADELE DUPRES FABLIS (interpreted). I am the wife of Raffael Fablis, of 25, King Street, Soho Square, and am a laundress—I was at the ball on Wednesday, 24th April, and was serving at the bar—I remember Sebastian and Joseph Bongiovanni coming there; they came to the bar and I served them—Jeannetta Debaché was at the ball, she is in my employ—Sebastian offered her a glass of champagne, saying if she did not drink it he would throw it on her dress—she refused—her sweetheart, who accompanied her to the ball, asked her why that dark gentleman spoke to her with that liberty—she said he was a customer of the house—he then made her put on her bonnet and shawl, and they went away; she was crying—Sebastian asked the prisoner the cause of their being angry—the prisoner said he did not know, it was not his business—I was at the bar when Sebastian went out, it was about three o'clock or a quarter-past; the ball was over—he returned, asked for a cigar, put down 6d., and 3d. was returned to him, and he again asked the prisoner why the other young man had gone out angry—the prisoner answered him the same; they were speaking rather loudly, and a crowd assembled round them, and I afterwards heard that they had a fight or squabble in the passage—his brother Joseph came running in and said, "Leave him to me, I wilt settle him; I will do it"—somebody stopped him; then all the dispute was over, and Sebastian, going away, said that all the Italians there were blackguards or scoundrels; Joseph was in the doorway going out, and he called to his brother Sebastian, "Come along; the next time I meet him I will do for him," or "settle him,"or "take him in hand myself."
Cross-examined. Q. Were you examined before the Magistrate? A. No—the prisoner was there when Sebastian called all the Italians blackguards
—Sebastian and his brother then left, leaving the prisoner in the place.
JEANNETTE DEBOUCHE (interpreted). I am a Belgian, and reside at 28, Church Street, Soho Square—I am in the employment of Madame Fablis—I was at the ball on the night in question—I was standing at the bar with Madame Fablis—I saw Sebastian there—he offered me a glass of champagne; he said, "Here, you Belgian, drink"—I said, "No, thank you, sir,"—he asked me two or three time the same, "You Belgian, drink, and if you don't drink I will pitch it over your dress"—there was a young gentleman in my company at the time, and I went out with him, leaving Sebastian there—I saw the prisoner at the ball.
Cross-examined. Q. Were you before the Magistrate? A. No—I know the prisoner by sight—I do many others—I knew the prosecutor and his brother, from having taken the linen there.
VICENZO MELANDRE (interpreted). I keep the Hôtel de Patrie, 5, Brook Street, Leather Lane—I was at the ball—I saw Sebastian there, beating the prisoner's head with his fist; Joseph went in among the crowd to do the same, but he was stopped by some of the friends—as they were leaving the room Joseph said to Sebastian, "Come out; when I meet the man I shall get him to render an account to myself"—they then went out—I was afterwards asked to come home with two or three friends, and I followed—when I got into Wardour Street I saw the prisoner on the ground, and six or seven round him—I tried to raise him up, and when I did he was left in my hands, and one more; Sebastian left him at liberty then—afterwards, as he was moving towards Oxford Street, Sebastian caught him by the collar of his neck, and held him till the policeman came—I was not before the Magistrate.
JACOMO BALBE (interpreted). I live in Cross Street, Hatton Garden—I was at the ball on the night in question, at very nearly three o'clock in the morning—I was close to the bar, and saw a squabble, and saw the prisoner receive blows from the two brothers—when they were leaving Joseph said to his brother, "Leave him alone; I shall satisfy him when I meet him"—I was afterwards in Wardour Street, and saw something shining in Joseph's hands like a knife—I saw one of them coming away from the crowd as I was going home—I left the ball in company with Melandré and Barbette, to see Barbetté home—when we got into Wardour Street I saw Joseph try to jump on the prisoner, the prisoner was at my side at the time, the other was perhaps a yard or two farther—Sebastian was in a group of persons in front—it was at that time I saw Joseph holding something in his hand.
Cross-examined. Q. You were with Melandré, were you? A. With the prisoner, Melandré was behind, a very little distance—he was in our company—I was not before the Magistrate.
GIATANO BARBETTE . I live at 2, Edward Street, Wardour Street—I was at the ball, attending to the refreshment-room—I heard a noise, and I understood from Mr. Sebastian that he was telling the young lady to drink a glass of champagne—she refused, and he said, "If you don't drink it I will throw it over your dress"—after a few minutes I saw Sebastian and the prisoner fighting together; Joseph ran after the prisoner, to help his brother, if some gentleman had not stopped him—about three o'clock they left—seeing that the prisoner was very much excited, I told him, "Every one has left, you had better go home"—he said, "I will go home if you will go with me," so, as it was my way home, I put on my coat, and
left with him—Balbé and Melandré was walking with me, and Balbé and the prisoner were first—when we got into Wardour Street I saw these persons standing there, and they rushed one over the other—I went back to the hall to finish my business—I did not see who struck the blows.
LOUIS LEWIS . I am a solicitor, of Ely Place—I appeared for the prisoner at the first examination before the Magistrate—I was aware of the existence of these witnesses at that time, and had taken the evidence of some of them—I knew these witnesses were to be called, and it was under my advice that they were not called, knowing the Magistrate intended to commit.
Cross-examined. Q. You thought it wiser not to call them? A. I thought it wiser not to let the prosecutors know what the defence was to be.
The prisoner received a good character.
GUILTY of unlawfully wounding. — Nine Months' Imprisonment.
MESSRS. STRAIGHT and BRICKWOOD conducted the Prosecution.
MARY ANN ELIZABETH WALKER . I am the prisoner's wife, and live in the high road, Tottenham—on the morning of 28th May I went to bed from twenty to twenty-five minutes past twelve—I went to sleep—on awaking there was a strange noise in my throat; it was blood proceeding from my mouth, which was full of blood—I called to my daughter—she came to me—I got out of bed and went down stairs; when I awoke I saw my husband; he was in the bed or outside, I could not say which; there was no one else in the room, except my little boy, three years old—a doctor was fetched—I sat in a chair, under the window—my husband was afterwards fetched down stairs—I believe he asked what was the matter—I told him he knew what must be the matter—he said I must have fallen out of bed—when I awoke I found my face and head bleeding; I can't say how it was done—my eye was pouring with blood—I have no idea how it happened—I was asleep at the time—I did not fail out of bed; the bed is the usual height—I did not inflict any of the injuries upon myself; it was impossible I could do it—my husband has threatened me, but I believe he was not quite right in his mind when he did so; he has threatened to take my life.
COURT. Q. How lately before had he done so? A. Not that day; we had been out for a walk, and were very comfortable all day—he has been away at a lunatic asylum for a month—he came home a fortnight last Friday, I think—I lived with him before he went to the asylum—drink was the cause of it—it brought on delirium tremens—he is a marine store dealer by business, a general dealer.
Prisoner. In January I had delirium tremens very bad; I was very ill, they did not expect me to live, and the same doctor was attending me that attended my wife—in February I went into Hertfordshire for a week—when I came home I found my wife very dull in spirits—I asked her what was amiss—she said nothing—she scarcely spoke to me for days—I said I was sure there must be something—at last she said, "Will you forgive me if I toll you?"—I said, "Yes"—she said, "I took too much to drink, and during the time the man Edward Cruise took advantage of me and seduced me; I hope God will forgive me, for no one on this earth can; I
have been a true wife to you before this, I will be a good wife to you now, a true one I cannot." Witness. It is all quite false—nothing of the sort occurred—he was always of a jealous disposition—I had nothing to do with anybody while he was away—he charged me with it some years ago; there was no ground for it, but he is now alluding to February last—he was very bad in January—he has shown queer symptoms for some time past, I can't say how long; more than a year—it has been at times, when he has been drinking; we have been married nineteen years, we have lived together during that time—his manner and ways were strange at times—he was never under restraint except during the months he was in the lunatic asylum—he attended to business at times; I am obliged to see to it, because he is not always fit to do so from drink, and what has been caused after the drink—he has had these drinking fits for the last two years or more.
MARY ANN WALKER . I am the prisoner's daughter—I live with him and my mother—on Tuesday morning, 28th May, they went to bed about twenty-five minutes past twelve—I heard my mother call out about twenty minutes past one—she groaned, and said, "Oh! dear!"—I ran down stairs to her room—I saw my father entering the room as I went down—I followed him, and he jumped on the bed—I saw my mother in bed—there was no one in the room but my father and mother and the baby—I asked her what was the matter—she said she did not know—she got out of bed and ran down stairs with me—she sat down by the side of the wash house door—she was covered with blood—her face and head were wounded—there was a light in the room—I went up again to get my boots and dress, and I ran into my mother's room to get her boots and dress—my father was then on the bed, lying still; he remained there—I did not speak to nor did he to me—I went and fetched Mary Ann Brown—I have heard my father him threaten to take my mother's life once or twice since Christmas—I do not think he has been quite right in his mind when he has said that—he was in an asylum for a mouth.
COURT. Q. Why did you think he was not quite right in his mind? A. He talked very strange; that was after he had been drinking.
MARY ANN BROWN . I was servant to the prisoner—on the morning of the 28th May Miss Walker fetched me—I went, and saw Mrs. Walker sitting in a chair, near the washhouse door, covered with blood, which was pouring from her head, cheek, and nose—I made her bed the next day—there was a great deal of blood on it, on the left-hand side, where she slept—I have heard the prisoner threaten his wife—I have heard him say he would cut her throat, and all manner of things, when he has been in a passion—about a fortnight or three weeks before this happened he asked me for a bayonet—he did not say what he wanted it for—I had taken it up stairs from underneath his bed, and put it in a tin, where some whalebone was kept, at the top of the house—after I had attended to Mrs. Walker and bathed her face, I went up stairs to see if the bayonet was there, and it had gone from the place where I had hid it—this is it (produced)—I hid it because Mr. Walker was so strange I did not know what to think.
Prisoner. Q. Did I ask you for the bayonet? A. Yes, a great many times, and you wanted me to fetch swords a great many times—I never saw your wife out of her place—I have seen you drunk a great many times—she did not fall down and cut the bridge of her nose.
Prisoner. I did not see the bayonet—there were more bayonets than that up stairs—they were put away when I had delirium tremens.
EDWARD CRUISE . I worked for the prisoner on 28th May—at four in the morning I was called there, and found Mrs. Walker sitting against the back door covered with blood—I found this bayonet, about a quarter to six in the morning, in the top room second floor, behind a fireguard in the fireplace—I saw three spots on it, one on this side, and two on the other—I showed it to the doctor and gave it to the policeman.
EMANUEL MAY . I am a surgeon at Tottenham—on Tuesday, 28th May, about half-past one in the morning, I was called to see Mrs. Walker—I found her sitting in a chair in the back room, covered with blood—there was a deep wound on the bridge of the nose and under the right eye, and three on the upper and back part of the head, on the right side; the wound on the nose was the most extensive, it penetrated and wounded some arteries, which bled and awoke her—the blood ran into the gullet—I cannot say that she was in danger—such an instrument as this bayonet would inflict such wounds—the bayonet was shown to me that morning, and I found a few blood stains on it; they looked fresh—it was quite impossible that she could have inflicted the wounds herself—I have known her six or eight months, her character has been very good indeed—I sent the prisoner to the lunatic asylum—I stated that before the Magistrate—the prisoner's statement about his wife being unfaithful to him I put down to hallucination, under the peculiar state of his brain—he threatened to destroy her two or three times, on different occasions—at the time I sent him to the asylum he had given her a black eye, and he tried to strangle her, and threatened to cut her throat.
COURT. Q. Was that in a fit of morbid jealousy? A. Yes—I examined him in connection with Dr. Gardner, the assistant physician to the lunatic asylum at Clapham, and we decided that he was in an unsound state of mind and dangerous to his wife, through this morbid state of mind—the history of his case would go to prove that his brain is peculiarly susceptible—he has been wild and odd for years past—then he took to drink and had delirium tremens, which did not yield to the usual remedies, showing the predisposition to irritability of the brain—when I got him over the delirium tremens he promised to be very careful in his conduct, but he very soon recurred to drink, and then he got into this odd state of mind over and over again—Dr. Gardner said he was not fit to be at large—one of the symptoms which goes to prove insanity is, that he threatened his wife's life over and over again before other persons, and also his daughters, whom he used to love so much, and the young man was to go as well—his jealousy was entirely unfounded.
Prisoner. When I went to Bethnal Green Lunatic Asylum my wife gave me two tremendous black eyes—I was obliged to stop up stairs eight days before any one could see me.
Witness. It is not true—I have heard him go on in that way before—it is one of his symptoms—if he took it into his head not to get up till eleven o'clock he would not let his wife get up—he followed her about—if she even went up stairs to brush her hair he would follow her—I consider that a symptom in connection with his condition of brain.
COURT. Q. Suppose he was to abstain from drink, would that have a beneficial effect on his mind? A. I think it would, but I do not think it would altogether allow him to be considered sane—he has not been allowed to drink for some time now, but you see he is talking in that way—he has
had quite time enough to allow his brain to be in a state of quiescence—I believe he has not attended to business for the last three years—he has been moving about and spending the money—I have not attended him for the last three years, but I attend persons in the neighbourhood, and I know all his movements.
GEORGE PRESCOTT (Y 301). I am stationed at Tottenham—on Tuesday morning, 28th May, I was called to Mrs. Walker's house, and went up stairs to the bedroom about a quarter of an hour after I got there—I found the prisoner in bed, either asleep or pretending to be so—I took a blanket off the bed—he asked me what was the matter—I told him to lay quiet, that I wanted to look round the room to see if I could find any weapon—he said he knew I wanted him, but he had done nothing, he was innocent—I told him to dress himself, and we would go down stairs, that I was going to take him into custody for violently assaulting his wife—he dressed himself and came down—before he got to the bottom of the stairs he saw his wife and asked her what was the matter—she said, "Too know very well what is the matter"—he said he had done nothing, he wag innocent, she must have fallen out of bed.
MRS. WALKER (re-examined). Since he came out of the asylum, he had been drinking every day, on some days more than others—he had not been drinking a great deal the day before this happened.
Prisoner. Q. Did not you say that Edward Cruise was a man every inch of him, that you liked him from your heart and always should, but a thing like me you hated the sight of, and never wished to see me any more? A. No—I did not say I liked one hair on his head better than your whole body—I did not say he ought to get one or two more, take you down to the river, and drown you, or put your head under a waggon wheel—I said if you put him out at the front door I would let him in at the side—that was when you threatened to murder me, and he protected me—I did not say he would be a d—fool if he left, for he would be the master, and not you—on 23rd May I went with Mr. Billington, our next door neighbour, and the children for a ride—I did not come home drunk and fall on the pavement.
The prisoner, in his defence, repeated his allegation of his wife's misconduct, and said that when the matter in question occurred his senses were completely gone, as he had been drinking raw liquor, which overcame him.
GUILTY on the Second Count. Ten Years' Penal Servitude.
NEW COURT.—Wednesday, June 12th, 1867.
Before Mr. Recorder.
MR. METCALFE conducted the Prosecution.
JOHN GARDINER . I am one of the senior clerks of the General Post Office—the prisoner was a letter-carrier—his district was in Goswell Street—in consequence of something that occurred, I made up a letter, on 30th May, addressed, Mr. Baker, bookseller, 20, Goswell Street, into which I put 122 penny postage stamps, 120 in one sheet, and two together—I marked them and gave the letter the same day to Smee, an officer of the Post Office—it should in the ordinary course of business have been delivered by the prisoner
on the morning of the 31st, between eight and nine o'clock—about half-past twelve on 31st, in consequence of information, I told the prisoner that a letter containing postage stamps, addressed to Mr. Baker, bookseller, 20, Goswell Street, was missing, and asked him if he knew anything about it—he said, "No"—I asked him where he lived—he said, "15, Upper Ashby Street"—I desired Rumbold to go and search his lodging—he returned in about an hour, and in the prisoner's presence produced a pocketbook, containing 122 postage stamps, which he said he had found at the prisoner's lodgings in the pocket of a coat, which he produced, and which the prisoner now has on—I said to the prisoner, "These postage stamps have been found at your lodging by the police-officer; where did you get them from?"—he replied, "I am very sorry, but I must plead guilty"—I identified the stamps (produced).
JOHN CLEGG . I am inspector of letter-carriers at the General Post Office—in consequence of a communication, I went to the letter-box on 30th May, and took out, amongst others, the letter spoken of—on the following morning I stamped it and sorted it, among other letters, to go to Gogwell Street—it would come into the prisoner's hands in the ordinary course—he should have delivered it between eight and nine that morning.
HENRY RUMBOLD . I am a constable attached to the General Post Office—on 31st May I went to the prisoner's lodgings and found in a drawer the coat he is now wearing, in the pocket of which I found a pocket-book containing stamps—the prisoner took off his uniform coat and put on the one I found.
Prisoner's Defence. I hope you will give me another chance to regain my character. I have a wife and three young children, and one is dying of heart disease.
GUILTY .— Five Years' Penal Servitude.
MESSRS. METCALFE and PATTISON conducted the Prosecution.
DAVID OSMOND . I am a hardware merchant, residing in Scotland—on 25th January I made up a parcel, containing a gold watch in this case, in a sheet of paper, which I stamped, sealed, and addressed, H. Solomon and Co., 131 to 134, Houndsditch, London, and sent it to the post by my assistant—I also wrote this separate letter of advice, which I posted myself, telling them what I wanted done with the watch—I had bought it of them last October; this is it, and this is the case (produced)—I know the case particularly, by these two marks.
JOHN JOLLY . I am post-master at Arbroath—on 25th January Nichol brought me a parcel addressed to Mr. Solomon—I sent it off by the mail at five o'clock—it was brought in to me, being too large to go into the slit—my attention was called to it a few days afterwards as being missing; it
was not registered—from my office it would go into the London mail bag, and so up to the General Post Office.
JAMES FINCH . I am a stamper in the General Post Office—I remember the midday mail arriving from Arbroath on 26th January—it was tied and sealed—I took out the packets and letters—they would be despatched from the General Post Office about ten minutes to twelve—it was rather late that morning.
CHARLES HAINES . I am inspector of letter-carriers at the Eastern District Post Office—on 26th January, when the bag arrived at midday at the General Post Office, the prisoner was on duty—he was charge-taking that day; here is the book, with his signature—that is taking charge of unpaid letters—that would give him access to the other letters; he had the full range of the office—unpaid letters would be brought to him to distribute to the respective parts—he entered the charges—he had free access to everything, having permission to go about the office to any part—if he was seen at the letter-tables nobody would take any notice—he might have had access to this packet.
HENRY EVANS . I am in Mr. Solomon's employ—this gold watch was supplied by him in October to Mr. Osmond—I received a letter of advice, and expected to receive it back in January, but it did not arrive—it is worth about 15l.
WILLIAM SMEE . On 3rd May I searched the prisoner's house, 22, Hannibal Road, Stepney Green—the prisoner, who was at the office, had given me that address, and told me he lived on the first floor with his uncle—I found this watch standing on the mantelshelf in the bedroom—I told the prisoner where I found it and described it to him—he said, "Yes, that gold watch was my father's, which he left me when he died in July last, and also the gold chain which you found in the cash-box" (there was another watch in the house)—Mr. Gardiner showed it to him next day, and he gave the same account to him as he did to me—I took him in custody.
MARGARET REDDING . I am the wife of William Redding, a lettercarrier—the prisoner lodged with me—he came on the first Saturday in Lent—I saw Smee find the watch—I knew his father and mother well—I cannot say that I ever saw this watch in his father's possession, but they had several watches—I asked the prisoner to come and lodge with me, and he brought the watch before he came there for good.
The Prisoner's Statement before the Magistrate:—"I can explain where I got the watch, but I will reserve my explanation."
Prisoner's Defence. At the time I gave the first account I had no idea the watches were stolen, and I was afraid of losing my situation. One evening, while standing at the bar of a public-house in the Commercial Road, a man came in. We got into conversation, and he offered me the watch for sale. I purchased it for 3l. 10s. There were people in the bar at the time.
GUILTY .— Seven Years' Penal Servitude.
There was another indictment against the prisoner.
MR. METCALFE conducted the Prosecution, and MR. WILLIAMS defended
drawn up to be loaded and unloaded in a passage which is no thoroughfare for carts—on Monday evening, May 6th, I was at the South-Western district office; I received information, and saw the two prisoners and a third man loitering about the office—on the arrival of the cart, when the bags were taken out, I saw Shannon go up to the cart and come back and go into the lobby; he then went to the cart again, lifted up the lid, and walked away—a few minutes afterwards he went into the lobby again, came out, turned round instantly, and walked away—some one came out of the office and stood at the door, and almost immediately the driver came out, got on the cart, and drove away—on the following Friday evening I was there again, and saw the same three persons loitering about; Shannon went and stood by the wheel of the cart, as if he was making water—he went into the lobby of the office again, turned round, and instantly came out—I then left the office, after giving instructions to a police-officer, and as I was is Chapel Street, round at the back, I saw the two prisoners with the other man—Shannon had a mail bag under his arm; the two officers came almost immediately, Rumbold seized Shannon and Smee seized Neville—Shannon threw the bag down down, and the third man ran away as fast as he could—it was the bag made up for Fulham.
Cross-examined. Q. Who was the third man? A. I do not know—I have seen him once since, in Cheapside; I went to look for a policeman, and he was gone—this place is a thoroughfare—there was no one specially told off to look after the bags—Shannon appeared to have been drinking, from his violent manner of attacking the policeman, but he was not drunk—I heard the name Blackie mentioned.
MR. METCALFE. Q. Is the mail driver the responsible person who has the custody of the bags? A. Yes, and there are porters attached to the place, who come out with them.
WILLIAM SMEE . I am a constable attached to the Post Office—in consequence of information, I was watching at the South-Western district office on the evening of 10th May—the mail cart came while I was there, but twenty minutes before it came I saw the prisoners loitering about—when the cart drove up, the bags were taken out, and about five or ten minutes passed; two or three mail bags were then brought out by a porter and placed in the cart, and Shannon immediately walked into the lobby turned round sharp, took out a bag, placed it under his arm, and walked away through a court as fast he could; when I next saw him he was about 200 yards from the office in Palace Street, Neville was on one side of him, and another man on the other, walking with the bag under his arm—I seized Neville, and Rumbold seized Shannon, who threw the bag into the road and put his leg round Rumbold, and both fell in the road—he struggled very violently some few minutes, but we ultimately took them to the post-office, where they asked Rumbold what they were charged with; he said, "With stealing that mail beg from the cart"—Shannon said, "Well, I suppose it is all right; you have got me to rights this time"—he was very violent and excited, and said that he would not be searched; I saw a knife in his right hand—I assisted Rumbold in searching him, I got hold of his left hand, and he dropped the knife into his pocket, and said, "I can do nothing now my weapon is gone"—Rumbold took it out of his pocket—Neville said, "Never mind, Shannon, it is all right"—that was the first time I heard the name of Shannon—he called out again when we were going into a cab, "Never mind, Shannon, it is all right"—there was a third man, I know him by sight, that is all—I had seen the prisoners
together before on three or four occasions round by the office, watching—I asked Neville if his name was Blackie, as I thought he was the person who had been pointed out to me in the street by name.
Cross-examined. Q. Had you been watching them some days? A. Some nights—the moment I seized Neville, the third man bolted like a bird—I do not know his name—I did not know how many were going to commit the robbery—I had not received information from the third man, who is not in custody—I had not seen him in the Artichoke, or given him any money or seen any given to him—I do not know who he was, only by sight—I have not seen him since—I had no connection with him before I took the prisoners—I was not in the Artichoke the day before.
HENRY RUMBOLD . I am an officer attached to the Post Office—I have heard the evidence of Smee and Gardiner, it is correct—I seized Shannon in the street, with the bag under his arm, 200 yards from the office—he pat the bag down, put his leg round mine, and we both fell, and had a violent struggle—there was a third man—I had seen the prisoners together near the office on more than one occasion—I was watching them.
Cross-examined. Q. Who was the third man? A. I do not know him or his name—I had seen him in the City twice before the robbery, and he said that two men had arranged to rob the mail bag at Buckingham Gate—he ran away—he did not inform me that a man named Blackie was one of the men—I know the Artichoke; I was not there a few days before the robbery—I met the third man in the City, near the Post Office, by chance—I do not know his name or where he resides—I did not take him, because he ran away—we did not know that the robbery was going to be committed on that night, but we thought it necessary to have some constables in ambush—I did not ask the third man some particulars about it when I saw him in the City—I did not attempt to detain him—the only information he gave me was that there was a plan to rob the mail bag at Buckingham Gate—I did not take the trouble to inquire the time—I gave information and set the officers to watch.
MR. METCALFE. Q. Were there post-letters in the bag? A. Yes, I saw it opened at Bow Street; they were stamped ready to go out.
GUILTY .** They were both further charged with having been before convicted, Shannon at this Court in September, 1865, and Neville at Clerkenwell in April, 1864, to which they PLEADED GUILTY.— Seven Years' Penal Servitude each.
MESSRS. SLEIGH and POLAND conducted the Prosecution, and MR. DALY the Defence.
JOHN THOMAS MORAN . I am an usher at the Southwark Police-court—I was present when William Priestley was charged with uttering a 20l. note and a 10l. note, knowing them to be forged—I produce the original depositions taken—the first examination was 14th May, and the next on the 21st; the prisoner was brought up by habeas, and examined as a witness against Priestley—some professional gentleman appeared for the prosecution—the next examination was on 4th June, and the next on 8th June—several witnesses were examined on those occasions, and Priestley was discharged out of custody—the original deposition is signed by the prisoner; he was examined, and his wife also, and Sarah Gillham, William
Hancock, and the banker's clerk—the prisoner's deposition was read over in the usual way, and he signed it. (The deposition was put in and read.) The prisoner's pocket-book was referred to—this is it (produced), and these are the notes.
Cross-examined. Q. Before what Magistrate was the case of Gordon heard? A. Twice before Mr. Woolrych—the great bulk of the evidence was taken before Mr. Woolrych—he remanded the prisoner—I did not understand him that he would commit him—I cannot say whether he said, "I believe Lockwood gave Gordon that note, and I shall commit him, but there will be another remand"—Mr. Woolrych went away for a holiday, and the other Magistrate was Mr. Burcham—the prisoner was then discharged—to the best of my recollection, five witnesses were called.
MR. POLAND. Q. How much of the case did Mr. Woolrych hear? A. There were two examinations before him, but the witnesses were re-sworn and the deposition read over before Mr. Burcham, and fresh witnesses called—Lockwood and his wife and sister were examined on the two first occasions, and after Mr. Burcham came, the sister, and Hancock, and Mrs. Lockwood were examined.
JOSEPH TYRRELL CURTIS . I am a butcher, of 11, Great Trinity Lane, City—I knew the prisoner about two years ago; he then lived with a customer of mine at a boarding-house in Queen Street, Cheapside, Mrs. Tregold's, as porter, but I did not know his name—when he left there he owed me 2s. or 3s. for something he had on the day he left or the day before—I last saw him two years ago—on Wednesday, 27th March, between six and eight p.m., he came to my shop with some woman, and said that he wished to get out of my debt—he purchased a joint of meat, which came to about 8s., and asked me to give him change for this 20l. note (produced)—I did so, and asked his address—he said, Park Farm, East Croydon—I asked him to write his name on the note—he wrote, "John Gordon," and I wrote the address he gave me in my book, which is not here, but I can fetch it—I gave him about 19l. 12s.—there were three bank notes—he said that he always liked to take the numbers of notes—he took out n, pocket-book, and I believe he put the numbers down—when I found he had done so I asked him to give me the notes back again, and I entered their numbers—he said that he should be very pleased to see me at his farm if I would come down for a day or so, I was only to let him know beforehand—he left with the woman, taking the joint and the change—I kept the note till 30th March, and then paid it into the London and South-Western Bank, and it was returned to me on Tuesday, 2nd April—I next saw the prisoner in custody on 6th April, at Bow Lane Station—he said, "This is a bad job about this note, Mr. Curtis"—I did not know his name until he wrote it on the note.
Cross-examined. Q. Has he been in and out of your shop? A. Yes, a great many times—he never purchased meat of me on his own account, but for his employer—he came two or three times a day or more—nothing drew my attention to the conversation till I knew the note was bad—I am positive I asked him to write his name and his address on the note, not "the" address—he did not take out his pocket-book before he wrote the name of Gordon—he wrote the name on the note first, and then took out his pocket-book—he remained about five minutes after he got the money—he seemed a little confused—I mentioned the invitation before the Lord Major—the prisoner did not tell me that he had an invitation from Gordon to go anywhere: he said that it was his farm at Croydon, and he was engaged
the greater part of the day, and would like me to give him a little note just beforehand—he appeared quite sober.
MR. SLEIGH. Q. Did he say "my farm"? A. Yes, and he told me how many horses he had.
WILLIAM GRAVES . I live at Trowbridge, in Wiltshire—I was a waiter at Mr. Tregold's boarding-house, Queen Street, Cheapside—about a month before March 27th I met the prisoner in the street—he asked me if I did not live at the boarding-house—I said, "Yes"—he gave me this card and asked me to call on him—on the evening of March 27th I heard the doorbell ring; there was nobody there, but I saw the prisoner coming across the road with his wife—he wished me good evening and asked how I was getting on, and if I could change a 20l. note, or get it changed—I said, "I am too busy to go out to see about it," and he knew the places better than me—he said that his furniture had gone down to Croydon, and if I got it changed he would give me two or three shillings—I said I was too busy to go—I mentioned Mr. Curtis, the butcher, to him, and the public-houses.
Cross-examined. Q. I believe you did not know where he lived? A. No, but he gave me his card, with Lockwood on it—he had only seen me once—he did not show me the 20l. note—he gave me his card, that I might call and see him.
CATHERINE STOCKWELL . I was barmaid in March at the Swan, Dover Street, kept by Mr. Bryant—on 27th March, about nine in the evening, the prisoner came in for half a gallon of gin—he gave me this 10l. country note (produced)—I took it to my master and got change, which I gave to the prisoner—he had something to drink at the bar—I am sure it was a 10l. note, and not a 20l.—he left the gin the first time, as the governor was not in.
Cross-examined. Q. Did you know him as keeping a beer shop in the neighbourhood? A. Yes before Christmas; they told me he kept a beershop in Kent Street; that is all I know—that is about two minutes' walk off.
JOSEPH HALE BRYANT . I keep the Swan, in Dover Street—on 27th March, my barmaid brought me this 10l. note; I gave her change for it, and Borne days afterwards a policeman named Dawson came—on the 30th March Dawson and I saw the prisoner—we had some conversation with him about a 5l. Bank of England note, nothing to do with this matter, in the course of which I told him that I had presented the note at the Bank, and found that there was no such bank in existence; it had failed some years since—that was the second conversation—at the first conversation, when I found the 5l. note was stolen, I said that I hoped the 10l. note would be right—he said, "Oh! yes, for what I know"—it was after that 30th March that I presented it at Dimsdale's, and found it was false—I saw the prisoner in the evening, and told him I had presented the note, and they told me that the bank had failed some years since—he asked me to give him a little time and he would pay me—he said he had taken it of a Mr. Gordon or Waters, I am not positive which—he showed me this note in his pocket-book, of the person he had taken it from: "John Gordon, Park Farm."
HENRY DAWSON (Policeman 301 A). On Saturday, 30th March, I saw the prisoner at his public-house, the Prince of Wales, Church Street, Borough—Mr. Bryant said he hoped the 10l. note was right—he said, "Yes, that is all right; I received it from Mr. Gordon, Park Farm, West
Croydon"—this pocket-book was produced on the first and second occasions, and he pointed out this note to me: "John Gordon, Park Farm, West Croydon, 10l. next 20l."—we made an appointment to see the prisoner on Saturday night—Mr. Bryant and I were going to his house, and met him and Ball in Church Street; we then went to Ball's house—Ball made a statement to me a day or two afterwards—on 5th April I went to the Artichoke, Leicester Square, and said to the prisoner, "Lockwood, I want you; I have been to your place several times, and have not been able to see you"—he said, "I did not know where to see you or where to find you"—I said, "I left my name and address with your wife, and she told me she gave it to you"—I spoke to him about the 5l. note, and then said, "What about that 20l. note that you passed at the butcher's in Trinity Lane on the 27th?"—he said, "Butcher's? what butcher's?"—I said, "I do not know his name, but it is a butcher in Great Trinity Lane"—he said, "No, I passed no note"—I said, "Were not you an assistant in the vicinity of Trinity Lane?"—he said, "What firm?"—I said, "I do not know; but did not you go to the butcher's on Wednesday night with your wife, where you owed an account, and purchase another joint of meat, and receive the change for a 20l. note?"—he said, "No, I know nothing about it"—I said, "You are the same with these notes as you were with the fives; I met Ball in High Street, Borough, a day or two ago, and he told me you were keeping out of the way, but if the party he received them of did not come forward and assist him he should round on you"—the prisoner said, "Ball had no right to say that; he cannot prove it"—I said I should take him to Bow Lane Station and we should see—I took him there, and he was charged with uttering a 20l. note at the butcher's, in Great Trinity Lane—the inspector said, "Oh! Mr. Curtis's?"—I said, "Yes"—the prisoner said, "That note I changed with Mr. Curtis I received from Mr. Gordon, Park Farm, West Croydon," and produced the book again—Mr. Curtis was sent for and identified the prisoner, who gave his name, John Lockwood, Prince of Wales beer shop, Church Street, Borough—he said he had seen Gordon last Sunday night, 31st March, at his house.
Cross-examined. Q. How long have you been in the police? A. Thirteen years—I have been examined many times—I met Ball and asked him where Lockwood was—he said that he was keeping out of the way—I told Lockwood that, and he said that Ball had no right to say so and could not prove it—I asked him about the 5l. note—he said, "I received that from Mr. Waters, 126, Waterloo Road, a customer who very often comes to my house in a trap with two others."
GEORGE SCOTT (City Detective Sergeant). On the evening of 5th April I was at Bow Lane Station and heard the prisoner say that he got the 20l. note from John Gordon, of Park Farm, West Croydon—I searched him and found the pocket-book produced and another one—I have looked through them, but find no entries of the numbers of bank notes.
STEPHEN WEST . I am a meat salesman, and occupy the Park Farm, Beddingtou, West Croydon—I have lived at Croydon all my life—I know nobody named Gordon occupying a farm there—there is a farm at Ayling Park, two miles off; Mr. Watney lives there.
twenty-five years—I know Mr. West's farm, at Beddington, and Mr. Watney's, Ayling Park Farm—I know no other Park Farm in or near Croydon.
SAMUEL WILLIAM PACE . I am cashier to Dimsdale, Fowler, and Barnard, of 20, Cornhill, bankers—they were agents for Nash and Neale, bankers, of Reigate, under the name of the. Reigate and Croydon Bank—it was a bank of issue—it stopped payment on 24th June, 1850—this 20l. note, dated February, 1863, and 10l. note, dated May, 1863, are on genuine forms—I do not know this signature, "Philip Brooks," or the counter signature of "Harris"—they are both signed and countersigned in the same way, and the bank had stopped long before—there were no such persons connected with it.
JAMES PARRY . I carry on business in Walworth Road, and buy waste paper—within the last twelve months I bought as waste paper some notes of this description—these are much like them, but they were not signed—they went to the mill, I think, but I gave two or three away to people in the neighbourhood.
WILLIAM PRIESTLEY . I am a general dealer, of Richben Street, Hunter Street, Kent Road—I have known the prisoner above two years—I first knew him at the Robin Hood beer shop, Eltham Street, Kent Road, which he kept—I played at skittles there—I went there nightly—I afterwards knew him at the Prince of Wales, in the Kent Road; I went there often—I sold him a watch and chain at the Robin Hood—I always went by the name of Priestley, never in the name of John Gordon—I do not know Park Farm, Croydon—I never told the prisoner I was a farmer—I did not give this 20l. and 10l. note to the prisoner, and never saw them till I was at the police-court, charged with uttering—I was discharged—I was also charged with stealing a truck and discharged—Paul Sullivan, a friend of the prisoner's and a friend of mine, also charged me.
Cross-examined. Q. Were you dressed the same at the police-court as you are now? A. Yes, except my tie; I have got a bad neck—I always wore the same kind of dress—I do not look much like a farmer; I never dressed like one—I had an overcoat in the cold weather—I have not bought any clothes for this trial—I never had these notes, and never got any change for the prisoner—I heard three or four persons swear at the police-court that I did.
ROBERT PETHER (Policeman 98 M). I have known the prisoner ten years—I knew him when he kept the Robin Hood—I knew Priestley going to the Robin Hood two or three years ago—I never knew him by any other name—I have had him in custody—he always gave the name of Priestley—I also knew him at the Prince of Wales when the prisoner kept it, the latest time was in January and February.
JOHN MARSH (Policeman 92 M). I have known Priestley nearly twelve years in the name of William Priestley, and I knew his father—I have known the prisoner two or three years—I knew him when he kept the Robin Hood, and have seen Priestley there playing at skittles, and always in the name of Priestley, never in the name of Gordon—after the prisoner removed to the Prince of Wales I saw Priestley there with Sullivan, sometimes nightly—it is a general house of call for him.
GUILTY . He received a good character, but Mr. Brennan, of the Mint,stated that eight or ten of his associates had been sentenced to penal servitude.— Fifteen Years' Penal Servitude. (There was another indictment against the prisoner.)
MR. COOPER conducted the Prosecution, and MR. STRAIGHT the Defence.
ISAAC BARNETT . I am a jeweller, of 1, Downham Road, Kingsland—on 14th January I was awoke by the loud screams of my housekeeper, between two and three a.m.—I saw a man run away from her—she was making a grasp at him, and blood was streaming from her head—I got up and examined my house—I found the washhouse window open, and the yard door—they were shut and fastened when I went to bed—a person had got in at the window, and then unfastened the yard door, which opens into the yard, by which means he made his escape sure—my servant's bed-room was easy of access when they were once in the house—the prisoner had been to my shop, and ask me a question about the repair of a watch, the day previous, and I recognised him immediately.
JOHANNAH MCCARTHY . I am Mr. Barnett's servant—I was aroused by a noise, about a quarter-past one o'clock—I looked into the yard, but saw nothing—I went to bed again, and to sleep—about half an hour afterwards, to the best of my knowledge, I saw the prisoner pass through my room—he opened the folding-doors between my master's room and mine, and I then saw who he was by the gas light in the shop, where my master sleeps, and which is alight all night; there was a full blaze of light—I distinctly saw his face; he was face to face with me—after he entered my master's room I got out of bed, and saw him standing over my master as he lay in bed—I saw his face distinctly—I made a grasp at him, and he turned round and hit me a blow with some hard instrument on the top of my head—I shouted out, and my master awoke—I afterwards found the sash of the washhouse window broken—I had seen that window closed at night—my room door was unlocked, and a person could come from the wash-house into my room.
Cross-examined. Q. Do the folding-doors shut pretty closely? A. Yes; they were between me and the light—when I seized the prisoner Mr. Barnett was asleep in bed, and the prisoner stood looking over him—when he had given me the blow he ran back through my room out into the passage, in the dark—I had never seen him before—my master did not awake till I screamed out, "You thief, what do you do there?"
MR. COOPER. Q. How soon afterwards did you see him again? A. At the Mansion House, a fortnight or three weeks afterwards—there were a great many people with him, but I knew him at once.
JAMES CROOCH (Policeman 71 N). James Thorn, whose name is in the depositions, is ill in bed; I was with him when the prisoner was taken on this charge, on 10th May, at the City prison, Holloway—Thorn told him he should take him in custody for burglary, at Mr. Barnett's, Kingsland Road, and assaulting a female—he said, "I expected you were coming, but I did not think you would come, because it got so late."
Cross-examined. Q. Have you appeared before? A. I was at the police-court, but was not called—I believe the prisoner had heard that he was wanted for this burglary.
GUILTY . He was further charged with having been before convicted, at this Court, in May, 1865, to which he
PLEADED GUILTY.**— Seven Years' Penal Servitude.
MR. HORRY conducted the Prosecution, and MR. COOPER the Defence.
ELIZABETH FELL . I live at 148, Hackney Road—on 30th May I was near the Mansion House, with my two children—James Black hailed me from his omnibus, which was drawing towards the Mansion House—I assented—he took my little boy in his arms, and I followed close behind him, and got in with my little girl—I then missed my purse, containing 6l. in gold and 18s. in florins—this is it (produced)—the money is in it.
Cross-examined. Q. Do you find 7l. 0s. 4d. in it? A. Yes; that was about what I had—I kept it in my dress pocket—my little girl is eleven, and the boy four—they were very close to me—I had two handkerchiefs in the pocket where the purse was—I felt nothing.
JAMES BLACK . I am an omnibus conductor, of 142, Portman Road, Notting Hill—on 30th May, about 3.15, I was with my omnibus near the Mansion House—I hailed the last witness—she assented—I stopped the omnibus, and crossed the road to assist her to it—I saw the prisoner close to her, with his hand close to her pocket; his left hand was towards her right hand—she had a child under each arm, and I could not perceive whether his hand was in her pocket—she led one of the children to the omnibus, and I carried the other, keeping my eye in the meantime on the prisoner—I then asked the lady if she had lost her purse—she said, "Yes"—the prisoner was then four or five yards from the omnibus door—I gave chase, and took hold of him; he immediately produced the purse from his right-hand trousers pocket, and said, "Here it is; we found it"—I had said nothing to him about a purse.
Cross-examined. Q. I suppose there was a crowd? A. Yes; there were two persons running when I stopped him—I was out of breath when I caught hold of him.
The Prisoner's Statement before the Magistrate:—"I will be very thankful if you will deal with it here."
The prisoner's father gave him a good character.
GUILTY. Recommended to mercy by the Jury. — Three Months' Imprisonment.
JOHN HALE (Police Sergeant 2 E). On 5th May, about 4.15 a.m., I was on duty in Montague Mews in plain clothes—Hayward was with me—I saw Blackmore go to the stable door of No. 24 in those mews—he stayed there about a minute, and then crossed to the opposite side, and stayed there about two minutes, as if he was to receive some answer from some one—he then went part of the way to Montague Street, and sat down on a doorway and did something to one of his shoes—he sat there a short time and then left—three or four minutes after, Williams came into the mews on a horse, as hard as the horse could run—I stepped behind him, took hold of the horse, and said, "I am a police sergeant; where did you get that horse from?"—he made no answer, but took from his right-hand coat
pocket this bit and strap, and struck me four or five times on the head with it, at the same time striking his heels into the horse and urging him on—another constable came up, and we took him to the station—Blackmore was brought in shortly afterwards—I placed him in the dock with Williams, and told Williams he was charged with having a horse in his possession, and not giving a satisfactory account—they each said, "I do not know anything about it"—I searched Blackmore and found on him some oats and chaff, three pieces of soap, a razor and case.
Blackmore. I was never in the mews at all.
Williams. I did not strike him till he began knocking me about with a stick.
WILLIAM HAYWARD (Policeman 30 E). I was with Hale, and was sitting in a cab, when Blackmore came down to No. 24 in the mews—he remained against the door about a minute, then crossed to the opposite side, and waited about two minutes, and then left the mews—shortly after Williams came into the mews on a horse as fast as the horse could trot—I saw him strike Hale—there was a head collar on the horse.
WALTER FREEMAN (Policeman 28 E). I took Blackmore, in consequence of a description, on the same day, in Southampton Row—I told him I had been looking for him from a description I had received, and I should take him to the station for being concerned with another in stealing a horse—as we passed Montague Street I asked him if he knew that street—he said, "No," and denied having been in the neighbourhood.
THOMAS BARKER . I am a corn dealer, of 8, Liverpool Terrace, Liverpool Road—Hayward pointed out a horse to me—it was mine, and was in my stable about eleven on Saturday night, and was missed next morning—I do not know the prisoners.
ALFRED PRIMMER . I am the prosecutor's carman—I know this head collar—it is my master's—I left it in the stable on Saturday night—the gelding was all safe then—I missed it about half-past eight or nine next morning—the door was then unlocked—the bridle was hanging up without the bit on Saturday night—this bridle, which the policeman was struck with, does not belong to me.
THOMAS ROSLING . I am a horse keeper to a gentleman in Sermon Lane—I was cleaning my master's gate as the clock struck nine on Saturday night, and saw Blackmore walking towards White Conduit Street—I noticed him because he walked lame—I saw him five or ten minutes afterwards walking towards the Liverpool Road.
Blackmore. That is false.
JAMES DAVIS . I am a lamp-lighter, of Russell Place, Sermon Lane—on 2nd May, about 10.15, I was coming out of the supper rooms, and saw both the prisoners, in conversation, coming from White Conduit Street towards the stable—they walked towards the Liverpool Road, turned back again, and as they were passing, some boys told them that nothing wanted moving about there—they made no reply—I did not know them before—I saw them at Bow Street a fortnight afterwards—I had a summons to attend—they were the first two that came out of the prison van—I knew them directly.
WILLIAM HILDITCH . I am potman at the Montague Arms—on Saturday, 4th May, I saw Blackmore standing in the mews smoking, about a quarter to eight o'clock—he was there till just on a quarter to nine—two young fellows were with him—I do not know them to swear to them, but one was a tallish chap.
COURT to JOHN HEAD. Q. What is the distance from Sermon Lane to the mews? A. I should think it is two miles.
Blackmore's Defence. I asked the policeman at the Court, if he saw me on 5th May, why he did not appear against me on the 6th. He never appeared till the 20th. He was there when we got out of the van, and said, "Those are the two." E 2 has a spite against me; he has known me for years.
Williams's Defence. I know nothing about this prisoner.
BLACKMORE— GUILTY . He was further charged with having been before convicted at Clerkenwell, in April, 1861, to which he PLEADED GUILTY.**— Ten Years' Penal Servitude. WILLIAMS— GUILTY .— Nine Months' Imprisonment.
567. CHARLES LETT (28) PLEADED GUILTY to burglariously breaking and entering the dwellinghouse of Thomas Turner, and stealing therein thirty-four gouges, his property, and one square and two aprons of George Luke, having been convicted at this Court in August, 1866.— Eighteen Months' Imprisonment.
THIRD COURT.—Wednesday, June 12th, 1867.
Before Mr. Common Serjeant.
569. EDWARD THOMPSON** (28) and JAMES CASEY** (16) , to stealing a handkerchief; THOMPSON also, confessed to having been before convicted. THOMPSON— Seven Years' Penal Servitude; CASEY— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
570. SAMUEL SMITH (41) and WILLIAM FEARMAN (36) , to feloniously receiving an order for the payment of 10l.— To enter into their own recognisances in 10l. each to appear. [Pleaded guilty: See original trial image.]
MR. STRAIGHT conducted the Prosecution.
RICHARD AUGUSTUS CARROLL . I am clerk in the booking-office at the Aldersgate Street Railway Station—about nine o'clock on Friday evening, 3rd May, the prisoner came to the window of the booking-office and asked for a third-class single ticket for Portland Road, which was 4d.—he gave me a shilling and said, "Be quick, I want to catch this train"—I gave him 8d. change—I saw it was a bad shilling and went after him, but could not find him—I gave the shilling to the constable—I am quite sure the prisoner is the man.
JANE GRIFFITHS . I am barmaid at the refreshment bar of the Aidersgate Street Station—between nine and 9.30 on Friday evening, 3rd May, the prisoner came for a glass of stout—he gave me a bad shilling—a gentleman standing by stopped him, and I gave him in charge with the shilling.
SIMON HATCHWELL (Policeman C 262). I took the prisoner—I searched him and found 3d. in coppers, a bottle of medicine, and a blue bag—I received a bad shilling from Carroll and Griffin, which I produce.
The Prisoner's Statement before the Magistrate:—"I say that I never did
give that gentleman (Carroll) the shilling at all. He did not see my face. I should have had the change out of the shilling."
GUILTY .**— Two Years' Imprisonment.
MR. STRAIGHT conducted the Prosecution.
JOHN EGAN (City Police Constable 128). About a quarter to six on 16th May I saw the prisoners together in Bell Alley, Moorgate Street—I followed them, and directly Palmer saw me they separated and he turned off—I saw a constable named Lawley and told him something, and he took Brown into custody—I went after Palmer; I told him I had reason to believe that he had counterfeit coin in his possession—he said he had not, and at the same time produced 1s. 6d. in good money—he had under his arm a half-quartern loaf, commonly called a brick—I examined the loaf, and found inside a piece of yellow paper in which were wrapped three counterfeit florins, wrapped separately—I searched both prisoners, but found only a bunch of keys and 1s. 6d. good money on Palmer—I afterwards received a counterfeit florin from Mrs. Sunman.
FREDERICK LAWLEY (Policeman 141). I took Brown in Bell Alley on 16th May—on the way to the station he thrust his hands into his tronser's pocket—I told him to take them out, and immediately this florin (produced) dropped down the leg of his trousers—I picked it up.
MERCY SUNMAN . I am the wife of Gabriel Sunman, of Windmill Street, Finsbury, baker—about five o'clock on 16th May Brown came for a loaf called a brick, which was 4d.—he gave me a florin and I gave him 1s. 6d. change, and he ran off without waiting for the 2d.—I put the florin in the cash-box; there was not another there—Egan came in shortly afterwards and I gave it to him.
GUILTY .— Nine Months' Imprisonment each.
MR. COOPER conducted the Prosecution.
JOHN SULLIVAN . In 1864 I lived at 8, Blewett's Buildings, Holborn,—the prisoner lodged with me in December, 1864—on 24th December I saw him with materials to make up two coats—he did not tell me from whom he received them—I saw him roll them up and take them away.
JOHN THEOBALD . I am foreman to Messrs. Holland, of Lambeth—I was so in December, 1864; at that time the prisoner worked for us—on the 24th I gave him materials for making two police-coats—he gave his address at 7, Blewett's Buildings, Holborn—he has never returned them—the materials were worth 50s.
Prisoner. I got the coats from him and then I lost them.
The Prisoner's Statement before the Magistrate:—"I got the materials for the coats from Mr. Theobald, after which I bought some grocery, and put them altogether in a bag. I got drinking with some shopmates, and lost the bag with the things in it."
Prisoner to JOHN SULLIVAN. Q. At this time Were you not ill in bed of a fever? A. Yes—you had 2l. of my money in your possession at that time to try and get some work for me from Mr. King—my wife went
with you to Mr. King's, and the 2l. was to leave as a deposit on the work.
NOT GUILTY .
JAMES GHAGAN . I live at 4, Angel Court, Strand, and am a subcontractor for the army and police clothing—the prisoner is, a journeyman tailor—on 2nd January, 1865, he came to me at 13, Duke's Court, Bow Street, for work—I gave him the materials for making up a police frock coat—he gave me the name of John Morrison, of 9, Nottingham Court—I afterwards found both name and address was wrong—he did not return the materials or the coat to me—the value was 1l. 4s.—on 1st May this year I found him in a public-house in George Street, Drury Lane—I accused him, and he said he was not the man—it was his brother—I am quite certain he is the man—I do not know whether he has a brother.
ELIZA GHAGAN . I am the prosecutor's wife—I remember the prisoner coming to our house on 2nd January, 1865, and my husband giving him the materials for making a police-coat—I am quite sure he is the man—I did not see him again until my husband found him—I had seen him several times before at Rogers's—I knew him to be John Hare.
Prisoner. Q. If you knew I was John Hare, why did you not say so when I gave the name of Morrison? A. I had seen you at Mr. Rogers's; you used to go there to take your money the same as I did.
The Prisoner's Statement before the Magistrate:—"Last Sunday evening I had a row with a man, who said he would serve me out by telling Mr. Ghagan that I was the man who had stolen the material for a coat two years ago. What I said to the sergeant about its being my brother was only a lark".
ELIZA GHAGAN (re-examined). I was not told where to find the prisoner—I met him accidentally—I went to a Mr. Burt's to ask him to come for some work, and there I saw the prisoner sitting on the board, and I recognised him as the man; he held his head down.
The prisoner received a good character.
NOT GUILTY .
575. GEORGE RICHARD MARTIN (32) PLEADED GUILTY to stealing three shawls, value 120l., the property of Stephen William Lewis; also to four other indictments for larceny. He was further charged with having been previously convicted. To this he pleaded NOT GUILTY.
MR. METCALFE conducted the Prosecution, and MR. SLEIGH the Defence.
WILLIAM HENRY MARTIN . I am a whip manufacturer, and carry on business at 64 and 65, Burlington Arcade—I produce a certificate or conviction obtained from this Court against Richard Martin. (The certificate was that, on 24th November, 1845, at the Justice Hall, Old Bailey, Richard Martin was convicted of stealing certain goods, the property of William Henry Martin, and was sentenced to six months' hard labour.) The prisoner is the person mentioned in that conviction—I was the prosecutor—he obtained some whips from me—I assisted the constable in arresting him, and I have seen him several times since—I have not the slightest doubt he is the man.
Cross-examined. Q. That would be twenty-two years ago? A. Yes, as near as I can say, he was about twenty years of age at that time—I had not known him previously—I saw him again twelve months after the conviction
at Bow Street—I had not seen him from 1846 to 1867—I saw this case in the newspapers, and I thought he was the same man, and I went to the police-court and identified him.
NOT GUILTY of the previous conviction. Sentence on indictment, TenYears' Penal Servitude.
MR. GRIFFITHS conducted the Prosecution.
JAMES ALLUM . I am a cab-driver, and live at 19, Gower Place, Euston Road—in April, 1866, I was a cab proprietor—the prisoner was in my employment as horse-keeper, at my stables, Capel Mews North—he absconded on the 27th—after he had gone I missed two mares, one black and one brown, two whips, a great coat, a rug, &c, altogether worth about 18l.—one of the mares I found between one and two the next morning at Miss Winkley's, over the water.
Prisoner. Q. Did your son ever drive a cab without being licensed? A. Yes—for some six or seven months—not for two years—you were only in my employment four days—your money was not due until the week was up.
WILLIAM GREEN . I live at No. 1, Nelson Yard, Old Kent Road—I collect old horses for Miss Winkley for slaughtering—about 2 p.m. on 27th April I bought a black mare from the prisoner, at the entrance of the Cattle Market, Islington—I believe he is the man; I was only in his presence about five or ten minutes, and I could not positively swear to him, but I firmly believe he is the man—I gave him 50s. for her, which was a good price—early next morning the prosecutor came to Miss Winkley's and identified the mare as his—about an hour after I had the mare I saw the prisoner with another man, and they had a dark brown mare, a smaller one than the other—he asked me to buy that—I said I did not want it; it was too good for my job—I did not ask him the price, but she was worth about 10l.
Prisoner. Q. Did you not say at Bow Street that the man that brought you that horse asked 6l. for it? A. I do not know that I did. (The witness's deposition, being read, stated:—"He asked me 6l. for it—it was worth about 10l.")
WILLIAM JOHN JOHNS . I am a veterinary surgeon, living at No. 22, Upper Sheeny's Mews—on 27th April, 1866, a little brown mare was brought to my shop—I knew it belonged to Mr. Allum, as we had shod her before—I believe the prisoner came with her, and about three hours after he came and fetched her away—he was with another man, driving a four-wheeled cab—the mare was tied on to the cross bars of the cab—I noticed that she was not taken in the direction of the prosecutor's.
Prisoner. Q. Are you sure I am the man that came and fetched the horse away? A. To the best of my knowledge—I had seen you three times previously—I picked you out of a dozen men at the station.
RICHARD PLESSETT (Policeman 106 E). I received information of this robbery in April, 1866—I could not find the prisoner—last Friday week I was fetched to the station—he was brought there by the prosecutor's son—I heard the charge read over to him—he did not say anything.
GUILTY .— Nine Months' Imprisonment.
MR. GRIFFITHS conducted the Prosecution, and MR. STARLING the Defence.
—about 12.30 on the night of 15th May I went into a public-house, and the prisoner followed me in and asked me to treat him, but I would not—I had 23s. in my pocket-book at that time—I did not take my pocket-book out to pay for the beer I had—the prisoner followed me out—there were plenty of people outside—the prisoner first shoved me, and then struck me in the face and knocked me down, and six or seven men jumped on me—I cannot say whether they struck me—I did not lose my senses—I lost my pocket-book whilst on the ground—I got up and went for a policeman—I found one, and we came back to the place where I had been knocked down—the prisoner was standing there.
Cross-examined. Q. How long have been in this country? A. Four weeks—I had been to a theatre that evening—I left the theatre about twelve o'clock, and we came home in a cab—I had nothing to drink before I went to the theatre, nor after I left it, until I got to this public-house—I was with a friend named Miller—I did not see him pull any one off me—when I refused to treat the prisoner he was angry—he asked me twice to treat him—he did not call me bad names.
JAMES MILLER . I am mate of a ship, and am lodging at the Sailors' Home, Wells Street, Whitechapel—I was with the prosecutor on this night—we were both sober—I went into the public-house with him, and the prisoner followed us in, and he followed us out—when we got outside he struck Glovan in the face—there were six or seven others—Glovan was knocked down—I did not see them steal his pocket-book—I caught hold of the prisoner and prevented him striking Glovan further—I went in search of a constable, and when we came back the prisoner was standing where the assault had taken place.
WILLIAM TURNER (Policeman 64 H). I was called by the last witness on the night in question—I went with him to the place where the robbery had been committed—there were forty or fifty people there—the prisoner was in the centre of the mob—the prosecutor said the prisoner had knocked him down, the prisoner said he had not knocked him down, he had only shoved him—the prosecutor and last witness were perfectly sober.
Cross-examined. Q. Did not the prosecutor say the prisoner had knocked him down and helped to rob him? A. Yes—and then the prisoner said he had only shoved him—I searched him and found 6d., a knife, and a key.
GUILTY .**— Eighteen Months' Imprisonment.
OLD COURT.—Thursday, June 13th, 1867.
Before Mr. Justice Willes.
MR. GRIFFITHS conducted the Prosecution, and MR. MOIB the Defence.
THOMAS CONNOR . I am a carver and gilder, of 20, Great St. Andrew Street—about twelve o'clock on Saturday night, 11th May, I was in my shop, when my father, the deceased, went to get some beer for supper—a few minutes afterwards I heard my sister scream, I ran outside and found my sister had just caught my father by the arms, he was about two feet from the kerb, lying down on the ground—he was perfectly insensible—his head was covered with blood, I saw a cab there, it had just passed over him—it was not more than an inch or two from him, ho was just behind the wheel; the cab was going on when I saw it—it went on for
about three doors before it stopped, just at the end of street—the prisoner was driving it—he was drunk, I told him so directly I saw him—I assisted in taking my father to the hospital—it appeared to me as if his left temple was smashed—some persons in the street turned the cab round, I went to him and said, "You have run over my father, and you must take him to the hospital"—he would not answer me—he did at last take him—when we got there I asked him for his ticket—he said he was not going to give me a ticket.
Cross-examined. Q. Was there a crowd when you went out? A. Some people were running over, directly they heard the scream, from the George public-house opposite, where he had been for the beer; there was a crowd in a very few minutes—there was a cab behind the prisoner—I could see the prisoner was drunk, by his ways, his face was red and he seemed going forwards on his cab, as if he was not able to control himself—I have seen men excited; he was quite drunk—I and another person went in the cab with my father to the hospital; I did not see any persons on the springs behind—I did not notice any one in the cab when I first came out—there were no cabs or conveyances going the other way; the prisoner was going up from St. Martin's Lane—the prisoner was sitting on his cab all the time, he did not get off—there was no policeman there, or I should have given him charge, I looked out all the way to the hospital and could not see one—there was a waterman at the hospital, but I had no idea he had power to take him—the porter at the hospital got the ticket from the prisoner after some demur.
MR. GRIFFITH. Q. Was there a good light? A. Yes, it was close against a lamp-post—the other cab merely drove past, or I should have put my father in that; we were nearly thrown out twice in going to the hospital; I think it was the prisoner's faul—I mentioned that at the inquest—the horse stumbled and went down and the cab went nearly on one side—my father was sixty-two years of age and in good health.
EDWARD MOGFORD . I live at 4, Neale's Yard, Drury Lane, and am a costermonger—on the night of 11th May, about twelve o'clock—I came out of the Geroge with the deceased and another man, we walked for about two doors—the deceased then crossed the road—I stood on the kerb; therewas a cab coming down the street at a fast pace, on the right-hand side, his wrong side, the driver hallooed "Hoy!" two or three times; he was then between four and five yards from the deceased—he was knocked down by the cab, and the wheel went over him; he was perhaps about a yards from the kerbj or a little more—the cab went on, a man went and the corner before it was stopped, that might be the length of a shop and a half, or two shops—I don't know in what state the prisoner was; he was going at too much of a pace, or else he might have pulled up before he reached him—there were lamps on each side of the way—I should say he was going at the rate of twele miles an hour.
Cross-examined. Q. This was Saturday night? A. Yes—there were not many people about; it is not a very narrow street—if there were any persons about they were on the pavement, not in the road.
CHARLES SHARP . I live at 20, Great St. Andrew Street, and am a photographer's assistant—about twelve o'clock on this night I was standing at my door, which is five or six doors from the Geroge, talking to my wife—she suddenly screamed out—on turning round I saw the cab within a foot of the deceased; he was knocked down by the horse when he was
within about two feet of the kerb, and I saw the right-hand wheel go over his body—he was on his wrong side of the way, within about two feet of the lamp-post—after running over the deceased he crossed on the opposite side of the road, and went about two doors and a half from the spot—I ran over and seized the horse's head—I could not judge of the pace at which the cab was going; if he had been going at a proper pace he could have pulled up much quicker than he did—he was going very fast—I heard the deceased's son say he was drunk—I was too agitated to notice his state—he refused to turn round for a long while, till another person came to my assistance and turned his horse round—I did not say anything to him—I tried to pull his horse round to take the deceased to the hospital—he made no answer, but he did not offer to turn; we had to turn the horse.
Cross-examined. Q. Was he not agitated? A. I can't say; I did not notice—he was going at a faster pace than cabs generally go—I suppose the ordinary pace is seven or eight miles an hour—I did not examine the horse; I am no judge of horses—there were not many people there until the accident took place—I swear positively that I saw the wheel pass over the deceased; it was the off wheel, the one next to me—I should think it passed over the lower part of his body—I did not hear the cabman call out; I was talking to my wife, and did not see anything of the accident till the horse was within a foot of the deceased.
GEORGE BEACON . I am porter at Charing Cross Hospital—the deceased was brought there about twelve o'clock on 11th May in the prisoner's cab—I saw the prisoner; he was the worse for liquor—I asked him for his ticket; he refused to give it to me—I eventually got it.
Cross-examined. Q. You say he refused; what did he say? A. He did not answer me; he was a good while fumbling for it; he could not sit upright on his box—the cab attendant, Bell, stood on the kerb, but he never assisted—if he saw a driver the worse for liquor it would be his duty to see after him; he did not detain the prisoner.
ALFRED HENRY BUCK . I am house surgeon at Charing Cross Hospital—I saw the deceased there at one o'clock, a short time after he was admitted—he was insensible—he had a wound on the left temple about an inch and a half long, from which he had been bleeding profusely—I did all I could to restore him, but he died about a quarter to eight—I made a post-mortem examination opposite the wound in the left temple—I found a portion of bone depressed, also extravasation of blood on the right side of the skull—all the vessels of the brain were more or less congested; the stomach contained about two ounces of undigested food, which did not smell of spirit or drink—all the other organs were healthy—the cause of death was the depression of bone and the extravasation of blood on the brain—supposing his head had been struck by a horse's hoof, or a wheel had gone over it, I should have expected to find the appearances I saw.
Cross-examined. Q. I believe you were not the first surgeon who saw him? A. No—my assistant is not here; he explained the case to me—there was no wound or injury on the lower part of the body—there would not necessarily have been an external mark, even if the wheel had passed over him—the wound in the temple was longitudinal and incised, rather jagged; it might have been caused by his head coming against the kerb.
Witnesses for the Defence.
MARGARET LOUISA BATES . I am kitchen-maid at the Langham Hotel—on Saturday, 11th May, a little before twelve, I was in St. Martin's Lane, opposite Aldridge's, at the corner of Castle Street—my stepfather called the prisoner's cab for me—I spoke to the prisoner before I got in; I asked him if he would be kind enough to drive me to the Langham Hotel—he said, "Yes"—he got down and opened the cab doors and let me in, and shut them after me; it was a Hansom cab—he was perfectly sober—he drove along St. Andrew Street—I saw a great many people about the George public-house, and crossing the road—there were two or three cabs coming up behind us—I heard the prisoner halloo two or three times, "Hoy," as loud as he could—he then opened the hole in the top of the cab and told me to sit still; he then drew up the cab—after the accident happened I saw several persons run across the road—the prisoner stopped the cab directly, got down, and took hold of his horse's head—he was driving very slow; I am quite sure of that, because I got into another cab that was passing, and he drove much faster than the prisoner—I did not stop to see anything of the accident; I was obliged to get in at my situation.
Cross-examined. Q. Where had you been on this night? A. To a place of amusement; I was tired, I was not asleep in the cab—I knew nothing of the accident until it was over—I did not see any man run to the horse's head; I am quite prepared to swear that no one did so; I did not see anybody go to the horse's head but the prisoner, if any one had done so I must have seen it—it is perfectly untrue—there were a great many persons crossing the road, quite a crowd—the prisoner stopped his cab very near where the accident occurred, on the other side—I did not hear any one speak to him—I had never seen him before.
COURT. Q. How long did you stop? A. Two or three minutes; the prisoner stopped his cab directly—I stopped in the cab till he got down—he hallooed down to me, "Oblige me by stopping in the cab a minute, I will get down and let you out"—the cab was taken back to the place where the accident happened while I was in it; the prisoner took it back, he led it back by the horse's head—I am quite sure of that.
JOHN SAY . I am a master chimney-sweeper, of 32, Castle Street, St. Martin's Lane, and am stepfather to the last witness—on Saturday night, 11th May, I hired the prisoner's cab for her against Aldridge's Repository—he stood by the side of his horse's head—I asked if ho would take her for 1s. to the Langham Hotel—he said, "That will do"—he took the nosebag off the horse and said, "Will you ride across the road?"—I said, "No"—my daughter got in, and I shook hands with her—the prisoner mounted his box and drove away—he had no appearance of being the worse for drink; if he was not a sober man there never was one.
Cross-examined. Q. Had you known him before? A. Never.
RICHARD PICTON . I am a picture-frame maker, of 10, Drury Lane—on Saturday night, 11th May, about twelve o'clock, I came out of the George public-house with the deceased and a friend—I wished them good night, and he crossed the road to go towards his home—before he got across the cab came along, and, with the hallooing, the deceased got so frightened that he could not move; he kept quite still, and the horse must have knocked him down—I ran over, and was the first to pick him up—I can hardly say whether the cabman stopped his cab himself or not—it went on three or four yards, and Mr. Sharp ran out of his shop and followed
it—I went in the cab to the hospital with the deceased and his son—I am not aware that the prisoner declined to take him—I did not take particular notice of the prisoner—I don't believe he was drunk—as we started to go to the hospital the horse made a stumble, but that was not the fault of the driver—there were two other cabs and and an omnibus following close behind the prisoner's cab when the accident took place.
Cross-examined. Q. How far did the cab go on before it stopped? A. Perhaps a yard or two—I could not say whether Sharp stopped the cab or not—when he came out of his door I said to him, "Charley, look after the cab"—I expect it was turned round and brought back—I left the cab and went back to the deceased—Sharp had not hold of the horse's head at that time; another man had—I was not before the Magistrate—I did not go and offer to give evidence for the prosecution, nor did they tell me they had got sufficient evidence without me—the cab might have been going about six miles an hour, I am not much of a judge—there was a cab and a bus meeting him, and some behind him.
ROBERT BELL . I am a hackney-carriage attendant, and live at 7, Heathfield Street, Notting Hill—on the night of 11th May, about ten minutes or a quarter past twelve, I was on duty in Agar Street, when the prisoner's cab came up to the hospital, and the deceased was taken in—the cab-stand is just in front of the hospital, but there was no cab on the rank—it is part of my duty to watch the cabs that come up to the hospital—seeing three or four persons round the cab, I went up to it—I had plenty of opportunity of seeing the prisoner—in my opinion he was perfectly sober; if he had been otherwise it would have been my duty to have confined him—I was at the police court, called on the other side—I told what I had to say about the matter.
Cross-examined. Q. Did you tell Inspector Thompson that the prisoner was the worse for drink? A. A man might have a glass of drink; he was a little excited—I did not say he was the worse for drink; I swear that—I have been suspended, for not taking the prisoner into custody, until this inquiry is over—I never told the inspector or anybody else that the prisoner was drunk.
The prisoner received a good character.
NOT GUILTY .
579. REINHOLDT ZIEGERT (47) , Feloniously and without lawful excuse having in his possession a stone upon which was engraved part of an undertaking for the payment of two guilders ninety-seven cents, of a body corporate in the kingdom of the Netherlands. Other Counts varying the manner of stating the charge.
MESSRS. SLEIGH and STRAIGHT conducted the Prosecution and MR. LILLEY. the Defence.
The prisoner being a foreigner, the evidence was interpreted to him.
GEORGE MANLEY . I live at 10, Backchurch Lane, and am a hairdresser—the prisoner came to lodge with me about 17th or 18th March last; he had the first floor back room—he remained there till he was taken into custody—the prisoner did not engage the room—it was a person who gave his name as Schmidt—he remained there with the prisoner for nearly four weeks—he left about four weeks after he took possession of the room; when he went away he asked if I would take in a letter in the name of Schultz for his friend the prisoner—from the time Schmidt left, nobody, to my knowledge, occupied the room with the prisoner—the prisoner has paid me the rent since Schmidt's absence.
Cross-examined. Q. During the time he was lodging in the house did any persons visit him? A. Not that I am aware of—there is a side door to the house, and a latch key; persons might come in without my knowledge—the prisoner did not go away at any time that I am aware of, or pass any nights away—I could not say lie did not—Schmidt left about a month after he took possession of the room.
MARY ANN COUPIE . I am servant to Mr. Manley—I knew the prisoner by lodging there—I have been in the habit of cleaning his room—no one has been living with him—I have seen this stone (produced) in his room, and this other stone also—I last saw them a fortnight before the prisoner was taken—I remember wanting to clean his room once, and he made motions that he had got particular work, and I could not do it—that was a fortnight before he was taken—that was a month after the other man had gone away.
Cross-examined. Q. Were you in the habit of cleaning the room from time to time? A. Every Saturday—he went out then—I saw these stones on those occasions, one was in the cupboard and one outside of the cupboard—I went to the cupboard to clean it—I lifted the stones out of the cupboard on to the floor—there was nothing upon them that I could see—they are the same stones, but I could not see the black writing upon them—I noticed the edges, they are chipped round—I have never seen stones like them.
MR. SLEIGH. Q. How often did you handle these stones? A. Every week when I went in—I have no doubt these are the stones—I saw some black ink in the room, and I have seen a blue colour; I don't know whether it was ink, it was like this (produced).
COURT. Q. Do you mean there was nothing on the stones, or that you did not notice anything? A. I did not notice anything—I did not know the prisoner's name.
JOHN PROKOP . I have been for some years officially connected with the Consulate of the Netherlands in London, and reside in Back Road, St. George's—in consequence of information, on Tuesday evening, 21st May, about eight o'clock, I went to No. 10, Back Church Lane, to a room on the first floor—I found the prisoner there alone—I had no one with me, I left two gentlemen outside, Mr. Kerkhoeven and Mr. De Pries—De Pries is employed by me—when I went in I shook hands with the prisoner, and said, "Well, Mr. Zeigert, how do you do?"—he said he did not know me—I said I was the agent of the Dutch Consul-General, and I gave him my card—I asked him if he knew a man of the name of Meygerink, and a woman of the name of Anna Rihorst—he said yes, he knew them both—I asked if he knew they were both in custody at Amsterdam—he said he had heard something about it, but he did not believe it—I told him that they had told the Magistrate at Amsterdam that he was making false coupons and giving them to them—he said, "They can tell what they like, but I know nothing about it; it is very easy, too, for the people in Amsterdam to say I did it, because they know I am a bad character"—he said that Meygerink knew lie (Zeigert) had been in prison for eight years in Prussia for forgery there—I asked him if he had got any forms that he made coupons on, that he was working in lithography—he paid no, he did it before, but not in London—I said, "There is a gentleman outside; if you will permit it, I will call him"—that was Mr. Kerkhoeven—I said he was the owner of the coupons—he is the gentleman whose name is signed at the foot of the genuine coupons—I did not say anything of that to Zeigert, I only asked him
if he would permit me to call the gentleman up stairs, and he could talk with him—he said, "Yes, sir, let him come up"—Mr. Kerkhoeven then came up—I said to him, "This is Mr. Zeigert"—I was talking to him in his own language—he is a High Dutchman, but he was talking all the time in Low German, that is very near Dutch—we could understand each other—he is a German—Mr. Kerkhoeven conversed with Zeigert about the coupons—he asked him about small coupons for two guilders ninety-seven cents—the prisoner said he knew nothing about it, but he would give an explanation before he would get the blame by the people—Mr. Kerkhoeven asked him what his business was—he said he was a painter and made sketches—Mr. Kerkhoeven asked if he would show him any of the sketches—he did so—they were landscape sketches—Mr. Kerkhoeven asked if he knew Meygerink—he said he knew them both—Mr. Kerkhoeven then asked if he might look in his box, that was standing under the bed—he told him it would be better for him if he had got anything to do with it, to tell him, and if he had got any forms or stones, or lithographs, to give them to him. (MR. LILLET submitted that after such an inducement, held out by a person in authority, no statement by the prisoner could be received in evidence. MR. JUSTICE WILLES was aware of a ruling of MR. JUSTICE COLERIDGE to that effect, but that had been overruled and ceased to be acted upon; he therefore could not allow the objection.) The prisoner said he had no stones, he had not worked at it in London—the same as he told me—he appeared to be very poor—he told me he was very poor, and I proposed to provide him with some food, and leave De Pries with him that night—I did leave him there—next morning, Wednesday 22nd, about six or seven o'clock, I went again—I found the prisoner and De Pries there—Mr. Kerkhoeven was not with me at that time—I asked the prisoner if he would go with me to the Consul's private house, where he could talk better with him (he had promised me the night before that he would go)—he said he would not go; anybody that wanted to see him must come to his room—I went away soon after that, leaving De Pries with him, and returned again at twelve with Sergeant Palmer, and after some talk we proceeded to search the place—before doing so I asked him again, at Palmer's request, if he had any lithographic tools—as he refused to go to the Consul, I asked him to write a note, and he wrote this note (produced) in my presence—it is in High German—I cannot read it—we then proceeded to search the place—Palmer brought the stone out of the cupboard, and told me to ask the prisoner what that stone was for—the prisoner said, "I grind paint upon that"—there was nothing upon that stone that I could see with the naked eye; it has been since worked up, and is now in a different state—there was no ink on it at that time—Palmer then got the second stone and put it on the table, and said, "Look here; what is this?"—I took it in my hand and looked at it, and saw on it, "For ten guilders"—I said to the prisoner, "What is this on this stone?"—he said, "This is a proof of my work"—there was no ink on it at that time, but I could see with the naked eye these words on it, "Mint billet," and the arms of the King—I could see everything clear with the naked eye—the words are "bank note of ten guilders"—then there is some writing to the effect that if any one forges a note he is liable to penal servitude for life—these scratchings-out might very likely have been done afterwards, but it was clear on the stone at that time—on the other stone there was nothing that I could see—Mr. Kerkhoeven was not there at that time—I sent De Pries for him afterwards—he came in about a quarter of an hour—Palmer found these tools and other things (produced)—I found
some black and blue ink—before Mr. Kerkhoeven came I said to the prisoner, "This is very fine work; this is a bank note of the Netherlands"—he said in English, "No, no, not money"—I said, "Yes, it is"—I told Palmer what it was, and Palmer said to me, "Tell him that I charge him with having stones in his possession; there is a proof of a note of the Netherlands, and he is my prisoner from this time, and not to say anything more unless he wants"—he said, "Very well," and at the same time he turned very pale—we asked before that if he was working with these tools—he said he used them for painting—when this piece of black oilcloth was produced, Palmer said, "Look here, here are letters upon this; ask him what that is for"—I asked him, and he said, "This is only what I rub it over with"—there are letters visible here—it is in the same state as it was then—I don't think it has been used since Palmer took it away—here are the same letters on this that are on the stone, "Mint billet," and here is the form of the note, the same that is on the note—when Mr. Kerkhoeven came in all these things were lying on the table—he took the stone in his hand, examined it, and said to me, "Well, this is very luckily found out; a bank note of the Netherlands"—I think he spoke to the prisoner about it, but I do not remember—he was removed in custody.
Cross-examined. Q. You say that the prisoner's native language is Low German? A. Yes—this letter is in High Dutch, I cannot read it, but I understand both High and Low German—I cannot read this writing, I can read the name of Schultz, that is written very like English—I never saw Schmidt, I don't know whether he is a lithographer, I know nothing about him whatever—when I told the prisoner that Mr. Kerkhoeven was outside he said, "Well, let him come up"—I went there as agent to the Dutch Consul; I gave him my card—I did not introduce myself to him as one of the police—I am quite certain I could see these words on the stone when it was first produced—I know nothing of lithography.
WILLIAM OCTAVIUS KERKHOEVEN (interpreted). I am a banker at Amsterdam—the currency of the Netherlands is partly in paper and, partly in coin—guilder notes are of different denominations—a guilder is 1s. 6d. in English money; there are 100 cents to a guilder—the interest of the State debt is paid by coupons—this (produced) is a genuine coupon, and this is a genuine bank note; the coupon is for the payment of two guilders ninety-seven cents, that is for the interest—the coupons are printed independently of any bonds—this small stone produced has engraved upon it the back part of a Mint billet, also two impressions of a coupon—on the large stone is the front part of a ten-guilder note—here is a coupon with the name of Schultz at the back of it; in my judgment that coupon has been printed from that very stone; this coupon bears my name—it is a forgery—the genuine coupons bear my name—there is something on this oilcloth which corresponds with the watermark—I was present on 21st May in Back Church Lane, when Palmer and Prokop had a conversation with prisoner; I came rather later.
WILLIAM SMART . I am manager to Metchim and Co., lithograpers, of 20, Parliament Street—I have had great experience in lithography in all its branches—I first saw these stones on 24th May; there was then none of this ink upon them, on this stone you could only see a very faint stain of the work that was on it; on the small stone I could see nothing—since the ink has been put on, it has brought it out—I forced the stone, as it is called in the trade, by rubbing some greasy matter over it; that restored the impression that was upon the stone—I have since
taken impressions from this small stone—on the large stone there is a slight stain. (MR. LILLEY submitted that, as the large stone formed the subject of another indictment, no evidence with respect to it could be given on this charge. MR. JUSTICE WILLES overruled the objection, referring to a decision of MR. JUSTICE WILLIAMS, reported in Cox's Criminal Cases.) I could discover it with the naked eye, though very faintly, I could not tell what it was; what is there now I saw then—in my opinion this coupon, with the name of Schultz at the hack, was printed from the small stone—from the condition in which I found these stones, they could not have been used for grinding paint upon them—these tools would he used in lithography for this purpose, and these inks would be used for printing—the acids, turpentine, and different things would be used for the purpose of printing from lithographic stones—this roller has been used for black ink, and this piece put over it has been used for blue—the oilcloth would, to the best of my knowledge, be applied for the water-mark—I can't say whether it had been recently used; the roller had, because the ink on it was wet.
Cross-examined. Q. Under what circumstances does it become necessary to apply the process which you call forcing? A. After a great number of copies have been worked off the stone the stone begins to wear, and that will bring it back again, or if the stone has been partly destroyed you can get it back again—both stones have been partly destroyed by pumice-stone, that is one of the things found—it is usual to apply the same stone to different work, it can be smoothed down for that purpose by the aid of pumice-stone, sand, and water.
MR. SLEIGH. Q. The large stone has an obliteration? A. Yes, as done with a piece of lithographic chalk rubbed across it, as if scribbled over—that would be done in a second—on the small stone I think pumicestone has been used, that would take all off and give a fresh surface to work upon.
JOHN WILLIAM MAY . I am Consul General to the Netherlands—I examined these stones soon after the prisoner was taken into custody—on the smaller stone I could see nothing, it was perfectly smooth as far as I could observe—on the larger stone I saw an engraving of what had every appearance of being the reverse side of a Dutch bank note or mint note of ten guilders—I examined this oilcloth and saw the words "Mint billet" on it; it is there now, in the same state as it was then.
Cross-examined. Q. Could you see anything on the larger stone with the naked eye? A. There was no trace of any part of a coupon on it at the time it was brought to me—on the smaller stone there was no appearance of anything to the naked eye.
JOHN WARD . I am in the office of Mr. McKewan, a bullion merchant, of Fenchurch Street—we buy and sell foreign coin and notes—we usually make a person selling coin or notes sign his name in a book or on the note—this coupon for two guilders ninety-seven cents was bought on 9th April for 3s. 10d.—I do not recognise the prisoner; our stamp is at the back of it and the name of "Schultz"—that was the name of the party who left the coupon with us.
Cross-examined. Q. Do you really recollect receiving that coupon and cashing it? A. Certainly, it has our stamp on it, and it must have passed through our hands—I recollect selling it to Mr. Kerkhoeven on 22nd May for 4s. 4d., but I can't say that I bought it.
MR. SLEIGH. Q. Turn to your book; is there an entry on 9th April
of that coupon being in stock? A. Yes, in my writing—I did buy it, and gave 3s. 10d. for it.
MR. KERKHOEVEN (re-examined.) I bought this coupon of last witness on 22nd May—the name on the back is "S. Schultz, Lernan Street, 52"
CHARLES CHABOT . I have had great experience in handwriting and lithography—I have examined the stones and the coupons—I have not the slightest doubt that the forged coupon has been struck from this stone—all these are tools which would be necessary to execute such work, and the acids and other things would be necessary—I believe the name of Schultz on this coupon and the letter signed "Schultz" are written by the same hand.
JAN JUSTICE EUSCHEDA . I am connected officially with the Imperial Bank of Amsterdam—this genuine guilder note is not issued by the Bank of Amsterdam, but it is payable there—it is one of the Government notes of the country—this is one of the coupons used in that country.
Cross-examined. Q. Are these coupons circulated as money in the Netherlands? A. It is not compulsory to accept them; they would be paid to the bearer—they are payable at the office from which they are distributed.
WILLIAM PALMER (Police Sergeant). This matter was placed in my hands by the Consul-General of the Netherlands—I took the prisoner into custody in Back Church Lane, on Wednesday, 22nd May—I discovered these stones, the inks, and other things, under the circumstances that have been detailed by Mr. Prokop—I have kept them in my possession ever since—there was no ink on the stones at that time; that was put on two days after—I have had this oilcloth in my possession ever since—nothing has been done with that; Mr. Smart examined it—I got this impression from it, but nothing has been put upon it—the roller was very damp when I found it, and the ink came off on your fingers if you touched it—before I took the prisoner into custody there was some conversation between him and Mr. Prokop in a foreign language—he said nothing in English.
Cross-examined. Q. Have these things been in your own personal possession and care? A. The tools were locked up in my own cupboard, the stones and oilcloth were locked up in a store-room attached to the office—they were never out of my possession—what Mr. Smart did was done in my presence.
MR. SLEIGH. Q. When you took the stones from the cupboard where was the prisoner? A. In the room, he did not assist to take them out of the cupboard.
SIMON DE PRIES . I am in the employment of Mr. Prokop—in conesquence of his directions I stayed with the prisoner on the Tuesday night at No. 10, Back Church Lane—about two o'clock in the morning we made some coffee—I asked if he wanted some bread—he said no, he could not eat—he sat for a little while, and then he said, "What a wonder that the man in Amsterdam (meaning Meygerink) did not say that he won these false notes by playing cards! then he need not say that I made them"—he was quiet for a little while, and then I said, "Perhaps the man made them himself"—he pointed to his breast, and said, "No, he cannot do it, lam the lithographer"—then he was quiet for a little while, and then he had a sort of a fit like—he began to tremble all over—I was frightened, and said,
"What is the matter, Mr. Ziegert"—he said, "Oh! oh! that bad Prussian"—I said again, "What is the matter?"—he said they had made him so unlucky.
Cross-examined. Q. Did you remain with him all night? A. Yes—I was left there by Mr. Prokoy—I am not a countryman of the prisoner—I speak half Holland, and he speaks half Dutch, we understand one another. (The letter, being translated, was:—"In regard to the Meygerink affair, I can only at the most surmise, which I am ready at any time to give.—Schultz.")
GUILTY .— Seven Years' Penal Servitude.
NEW COURT.—Thursday, June 18th, 1867.
Before Mr. Recorder.
MESSRS. METCALFE and STRAIGHT conducted the Prosecution.
JAMES AVERY (Policeman 172 M). I was present here on the trial of Owen Sullivan on the indictment now produced—I was examined, and so was Mr. Pearce, and then the prisoner was called—he was sworn and gave evidence (See p. 100)—he said that he had known Sullivan for the last two years, and had been living in the same lodging-house with him all that time, 21, Mint Street, Borough, and that he had never been away more than three nights at a time—the alleged day of the robbery was 13th April—he said that Sullivan was with him in the lodging-house at 8.30 that night, and remained there all night—the Judge examined him—he said that the clock was in the next room to the kitchen, and that he went out and saw the time when the man came in—the prisoner appeared sober.
Prisoner. I had only lived in the house myself two years, and slept out of it three nights.
WILLIAM PEARCE . I live at 12, Windsor Terrace—on 13th April, about 8.45 p.m., I was in the Great Dover Road, and as I passed Leicester House Sullivan seized me at the back of my neck, and as he pulled me round, two others pinnioned my arms while they took my watch and my money—there was a light—I am quite sure Sullivan is the man who seized me—I gave evidence in the other Court and he was tried for the offence—this prisoner was examined, and said that he was in their lodging at 8.30, and remained there during the night, and that the prisoner had been there ever since he had been there—the Judge said, "Has ho not been absent during that period?"—he said, "Three days, not longer," ever since he had been there—the Judge asked him if there was a clock in the room—he said that there was, but not in the kitchen where he was—I think he said that he looked at it, but I am not positive.
RICHARD KEMP . I am a warder at the House of Correction, Wandsworth—I know Owen Sullivan, who was convicted last session in the other Court, and sentenced to seven years' penal servitude—I received him at Wandsworth, on 11th March, 1865, on a sentence of twelve months' imprisonment, for an assault with intent to rob—he was under my notice there, and came out on 26th March, 1866.
The prisoner being undefended, The COURT suggested that there was a ques
tion as to the materiality of the averment that Sullivan was in the House of Correction. MR. METCALFE contended that it went to the prisoner's credit as a witness. The COURT (having consulted MR. JUSTICE WILLES) considered that the averment was material, as it was calculated to have an effect upon the Jury which tried the case; but, as it was desirable to have the opinion of the Court of Criminal Appeal, he would reserve the point.
Prisoner's Defence. I was intoxicated and did not know what I was talking about properly.
GUILTY.— Judgment respited.
581. JOHN DONOVAN (17) and JAMES LOWRY (25) , Burglariously breaking and entering the dwellinghouse of George Reston, and stealing therein a pair of boots and one vest, the property of Theodore Holford, and three towels of the Ecclesiastical Commissioners.
MR. COOPER conducted the Prosecution.
WILLIAM SELLWOOD (Policeman 553 A). On 21st April, after midnight, I was on duty and saw Donovan inside the rails at the end of Whitehall Place—Lowry was on the other side of the rails—I asked Donovan what he did over there—he said he had got over to ease himself—I told him he had no business there, and he went away—I got over the rails, looked at the house, No. 10, and found a pane of glass broken, the window-catch pushed away, and the window open—I put my lamp inside, and saw paper strewed about the room, and then went to No. 12 and found the window broken open in the same way—I caught sight of the prisoners in Parliament Street, and kept some little distance behind them to the foot of Westminster Bridge—I asked them to come back with me—they kept looking at each other as though one meant to run one way, and one another—I secured Donovan, and Lowry went over into Lambeth—I took him on the 28th—I took Donovan to the station—he pulled off two vests, a pair of trousers, and a pair of boots, and three towels—some towels had been taken from No. 10 and 12, and left on the ledge outside—the boots Donovan is now wearing he said belonged to him—they were left at No. 12—I found this box of matches on a writing desk at No. 12.
Lowry. Q. How can you say I am the man? A. Because I saw you and spoke to you—you came back with me twelve or fourteen yards—I swear to your face—the robbery was done about half-past three, it was not daylight then.
GEORGE RESTON . I am office-keeper at 10, Whitehall Place—on 20th April I went to bed about 11.30, having secured the window—there was no pane broken—I identify these three towels (produced)—they are worth about 4d. each—a pane of glass was broken—the towels were taken from that room, which is on the ground floor.
Donovan's Defence. I was coming from Drury Lane. It rained hard; two gentlemen spoke to me, and told me I was wet, and if I would come in they would give me some clothes. They gave me a coat, some boots, and trousers, and when I had put the jacket and waistcoat on, the policeman met me. I thought the gentlemen lived there. I had plenty of opportunity of running away if I had stolen the clothes.
Lowry's Defence. I had been to a free-and-easy party. I went to bed at a quarter to one, and it is my misfortune that no one saw me go into the house. I have nobody to prove that I was in bed.
GUILTY . They were further charged with having been before convicted at Westminster, Donovan in October, 1866, and Lowry in June, 1856, to which they PLEADED GUILTY. DONOVAN— Twelve Months' Imprisonment. LOWRY**— Eighteen Months' Imprisonment.
MESSRS. STRAIGHT and LILLEY conducted the Prosecution, and MR. DOUGLAS the Defence.
WILLIAM ROETTGER . I am a partner in the firm of Roettger and Blewett, foreign merchants, in Southampton Street, Strand—the prisoner was our town traveller—he came about the 27th January, this year, and left about 28th April, saying that he had other employment—we did not owe him anything when he left—it was his duty to collect orders for us—he gave me this order for paper, in February, for Mr. J. Beardon, of 27, Upper Bemerton Street, Islington, for 23l. 8s. 9d.—it is in the prisoner's writing—he represented that Mr. Beardon had given the order through him to me, for the goods—I directed our agents, Messrs. Phillips, Groves, and Phillips, to send these goods to Bemerton Street—on 2nd May, after the prisoner had left, I went to 27, Bemerton Street—I did not find Mr. Beardon there, nor did I find the prisoner there, the first time I called; but I did afterwards—I did not know when this order was given through the prisoner that he lived at Bemerton Street—I have never been able to trace those bales of paper—I believe this order (produced) to be in the prisoner's writing.
Cross-examined. Q. Did you believe, at the time, that it was a genuine order, and have you found out since that it is not? A. Yes; the goods were ordered by the prisoner for Mr. Beardon, and it turned out that Mr. Beardon never received them—the prisoner was not engaged on wages, but on commission—he has had several advances, but he never earned a penny for the firm—there was nothing due to him as commission—he gave his address at Kilburn when he first came—this was one of his first orders—none of the goods he ordered have been paid for.
SARAH HANDS . I am the wife of William Hands, of 27, Upper Bemerton Street, Islington—we let apartments—no person named Beardon lived in our house on 28th March, nor in February, nor at any time since we have lived there—the prisoner came to lodge there at Christmas, and remained till he was taken into custody a fortnight since—he occupied the first floor.
DAVID ATKINS . I am a carman—this order (produced) was given to me to deliver with three bales of paper, which I took one evening, to 27, Upper Bemerton Street, Islington—the door was opened by a female—I asked for Mr. Beardon, and saw the prisoner—I took the paper up stairs, by his directions, to the first floor—I told him there was 3s. charged on the goods, and he said, "All right, bring them up"—I saw him sign J. Beardon—he paid me 3s.
WILLIAM ROBERT MARTIN . I am a clerk to Phillips, Groves, and Phillips, of St. Dunstan's Hill, City—on 31st March we had to clear sixtyfour bales of foreign paper for Roettger and Co.—I cleared it; this is the bill of lading (produced)—on 27th March we had instructions to deliver the different
bales, in consequence of which I delivered three bales to Atkins, with directions to deliver them to Beardon—they were the prosecutor's property—I gave the delivery order to the carman's master.
Cross-examined. Q. Are you sure it was three bales, and not two? A. Three bales.
JAMES MORGAN MAUDE . I am clerk to Phillips, Groves, and Co.—on 28th March, in consequence of directions, I delivered twenty-two bales of paper to a carman, who signed his name, Wright—there were three carts; but one man signed for the lot—I delivered some of the bales to Atkins.
GUILTY .— Five Years' Penal Servitude.
MR. DALY conducted the Prosecution.
CHARLES HORSLEY . I am buyer to Messrs. Morley, warehousemen, of Gutter Lane—on 20th June we had in stock this piece of silk, 853/8 yards, value about 9l. 10s.—I identify it by one or two marks; we had not sold it—The prisoner called several times in July, but never purchased anything—I saw him at the Mansion House about three weeks ago—I did not miss it, but I went and identified it—if it had been sold I should have known it.
CHARLES NEWBURY . I am a butcher, of 81, Hill Street, Walworth Road—I have known the prisoner four years—he came to me on a Saturday night three or four months ago, and bought four duplicates—I lent him 5l., keeping them as security—he said that he was a silk dealer, and business was very bad.
JACOB RUSSEL . I am a pawnbroker, of 307, Walworth Road—I produce this silk—it was pledged on 11th July, 1866, I cannot say who by, for 6l. 6s.—this ticket relates to it—the young man who took it in left in September—I only speak from the ticket, which matches this duplicate.
The COURT considered that it was necessary to prove that the duplicate was given to the person who pledged the silk, and in the absence of such proof directed a verdict of NOT GUILTY .
Prisoner. I plead guilty to the last piece.
MR. DALY conducted (the Prosecution.
JAMES JOSEPH LEA . I am town traveller to Kay and Evans, silk warehousemen, of Old Change—on Saturday, 18th May, I saw the prisoner in the warehouse—he did not tell me what his business was—I missed him out of the room, and next saw him going out at the warehouse door—he had a loose coat on, and I fancied there was something sticking out of it; so I followed him to Friday Street, went behind him, and felt it under his coat—I then touched him on the shoulder, and asked him to come back to see our silk buyer—directly he got into the room he pushed the silk between two bales of silk on the counter—I took it up, and said, "This is what I wanted you to come back for; I have every reason to believe it is my employers'."
Prisoner. That is the piece I plead guilty to.
EDWARD HANCOCK (City Detective). I received the prisoner in charge—I said, "You understand the charge against you is for stealing this piece of silk, and you are also charged with stealing another piece about a month ago when you were here"—he said,"—This is bad enough; I know
nothing about it"—at the station he refused his address—I saw him in the cell on the following Monday week, after the remand, and said, "Since you have been in custody we have found your address; it has been searched, and there are a quantity of things found there; I have also seen Mr. Newbury and Mr. Curry, a butcher and a pawnbroker, of Walworth, and received from them some duplicates which they say you deposited with them as security for money advanced"—he said, "The case looks black against me; I am in the habit of buying tickets, and I must have bought these tickets"—I said, "A piece of that silk I spoke of when I saw you last was found at your lodging, and the duplicate to which I referred relating to silk, the property of Messrs. Arthur, Kay, and Smith"—he said, "I sold it to a man at the European public-house, opposite the Court, with whom I have had many transactions in silk, but I do not know his name and address; it was an understood thing that I should not."
GEORGE FREDERICK BARBER . I am silk buyer to Arthur, Kay, and Evans—Mr. Kay called my attention to the prisoner at the warehouse—this silk is the property of the prosecutors, and is worth about 14l.—I also missed a piece of brown silk with a black stripe on it, which was sold on 30th April, an hour before it was missed from the counter—this other piece of silk (produced) belongs to the firm—we did not miss it till we found the pawn-ticket.
WILLIAM RADCLIFF . I am assistant to Mr. Harris, a pawnbroker, of 4l., Alderigate Street—this ticket (produced) is in my writing—it is in a man's name—I cannot call the prisoner to mind—I took in the silk, and advanced 8l. on it.
COURT. Q. Are you in the habit of taking in unmanufactured silk, without knowing the person who pledges it, and without asking questions? A. I ask questions if I have any doubt in the matter, and I have been able to detect thieves when they do not answer satisfactorily.
Prisoner's Defence. All these tickets came into my hands either by being given to me by other parties, or else I have bought them. I have never been in the habit of pawning silk.
GUILTY .— Twelve Months' Imprisonment.
MR. MATCALFE conducted the Prosecution, and MR. WILLIAMS the Defence.
WILLIAM BLANKBY BULL . I am one of the firm of Bull, Myddleton, and Co., newspaper agents—the prisoner was in our service—it was his duty to deliver certain newspapers in the City and West End—he got a quantity of newspapers in the morning from Paddington Station and Euston Square—he brought a certain quantity of them to Essex Street—I had marked off the names for several days in May, of persons to whom newspapers ought to be delivered—these papers (produced) are directed in my writing—they are dated 18th May—these went into the prisoner's possession from my are dated 18th May—these went into the prisoner's whose names are on them.
Cross-examined. Q. How long has he been in your employ? A. About nine months—we have raised his salary twice—a person named Lamb was in our employment—it was his duty to deliver newspapers also over partially the same ground that the prisoner would go—we have not since
charged Lamb with felony to my knowledge—I have not charged him with stealing corn, nor been present when he was charged—he has been reprimanded for not attending to his duties—he fetched a sack of corn, on one occasion, and he said that a little fell out of the sack, but I believe he gave it away.
JOHN LAMB . I am one of Mr. Bull's boys—on 17th May the prisoner gave me some papers to deliver for him, which he ought to have delivered himself—I delivered them, and also had to deliver some papers which I brought down from Paddington, but I did not do so; he took them away—they belonged to Mr. Bull—my bundle was the biggest and much heavier than his—I saw what he did with thorn that day—I went with him to Mr. Gomm, in Whitecross Street, where he sold them—Mrs. Gomm paid him 1s. 1 1/2 d. for them—he kept the shilling and gave me 1 1/2 d.—on the next day I delivered to him the papers I had, the Birmingham Daily Post, the Birmingham Daily Journal, the Bristol Daily Post, and others—I have not seen any of them since I saw him that day at Moorgate Street Station—I was not delivering papers then—I had just come down by the train—I had some papers with me—he tied them all up in a bundle and sent me to sell them at Mr. Taylor's, in Leadenhall Market—I did so—he did not go with me—they were the Birmingham Post, the Bristol Journal, and Bristol Mercury—I got 2s. 4 1/2 d.—I took the money to him, and he gave mo the 4 1/2 d—he waited for me at the Paddington Street Station—I afterwards told my masters.
Cross-examined. Q. Did you on the 19th go and tell your master what had happened? A. No—I am quite sure it was not me that went to Mr. Gomm's—I have not been charged about some corn—I remember going for a sack of corn—there was a bit spilt, and I gave it to a person who had some fowls—my master blamed me for it—I am still in his service.
GEORGE GOMM . I am a pork butcher, of 68, Whitecross Street—on 17th May I bought 91b. of country newspapers of the prisoner, at 1 1/2 d. a pound, the usual price—these are them—their date is 17th May, but I did not observe that then, as he had them strapped up, and I had not the least suspicion of him.
Cross-examined. Q. What time was it? A. About noon—my wife was serving in the shop; she is not here—I had never seen the prisoner before—I did not take much notice of the newspapers, as I was very busy.
COURT. Q. You are quite sure it was not the little boy? A. No, it was the prisoner, he had on the same waistcoat as he has now.
The prisoner received a good character.
GUILTY .— Six Months' Imprisonment ,
MR. M. WILLIAMS conducted the Prosecution.
WILLIAM DOUGLAS . I live at 9, Catherine Street, Islington—on 2nd June, just after twelve at night, I was near the Metropolitan railway station, and noticed three men and a woman near the kerb—two of the men had light overcoats on—they hustled me—I pushed them off, buttoned my coat, and went on—they came after me, and said, "What did you hit me for?"—another said, "What did you hit the man for?"—I turned and faced them, and was struck in the mouth, which made my lips bleed; and directly afterwards I was struck in the eye by another man—I had two or three blows more in the face, and my watch was snatched and taken away, with
a locket and an old sixpence and part of the guard—it was a man that took it—I could not state who they were, they ran off, and a Hansom cab intercepted my view—I followed as quick as I could, and found Valentine in custody, with this light overcoat on her arm.
GEORGE ASH . I am a tailor, of 13 1/2, Shoe Lane, City—I was going home, and saw the prosecutor followed by three men—they struck him two or three times about the face, and said, "What did you insult us for?"—two of them had light coats, and the tallest of the three made a snatch at the watch; and the instant he took it, he took off his coat and handed it to the woman, saying, "Take my coat"—he threw it into her arms, and went off towards Holborn Hill—I followed them a good distance—they turned round to come back again, and I ran for a constable—he came and stopped Valentine with the coat—I recognised her immediately—I am unable to speak to the others.
Valentine. Q. Did you say, "Where did you get that coat from?" A. No—I am certain you are woman who had the coat—the policeman, Banger, did not tell me to say you were the woman to whom the coat was given.
Kennedy. Q. Was I there? A. From appearance I should judge it was you; as soon as the coat was thrown off, your appearance would be altered.
HENRY WALTON BARTON (City Policeman 178). About half-past twelve on Saturday night, I saw a man by the side of the female prisoner—he pulled off this coat and gave it to her, saying, "Take this," and went away directly—she rolled it round her arm—I kept behind her and made a communication to another constable—I am certain the prisoner is the man who took the coat off—Valentine was taken—I attended the police-court while she was under examination.
Valentine. Q. Are you the policeman who stopped me with the gentleman? A. No, I did not take you when you had the coat, because you ran away.
GEORGE RANGER (Policeman 199 G). I was outside Clerkenwell Policestation last Monday morning—I had had a description of Kennedy—I saw him there and took him into custody—he said he knew nothing about it, he worked hard for his living.
EDWIN POOLE (City Policeman 330). On Saturday night, a little after twelve, I stopped Valentine, and asked what she had under her shawl—she said a coat which a gentleman threw off, which she picked up.
Valentine's Defence, I know who the man were who committed the robbery. I do not know whether they have been apprehended or not. I know them well by-description. I dare say Jones, the policeman, has been told by my mother who they are. I am not the woman concerned in it.
Kennedy's Defence. I am as innocent as a baby.
GUILTY . They were both farther charged with having been before convicted, Valentine at Clerkenwell in August, 1861, and Kennedy at Marylebone in October, 1863, to which they PLEADED GUILTY. VALENTINE— Seven Years' Penal Servitude , KENNEDY**— Eighteen Months' Imprisonment ,
MR. PATER conducted the Prosecution, and MR. WILLIAMS The Defence,
WILLIAM BROWN . I am a porter, and live at 34, Whiskin Street, Clerkenwell—on Sunday night, 2nd June, about 11.30, I was in Percival Street, Clerkenwell, and received a blow on the back of my head from behind—my hat was knocked off; I picked it up, but before I put it on I was thrust against the rails by a mob of five or six, and my silver watch and gold chain were taken; a signal was given and they made off to the corner of King Street—my watch cost 6l. 10s.—I ran after them and gave an alarm—the prisoners are two who were in the mob—a piece of my chain was picked up in the street.
Cross-examined. Q. How many men ran away? A. Two—a person running up Goswell Street could turn into Percival Street.
MR. PATER. Q. Did you lose sight of the prisoners? A. No—they were taken round the corner; but there is a large space of unoccupied ground there, so that there was nothing to prevent my seeing them.
LIBORIO PEDRAZOLLI . I am a carver and gilder, of 50, Percival Street, Clerkenwell—I was talking to two friends at my door, and heard blows, I looked out and saw Brown over the way—I saw him pick up his hat, and heard him call, "Stop thief"—I saw the prisoners running in front, and others behind—I turned back to King Street, and went back and checked them, and said, "What did you run for?"—I followed them, and a policeman stopped them—Brown was five or six yards behind them.
Cross-examined. Q. From Percival Street to King Street, have you to turn a corner? A. Yes.
JOSEPH ADAMS (Policeman 120 G). I heard a cry of "Stop thief," and saw the prisoners; the last witness checked them—I turned my light on and said, "What are you running for?"—they said, "We heard a cry of stop thief, and were giving chase;" but they were running just in front of the prosecutor—I saw two others immediately behind them—there were about nine altogether—I found a piece of chain in Percival Street, which was identified by Brown, also a compass.
Cross-examined. Q. How far is it from the place where you picked up the chain, that you took them in custody? A. fifty yards; there was nothing to intercept the view.
GUILTY .— Nine Months' Imprisonment each.
THIRD COURT.—Thursday, June 13th, 1867.
Before Mr. Common Serjeant.
MR. F. H. LEWIS conducted the Prosecution,
FREDERICK BENJAMIN . I am a money-changer in the Poultry—the prisoner was my confidential and only clerk—it was my custom about half-past four each day to send money from my establishment to the bank, and to receive it back in the morning through the prisoner shortly after nine—on the afternoon of 8th May I and the prisoner counted the Napoleons—his counting agreed with mine—he took those Napoleons in the afternoon to the bank in a box—he had a key of that box, and I also had a key, but no one else—on 9th May I arrived at the Poultry about twenty minutes past nine—all the gold was in the window, as if it had been counted, and the prisoner was just counting a little silver—he could not have counted it in the time—the money is usually placed in the window about ten o'clock—I sent the prisoner to the bank to see if some drafts had been paid, and while he was gone I counted the Napoleons, and found three and a quarter short—when he returned I asked him to count them and tell me what he made them; he made them three and a quarter short, and I asked him how he accounted for it—he said he could not say, he did not know, but after thinking one or two minutes he said, "Oh! I know of three"—I said, "What do you mean? you know of three?"—he said, "I sold three this morning"—I said, "Where is the money for them"—"Oh!" he said, "it is all right; I sold them to a friend of mine"—I said, "What do you mean, a friend of yours? you have no right to sell any things to a friend of yours,"—he said, "It is all right, he will bring it round in the course of the morning or afternoon"—I asked him who this friend was, and he said, "A person named Evans, of Throgmorton Street"—I said, "I shall go round and ask him for the money"—the prisoner turned very pale, and said, "For God's sake don't"—I said, "What do you mean?"—lie said, "I will get it myself, it is all right"—I said, "Excuse me, I wish to see this Mr. Evans"—he begged of me two or three times not to go, and then said, "I must tell you that I have told a lie; the fact is that the day before yesterday, when you were absent, your brother came in, and I asked him to remain while I went over the way to get something to eat, and when I returned I found three missing, they were right before"—I told him I knew they were right the night before, and that I should go for my brother—he said, "I will go for him, let me go"—I said I would go myself—he is employed by Mr. Michael Abrahams, in the Old Jewry—I fetched him and brought him face to face with the prisoner and said, "Now what have you got to say?"—he could not say anything, and I gave him in charge.
Prisoner. Q. Did you count them on the previous evening? A. Yes—I do not recollect being outside talking to my uncle about the ventilation of the office—I kept twenty-five out on Thursday evening—I forget how many I sold that evening—I cannot say how many I took home, nor how many I brought back—I have no reason to suspect my brother's character—I do not know of any letter written by him to you, asking for 3l., because he had misappropriated some money—I did not ask you to hand the letter over to send it to his father—I swear that—I had from five to six years' reference with you, and you have been nearly two years with me—I told you I had no wish to punish you more than to vindicate my brother's character—it is a trifling amount, but I had suspected you for some time.
MR. LEWIS. Q. Is there the remotest pretence for saying that your brother took 3l.? A. This is the first time I ever heard of it.
GUILTY. Recommended to mercy. — Four Months' Imprisonment.
MR. STARLING conducted the Prosecution, and MR. WILLIAMS the Defence.
FRANK FLETCHER . I am a butcher at Wimbledon—I have employed Nye three or four years as porter in Newgate Market—on 22nd April I purchased sixteen carcases of Scotch sheep—they averaged about 7 1/2 stone—I gave the ticket to Nye to receive them.
Cross-examined. Q. Have you entrusted him with goods to a large amount? A. Yes—he has been employed twenty years in the market—his duties would not cease until the goods had gone out of the market—my man Hillyer would have charge of the cart—I do not know Haslop by name.
WILLIAM HILLYER . I am in Mr. Fletcher's employ—on Monday afternoon, 22nd April, I went with his cart to Newgate Market—I helped Nye to load sixteen carcases of Scotch sheep—I then asked Nye to take charge of the cart whilst I went to have something to eat; he said, "All right; you go and have a dinner; I will mind the cart"—I left it in his charge—I was away about a quarter of an hour, and when I returned I could not find Nye or the cart—I afterwards found Nye in a public-house—I said, "Where is the cart?"—ho said, "I thought you had taken it away"—I said, "You could not have thought that, because you promised to mind it until I returned"—we both went to look after it, but could not find it.
Cross-examined. Q. Where was the cart left? A. In the square of the market—I did not go further away than about the length of this Court—Nye afterwards went to the police-station to give information.
MR. STARLING. Q. How far did he go with you before he suggested going to the station? A. About a mile—we went over Blackfriars Bridge.
COURT. Q. Would that have been in the direction in which you would have driven home? A. Yes—this was about five in the afternoon.
JAMES CLARKE . I am a butcher, in the employment of Messrs. Lee and Covil, of Leadenhall Market, meat salesmen—about 7 a.m. on 23rd April Wheeton brought us eight carcases of sheep and two pairs of mutton—they were Scotch sheep, and weighed about seven and a half stone—he booked them for sale in the name of Haslop—they were sold.
ARTHUR TROVE . I am clerk, in the employment of Messrs. Lee and Covil—on the morning of 23rd April, some men brought eight sheep and one pair of mutton to our place to be sold—they were booked in the name of Haslop—about eleven the same day I wrote out this cheque, for 13l. 13s. 8d. (produced)—it is crossed, payable to J. Haslop—I gave it to a man who said his name was Haslop.
Cross-examined. Q. Have you seen that man since? A. Yes, twice—he came back on the same day for a cheque that was not crossed, in exchange for the one I had given him—I refused to give it.
—I know Nye—about four p.m. on 23rd April Nye brought me a cheque—I believe this is it—lie asked me to cash it for him; I told him I could not do it, as I did not know the names of the parties attached to it—I told him if he would leave it with me I would pass it through my bankers, and if it was paid I would give him the money—after that he asked me to advance 1l. upon it, which I did—the next day he called again with another person, who he said had a child to bury, and he wanted particularly the money; I told him I could not let him have that without I ascertained whether it was correct or not; then he asked me to let him have 2l. to bury the child—I lent the 2l. and they went away—I do not know which of them took it up—I did not see Nye again until he was in custody.
Cross-examined. Q. You knew Nye as a customer? A. Yes, and I knew he was employed in the market—he consented to leave the cheque with me.
ENOCH EMMERY (Policeman 653). I took Nye on 26th April—I asked him how he came in possession of the cheque he had asked Mr. Gurney to cash—he said, "I never had a cheque; I never asked Mr. Gurney to cash one"—at the station the charge was read over to him, and then he said, "I had the cheque; it is the first I ever had, and I asked Mr. Gurney to cash it"—he also said, "A man I do not know gave it to me; but he goes by the name of Jack or Joe"
Cross-examined. Q. Have you inquired about Jack or Joe? A. I have—I have had a description of a man named Haslop—I have not succeeded in taking him yet.
COURT to FRANK FLETCHER. Q. What time was it you gave the delivery note to Nye? A. About half-past seven in the morning.
NYE— NOT GUILTY .
MR. STRAIGHT conducted the Prosecution and MR. COOKE the Defence.
NOT GUILTY .
594. JOHN BENNETT (17) and JOHN MATHEWS (16) , burglariously breaking and entering the dwelling house of Isabella Gillingham, and stealing therein ten teaspoons, and other articles, her property, to which BENNETT PLEADED GUILTY .— Nine Months' Imprisonment.
MR. HORRY conducted the Prosecution.
ISABELLA GILLINGHAM . I am a widow, and keep the house, No. 31, Colebrook Terrace, Islington—about half-past eleven on the night of 16th May I left my kitchen quite safe—the window was fastened—I left ten spoons, twelve pocket handkerchiefs, a nightshirt, and other articles in the kitchen—these (produced) I recognise as some of the property—between four and five next morning I was disturbed by the police—I went into the kitchen and missed the property I had left there the night before—the window was partly open—my house is in the parish of St. Mary, Islington.
JAMES WADE (Policeman 306 N). On the morning of 17th May I was on duty in Colebrook Row—I saw a lad get over the railings of No. 31, Colebrook Terrace—I went after him, but could not catch him—I returned to No. 31, and called Mrs. Gillingham up—we went into the kitchen, the front of which was open—I found a bundle in the area—I cannot identify either of the prisoners.
was on duty in the Essex Road—my attention was called to a night shirt by a man who keeps an unredeemed pledge shop—I took possession of it—about half-past seven the same evening I was in King Edward Street, and saw the two prisoners—I followed them to 27, Parkfield Street—they went in with a key—I knocked at the door, and the landlady let me in—I went to the first floor back room, and found the prisoners there—I told them I was a constable, and should take them in custody for having a shirt in their possession, and offering it for sale that morning—I cautioned them, and Mathews said he should be able to clear himself; Bennett said he knew all about it—on the way to the station Bennett said there was another boy, named Corkscrew, with him at the time, and that Matthews was keeping watch outside for the police—I believe Matthews heard that, but he made no reply—I searched Bennett, and found this pocket handkerchief (produced)—I returned to their rooms, and found some teaspoons, three forks, and other articles—I received twelve handkerchiefs from a pawnbroker in the Upper Street.
Matthews produced a written defence, stating that he was a reading boy on he Morning Advertiser, and did not get home before Jive in the morning; that when he reached home on the morning in question, Bennett told him that he had dropped a shilling down an area in Colebrook Terrace, and that the people refused to give it to him; that he went there with Bennett, and on their way met a boy named Corkscrew, and when they got to the house Bennett asked him to watch for the police, which he did, having no idea that their intention was to rob the place; he took no part in the robbery, and did not share in the proceeds.
Witness for the Defence.
JOHN BENNETT (the prisoner). I have pleaded guilty to this charge—Matthews had nothing at all to do with it, no more than I asked him to watch—he did not know what we were going to do—I have heard his statement read—it is quite correct. MATHEWS— NOT GUILTY .
MESSRS. DALY and MACAFEE conducted the Prosecution; MR. WILLIAMS defended Hall.
FREDERICK LEAF . I am a publican, and keep the Holywell, Shoreditch—on 'the night of the Reform Meeting in Hyde Park, I closed my house at ten minutes to one—the prisoners came and wanted to be served—I said it was too late, and I could not serve any more, and refused to let them in—while the potman was closing the doors they kicked and abused him—after the door was bolted they forced it open, and between twenty and thirty of the mob got in—the prisoners were amongst them, and they turned on the taps, broke the glasses, and stole 25s. out of the till—spirits were emptied out of the decanters—Courts attempted to get over the bar and turn on the taps—she was the first one I saw that attempted to do that—I saw Smith and Hall stealing the money from the till—there were four or fire at the till, but the two prisoners were there—there were four prisoners at the police-court, but one of them was sentenced to two months by the Magistrate—I did not see either of the prisoners get over the
counter—I estimate the damage at 25l.—I cried out for assistance, but no one helped me—at lost a militia man came up and assisted.
Cross-examined. Q. How many do you suppose came in when the doors were forced open? A. Perhaps twelve or fifteen—the militia man sounded his bugle, and they all ran away—there were as many as forty there at one time.
JAMES BLOY . I live at 165, Shoreditch, and am potman to the last witness—on the morning of this disturbance, as I was closing the doors, Courts and seven or eight men wanted to come in; I refused to let them in—one of them struck me in the face, and Courts turned her sleeves up and struck me several times—I do not recognise either of the male prisoners—I was kicked in the private parts by some one—I called to the governor to give me a stick, which he did, and I closed the door and bolted it top and bottom—the woman who was inside threw a glass at me—there were four or five others inside—I could not get them all out—I went up stairs and sprung a rattle out of the window—I came down stairs, Courts was there, and the doors were open—there was a great deal of glass broken, and the spirits were running about—the till had been robbed—some special constable came and the people went away—I did not not hear any one blow a bugle.
Smith to FREDERICK LEAF. Q. Do you say you saw my hand in the till? A. Yes—I did not say at Worship Street I could not recognise anybody's hand. (The witness's depositions stated, "I cannot say whose hand was in the till, but about 20s. in silver was taken.")
COURT. Q. Are you sure that you recognise him as one of the persons that had his hand in the till? A. Yes—I did not say so before the Magistrate, because they asked me to recognise them all.
HENRY SIMS . I a bugler in the King's Own Tower Hamlets—between twelve and one on the morning in question I was passing the Holy well—there was a crowd outside, and I heard cries of "Police!" "Murder!" and "Thieves!"—I was in full regimentals—I sounded the "assembly"—I did 'not see any special constables—I saw Courts bleeding, and Smith was inside the house—glasses were thrown about, and everything they could catch hold of was damaged—I did not see any one at the till—there were thirty or forty people inside—I did not see how Courts got hurt.
NOT GUILTY .
FREDERICK LEAF . (This witness's evidence in the former case was read.) That is all true—Hall threw glasses at me, and then put his hand in the till—the doors and shutters were burst in and broken—I did not see Smith do anything except rob the till—I had 6l. or 7l. worth of glass broken.
Courts. Q. Why did you not give me in charge when I returned from the hospital? A. Because there was not a policeman near—I am sure you turned on the taps—I lost twenty or thirty quarts of spirits.
HALL and SMITH— NOT GUILTY . COURTS— GUILTY .**— Twelve Months' Imprisonment.
MESSRS. STRAIGHT and DOUGLAS conducted the Prosecution.
NOT GUILTY .
NEW COURT.—Friday, June 14th, 1867.
Before Mr. Recorder.
MR. SERJEANT BALLANTINE, with MESSRS. SLEIGH and LEWIS, conducted the Prosecution, and MR. KEANE, Q.C., the Defence.
RICHARD PRICE . I am foreman to Mr. Bowater, a tailor, of Hanover Street, who employs a large number of men—the prisoner Jelly was in his employment for about three years until the strike took place, which was, I think, seven weeks ago last Monday—Hall was in Mr. Bowater's employ three weeks or a month previous to the same date—they both left at the same time—since the strike I have frequently seen them in Hanover Street speaking together, numbers assembled there conversing with each other, and as we were taking the work in connection with other members of the establishment, we were followed by them and a number of others—when people came away from the establishment they were followed in a very strict manner by these men, who have been picketing us; they are very clever in following—on the Friday, about eleven o'clock, Mrs. Rattenbury, the wife of John Rattenbury, an engineer, of Middleton Buildings, was working for Mr. Bowater as a tailoress—I have been to her lodgings several times, followed by other people not in custody, who I have seen working on the board with the defendants as fellow-workmen, and who I have frequently seen with them watching the premises in Hanover Street—on Tuesday, 7th May, I went to Mr. Rattenbury's lodgings and found the prisoners inside on the first landing—I went up and saw Mrs. Rattenbury at the door of the room where she was working—she said, "Mr. Price, am I to be pestered with these men in this manner?"—I said, "No, I shall go for a policeman"—I hastened down, but could not find one—the prisoners were speaking to Mrs. Rattenbury, discussing the points, and she was very agitated—on my going down for a policeman they left her very quickly.
Cross-examined. Q. Have you told us, as far as your memory serves, all that took place when you were on the stairs? A. As near as possible—I am rather deaf—the basis of the strike related to the fixing or endeavouring to fix the rate of wages or remuneration at which the workmen or any of them should work—the dispute further went on to the alteration of the hours of labour.
MARGARET RATTENBURY . I am the wife of James Rattenbury, an engineer, and have worked as a tailoress for ten years, but only three months for Mr. Bowater—I also worked for other houses in the trade; that is my only mode of gaining a livelihood; my husband has not earned anything for seven months, and is not able to work now, and I have two children—on 1st May I was working for Mr. Bowater—I was aware that there had been a strike—I was still willing to work for him—I had work on my premises on 1st May—on that day Jelly and three others came to my street door—I did not know him before—I answered the door, and Jelly said, "There is a tailor living in the house"—I said, "No, there is a tailoress, and that is me"—he said, "We have watched you home from Mr. Bowater's with a bundle"—I said, "Yes"—he asked me if it was a coat I had brought away—I told him no—he said, did not I think it
would be better to give up the work until this affair was over?—I told him, no; that I could not live without money—he said, "We do not wish you to live without money; if you will come to Willis's Rooms, in Brewer Street, to-night at eight o'clock and sign your name, we will give you 15s. a week"—(I can earn 30s. sometimes by my own hand labour)—I told him I would think about it—on the following Monday Jelly and three others came again—I cannot say whether they were ail the same, but two were the same—Jelly said that my husband must not think they were going to let me do as I liked, and work for who I liked; they would see about that, and if I did insist on working for Mr. Bowater, they would mark me—my husband told me that if they threatened me or and one he would lock them up—I went down stairs and shut the door—I was afraid they would hit my husband, who was in a bad state of health, therefore I pulled him in and shut the door—he is almost in the last stage of consumption—after the door was shut, some of them said that if they knew the room' I lived in they would break the windows—they also called me a b—sh—next day the prisoners came, they were alone; when they came to my room door, which is on the first floor, I opened the door and asked them what they wanted again—Jelly said that he had come again to persuade me to give up the work—I told him I should not, as I had my husband and two children to keep—he said he would give me 1l. a week if I would join the Union, and Mr. Hall argued with me as to the benefit of the strike, and wished me to give up the work and join them—I said, "No, I will not," and that I was satisfied with the payment I got—they said that Mr. Bowater had betrayed them, and he would betray me and if I still kept on with the work the consequence would recoil on my own head—Hall said that—Mr. Price, our foreman, then came in—he went for a policeman and they left—my work was ready to take home, but I did not take it home that morning—it was my custom to take it home when it was finished—I am paid weekly, but I should have had other work given me if I had taken that home—I did not take it home, because after their threatening manner, and saying that they would mark me, I was afraid that some of them would strike me—I was not afraid that the prisoners, when they were speaking to me, would do me any injury, because they were not so noisy, but I was afraid that some one or the prisoners might strike me if I went into the street.
Cross-examined. Q. Did they point out to you that if the masters persisted, all the workmen would be at their mercy? A. Yes, and that the consequence would fall upon me—they said that on Monday—they were most abusive on Monday—that was not said to me; it was said outside the door—I did not know the prisoners before—they were arguing with my husband, not in a very peaceable manner, to a man who is nearly dead—they did not threaten him—they threatened me by saying they would mark me, and I am afraid to go out at night for fear they should hit me, they are quite cowardly enough, when four come to abuse a poor woman—I cannot say who it was that used the indecent language—what they said they might have said in a more peaceable manner—they told me they had been willing to submit the matter to arbitration, but the masters would not—they did not tell me that Vice-Chancellor Malins had offered to be the arbitrator.
me if we were going to leave off work—I told them no, and that it was no good coming any more, for my wife did not intend giving up the work, and then, in an insulting tone, he said, "Do you think we are going to allow your wife to do as you like?" and another said, "I will mark you and your wife, and the house, too, every time I come by there"—my wife came and shut the door, and then they called us b—sh—s, and said they would break the windows—my wife had finished her work that evening, but was afraid to take it home.
Cross-examined. Q. Who said, "Do you think we are going to let you wife do as she likes?" A. A foreigner and Jelly, they both spoke with one another—they had had no conversation before that day on the subject of my wife joining them—they spoke about it that day, and I told them it was no good their speaking any more about it—they said they would mark my wife and the house, every time they passed, but they never did anything to her or the house—the house is not mine, I lodge in a portion of it—they know that, but they did not know which portion—there are different bells for the different occupiers, so that any one could see that it was more than one family—neither Hall nor Jelly said to my wife, "Will you, according to promise last Thursday, come and speak with our committee?"—Hall was not there—I was not there when any one said to my wife, "If any of our men have been guilty of misconduct, come to our committee-room, point them out, and I will immediately report them to the executive."
MR. KEANE to MRS. RATTENBURY. Q. Did Hall say to you, "Will you, according to promise on last Thursday, come and speak to our committee? A. No, not at any time, nor did Jelly—I complained to Hall and Jelly that some of the men on strike had been rude to me, and Hall used these words to me the last time, "If any of our men have been guilty of misconduct, come to our committee-room, point them out, and I will immediately report them to the executive"—he also said, "If you are a good tailoress you will not be able to find employment in an honourable way, no matter whether there is a strike or not"—I said, "I have been recommended by a lady, who has supported me and my husband all the winter, to work for Mr. Bowater, and I cannot join you"—I do not recollect his saying, "Then do not throw a kindness in the face of your friends"—he said, "Bear in mind we are working for the general benefit of our trade; if you join us we will secure you 1l. a week; if we fail in the strike, we shall, like you, be dependent upon charity"—I did not say, "If you win the strike, what am I to do?"—Hall said something like this, "If the masters win, you will be served as I have often seen persons; our masters, when it is settled, will throw you overboard, therefore the consequence will recoil on your own head."
MR. SERJEANT BALLANTINE. Q. He argued with you at considerable length? A. Yes; it was after I had declined to yield to his arguments that he said that the consequences must recoil upon me.
DUNCAN YOUNG . I live in the same house with Mr. and Mrs. Ratten Dury—before Mr. Price came up I heard the prisoners speaking to Mrs. Rattenbury on the landing; I was standing behind her—they were very reasonable in their tone of voice towards the end, but they were very loud at first—I heard all they said—the little girl called when they came, and Mrs. Rattenbury went to the door and asked what they wanted now—they said that they had come to see if she would give up the work.
her to leave the work and go and join the union—there was no noise outside, only loud talking.
The COURT considered that there was nothing to convict Hall with any attempt to intimidate or to molest. HALL— NOT GUILTY . JELLY— GUILTY of conspiring with others to intimidate. Recommended to mercy by the Jury. MR. KEANE tendered a bill of exceptions. MR. SERJEANT BALLANTINE contended that this could not be done in a criminal case, and that, although Lord Campbell once signed one, he afterwards altered his opinion on consulting the other Judges. THE COURT (having consulted MR. JUSTICE WILLES) considered that the bill of exceptions could not be received; that, although then was no objection to the Court signing it, the Court was bound to pass sentence at once, and, further, that there could not be any question raised upon that ruling. Six Months' Imprisonment.
MR. SERJEANT BALLANTINE and MR. LEWIS conducted the Prosecution, and MR. KEANE, Q.C., the Defence.
JOSEPH FRITZ . I am foreman to Mr. Wolmershausen, a tailor, of 47 and 48, Halfmoon Street—the prisoner was in his employment—shortly after the strike, I saw him in Halfmoon Street with others, some of whom had also been in my master's employment and some had not—he was following the men, one of our men especially, who was willing to work, and did work in spite of all—I saw him doing so once, and I followed, to see what he was going to do.
Cross-examined. Q. Then, in point of fact, you followed him? A. Yes, and he was following somebody—he gave the picketing into other hands—he spoke to other men to follow—I did not hear him say anything, but I followed those men afterwards and spoke to this man, and then the prisoner turned back and the other men followed him, the same as he did and as I had been doing—I followed the man to see that they did him no personal violence—the prisoner did not do him any personal violence, he did not follow far.
MR. SERJEANT BALLANTINE. Q. Did he follow to Albemarle Street? A. Yes, and then other people took up his duty.
CHRISTIANA VERBAUM . I am the wife of Alexander Verbaum, who has been nearly five years in Mr. Wolmershausen's employ—he was foreman, but afterwards he did work, not in my place, but in another place—on 2nd May I was at 7, Sherwood Street, Golden Lane—I heard the bell ring and locked my room-door—I went outside and found some men on the staircase, the prisoner is one of them—he said that my husband was no man, and they would strike against him when the strike was over—they said, "We strike against him"—after that they asked me to open the door and I did, and he wanted to know whether my husband was in or not—they saw that he was not there; they looked into the cupboard, and I said, "You can look under the bed, too; my husband is not in"—my friend opened the cupboard door—they went down stairs and made a very noise—the prisoner said twice that he would knock my husband down, on which I held up my finger and said that there was a lady up stairs—they then made a noise on
the stairs and went away—I have not fetched work home, because my husband has had no work in the place for a year and a half—we left the house on the Monday or Tuesday after that, and went to live at 15, Stanley Place, Pimlico—we had not been going to move before these people came.
Cross-examined. Q. What did Geary say about knocking your husband down? A. He said it twice on the staircase, "I knock your husband down"—my friend, Mrs. Lamb, was then up stairs—I do not know Francis Carr; I never heard the name—this was on 2nd May, about five in the afternoon—Mr. Carr is my landlord—I did not see him there or anybody else—the staircase goes up higher than where I was standing—any person on the staircase could hear what I said, and what was said to me—when they first spoke to me I did not laugh—I let Mr. Geary in, and said, "You may go and look under the bed"—when he came out he said, "I will knock your husband down"—I do not know who else was near enough to hear that—Mary Brand was there—I do not know whether she was near enough to hear that, or to hear what I said—Geary said that the society would strike against my husband, not strike him off their books—I did not hear him say, "Strike against him"—I know the name of William Juman, but I saw him not—when Geary said, "I will knock your husband down," I said, "I have a lady up stairs, take notice what you say"—Mrs. Lamb heard that.
ELIZABETH LAMB . I live in the same house as Mrs. Vicerlon lived in on 2nd May—I was in the room when Geary and others came—I heard a noise on the stairs, and heard her say, "If you won't be so noisy I will open the door for you"—she opened it, and the prisoner and another man came into the room—Geary said, "Open the door," and I opened the cupboard door—he said, "Mr. Fritz is no man"—I went, by Mrs. Fritz's directions, to Mr. Verbaum and said something to him.
Cross-examined. Q. Whereabouts were you when they got to the top of the staircase? A. In Mr. Fritz's room—I do not know the other man—I did not hear anybody talk about knocking down—when Geary went out I went out and stood on the staircase—I did not hear Geary say anything, but I heard Mrs. Fritz say, "Here is a lady who takes notice of what you say"—I did not hear the answer to that—that was all I heard—I heard nothing about striking off the rolls or off the books.
COURT. Q. Did you hear anything said about Mr. Fritz being no man? A. Yes.
ALEXANDER VERBAUM . I have been in Mr. Wolmershausen's employ some years, first as workman, and for the last year and a half as foreman—when the strike took place I was obliged to sit down and teach new men to work, and to work myself—I desired to continue working—after a communication was made to me I was obliged to leave my place of residence, because I was very frightened.
Cross-examined. Q. What frightened you? A. That the men would knock me down; a man told my wife that he would do so—when you get a couple of dozen men against you must be frightened—they did not molest me, because I took too much notice of it—this was 2nd May, the strike had been in existence then, I think, a week—I am not quite sure.
The COURT considered the case of conspiracy very slight, upon which MR. SERGEANT BALLANTINE stated that he would not press the case.
NOT GUILTY .
THIRD COURT.—Friday, June 14th, 1867.
Before Mr. Common Serjeant.
MR. BESLEY conducted the Prosecution, and MR. DALY the Defence.
GEORGE WICKENS . I am an oilman, of Brixton—previous to 6th March lowed Mr. Anderson 2l. 15s., and on that day the prisoner called upon me for the money—I paid him, and he gave me this receipt (produced).
MARY ANN GRESHAM . I am the wife of Thomas Gresham, of 2, Kenton Road, South Hackney, decorator—I attend to the business—previous to 12th March he owed David Anderson and Son 3l. 13s., and on that day the prisoner called and I paid him—he gave me a receipt.
Cross-examined. Q. Do you know a person named Robinson an oil and colourman in the Bethnal Green Road? Q. I have had goods from him, white lead and oil—my husband was introduced to Robinson by the prisoner.
EDWARD NICHOLS . I am a dealer in building materials, of 1l., Marley Terrace, Wick Road, Hackney—previous to 14th March I owed David Anderson and Son 9l. 5s. for goods supplied—on that day I paid the prisoner 2l. off that amount—he signed this receipt (produced).
HENRY DUNN . I am manager of the London business of Mr. James Anderson, who trades under the style of David Anderson and Son—he manages the manufactory at Belfast—I knew the prisoner when he was traveller for Smith and Co.—they Were customers of ours—I advertised in June, 1866, for a traveller, and, amongst others, the prisoner applied by letter for the situation—he came to Billiter Street and saw Mr. James Anderson, who was in London—he had a private conversation with him—I was then called in, and the terms of the engagement were stated to me; he was to have 150l. a year and reasonable expenses, and to be their sole servant as town traveller for London and suburbs—he assented to that, and entered into the employment a week or a fortnight afterwards—I asked him how he wished to receive his salary, and he said weekly—this is the book (produced) in which his salary was regularly entered—die last date I have is 30th March, and I discharged him on 2nd April—he collected the accounts, and it was his duty to account to me for such sums as he had received the next time he saw me—these are the tickets (produced) that he hands over to me when he receives the money—all these moneys he has paid over—I copied those tickets into this memorandum cash book (produced)—he did not hand over to me the 2l. 15s. Received from Mr. Wickens, nor the 3l. 13s. received from Mrs. Gresham, nor the 2l. received from Mr. Nichols—up to the time of his discharge he gave me no information as to the receipt of those moneys—this is his expenses book (produced)—it is in his writing—I have never disallowed any of his charges—during the time he was with us his expenses averaged 16s. 5d. A week, but that includes three or four weeks' expenses in the country, which would be higher, but, excepting that, his expenses would average 10s.—I may have demurred to some of the expenses, but I never deducted any—that was more than we had allowed other travellers—the accounts go out from Billiter Street.
Cross-examined. Q. Have you any commission, or are you paid by salary only? A. I am paid by salary, and my commission is one per cent.
bonus—when Mr. Anderson is in London he never transacts business without my assistance—he hired the prisoner at my recommendation—I was not in the room when he was engaged, simply because I thought it better that they should speak to each other—I was told afterwards what had passed—they were together for half an hour—the details of the arrangement were left to me—I do not know whether Anderson was in London when Dean commenced his duties—the prisoner had told me before he saw Mr. Anderson that his terms were 150l. a year—I am not at all connected in business with a man named Robinson—I have never done business with him—I have said something to the prisoner about doing business with Robinson, but not while he was in the employ of David Anderson and Son, it was while he was in Smith's employ—I introduced him to Robinson, telling him that I knew nothing about Robinson, but that he seemed a likely person to suit him in his business—I had no interest whatever in Robinson's business—I and Robinson were fellow-servants—I have not the least idea whether Robinson owed Dean any money—the prisoner used to go to the suburbs, and to Hertford and Ware—he went to a few places in the home counties—I am not aware that I have ever perused these diaries (produced) before—here is an entry on 18th September, "Railway to Belvidere and Gravesend, and expenses thereat, 5s. 4d."—his expenses would not be more than that; you can go there and back by railway for 2s. 6d.—the entry on the 19th is, "Expenses to Camberwell, Walworth, Battersea, and Chelsea, 2s. 6d."—this is his expense book, and is in his own writing—I may have demurred to some of his charges, but his expenses were always allowed—I never had anything to do with the prisoner's diaries, they were never produced to me—the prisoner had a certain discretion in treating and giving little douceurs to servants—the firm took a promissory note from the prisoner for 53l. odd—he had no business to pay any expenses, out of the moneys he received on account of the firm; he was always at liberty to ask me for expenses whenever he thought proper, and he frequently did so—he may have deducted his expenses from accounts received, once or twice, but I objected to it—I am not prepared to say when that was—it was not more than once or twice—I wrote this letter (produced) to the prisoner, dismissing him—after I had dismissed him I found these sums out—I consider him a man of great energy—I did not know he had been ill since 1st April.
MR. BESLEY. Q. Previous to the 50l. bill being given, did he write this letter? (produced). A. Yes—he did not make any demand upon me up to 2nd April on the ground of expenses not being properly allowed—after that letter of January, 1867, the whole of the accounts were made up to 4th February, and the engagement was continued—he was suspended from 3rd or 4th January to 4th February.
MR. DALY. Q. Do not your firm sometimes give douceurs of as much as 5l.? A. We did give 5l. once—he had authority to pay that—Mr. Anderson was aware of that.
COURT. Q. When the prisoner accounted on 7th March did he mention anything about the 2l. 15s.? A. He did not.
The Prisoner's Statement before the Magistrate:—"I wish to say I am entirely innocent of embezzling any money, which I shall be able to explain fully at the trial."
GUILTY. Strongly recommended to mercy by the Jury, on account of his previous good character. — Nine Months' Imprisonment.
FOURTH COURT.—Friday, June 14th, 1867.
Before Robert Malcolm Kerr, Esq.
MR. POLAND conducted the Prosecution, and MR. LEIGH appeared for Turner, MR. STRAIGHT for Atkins, and MR. BROOKE for Bendon.
WILLIAM WINES (City Policeman 551). On 18th May I was on duty in plain clothes in Princes Street, between six and seven o'clock—I saw Mrs. Boore in the act of getting into an omnibus—I saw Bendon put his hand in her pocket and take out a purse—I caught hold of his arm, and Turner took the purse out of his hand and gave it to Atkins, who ran away—I kept hold of Bendon some considerable time, and Turner struck me on the right ear and the eye—I lost a great deal of blood—I said I was a police officer and asked for assistance—when I was struck in this way a fourth man held my arms, and then Turner struck me a blow in the eye, which stunned me—Bendon was rescued from me by Turner, and he got away—then I tried to take Turner—I drew my truncheon—Turner and the man not in custody, struck me another blow and ran away—I pursued him—he ran along Princes Street, down Old Jewry, and was stopped in Grocers' Hall Court, and I took him into custody with the assistance of another officer—when he was stopped he said, "For God's sake do not take me, I have been fighting"—I searched him and found on him a pair of gloves, 4s. 1 1/2 d. in money, and this brooch (produced) dropped from his side—on the 15th May I went with a brother officer to Bristow's coffee-house, and in the parlour I saw Bendon—I had placed two officers at the back—he ran out and they stopped him—he was taken into custody—Atkins was taken as well.
Cross-examined by MR. LEIGH. Q. Did Atkins strike you at all? A. No—the man not in custody struck me—I believe I know his came—Turner gave his correct address—I swear I saw a brooch drop from Turner—it fell out of his hand.
Cross-examined by MR. STRAIGHT. Q. What time was this? A. Twenty minutes to seven—there were a great many persons about, and no one assisted me—I was suddenly assaulted—Turner struck me first, and the other came to his assistance.
Cross-examined by MR. BROOKE. Q. When were you first examined? A. On the 9th—I then stated to the Magistrate that I saw the mail not in custody attempt a lady's pocket—I saw Bendon put his hand into the lady's pocket.
JOHN RIVETT . I live at King Street, Old Kent Road, and I sell newspapers in the streets—on 8th May I was at the corner of Princes Street about ten minutes to seven—I saw Bendon commit the robbery—he rushed towards the omnibus and pulled the purse out of the lady's pocket—the officer said, "Give me what you have got in your hand," and as soon as he caught hold of him Bendon handed the purse to Turner—Atkins said, "Fly, or we are all nabbed"—I ran to see if I could see a policeman in uniform—I was not examined before—I was bound over to come here.
Cross-examined by MR. STRAIGHT. Q. What were you doing? A. I was selling my papers—I was at the police-court, but was not called ns a witness.
EDWARD WORRELL . I am a messenger to the telegraph office—between six and seven on 8th May I was at the corner of Princes Street—I saw Bendon pick a lady's pocket—the lady was just getting into an omnibus—the officer caught hold of him, and the other prisoners punched him—I did not see the purse—they ran alongside of me, and Atkins told him to fly or they would all get nabbed, and Turner began punching the officer, who bled very much; and then ran down Princes Street and down Old Jewry.
Cross-examined by MR. LEIGH. Q. Had you ever seen Turner before? A. No—there was a great crowd—I could not say how many—there might have been twenty or thirty.
Cross-examined by MR. STRAIGHT. Q. Were you called before the Magistrate? A. No—I was talking to Rivett—he was selling his newspapers—I saw the man who is not in custody, but I have not seen him since—they were altogether—there were about twenty or thirty persons standing about the bus.
Cross-examined by MR. BROOKE. Q. How was it that you did not assist the officer? A. Because I was not able—I could not run after Bendon because he was out of sight—the one not in custody jumped on the officer's back while Turner punched him.
WILLIAM FREDERICK COLES . I am a merchant, and live at Fore Street—on the 8th May I was at the corner of Princes Street—I saw Turner and Wines in conflict—I did not know at the time that he was an officer—I saw them apparently trying to hit each other, and Turner tried to kick the officer several times—I saw the officer had a truncheon in his hand—he seemed to be using it very feebly—he did not take the opportunity of striking Turner on the head—the conflict went on for a few minutes, and then a powerful man came behind the officer and leaped on his back, and held him in a slanting direction, while the prisoner took a few steps back, and hit him while he was in that position—I raised a cry—I did not see anything more of it.
Cross-examined by MR. LEIGH. Q. Where were you? A. I was near the kerb-stone, near the Bank—it would be just the distance of the road to the bus—there did not appear to be a great crowd of people—the officer was defending himself with his staff as well as he could—he seemed hitting the prisoner's head with his staff.
Cross-examined by MR. BROOKE. Q. Where were you standing? A. At the Bank side of Princes Street—the bus was on the other side, near the Union Bank.
JAMES CLARK . I am a telegraph messenger—I was there, and saw Turner there, scuffling with the constable, at the omnibus—I saw the two other prisoners running away—somebody was calling out, "Police!" but no one was assisting the constable.
EDWARD DOER . I am the conductor of the omnibus—I merely saw a rush and two men fighting—I believe Turner is the one who fought with the policeman—I did not know at that time that a lady had been robbed.
Cross-examined by MR. STRAIGHT. Q. You will not swear that it was Turner that you saw? A. No—there was a great crowd of people—I am the conductor of that bus regularly—I cannot recognise any of the prisoners—they looked like two gentlemen fighting—I did not see whether one of them was a police-constable—I was on the monkey-board of the bus.
Cross-examined by MR. BROOKE. Q. Were there a great many people about the monkey-board? A. yes, a great many.
JANE BOORE . I am a widow, and live at 3, Ashley Road, Islington—on the 8th May I was at the corner of Princes Street—as I was getting into an omnibus I noticed a little commotion, and I afterwards saw the detective and another man struggling—when I got to the end of my journey, I found that my purse was gone—there was a key and 2s. 9d. in money in it—it was in my pocket when I got into the omnibus—I afterwards gave information—I did not lose anything but my purse.
GUILTY . They were all charged with having been before convicted, to which they PLEADED GUILTY. TURNER**— Fourteen Years' Penal Servitude. ATKINS** and BENDON*— Eighteen Months' Imprisonment each.
603. JAMES SMITH (25) and HENRY HALL (20) , Burglary in the dwellinghouse of Thomas Atkins, and stealing two watches, value 6l., and other articles, value 7l.13s., his property; and CHRISTIANA GATES (53) , for feloniously receiving that property, well knowing it to be stolen.
MR. DALY, for the Prosecution, offered no evidence,— NOT GUILTY .
OLD COURT.—Friday and Saturday, June 14th and 15th, 1867.
Before Mr. Justice Willes.
Upon the opening of the case for the Prosecution by MR. HOUSTON the COURT was of opinion that there was hardly a case for the Jury; no evidence was therefore offered.
NOT GUILTY .
MR. COOPER conducted the Prosecution.
GUILTY of the attempt. — Two Years' Imprisonment.
MESSRS. BESLEY and WILLIAMS conducted the Prosecution, and MR. CARTER the Defence.
THOMAS CANNON . I am a journalist and Parliamentary reporter, carrying on business at 13, Paternoster Row—I know the defendant; I was introduced to him in September, 1865, upon a proposal to raise 100l. for me upon the security of certain moneys in the hands of the AccountantGeneral of the Court of Chancery—Mr. Elworthy suggested, haying heard I was proprieter of a newspaper, that I should add that to the further security of the stop order of the Court of Chancery—I waited upon Mr. Elworthy at his office, in Southampton Buildings, Chancery Lane, on Saturday, 30th September, 1865, about making a declaration—I went with my wife, having seen him the day previously, and arranged by appointment to attend at his office—several papers were produced to me, among others the draft declaration—I perused that declaration; it was written on an ordinary long sheet of draft paper which solicitors use, like a sheet of letter paper laid out longways; it was blue paper, and I think there was a back sheet to it—I found it necessary to make alterations in the draft—I believe I made those alterations with a pen, sitting at his table—the first alteration was, he had described me as the sole registered proprietor of the
newspaper, and I explained to him that the registration was not quite complete, for, although I had given the notice at Somerset House as required by the Act of Parliament, the registration was not technically complete until the printer and publisher had attended and given sureties to the Crown against libels, which, however, was no part of my duty—I said, "We will strike out the word 'registered,' leaving it simply sole proprietor"—acting upon that, I struck out the word "registered"—following that, or in the same sentence, was this expression, "Registered as such at Stationers' Hall, in the City of London," or words to that effect—I have been over twenty years connected with newspapers, and was aware there was no such place of registration as Stationers' Hall; that attracted my attention immediately, and I struck out those words—the next alteration was this: in a sentence or two afterwards he had got the word "unencumbered"—I explained to him that at one time I had not been the sole proprietor, but had had only a reversionary interest in a portion of the copyright, and there might be some question arise as to whether I had encumbered it, and I struck out the word "unencumbered"—I don't think I made any further alteration; the rest was merely formal matter; I have no doubt whatever about the three I have mentioned: first, as to being registered; secondly, as to being registered at Stationers' Hall; and thirdly, as to the word "unencumbered"—after making these alterations I handed the draft declaration back to him, and shortly after that he said, "Will you step in the outer officer while I have it copied; or, as it is a fine morning, will you go and take a walk for half an hour, and come back again?"—having my wife with me, I said, "We will go for a walk in' Staple Inn, in the gardens, and return"—I and my wife then went away—we came back at twenty minutes to three—Mr. Hopwood, the solicitor, of Chancery Lane, who took the declaration, was there then; he was standing at the door with his hat on, and the handle of the door in his hand—Mr. Elworthy said, "I am glad you have come back; it is a short day with us, and I was afraid Mr. Hopwood would not be able to wait"—he then handed me the declaration—I saw that it was not in the same form as the draft; it was a printed one that he handed to me then. (Mr. Carter objected to any evidence being given of the contents of the draft declaration, in the absence of any notice to produce it. MR. WILLIAMS did not seek to give evidence of the contents, but merely to identify the paper; if however, evidence of the contents were necessary, the defendant had received a summons referring to the draft, and the indictment also mentioned it. MR. JUSTICE WILLES stated that he would receive the evidence, and reserve the point if necessary.) I see by my signature that this (produced) is the document that was placed in my hands the second time—I never read it; I never had it in my hand, except as I have now; I was about to read it through, when Mr. Elworthy said, "You need not trouble yourself to read it; I have copied it myself, instead of letting the clerk do it, and you may depend it is all right," or words to that effect—he being my solicitor, I took his word for it, and signed it—it is a fact that he was my solicitor; he held my retainer—I have since heard the document read—it does not correspond with the draft as I handed it to Mr. Elworthy; there are several variations—I believe the word "registered" is retained in this document. (The declaration was put in and read: it contained the words, "I am the registered and sole proprietor;" also, "they are both unencumbered") Within three or four weeks after this, Mr. Elworthy began making threats as to what he would do to me; he began to insist upon the
declaration as I had signed it; he began to make threats that he would put me in Newgate if I did not pay him some money—I never saw the paper again until my trial; I believe it may have been handed to me at Bow Street, I am not quite sure, but I never saw it till a public occasion like that, one of the occasions—I attended at Bow Street on a charge of perjury nine or ten times—there were two summonses and several adjournments, and both dismissed—I have never seen the draft declaration since—at the Guildhall Police-court, when Mr. Elworthy was under examination with reference to this charge, a paper was shown to me which was pretended to be the draft declaration; it was a small half-sheet of note-paper—I was asked if that was not the thing I called the draft declaration. (It was put in.) I never saw that paper till I saw it at Guildhall the other day; it was not the draft, it was some private memorandum of his own, which I never saw.
Q. I see it has some reference to shares; can you explain that? A. In a previous conversation on another day he asked me if I had any shares in any public stock; I mentioned some, and, amongst others, the Asiatic Banking Corporation, in which I had five paid-up shares; I suppose it refers to that—I first saw this piece of paper at the hearing of my case at Guildhall last month—the agreement says I was to have 100l. on that very day (30th September); I did not get any at all; he got the money, I did not; I got 50l. on the Monday—ultimately I had 90l., 50l. by a cheque from the defendant, and the rest in instalments from his father, who is his partner—the whole arrangement for which I had made the bargain was rendered utterly useless—I had no money at all on the day it was proposed to be paid; the contract was to advance me the money on that Saturday, 30th September—I got the 60l. cheque on that day, too late for banking hours—90l. altogether was advanced.
Q. How much was repaid of that 90l.? A. He had the order to receive the whole amount at any moment he liked after the 2nd November, when the Courts opened—he got 84l. 17s. in November, I paid him myself; I went with him to the Accountant-General's, and received 84l. 17s. in a cheque, which I handed to him—I was present when the 84l. was paid to him, that was late in November, 1865—that money was paid by me to him in respect of this mortgage—I was subsequently tried at this Court—I defended myself—I suffered two months' imprisonment, I believe that was the smallest sentence his Lordship could pass: I went to trial, of course depending upon seeing the draft declaration—I came out of prison on 27th March last, and he caused me to be arrested at the door of the prison—I took proceedings immediately afterwards.
Cross-examined. Q. You have had a good deal to do with legal matters, I believe, on both sides of the Court, civil and criminal? A. My business has been to attend the Law Courts for many years—I have only had actions with these people—I and my sister have not issued any writs against Mr. Elworthy—I suppose Mr. Elworthy was acting as solicitor for Mr. Honey, I don't know—I believe I have issued one writ against honey in relation to this matter—I will swear I have not issued seven, I believe only one; that action is pending now—I issued that writ the day before he commenced these proceedings against me, I believe, last year; it was for a claim against defendant's client and two other persons jointly, and criminal proceedings were taken against me to prejudice my action against them; I have no doubt of it—I got this money through Mr. Elworthy's hands—I went to him as a solicitor, because I was in want of money—Mr. Jenkins was not acting as my solicitor at that time; he took me to Mr. Elworthy's office—Mr. Jenkins is not a solicitor—he had been some years ago—at the time I signed this declaration, and after, he was certainly not acting as my solicitor—(looking at a paper)—I cannot help what he signed upon a document—it does not say there that he was solitor for me, it is signed "James Jenkins, solicitor"—he did not, as my solicitor, take me to Mr. Elworthy's office to raise the money, he only went as an old acquaintance of mine; I knew him acting as a solicitor years ago—this paper appears to be an office copy of an affidavit—that is not my signature. (This was an affidavit, sworn by the witness on 22nd January, 1866, in an action of "Honey v. Cannon, in which were the words, "Elworthy agreed with me and James Jenkins, my solicitor, that a sum of 10l. should be paid for interest") I am now able to answer, I was not before; a solicitor practising as a conveyancer may act as a solicitor, and in that sense he was my solicitor, but not in common law matters: that was an inadvertence; I had known him some years ago when he did act for me as a solicitor, but he did not take out his certificate for some years: I met him one day and asked him if he knew any one who would lend 100l. at once—he said, "I will take you round to a friend of mine who does business in agency," and he took me to Mr. Elworthy: in one sense he was my solicitor; technically he was not, legally he was—for the purposes of the mortgage thing he was my solicitor, but not for any other purpose—I believe the mortgage was executed on 7th October—the declaration was signed on 30th September—I don't know that he had become disqualified between those dates—that affidavit I expect was drawn by Mr. Jenkins, and he put in the words "my solicitor."
COURT. Q. The affidavit states the action was brought upon a promissory note; here is the original writ, that is not for a promissory note; how do you explain that? A. In this way: he served a writ in one case, and brought an action in another—he served me with a twelve-day copy of a writ for 100l. on a promissory note; I made an affidavit, and got leave to appear, on the ground of fraud, or something of that sort; then he pretended he had not brought the action on a promissory note, and delivered a declaration on the mortgage deed; that is my explanation.
Q. Do attend to this, because really this document is entirely inconsistent with that account—here is a writ under the seal of the Court, dated 5th January, 1866, and your affidavit is dated 22nd January, 1866, so that the writ was long before the affidavit? A. I got leave to appear on the copy of the writ; I should state that there never was any copy served, an order was got for substituted service; there was no personal service—I believe I never received a copy of the writ; the copy is no doubt attached to the affidavit at the Judge's chambers, filed in the ordinary way—he had received 84l. out of the 100l., though he issued the writ for 100l., and gave notice of trial.
MR. CARTER. Q. My friend has said you defended yourself upon your trial here; he did not follow it up by the old adage? A. I have no doubt, if he had, it would have been quite true; I believe if I had had supernatural powers I could not have helped myself in that case, with the startling perjury that was committed: I never could have believed that any solicitor in London would go to Bow Street and swear one thing, and then come here and swear the direct contrary; therefore I was not prepared with any defence—the paper now handed in as the draft, was not produced at my trial to my knowledge; it was never shown to me at my
trial or any other time, except before the Magistrate—I never saw it before my trial, unless it was at Bow Street—I have not sworn that I never saw it till May—I did not see it written; I don't believe I did—I gave Mr. Elworthy instructions, whether he took them down at the time I do not know—I will not swear I was not standing by when this piece of paper was written; he was writing at his table, and I was sitting at the other side—Messrs. Elworthy were perfect strangers to me, until Mr. Jenkins introduced them on 29th September—he asked me the questions about the shares and other matters, and very likely wrote down the particulars—I do not know that this paper is in two persons' handwriting—I saw both the Messrs. Elworthy together when I went to the office—I went several times; sometimes both were there, and sometimes only one—I can't say the exact date I first saw the defendant; it was the latter end of the month—I did not go alone on the 29th; I went with Mr. Jenkins—I don't believe I first saw Mr. Elworthy, senior, and that he wrote down the nature of my application before his son came in—I won't swear he did not—I do not remember that his father said to him, "These persons are here making an application for money, you go on with it," and that he took the chair his father vacated and finished the remainder of the instructions from my lips; they were together several times and alone several times—I don't see a very great difference in the handwriting of this paper; it is quite obvious that it may have been written afterwards—at the top there is a very little difference; two pens would make the difference—one part is a little thicker than the other; I don't see any difference in the writing—it is quite possible the latter part may have been added—I don't know that it was written in my presence—I tell you I never saw it till I saw it in this Court, I believe—I don't know that any instructions were taken down in ray presence; they were sitting at the other side of a desk; I could not tell from that distance what he was writing; he might have been writing that piece of paper or some other—questions were put to me as to what security I could give; I don't know whether the information I gave by way of answer was written down then and there; I swear I don't know—I dare say I told him what is written down there—I won't swear what he wrote; I don't know that he wrote that—I wanted 100l. for three or four days—I had not got ready money—I had plenty of money at command, some thousands; I only wanted it on a particular day; it was not to pay wages, it was to take up two bills; I don't remember what they were now—I have not got my book here with the entry—no doubt I represented that I wanted a portion of the money by Saturday night for wages—the defendant did not give me his own cheque, because he could not get the money from his client; I saw the clerk bring in the money from Mr. Honey, at eleven o'clock in the day—the defendant gave me the cheque after banking hours; the cheque was no use to me; I do not call a cheque money; it was not a bit of use to me till Monday, when I got the money: it was paid on Monday—I did not swear that I got no money at all; I said I never got any money on the Saturday, which was all I bargained for, and for which I paid him 10l.—I was pressed for just 100l. for those two purposes, and I did not get it after all in the way I wanted it—I paid him the 10l., and he sent me in a bill and sued for it over again, and objected to his own receipt because there was no stamp to it; here is his receipt for the 10l.
Q. You were indicted here for making this false declaration, and out of it was struck the words "registered," "Stationers' Hall," and "unencumbered;"
what was left as security after all that was struck out? A. That was not the security upon which I was borrowing the 100l.; I was borrowing it upon the money in Chancery, which was as good as a Bank post bill—I suppose the declaration was intended to show that I had not encumbered the fund; I had not encumbered it; the papers I had, that was what I told him at the time; that was why I struck out the word—when all this was struck out, he had still got the stop order—he declined to advance me the money upon what I produced, and required further security for the purpose of making out this bill, that was all; that is my belief; his client was amply secured before, as good as a Bank note—the money was in the Court of Chancery, and could not be got at by anybody but himself—this was intended as an additional security—I told him I did not mind how many securities I gave, because I was going to repay him the money—this was as a security, and very good security too—the words "Stationers' Hall" were most certainly in the draft declaration—I am quite certain of that—we had only one discussion upon that matter, I believe—it was not struck out of the draft mortgage—anybody who has the slightest acquaintance with legal documents can see that that has been put in since; there are no initials to it—I am acquainted with legal documents, and I should have put my initials against the alteration before I signed it—I believe it has been done surreptitiously—if there is a second erasure without initials, I don't know that that proves anything; that may have been done in the same way as the first; it is a very important part, "and also the copyright"—I have been for some years connected with the profession myself, and I believe I never signed a document without ticking the alterations in it; two solicitors having signed that, they would naturally have put their initials against it; as they have not, I say it is some evidence that these alterations were put in afterwards—I call "striking out" an alteration—if you look at the declaration you will find there is an alteration with initials to it, showing that was his practice, as it is in all solicitors' offices—I see that the words "Stationers' Hall" are struck through in the deed of 7th October; the draft of that document was no doubt discussed at the same time as the draft declaration, the week previous—I don't know whether the draft was sent to Mr. Jenkins; I have not the slightest idea whether Mr. Jenkins ever saw the draft—I don't remember whether Mr. Jenkins sent the draft to me for my consideration—I know his writing—I think this in red ink is his writing; I should gay it was his; it is "Mr. Cannon says that this was not contemplated; see agreement, J. JENKINS"—this is the part struck out by Mr. Jenkins, "And whereas the said Thomas Cannon is the sole proprietor of the newspaper called the South London News and Croydon Free Press, and is registered as such both at Stationers'Hall and Somerset House;" I don't know that that was after I had signed the declaration on 30th September; I think very likely it was before—this is the rough draft of the deed; the deed was fully engrossed and made perfect on 7th October—the reference to Stationers' Hall is both in the draft mortgage and in the mortgage, and is struck out—I never saw the mortgage deed; that is, I never read it through; very likely the draft was sent to me by my attorney after the 30th September—I do not believe I ever saw it, though I will not swear I never did; but I do not believe I ever did—I saw the document that was prepared and executed from it—it contains the words that I struck out, according to your statement—I never read the deed, I looked through it to see if there are any alterations—I mean to swear that it was not read over
to me before I signed it, and I never read it—Mr. Elworthy was acting as my solicitor, I trusted in him.
Q. Was not that document executed in Mr. Jenkin's office, and did not Mr. Elworthy senior, when it was brought to him, say, "I am not satisfied with this; I will have it re-executed in my presence;" and was not that done again, and did not he sign his name to it afterwards? A. Nothing whatever of the sort to my knowledge.
COURT. Q. Was Mr. Jenkins your solicitor or not; and did he or not sign that deed as your solicitor? A. He certainly did not sign it as my solicitor; I have explained what the relationship was between us—I never gave him authority to act as my solicitor in this matter—he was acting generally in matters in that way—I cannot explain it any better—he did not sign that deed as my solicitor, and act as my solicitor in the transaction, only as a friend; Mr. Elworthy was my solicitor—Mr. Jenkins told me that he was a very respectable man, and that I might employ him with safety.
MR. CARTER. Q. Was not that attestation all done in Mr. Jenkins's chambers before you went to Mr. Elworthy's office at all? A. Certainly not—the old gentleman was present in his office at Southampton Buildings, where it was originally attested—he did not say that he would have it reexecuted, that he might put his name to it as the attesting witness—nor did I re-execute it in his presence and Mr. Jenkins—I never executed it but once—I never signed it but once—I did not put my finger on it and say, "I deliver this as my act and deed;" no such thing; it was done by Mr. Elworthy himself, he has charged for it in his bill of costs; and here is his writ in the action, where he puts it down as work done as my solicitor in drawing the deed, and here is his bill of costs for it—there is no foundation for what you say—almost the first thing he said to me when I went into his office was, "If I am going to do this thing, you must give me your authority to act as your solicitor"—if this document contains the things which I say were struck out, I did not know it—the words "registered" and "Stationers' Hall" were in the draft declaration, and I struck them out—I do not believe I ever saw the draft deed.
Q. Have you not in that very document, which you had time and opportunity to see and inspect afterwards, solemnly covenanted that you had full title and good right to convey that which you say you struck out because you had no such right? A. No; my answer is, I do not believe I ever saw the draft, and I am certain I never read the deed—I had good right and title to convey at the time I signed the deed—I was not the registered proprietor—it was not unencumbered—I did not covenant that it was—I say I had full title to convey; those words have been kept in purposely—Jenkins was acting as the friend of Elworthy more than myself, and has been all through the piece—I say that Jenkins has been a transgressor; he has betrayed me—I have not applied for a summons against him, only against Mr. Elworthy—I applied for a summons against Honey, Digby, Atherton, and Elworthy, for conspiracy—I did not include Jenkins, because I had no evidence against him—I was convicted here by the fraud of Elworthy in putting upon me a declaration which I had altered in draft—if this mortgage deed contains the same thing I tell you I never saw it—I did in my defence that Digby and Atherton had a great deal to do with the prosecution—I cannot say whether I said they were the real prosecutors—I said they were concerned in it more than any one else, and so they are now, Atherton is sitting there now instructing Mr. Elworthy
and his solicitor also—Idid not prefer a charge at the Mansion House against Atherton—I did at Guildhall—my solicitor went into the case to some extent—the summons was never heard, it was dismissed because I could not get the evidence—I do not say that I had no case; I claimed to be bound over in that case in my own recognisance to prosecute the matter in this Court—Alderman Finnis dismissed the summons—I gave some evidence, preliminary evidence; that was all—I am going to prosecute Atherton—I have not done so this session on account of a mistake of the clerk at Guildhall; he did not return the depositions, and I could not—I have an affidavit of the circumstances: he will be prosecuted next session—two witnesses have died in the meantime—I have only known Mr. Honey since these proceedings—I do not make any imputation against him—an action hag been brought against him—there is an imputation against him, inasmuch as he is accountable for what his solicitor has done—he has utterly destroyed the newspaper—he told me at first that he knew nothing of Mr. Elworthy's proceedings—I wrote a letter to him on behalf of my sister to say that if he did not make some reparation I should go on with the action—I do not know that I am compelled to state what course I may take against Mr. Honey—I think both I and my sister have serious cause of complaint against him, whether there are criminal grounds for it or not I do not know, that is a question of law—this letter is my handwriting. (Read:—"Whitecross Street Prison, 4th April, 1867. Sir,—I have to apply to you on behalf of my sister, Emily Cannon, to know whether you intend to make her any proposal for compensation for the destruction of her and my property by the scandalous and disgraceful acts of which you have been guilty. I give you this opportunity, because I shall to-morrow, if nothing extraordinary intervenes, commence proceedings against you and your accomplices, Atherton, Digby, Elworthy, and Co., at Guildhall, Marlborough Street, Bow Street, and Clerkenwell, for the various acts of conspiracy, perjury, extortion, forgery, &c., &c., committed by you and them in these jurisdictions, and for the nineteen occasions on which during the last fifteen months you have falsely and maliciously dragged me before various Criminal Courts, although you had no claim whatever on me, 84l. out of the.90l. lent having been actually received by you, and the other 23l. for balance and costs your solicitor swore in your presence you could have at any time; so that it is in fact paid. All further attempts to lay the blame on others will not do, because you were in Court at the Old Bailey, and at the Police-court. If you choose to make my sister a reasonable offer, and pay a small portion of the amount to me, say 100l. in cash on her account, with a promissory note for the balance, at my house, before three to-day, that of course might have some effect on my proceedings with regard to yourself and the forthcoming prosecution. After to-day, however, you will be too late, as she will go on with her action.")
Q. What do you say now about any imputation against Honey, Digby, Atherton, Elworthy, and Co.? A. I say that if Mr. Honey cannot be made responsible for some portion of the damage it is very hard—I do not charge him with perjury—I said I should go on with the action against him—I do not think I have charged him in that letter with anything but that which may be made the matter of civil inquiry—I did not intend to do so if I have, and I do not think the letter does do so—those people have done the things I speak of: I do not say Mr. Honey has—I brought a civil action against him—I wrote that letter to him because he had all along told me that he had nothing whatever to do with it, and I found out afterwards that he had.
Q. Then you found out that he was a liar towards you? A. I do not use that language, but it is quite correct—he told me something that was not true—when Elworthy got the warrant against me I went to Mr. Honey's house three times to tender myself in custody, and he told mo he knew nothing about the warrant—it was Digby and Atherton who were prosecuting me—they knew very well that I had a large claim against them for 2000l. or 3000l., and they adopted this malicious prosecution, and all the rest of it for the last twelve months, till they utterly ruined me—the proceedings were conducted in Mr. Honey's name by this man and his friends, and now they are all three gone to the Bankruptcy Court, and I have no redress in any other way—it is a matter of character with me; they have ruined my business—I have been in the City of London for twenty years, and never had a charge against me before, or an imputation—I do not charge Mr. Hopwood with being a conspirator—he no doubt thought I had read the declaration—I dare say he heard all that passed on the occasion—I have not brought him here as a witness, because when I asked him the other day in this Court as to some of these particulars he said, "I do not remember anything about it, I can see that is my name, and that is the only thing I remember it by"—after that statement of his it was no use subpoenaing him here—he was present at the time Mr. Elworthy said, "You need not read it over; I have copied it myself, and I am sure it is correct"—he was talking to old Mr. Elworthy at one side of the room, and the other one was talking to me at the other side—I have not brought him here because he remembers nothing—he was not listening to our conversation—I will not swear whether the 250l. was struck out of the draft declaration; I do not remember—if it was struck out, there still remained as security the balance of the value of the newspaper—I did not represent the newspapers as belonging to me—I was not the registered proprietor—it was only on a technical ground that I objected to the word "registered"—I had given notice at Somerset House, and if an action had been brought against me for libel with respect to the paper I should have had no defence to it whatever—the notice which I wrote to Mr. Tilsley, of Somerset House, was dated 30th September, and Mr. Tilsley swore at this Court that he had it between ten and eleven on Saturday morning—that is the notice I speak of, and that is the only notice required by Act of Parliament.
COURT. Q. If you are right in saying that you struck out what you say you did, had not that the effect of removing the newspapers altogether from the security? A. No—it left the newspapers—it remained in this way, that I was the proprietor of the newspapers, that was the only difference—I only wanted the word "registered" struck out; that was all I objected to—Somerset House was not struck out—yes, Somerset House must have been struck out; all that sentence was struck out—the decalration would then stand that I was the proprietor of the South London News and the Croydon Free Press, as against myself—I mean I should have no ground of defence to an action or claim brought against me as the registered proprietor, under the notice I had given—the paper was registered in my name in the early part of the year—it was registered on 30th September to the extent that I could do it—it was not technically Registered, and that was why I objected to the word and struck it out of the draft.
MR. CARTER. Q. Was it encumbered? A. I do not believe it was, but it might be; that is a question of law, and I struck it out because I
wished to be very careful about not having anything to complain of afterwards—you may depend on it Mr. Elworthy went to Somerset House, he would not have given me 50l. unless he had perfectly satisfied himself on the point—he told me he had—the paper was worth 3000l., and if it had been encumbered to the extent of 250l. it would not have made any difference in the value of his security, not 5 per cent.—the thing produced here to-day is not a copy of the draft—that was not a printed form—this was bought at a law stationer's and filled up—Atherton had a charge on the newspaper—that was my reason for striking out the word "unencumbered"—Atherton had not a charge on it, but he swore he had—Digby, Atherton's partner, had a charge on my reversion for 153l.—they held a document which they claimed to call a charge—I mentioned that to Mr. Elworthy, and that was why I struck out the word "unencumbered"—it was not unencumbered.
Q. You have solemnly affirmed in the mortgage deed which was effected seven days after that you had good right and title to convey it, and that it was therefore unencumbered? A. I say that has been done for the same reason as the declaration was done—it was never shown to me—I gave instructions to strike it out of the draft—I have told you several times that the deed was never shown to me—Mr. Jenkins was not present on the 30th September when I signed the declaration—I do not think he was there at all with me on Saturday—he was there on Friday—I do not believe he was present that day—I swear he did not go with me—I do not believe he attested the declaration I made that day—if you will show me anything he signed I will answer in a moment—(looking at a paper) I signed that—that would be done the first thing in the morning. (That was dated 30th September, executed by Cannon, witnessed by James Jenkins, and was a charge on the fund in Chancery and on the two newspapers.) It was one newspaper, published in two forms, something like the Daily News and Evening Express, published at different times under different titles—for some reasons they may be called two newspapers, and for some reasons only one—I suppose I executed that document at Mr. Elworthy's office the first thing in the morning—I swore just now that I did not believe Mr. Jenkins was there at all on the 30th; now you have refreshed my memory I dare say he was; but I don't believe it now; I believe he has added the words, "Witness, Jas. Jenkins," since—I know he told me that Mr. Elworthy had given him 5l. not to come and give evidence in my favour—after that statement to me I would not call him—I have not the least idea where he is to be found—I thought he was here—if you will look at the depositions taken at Bow Street you will see that I asked Mr. Elworthy himself the question, and he admitted it.
MR. BESLEY. Q. Did you at any time see that draft of the mortgage? A. I don't believe I ever saw either the draft or the deed—all this first part, relating to the parties to the deed, is in Mr. Elworthy's writing—I don't know anything of the other writing—I don't believe I ever had this draft in my hands, or saw it anywhere—I did not see Jenkins or any one in reference to writing this word "stet"—I told Jenkins the conditions upon which I agreed to borrow the money; I was very busy at the time, in fact I was going out of town, and he said, "If I look through the draft will you be satisfied?"—the draft mortgage was not long subsequent to the statutary declaration; the deed was executed on the following Saturday; it was all done in eight or nine days—it was not read over when I executed it; I executed it at the defendant's office in Southampton Buildings
—my wife executed it at the same time—Jenkins's name appears to it as a witness; I can tell you the reason of that, he had a small commission for himself upon the completion of the transaction; so he took care to go every time—at the time I wrote the letter of 4th April I was in Whitecross Street Prison, after having undergone my sentence from this Court; they arrested me upon a bill which I never had any interest in—Digby was formerly a printer in Chancery Lane—he was introduced to me by Atherton; they were partners, and printers of this paper of mine—I started the paper on account of my sister, partly with my sister's money, partly my own—I started it in her name, in March, 1865—it was registered in her name, except for a few days, until the time it ceased to be published—the few days was when it was transferred to me, previous to this mortgage; it was only for a temporary purpose, to get this deed signed—it ceased to be published I think in January, 1866; it was stopped by Mr. Elworthy going to the printers and telling them it was his property, after the mortgage had been paid off; that was a long while before the proceedings taken against me at Bow Street; the money had been paid months before.
COURT. Q. You say all the money had been paid? A. You may call it paid; he had attached 14l. and received 85.—I will put it in this way, he had received 84l.—it had not been all paid, but it was attached by him; I could not get it, and nobody could get it but himself; it was not all actually paid: it was virtually paid.
MR. BESLEY. Q. How much had been paid? A. 84l. out of the 100l.—it is on the depositions that he swore he could have had the other at any time he liked—at the time I made the alteration in the draft declaration Mr. Hopwood was not present—he was in the room, talking to the old gentleman, when I went back—in the draft declaration it was declared that I and my wife were married; that she had a right to 400l. or 500l. in the Court of Chancery, and that we charged that fund, and I gave him a power of attorney to receive the whole 100l.—I stated that my debts were 250l., only judgment debts, he asked me: there was also a statement about the newspapers being mine—I saw Mr. Elworthy's clerk come from Mr. Honey's on the Saturday somewhere about eleven o'clock, with a bag full of sovereigns, and I saw Mr. Elworthy send his clerk away with the gold—I kept telling him while I was in the office that I wanted the money; he wanted to send the money to his bankers.
SARAH JANE CANNON . I am the wife of the last witness—I have not had any conversation with him since his examination (i.e., during the adjournment of the Court)—I remember on the last Saturday in September, 1865, going to Mr. Elworthy's office with my husband, about the time of the loan of the 100l.—I went there once after that—I had not been there, before that Saturday, and had never seen Mr. Elworthy before—I got there I think about one o'clock; my husband went with me, he took me there; on entering the office I saw the defendant—my husband had some conversation with him, and then Mr. Elworthy gave him a paper to read—my husband proceeded to read it, and he made some alterations in it at a table; he stood and did it; he was talking to Mr. Elworthy at the time—I do not recollect the whole of what passed between my husband and Mr. Elworthy, I recollect a part of it; my husband made some objection to some parts of the writing on the paper; he said he must strike out some words, "registered" and "unencumbered"—I heard him speak to Mr. Elworthy about the paper being registered, that he must erase that, and
also about the papers being unencumbered—he erased something, I don't know what it was—he said something about Somerset House, I can't tell exactly what—I saw my husband draw the pen or pencil through the words; we then left—Mr. Elworthy asked us to come in again in the course of an hour—I returned again with my husband somewhere between two and three—Mr. Hopwood was there then; he was not there when my husband made the alterations—Mr. Elworthy said he was glad we had come back, he was afraid Mr. Hopwood would not be able to wait, it being a short day with him, and he handed us a paper to sign—he told my husband we need not stop to read it, as he had copied it himself, so that there should be no mistake—my husband was rather in a hurry; he then went round to the other side of the room, where Mr. Elworthy was, and signed the paper, and then came and told me to sign it; he moved, and I took his place and signed it; this is my signature—I did not read it at all, I never did anything but just take the pen out of my husband's hand; he gave me the pen—it was not read over to me—I heard nothing about it except what I have just told—I think the paper that I saw my husband altering at the interview at one o'clock was larger than this—this paper (the alleged draft) was not it; I have not seen that paper before; it was much larger than this; I never saw this till I saw it at Guildhall.
Cross-examined. Q. Were you here when your husband was tried? A. No, I was very ill—I never saw this paper until I saw it at Guildhall last month—I was not at Mr. Elworthy's the day my husband went to apply for the money; the Saturday was the first time—I came from Lewisham by train that morning—I can't tell the time the train started, but I got to Mr. Elworthy's office as near one o'clock as I can tell—that was the first time I had ever been there—my husband took me there—he left Lewisham with me—I stopped some little time at Staple Inn, at Mr. Jenkins's, waiting for my husband to come to me—he went away and I waited there—I was at Staple Inn between twelve and one—I and my husband had come from London Bridge—I don't think we came together to Staple Inn—I can't tell where my husband left me, he did not go with me to Mr. Jenkins's—I went there to meet him—he was to come there for me—he must have left me at London Bridge—I will not swear that he did; I don't remember—I remember that I went to Staple Inn by myself, I think from London Bridge—I think the train arrived at London Bridge somewhere about eleven or half-past—I will not swear that it was as early as eleven—I am not certain of the time, it might have been later—it could not have been so late as twelve—I went direct from London Bridge to Staple Inn by omnibus; we were a long time getting along, there was a great crowd—I think I got to Staple Inn about twelve, or soon after—I really can't tell whether it was after twelve or before—I cannot undertake to swear that we arrived at London Bridge before half-past eleven; I did not notice the time—I do not remember seeing my husband execute any document at Mr. Jenkins's office—I don't remember his signing any papers or doing any writing—we went to Southampton Buildings about one—we were not together many minutes at Staple Inn after he joined me before going to Mr. Elworthy's—I was not at Mr. Elworthy's as early as eleven that day—my husband might have been; I tell you I am not certain of the time we arrived at London Bridge; we did not leave home before breakfast—we were going after money—I cannot fix the time we left home or arrived at London Bridge—I was waiting some time at Staple Inn, perhaps an hour and more; I am sure I waited more than half an hour; I was
sitting there, waiting for my husband—I do not remember seeing my husband execute any document there; I did not see him sign any document to my knowledge, not that I can remember—I went to Staple Inn because my husband appointed to meet me there; I think we parted at London Bridge—I don't know that Mr. Jenkins was acting as my husband's solicitor—I will not swear anything at all about it; I don't know—I knew that he had introduced him to Mr. Elworthy the day before; I don't know in what capacity—I believe I signed this document in the presence of Mr. Hopwood and Mr. Elworthy senior—I know Mr. Hopwood was present—my husband said something to Mr. Elworthy about keeping him very late, he was afraid he should not be able to do the business he wanted to do—I believe the banks shut at three—I believe my husband was very anxious to have the money that day; he said Mr. Elworthy had made it very late, he said he had nearly spoilt it—we did not get back there till between two and three; but he went to Mr. Elworthy's office once or twice; I think he sent some to inquire, I don't know who; we met some friends; we went and had some luncheon—Mr. Elworthy said it would not be ready, and told us to call in about an hour, and we did so—my signature was required—I have not executed many documents before, nor since that I know of—I went to Mr. Elworthy's office once after that I think; I do not remember the date; I have only been twice to Mr. Elworthy's office—I signed a paper then, I think—I did not sign a paper at Mr. Jenkins's rooms—I don't think he attested a paper that I signed; not that I know of—(looking at the mortgage deed) I don't know that I ever saw this before—I don't remember—I have not signed it—yes, this is my signature, I don't know when I did it; I can't tell—oh! yes, I can, I think it was the second time I went to Mr. Elwortby's office—no, it was the first time; I think so—I am sure I can't tell; it was the first or second—I think I signed it there, but I am sure I can't tell whether it was the first or second time—no, it was not the first time, I remember it was not; there was no seal on the first—I think I signed this at Mr. Elworthy's; I will swear it—my husband was present when I signed it, and I think Mr. Jenkins; I don't know how Mr. Jenkins came there; I think I remember him; I am not sure—I see I signed, sealed, and delivered this in the presence of Mr. Jenkins—I can remember his being there now—my husband wanted him there—I don't know that he was attending there on my husband's behalf—I know no more than that I had to go with my husband, he said he should want me—my memory is not very good on the matter, but I remember what took place—my husband and I did not execute this document in the presence of Mr. Jenkins before we went to Mr. Elworthy's chambers; I never signed my name to a document before I went to Mr. Elworthy's—I see the attestation opposite my name by Mr. Jenkins—I signed it at Mr. Elworthy's office; Mr. Jenkins signed it as the attesting witness before Mr. Elworthy—I saw this Mr. Elworthy on the day I went and executed this mortgage—his father was there too—I never heard him say that we must re-execute it, in order that he might be a witness to it—I will swear he did not request me to re-sign my name, or to say over again, in his presence, that it was my act and deed; I will swear it—my memory is good for that—I live with my husband; he has spoken to me once or twice about this matter—I will not swear we have not talked it over more than that—the first I heard of this affair after being at Mr. Elworthy's was when my husband was indicted for perjury; he received a summons; that was months after; I had thought
of the matter; I remembered it; I never heard it mentioned—Mr. Hopwood was present when the declaration was signed—I believe he had an opportunity of hearing what took place between my husband and Mr. Eiworthy—Mr. Jenkins was not present at that time; Mr. Elworthy senior was there—I can't swear whether Mr. Jenkins was there or not—I don't know—I don't think he was; I don't remember seeing him; I have a memory about it as we stood in the room; I think he was not there—I do not remember where my husband was between 30th September and 7th October; he was at Lewisham; we were living at Lewisham—he went away sometimes; I think he was away during that week; I can't tell where he was—I don't know that I saw Mr. Jenkins between 30th September and 7th October; I don't know that I did not; I can't say—I don't remember Mr. Jenkins sending a draft of the mortgage deed to our house at Lewisham before it was to be executed; I can't say whether he did or not; I don't remember anything about it—I went with my husband to execute the deed on 7th October; he said he wanted me; I did everything at his dictation—we had only been married a year—the fund in Chancery was my property—I was willing to sign what I knew was right—I cannot tell whether there was any draft or any communication between Mr. Jenkins and my husband that week; I had nothing to say to Mr. Jenkins at ail—I don't remember whether I went to Staple Inn on 7th. October, I don't think I did: no, I did not—I think I met him at Mr. Elworthy's office; he came to meet my husband—I can't say positively whether he accompanied my husband there—Mr. Elworthy said we need not stop to read the declaration, and my husband, being in a hurry, signed it, and gave the pen to me and I signed it—he was in a hurry to get away, I think, to pay some money away—he was anxious to get the money.
MR. BESLEY. Q. And, instead of money, he got a cheque after banking hours? A. Yes, and he said it was of no use; he was afraid it was spoilt—I did not know where Mr. Elsworthy lived till my husband took me there from Staple Inn; I knew Mr. Jenkins's place.
(The indictment against Cannon was put in, and the deposition of Mr. Elworthy before the Magistrate was read.)
JAMES DROVER BARNETT . I am one of the shorthand writers to this Court—I was present on 29th January last, when Thomas Cannon was tried for a misdemeanour—I took notes of the evidence given on that trial by the present defendant, Mr. Elworthy—I have here a report of that evidence, printed in the Sessions Papers from a transcript of my notes: it is correct; I have the notes here, they are taken in full, questions and answers, and put into the form of a narrative in this report. (The portion of evidence read was at page 319 of the Fourth Session, as follows:—"Prisoner. Q. What have you done with the draft? A. There was no draft, I deny that I swore before the Magistrate that there was. The deposition of the witness, being read, contained the expression, 'I will not swear that the defendant did not strike out of the draft of the declaration the 2501.;' also, 'The draft of the declaration is not here, but I can produce it.' Allow me to explain that; I was confusing at that time the piece of paper upon which I took the different memoranda I speak of, as the draft declaration, but I recollect as well as possible that I wrote that off at the time, such was the urgency of the matter—I did not say before the Magistrate
that I could not swear you did not strike out the words 'registered' and 'unencumbered;' I said, with respect to the 250l., you might have struck that out, but you never struck out the word 'unencumbered.'")
MR. CARTER submitted that there was no case for the Jury: the simple question now was whether there was or was not a draft declaration; that, he contended, was immaterial to the issue formerly tried, for had Elworthy not been examined at all the conviction of Cannon might still have been sustained. MR. JUSTICE WILLES entertained no doubt that the conviction was right upon the evidence, but the question now was whether there was evidence to support the averment in the present indictment that there was no draft declaration; that was a fact for the Jury, and, as there was evidence upon that fact, the case must go to them.
The following Witnesses were called for the Defence:—
HENRY JOHN RICE ELWORTHY . I have been a solicitor for about forty years—I formerly practised in Plymouth—of late years, since my family has grown up, I have been practising in London, at 14, Southampton Buildings, Chancery Lane—my son (the defendant) has been in those offices some twelve years—in 1865 we were in partnership there—I saw Mr. Cannon for the first time on the 29th September that year—he came to our office with Mr. James Jenkins, his solicitor—I did not know him before, and did not know his name—he was introduced by Mr. Jenkins—my son was out at the time, and I was sitting in his seat—I took a pen and piece of paper to take down in writing what their application was—the first two lines of this paper are in my writing: "100l.—two months—fifteen per cent, (which they wanted to pay, and which was never charged)—3l. 15s. mortgage on fund in Court, 240l."—when I had written so far, my son came in, and I resigned the chair and handed the business over to him—his handwriting follows on that—fifteen per cent, was what they proffered—a mortgage was afterwards prepared—there was an equitable mortgage on the 30th—the full mortgage was about seven days afterwards—ten per cent, per annum was charged—I think that is in the mortgage, not for the time, but for the year—I was present during the remainder of the interview with Mr. Cannon—I was there next day, the 30th, with my son, Cannon, and his wife—I was present at all that took place between them—there was no paper produced but this, whether you call that "particulars" or "a minute," or "a draft of the body of the declaration" I do not know, but that was the only paper—that was the only one I saw besides the declaration that was signed by Cannon and his wife—it was all prepared in my presence, and that was the only document that was drawn after that, and the equitable mortgage—no other document was prepared or written or committed to writing—nothing but this and the declaration—we keep printed forms in our office—I saw my son fill up the body of this printed declaration—there was no other but that—it was given to them to execute and peruse—Mrs. Cannon left the chair where she had been sitting, and came with her husband to the table and looked over the side and read the declaration with him—no objection was made to any part of it—he gave no explanation about his not being the registered proprietor—he did not object to the word "unencumbered"—there was no objection by him whatever—if there had been he would not have had the money—we wanted additional security, if we had known it was encumbered, and that he was not the registered proprietor of the two newspapers, we should not have advanced the balance—I sit at a desk on one side of the fireplace and my son on
the other—I drew to the fire that day to warm myself, and I was close to my son's desk—we have a call-book in our office, in which our clerk puts down each day what goes on there—I know my son was not there on the 7th October, when the mortgage was effected—I think he was out of London—here is a minute in the call-book: "Saturday, 7th, Mr. Jenkins called, Mr. and Mrs. Cannon," and opposite the name is "senior"—that would have reference to myself—my son was not there—this is not my writing, I do not keep the book, it is kept by one of the clerks—I make entries from it—this will not enlighten me as to whether my son was there or not, but I know he was not there—he was out of London, and had been, I think, for several days—I drew a draft of the mortgage, and submitted it to Mr. Jenkins, Cannon's solicitor, I received it back from him—there is some note on it in Jenkins's handwriting—he struck out several portions—I put the word "stet" here—although this was objected to, it was inserted in the mortgage deed when it was engrossed in full—I remember Mr. Cannon and his wife and Jenkins coming to the office on the 7th October—Jenkins brought the deed executed by his clients, which I thought rather singular, and I would not have it—I said, "You must take the pen and go over it again, and I will witness it myself," and they did so—my name appears under Jenkins's—his was there before—they went through the formality of re-executing the deed in that way—the balance has not been paid yet.
Cross-examined. Q. Although you say that, do not you know that you can have it any day you like? A. Really I do not—I left it entirely to my son—I did not know that it was attached—I have had nothing to do with it—my son has managed the matter—100l. was the amount of the loan sought—Cannon was willing to pay 15 per cent.—I did not propose that he should pay 10 per cent, and pay our bill of costs—it was not my matter—it was not my department in the office—it is not a fact—he did not ask me what the amount would be, nor did I say between five and six pounds—I did not enter into any bargain with him, because I could not—he did not say that he should not object to pay 10l. for interest and costs in a lump sum, as he only wanted the money for a short time—(looking at a paper) this says, "I have retained 10l. out of the 100l. advanced by Mr. Honey"—when my son went into the country he instructed me what I was to do—I did not sue Mr. Cannon in the Sheriff's Court for the costs—I had nothing to do with it—it was my son's matter, he instructed me—I did not object to this document as a receipt on the ground of its wanting a stamp—I never took any such objection in the Sheriff's Court—I do not admit that 84l. was repaid, for I know nothing about it, any more than you do, except from hearsay—I do not recollect giving out to the publishers of the newspaper that we had a claim on it as late as January, 1866—all that I know is that I searched at Somerset House, and found that he was not the registered owner—I did not claim the whole 100l. after 84l. had been paid—it was my son's matter—I am his partner, but I never interfere if he has a matter, and he never interferes with me—if I commence a thing I go through with it—Mr. Honey is not a client of mine; he is of my son's, and has been for a long time—I have taken out my certificate all the forty years I have been in practice, with the exception of about three, I think—I left Plymouth about four or five years since—I do not know when my son was admitted—I did not go into partnership with him on his being admitted, not for years—he carried on business for himself—I gave it over to him—I came from Plymouth about four or five years ago, the office in
Southampton Buildings being mine, when my son obtained his certificate I handed the business over to him—I became a partner about a year and a half since, or two years, I really cannot tell—I ceased to be a partner when my son's misfortunes happened the other day—he over-bought himself, and came to grief, and he is now going through the Bankruptcy Court—I then ceased to be a partner of his—I am carrying on the business now in my own name—the letter E in the call-book is for me, and S is for my son—where E. S. occurs both are present—I think Mr. Honey was there on 30th September, late in the day—we had not Mr. Honey's money on the 30th—my firm belief is that we had not a shilling of it then—I fancy not—I cannot recollect, it is so long since, but he sent me the money in a parcel, and I opened it before Mr. Cannon—I cannot tell whether that was about eleven in the day, I know there was a parcel I received in my son's absence—it was brought to me by the clerk—I fancy it was after this, not on the 30th, but really I cannot say the day—I perfectly recollect now that Mr. Honey had deducted his commission or bonus—we do not keep a cashbook, we have an expenditure and receipt book—it would not be in that, because it was a matter of loan—it would only contain the office disbursements and receipts—we should put costs in the book—we should not enter moneys as received from clients—I really cannot say whether an account was kept between Mr. Honey and my son, or between Mr. Honey and the office—there was no banking account for the firm—I had nothing to do with the cash at all—my son had a pass-book—I never saw it, or very seldom—I had no banking account of my own—I served my son for a year and a half, I think—you may call me a clerk, if you like—he made me a decent allowance to assist him, that is the genteel way of putting it—I took out no certificate for twelve months, I think—I had not this small document in my possession at Bow Street on the occasion of Mr. Cannon's examination—I do not know where I saw it—I think it was just previous to his committal, or about his committal—I might have seen it, I cannot say that I did—I will not say I did not see it at Bow Street, I think it was there when there was an adjournment—I think there were two adjournments—I believe I was there twice—the case was adjourned because the Magistrate said, as my son had written the body of the declaration, he must attend—I will not swear I was not at Bow Street four times, I think it was only twice—I cannot recollect that I saw that document there—it must have been in the bundle of papers that were there—I suppose our clerk, Mr. Wyatt, took them—I really cannot tell whether this was in it—it was very likely to have been so—it is very likely that I read it through—it is very probable that it would be compared with the body of the statutory declaration, I cannot say it was so, I have forgotten all about it—I cannot recollect whether I read the document at Bow. Street; I will not swear I did not—I went into the case, and I dare say I produced this and the declaration, and all about it, but I cannot recollect—my son was absent at the time—I remember going and seeing Mr. Cannon's sister, I did not threaten her that I would put her brother in Newgate—I cannot recollect saying anything of the sort to any one—I have not done it, it has been done by my son—if a client consults my son I generally attend to that myself, but if it is a common law matter my son takes it from me, or the clerks—if he commences a business I do not interfere—I went to Mr. Honey to bespeak this money, but my son conducted the business as between him and Cannon—my son was not managing the prosecution at Bow Street—Cannon could not be found, and a reward was
offered for his apprehension—I think I attended twice at Bow Street as attorney for Mr. Honey, because my son was not there—the Magistrate said my son must attend, as he had prepared the declaration, and it was adjourned for that purpose—he did afterwards attend and give evidence.
ALFRED WYATT . I was clerk to Messrs. Elworthy in the middle of last year—I attended at Bow Street when Cannon was before the Magistrate—I recollect the papers being asked for—Mr. Elworthy senior was present on the first occasion—the bundle of papers were there—there was no particular examination of them, but I cannot say, I have had so many things since—I was there afterwards, when the defendant attended, in consequence of the Magistrate's directions, and heard him say that he had the draft there then—I do not recollect seeing the draft, I did not see it—I heard him state that he had not it there; he had it at home—he had a bundle of papers, the general bundle of papers were those relating to the matter.
Cross-examined. Q. Inquiry was made, I understand, about the draft of a declaration? A. Yes—I do not know that the inquiry was for a draft which had been altered and the words "registered" and "unencumbered" put in—I heard a lot about unencumbered, and heard inquiries made for the document—I do not keep this call-book; I never attend to it, and do not trouble myself with it—H. Elworthy is the defendant. (The book contained the name of H. Elworthy, on 7th October.) Here are the names on one side, and the letters that are sent, on the other; it was long before I was in the office, but the practice is still the same; you will find some are in my writing—here is one, on Wednesday, April 3rd, in my writing: "The Secretary of the Metropolitan Railway"—every one of the members of the firm would be mentioned in the call-book—instead of having a postage-book, we made the call-book answer the purpose.
MR. BESLEY. Q. Do you know Mr. Kentish, who was clerk in 1865? A. No.
W. LANGFORD, Esq., barrister-at-law, deposed to the defendant's good character.
GUILTY. Judgment respited.
Before Mr. Recorder.
JOHN FINCH . On 3rd June I was engaged in repairing a church in the Barking Road—I left a trowel and hammer there at night—I received information the same night, pursued the prisoner, and took the tools from his pocket, which I had seen safe a few minutes before—I know him, and have employed him—he had not the slightest business in the church.
Prisoner. Q. Was not I called over to the church by John Curtis? A. There is not such a man in the place employed by me—you said that Curtis sent you for the tools, and then that a man gave you 1s. to take them to 2, Bath Street.
JOHN HARMAN . I am a carpenter and joiner, and was engaged in repairing this church—I saw the prisoner staggering about as if drunk—he went into the church, and came out—there were three other persons at the same time—he went down the road a little way, and I saw he was not
so intoxicated as when he went in, which aroused my suspicions, and I pointed him out to Finch.
Prisoners Defence. They have both taken a false oath against me. I was called across the road, and Curtis gave me the tools to take to Union Street.
GUILTY . He was further charged with a previous conviction at this Court in September, 1862, to which he PLEADED GUILTY.**— Twelve Months' Imprisonment.
Before Mr. Common Serjeant.
MR. DALY conducted the Prosecution.
JANE HARRADINE . I live at 1, Horrenden Terrace, Back Road, Kingsland—I know the prisoner—on 29th May, about three p.m., he hired a pony and cart of me—he said he wanted to fetch some tools from Paddington—my grandson went with him to take charge of it—some time afterwards he came back crying—the horse and cart was worth 12l.
RICHARD MACEY . I work for my grandmother—I remember the prisoner hiring the pony and cart—I drove it with him to the Paddington Station—when there he told me to go and fetch the foreman, which I did—I was gone about ten minutes, and when I returned the prisoner and the horse and cart were gone—I waited a couple of hours and then went home.
Prisoner. Q. What time was it when you left the pony and cart? A. About half-past five; we started about half-past three—on the Sunday morning when I saw you at the station I said I thought you were the man.
COURT. Q. Are you sure he is the man? A. Yes.
CHARLOTTE PERRIN . I am a widow, and live at 21, Bennett Street, Greenwich—I know the prisoner by sight—about one o'clock on 30th May he came to me with three other men—he had a pony and cart, and he asked me if I would buy the little pony for 3l. 10s.—he agreed to allow 1l. for a donkey, which he had in exchange—I bought it—the same evening I let it to a gentleman who hired it—it was a brown and white pony—it was afterwards claimed, and I gave it up.
WILLIAM SMEED . I live at 19, Stanhope Street, Deptford, and am a wood dealer—I know the prisoner—I saw him in Deptford at eight" o'clock on 1st June—he offered to sell me a cart and harness—he asked 5l. for it, and I at last bought it for 25s. and a piano, worth 2l. 10s.—I was with him when he sold the pony—on Sunday morning a policeman came, the cart was claimed, and I gave it up.
Prisoner. Q. Do you not remember my coming to your house on Thursday evening? A. No—I did not hand you a cup of tea—you did not borrow half a sovereign of me on the 30th—the pony and cart was not on my premises on the 30th and 31st—you sold me the cart close to the dock-yard.
gave it up—I afterwards found out where the harness and cart were—I got that back—at five o'clock on Sunday morning I went to 33, Napier Street, Deptford, and found the prisoner in a back room—the door was locked—I searched every part of the house except this back room, and that was denied me, the excuse being that there were some sick children in there—the woman refused to open the door, and I broke it open—the prisoner was on the floor partly dressed—I said, "I want you to come to the police-station with me about a cart which you made away with in Deptford"—he said, "All right, I will come with you"—he afterwards said he bought it of a man named Hocker, in the Caledonian Market—Mrs. Harradine and the boy Macey saw the prisoner at the station, and they said, "That is the man that hired the pony"—they had not the least doubt about it.
Prisoner. Q. Did not she say, "That is the man, he had a drab coat on?" A. Yes—she said she should not like to make a mistake, but she was sure you were the man—you were taken in custody on Saturday, but at the station you told a very plausible tale, and you were allowed to go—that was twelve o'clock at night, and you were intoxicated.
The Prisoners Statement before the Magistrate:—"The first I heard of this pony being stolen was on Saturday evening, when a constable and another one came to my house and told me the inspector wanted to see me. I went to the station with them, and I told the inspector that I bought the pony of a man named Hocker, who frequented the Cattle Market. The inspector let me go, and the next morning a constable came and took me again to the station."
GUILTY .**— Five Years' Penal Servitude.
MR. COLERIDGE conducted the Prosecution, and MR. PATER the Defence.
LIZZIE, HIGGINS . I am ten years old, and live with my father and mother in Warwick Street, Woolwich—about three weeks ago I saw the prisoner in St. Mary's Street—she gave me a half-crown, and told me to go to Mr. Roffey's and get a quartern of bread—it was between eight and nine o'clock, and was dark—I looked at the clock—I asked Mrs. Roffey for the breads and gave her the half-crown—she showed it to Mr. Roffey, who went out with me, but the prisoner was gone, and I did not she her again till I was at the police-court.
Cross-examined. Q. Was it about three weeks before you went to the police-court that the half-crown was given to you? A. Yes—I am certan the prisoner is the woman—I had never seen her before—I have heard her say more than once that I have made a mistake—I live in Warwick Street, Woolwich—Mr. Roffey came down with me to my mother's house, and we went to the station—they told me the woman was there who I received the half-crown from—when I saw the prisoner there she was by herself.
MR. COLERIDGE. Q. Did you know her at once? A. Yes, I am certain of her.
GEORGE ROFFEY . I am a baker, of St. Mary's Street, Woolwich—on the night of 11th March I saw the little girl at my shop—my wife gave me a bad half-crown, and I went into the street with the girl, but saw no one—I left the half-crown with the inspector—when the prisoner was taken I took the little girl to the station, and she identified her without the slightest hesitation—that was on the 11th May.
MR. POLAND. Q. How far is Plumstead Common from your shop? A. A mile and a quarter.
MARY HOOPER . I am the wife of Richard Hooper, of 9, Robert Street, Woolwich—on 17th April, between ten and eleven at night, I met the prisoner in Woolwich, close to the Edinburgh Castle—she was rather the worse for liquor, and asked me to show her home—I took her and left her at the gate of 25, Lower Wood Street—I asked her for the loan of a penny—she put her hand in her pocket and gave me this bad half-crown, and said, "That is all I have got"—I then left her—I went the same night to Mr. George's fish shop, bought a pennyworth of fish, and paid with the half-crown—Mr. George kept it, and I was taken in custody; the prisoner came up and said that she gave it me, and I was discharged.
Cross-examined. Q. What is your husband? A. A marine—I am living with him—the prisoner is a perfect stranger to me—I was never locked up before—I had no money about me when I was taken in custody—I had not been drinking when I met the prisoner.
JOHN PRICE (135 R). On 17th April I received Mrs. Hooper in charge—I was outside the shop and saw her pay the money—Mr. George bent the half-crown—this is it—I went with Mrs. Hooper to 25, Little Wood Street, Woolwich, and found the prisoner in bed—I told her the charge; she said, "Well, I do not know that I saw Mrs. Hooper last night; I gave her no money whatever; I was drunk; I had been in company with a sailor, and he may have given me the half-crown, I do not know"—I waited in the passage while she dressed—there was nothing else against her, and she was discharged—her husband returned from sea last Friday.
Cross-examined. Q. Was the same statement that she made to you made to the Magistrate? A. Yes.
MR. COLERIDGE. Q. Have you got any other half-crowns? A. Yes—this one (produced) came from Mr. Roffey—the girl identified the prisoner on the road from the cell to the yard—I had cautioned her to be careful.
EDWIN GUTTERIDGE . I was thirteen years old five weeks ago, and live with my father and mother at Woolwich—on Saturday, 4th May, I was out late, and was in the Bloomfield Road about 11.30, and met the prisoner—she asked me to fetch her half a quartern of coarse oatmeal at the corn chandler's, and gave me a half-crown—I went to Mr. Hand's for it—Mrs. Hand gave me a small quantity to take to the prisoner, and I went and gave it to her—she said, "There is not much here"—she said nothing about the change—a policeman came up and took her.
JAMES HAND . I am a baker, of 160, Sandy Hill, Plumstead—on 4th May, about 11.30, I saw Gutteridge, and my wife gave me a half-crown—I gave the boy a small quantity of oatmeal—he went out and I went after him—the constable got to the prisoner before I did—I heard the prisoner ask the boy where the change was—the constable said, "What change?"—I did not hear what she said—the constable was in plain clothes—the prisoner said that a gentleman gave it to her, and she did not know it was bad.
Cross-examined. Q. Did not she say that on Saturday evening she was in the Bloomfield Road and met a gentleman, who told her to wait for him? A. No, she said that she received it from a gentleman in the morning—she has been three years in Woolwich.
JOHN TRENT (85 R). I was on duty in plain clothes, and went with Mr. Hand and Gutteridge to the prisoner, who was in the Bloomfield Road—I Saw the boy give her the oatmeal—she said, "Where is the change?"—I walked across and said, "What change?"—she said something which I did not understand, and I asked her where she got the halfcrown—she said a gentleman gave it to her and she was going to wait for him—I asked why she did not go for the oatmeal herself—she said because she might miss the gentleman—I asked her his name; she said that she did not know—I took her in custody, and received this half-crown from Mr. Hand.
GUILTY .— Six Months' Imprisonment.
MR. COOPER conducted the Prosecution.
ALFRED PRITCHARD . I live at 49, Butcher Road, Deptford—on Tuesday evening, 21st May, I was the worse for liquor at the Eight Bells public-house—I went to sleep, and when I woke my coat, value 12s., had been taken off my back—this is it (produced).
HENRY TODD . I am pot-boy at the Eight Bells—the prosecutor came in drunk between four and five o'clock, sat down on a bench, and went to sleep—shortly afterwards the prisoner came in with other women—they remained two or three hours—I saw them pulling and messing the prosecutor about; they took his coat off and went out with it—I did not stop them because I was not big enough to resist, there were other persons there—the barman spoke to them, but they went off with the coat.
Cross-examined. Q. Did the barman do anything? A. He only told them he should tell his master when he came in—the barman is not here.
GEORGE KIDDLE . I keep the Eight Bells—I saw the prosecutor asleep on a form—I saw the prisoner and another woman trying to wake him, about seven o'clock, but they could not—I pulled him up from a seat, and put him in a corner—I had occasion to leave the house for about twenty minutes, and when I came back he was there, but his coat was gone—I gave information to the police, and went with a constable to the prisoner's house and found her there; she said she knew nothing about the coat.
JAMES SWADLEY (Policeman 98 R). I found the prisoner in bed in a lodging-house in Lamb Lane, Greenwich—the landlord charged her with stealing a coat from a man who was drunk in his house—she said she knew nothing about it.
Prisoner. Q. What time do you shut up? A. About half-past seven.
MARIA CALLEEN . I am a widow, and live at 1, London Court, Greenwich; on Tuesday evening, 21st May, about seven or eight o'clock, I was near Mr. Nash's, the pawnbroker's, and passed the prisoner—she had something under her arm, which looked like an apparel of man's—she went in Mr. Nash's shop—I know her well—she lodged with me fourteen months.
Prisoner' Defence. I was not capable of taking care of what belonged to myself; I bad been drinking with the prosecutor all the morning at another house, and came to the Eight Bells with him.
GUILTY .— Eight Months' Imprisonment.
MR. MOODY conducted the Prosecution, and MR. STRAIGHT the Defence.
FANNY MARTIN . I am single, and live at 6, Beresford Street, Woolwich; I receive an allowance of 60l. a year, and draw it monthly—on 13th May I met the prisoner; he spoke to me, and at his request I went to the Woodman public-house and had some ale—I had in my purse three sovereigns and five shillings mixed with some coppers—it was in the right pocket of my dress—the prisoner was on my right side, and another soldier on my left—I saw my purse in the prisoner's hand, and said, "That is my purse, give it me"—he said, "It is all right, drink"—I thought he was joking—I asked him for it several times, but he still kept it, saying, "Drink, it is all right"—I went to the people at the bar and asked them to get me a policeman, but, as one did not come, I went to the door to get one—I then went back and begged the prisoner to give it to me—he showed me another purse with gold and silver in it, and said he had plenty of money belonging to him, he did not want mine—I followed him and gave him in charge—I had noticed a scratch on one of the sovereigns—my purse buttoned over with a brass button—this is the sovereign (produced), it is marked across the nose—there was a scratch similar to this and I recognise it—I was sober.
Cross-examined. Q. Had you known the prisoner before? A. No—I met him casually in the street, and went to drink with him—I have a weak ankle, and was very glad to sit down—I did not reel about—I was not the worse for liquor—I had not been with a sergeant of marines in the course of the day; beside this man there was a civilian—it is not a fact that I had been with a sergeant of marines and drunk 10s. worth of drink—I met the prisoner in Artillery Place, about a quarter of an hour's walk from the public-house—I did not take his arm—he overtook me on the road—it was between twelve and one in the day—I have not seen my purse again—the purse I afterwards saw with money in it was not mine—seven or ten minutes elapsed from my leaving the public-house to my giving him into custody—I followed him and tried to keep my eye on him, that he did not run away—the money was produced before the Magistrate—I looked at it and returned it to the Magistrate—I did not point out to the Magistrate the mark on the nose, it was at the back; there is another scratch; the scratch I refer to is not where the Queen's head is.
COURT. Q. Then just point out where the scratch is? A. This is the one that I fancied I saw—the mark is on the nose.
Q. But you said just now that the mark was on the back, another mark? A. I had noticed one on the nose.
MR. STRAIGHT. Q. Was not this put into your hands at the police-court, and did not you examine it before you said by what you identified it? A. No—I did not say before the Magistrate that I identified it by a mark on the back as well as on the nose—I tell you to-day for the first time about the mark on the back—I saw no mark on the back before—I gave no description of this sovereign at the police-court.
COURT. Q. Then you did not mention anything about the mark till you
had seen the sovereign? A. Yes, I said to the man I gave him in charge to, that there was a scratch on one of the sovereigns—I did not describe to him what the mark was—all I said was, that there was a mark on one of them—the mark I do speak to is over the head—the mark on the sovereign I lost, was on the nose.
Q. Where is there any mark from the back of the head to the nose here; you had not observed on any sovereign you lost, a mark from the point of the nose to the rim? A. It was on the face, I did not take much notice of it.
BENJAMIN HORNER (Woolwich Military Police). I was on duty at the north-west gate of the Artillery Barracks—the prosecutrix came to the gate about the middle of the day, following the prisoner, who, she said, had robbed her of 3l. 5s.—the prisoner said that he had not, that the money was his own—I asked him what money he had on him, he said 3l. and upwards—I took him to the guard-room, and found he had 3l. and some silver and copper—I took him to the provost-marshal—the prosecutrix said that her money was marked.
Cross-examined. Q. Had she been drinking? A. I did not see any signs of it—she said that a man had robbed her of 3l. 5s., and I found close on that sum in the prisoner's purse—she said that the money was marked, and that she should know it again—she did not tell me how or where it was marked—the prisoner's purse was in his pocket.
WILLIAM HOTSON . I am a corporal of the military police—I was present when the prisoner was taken before the provost-marshal—he took from his pocket a purse, and handed it to the provost-marshal—the prosecutrix saw it, but not the money, before he took the purse out—she said she should know her money, because it was marked—I found in it three sovereigns, two sixpences, and other money, which I gave to Thomas, the policeman, and took the prisoner to the station.
Cross-examined. Q. Did he hand the purse quite willingly? A. Yes.
Cross-examined. Q. Were you at the police-court? A. Yes—the prosecutrix said she could identify her money—it was handed to her and she did so—she did not describe it first, or say that there was a mark.
The prisoner received a good character.
NOT GUILTY .
Before Mr. Justice Willes.
MESSRS. DALY and HOUSTON conducted the Prosecution, and MESSRS.
SLEIGH and WADDY the Defence.
SARAH ANN WORSLEY . I am single, and am servant to the prisoner and her husband, who is an engineer in the navy, living at 436, New Cross Road, Deptford—I have been ten months in their service—they had two children, William John Bell, the deceased, aged nine years and seven months, and Mary Ann, aged twenty-five—on Saturday afternoon, 11th
May, about four o'clock, I let Miss Bell out at the front door, and went down into the kitchen—my mistress was not there—I went into the breakfast-room, which is on the same floor as the kitchen, and saw a stream of blood flowing towards the cupboard—it came from the deceased, who was lying with his head near a packing-case, and his feet on the hearthrug—I went up stairs to my mistress, and asked her what was the matter—she said, "He aggravated me, he aggravated me, he made me do it, I was obliged to do it"—she was then up stairs, near her bedroom door—I left her and came down stairs to call my master from the drawing-room—my mistress appeared very wild, and her eyes appeared to be starting from her head, and she was rolling herself backwards and forwards on the stairs, and wringing her hands—I met my master coming from the drawing-room, and asked him to go down and see what was the matter with Master Willie—he went down, and I was on the stairs when he brought the child in his arms—I went for Dr. Hope—I met him in the Florence Road—I also fetched Mrs. Cofferton, a neighbour—when I returned my master was up stairs holding my mistress in the bedroom—the knife was in the breakfast-room, lying on the table—there was blood on it—it was a large-bladed knife, with a white handle—I had cut the child a piece of bread and butter about three o'clock that afternoon, and left the knife and bread and cheese on the packing-case—that was about twenty-five minutes before I saw him bleeding—he was sitting at the table writing in a copybook, and his mamma was sitting on the opposite side with her arms folded—that was the last I saw of him alive.
Cross-examined. Q. That was about an hour before you saw him with his throat cut, was it not? A. No; it was about twenty-five minutes to four, and it was about four, or it might have been a little after, that I went down stairs and saw him lying with his throat cut—this is a common bread knife—I had taken it in with the bread and butter a short time before—I had been with Mrs. Bell about ten months—she was always very kind to the little fellow—he was a healthy child—I saw her after this was done—she appeared wild—she was wringing her hands and throwing herself forward—she seemed like a person out of her mind—a few weeks before this I had washed a napkin for her, it was stained, but not much—I had never washed one for her before—I believe she is fifty-six years of age—she was clean in her underlines but she wore the same dress the whole time I was there—she did not change it—she was a very kind mistress to me—she appeared in a very melancholy kind of state—she would sit with her arms folded and not say anything to you—she would just walk up and down, and be in a very melancholy way—she would continue in that state perhaps for an hour or more at a time—she seemed to me to continue the same as usual—I did not notice her getting worse—I have observed this from the first time of going into the service—I cannot say how often I have observed her in this melancholy state—she would often be so, walking about in and out—latterly she was very fidgetty, and she would frequently be behind me when I was not aware of it—I would be standing doing something in the kitchen, and when I went to turn round I would see her behind me—I did not kuow that she was there—she would not speak—it would startle me to see her there—she gave no explanation for it—she has looked the same at those times—I did not notice anything particular in her more than usual—I did not say anything to her about it, because I did not take notice of it till this occurrence, and then it occurred to my mind—on the Thursday,
as the child was killed on the Saturday, I remarked to Miss Bell how fidgetty her mamma was when we were doing her bedroom—when I had put the blinds up she told me that I had done them wrong; I had done them right, and she would come and ask me why I did the stove in that way—I had brushed it with black-lead; that was the proper thing to do, but she was fidgetty, and says a thing was wrong when it was right—when I showed her how I had put the blinds she was satisfied—I could not have put them any other way because of the cords—it was impossible to have done them as she wanted—she never went out of the house the whole time I was there, not even in the garden—on the same Saturday that the little boy was killed I took some spoons into the room and dropped one, Mrs. Bell was apparently asleep, and my dropping the spoon disturbed her, she looked up very wild and asked me why I wanted to drop the spoon and disturb her from her sleep—I had never noticed her speak so crossly to me before—I observed a peculiar wild look about her, and I was glad to get out of the room away from her—that was about half-past three o'clock.
MR. DALY. Q. As far as the melancholy went, you say that it did not increase when you were there? A. I did not notice it—she used to teach the little boy his lessons—she was very kind to him in trying to help him with his lessons that he did not like—she would sit by his side trying to assist him—she used to come about the house, but not to give orders—if this occurrence had not taken place, perhaps I should not have noticed anything, but when this occurred I thought of these things—I have told all that I noticed—I thought it was very singular that she was cross when I dropped the spoon—I have dropped spoons before and she would take no notice, and I have upset the box sometimes and she would take no notice—she was fidgetty with me about the work—when I explained it she appeared satisfied, and understood what I said.
COURT. Q. Were you about the house between the time of leaving the room and going down and finding the boy dead? A. I was up stairs, at the top of the house, in the front bedroom—there are three storeys to the house—I did not hear any noise whatever, or any sound—when I left them in the breakfast-room they were on the best of terms—the little boy went to school at Croome's Hill, he would take his dinner' at school, it was too far for him to come home—he had been ill a little for a week before, nothing serious; but he had been to school that week—my mistress would sometimes take a book in her hand, but very seldom—when she did read, it was the Bible or Prayer Book—I do not think she read other books; I have not noticed it—lately she has not taken any book to read—we very seldom have visitors, and she would not see them if any came, unless it was any very particular friend—she kept to herself very much, and did not care to see any one, Miss Bell always saw the visitors—there was no one that she was in the habit of seeing in particular—we used to have family prayers of an evening, but Mrs. Bell would disturb us while Mr. Bell was reading prayers and tell me to draw the filtered water off, and tell me to take some little thing off the table, and it used to fidget Mr. Bell while we were reading prayers.
DAVID HOPE . I am a surgeon, of Hopetown Villa, Wyckham Terrace, Lewisham Road—On 11th May, about ten minutes past four, I was fetched by the last witness to the prisoner's house—I went down to see the boy directly; he was lying on the floor—this was after the father had moved him—a stream of blood had flowed from a wound in the neck from the
packing-case towards the cupboard—he was quite dead—the wound in the neck was the cause of death—it was a most frightful gash, extending almost from ear to ear in front, right down to the backbone—I saw a knife lying on the table; it was marked with blood; it appeared perfectly fresh; in fact, apportion of it was not congealed—I subsequently examined the body more minutely—in my opinion, attempts had been made to cut off the head after the wound was inflicted—I then went up stairs—I found the prisoner pacing the room and her husband following her, watching her—she was in a very excited state, moving backwards and forwards; she was not crying; the husband appeared also greatly excited, pacing the room in quite an agony—he said, "What are you going to do now? You have killed my child; what are you going to do to yourself?"—she made no answer; I should say she did not appear to understand what was said—she wished to go to a particular drawer—I said to her, "What are you going to do?"—I took hold of her hands to prevent her, and said, "What made you do it"—she replied, "He aggravated me to do it"—she asked for water or tea; I would hot allow her to have it.
Cross-examined. Q. I think I gather from you that the appearance of the prisoner caused the impression upon your mind that at that moment she was out of her mind? A. I should say she was not responsible—I have heard the evidence given by the servant about the stain on the napkin—I would not go quite so far as to say that indicated a change of life—women in respect of whom there has been a cessation of the menses, and then a sudden slight reappearance, are more subject to morbid action of the brain than at any other time—she had passed the average period, not by a considerable period; sometimes it will continue up to fifty-two, and this might be an exceptional case—she had passed the usual period.
FREDERICK FISHER . I am a general practitioner at Deptford—on Saturday, 11th May, I went to the prisoner's house and saw the dead body of the child—this knife was lying on the table, there was blood upon it, which was fluid at that time—I then went and saw the prisoner—I noticed blood on her dress—there was a wild appearance about the features, but she had then sunk into a sort of melancholy condition—she was not crying—I heard Mr. Hope's opinion as to the cause of death, and concur in it.
Cross-examined. Q. I think you had this unhappy lady under your surveillance for the next thirty-six hours after she was taken into custody? A. Yes, I saw her five or six times during those hours—I think it was about a quarter-past five when I first saw her—she then appeared like a person who was suffering from some aberration of mind—taking all the collateral circumstances into consideration, I certainly think she was not a responsible agent for the act she had done—she certainly had the appearance of a demented person.
SARAH ANN WORSLEY (re-examined). I believe there was nothing in the drawer to which she wanted to go with which she could have injured herself—I believe there was nothing there but clothes and her bonnet.
JOHN ROWLAND GIBSON (examined by the COURT). I am surgeon of Newgate—the prisoner has been under my observation here for a month—although I have not discovered any delusions under which she is labouring, I do not consider that her mind is sound—I consider her of unsound mind.
NOT GUILTY, on the ground of insanity. — To be detained until her Majesty's pleasure be known.
MESSRS. BOWEN and MORTIMER conducted the Prosecution; MR. COLLINS appeared for Bond, and MR. RIBTON for Nye.
JOHN COLLIS BUSSEY . I am a grocer, of 1, Royal Naval Road, New Cross—I have also a dwellinghouse at 6, John's Terrace, Milton Court Road, Deptford—Mr. Everlin is my ground landlord—in July last, Bond came to me with reference to taking that house—he told me he had come from the country, and gave me a reference to Norfolk—he said that he was a farmer, and had had a fire in the country and lost 1600l. worth of seeds, and he was not insured there—I entered into this agreement (produced) to let him that house—I saw him sign it; it is dated 1st August, 1866—that is the date on which he signed it—it is for letting for three years at 40l. a year—he had been about the house some time previously—I went down to Ramsgate, and he took possession within a week—I told him before I accepted him as a tenant, that I should require him to insure the plate glass in the shop window, and after he had taken possession he came to my shop and asked me several questions, and, among others, if I could recommend him to a respectable insurance office where he could insure his furniture—I told him I had an agent who did my business, and I would write to him if he liked—he said that he should be much obliged if I would—I did so, and the agent took the trouble to come from Chelsea to see him, but he was absent—the house in question is a corner house, one face is to Milton Court Road, and the other to Alexandra Street—the principal door of the shop is at the angle, but the private entrance is in Alexandra Street—the shop window looks into Milton Court Road, and one shop window looks into Alexandra Street—immediately behind the shop is a parlour with a window looking into Alexandra Street, and behind that are the outer buildings with a passage between them—the private door in Alexandra Street leads into a passage which is beyond the parlour; there is no fireplace, or flue, or gas in the shop, and there was no gas in the street at the time of the fire—one night, about 12.30, I was called up—I went to the house and saw a lot of boxes in one corner of the room, some were open, but most of them were closed—I saw some of them opened—I shortly afterwards went over the house with Mr. Liddiard, the surveyor, and the fireman in possession called my attention to the boxes—they contained bits of charred material like silk or lace—Bond was with me, and the surveyor, for a minute or two—the surveyor asked him how the fire happened—he said that he did not know—that was a few days after the fire—the surveyor asked him who he left in the house—he said that he left a friend of his to take care of it—Bond asked him if he was sober—he said that he believed so, but he said, "It is true I left him a pint of gin;" that was all the answer he made—as we were looking over the premises we saw a sack of shavings with a name on it at the foot of the kitchen stairs, the cellar stairs—that was two or three days after the fire.
Cross-examined by MR. COLLINS. Q. I suppose the firemen took possession of the place directly? A. I cannot say—I saw the premises a quarter of an hour after the flames were put out; the firemen were there then.
JOHN MITCHELL . I am an agent to the London Insurance Company—some few days prior to 22nd August, just as I was going into my house, 12, Douglas Street, Deptford, Bond came up, looked up at the house, and
said, "This is an insurance office, is it not?"—I said, "Yes"—he asked a few questions, and called on me again on 22nd August and effected an a, insurance—this (produced) is the deposit receipt, "Paid 10s. deposit," and this is the counterfoil—the insurance was 350l. on household furniture and machines for doing some light work, upon which he thought of employing females sewing machines, or something of that sort—he did name the machine, but I forget—there is "cancelled" written upon this deposit receipt—it has been delivered to the office since—the fire took place prior to the policy being sent.
WILLIAM CARTER . I am a telegraph clerk of 6, Milton Court Road excatly opposite one of the shop windows of 6, John's Terrace—on 28th August I came down late, and was attracted by the breaking of glass—I went into the parlour, looked out of the window, and saw smoke coming out of the shutters of the shop opposite—it was about one o'clock—I saw nobody there—I went outside, and a man and woman came from the shop, from the direction of the side door—I cannot identify either of them—when I first saw them they were near the middle of the road about halfway between the corner of the shop and the side door but I could not see the side door exactly—I said, "Ain't you going to fetch some one? "or something like that—they did not seem to endeavour to raise any alarm, so I thought I must, and ran off in my shirt sleeves to fetch assistance—I woman said, "Cannot you save that box? the fire is not at the back"—I got assistance, and saw the fire got under—when I came back there was a box in my garden—I was informed that Bond afterwards fetched it—he had his clothing on and his hat, and the girl had on a bonnet and a walking dress.
Cross-examined by MR. RIBTON. Q. Has it ever been your good or ill fortune to see a fire before? A. Yes, more than one, but not many—I have never been at the commencement, I have seen them at a distance and gone to them—there was nobody in the street except the man and woman—there were no policemen about—it was moonlight—I went off for a policeman or fireman—I went 300 or 400 yards before I met a policeman leaving the man and woman there—I left the man running towards the shop; that was the last I saw of him—that was immediately after she asked him to save the box—she said that loud—I did not see whether the side door was open—the box was saved, but I do not know how—when I got back there were a few persons round, but I was very busy getting water—I stayed till the fire was put out, about half an hour.
MR. BOWEN. Q. Did you go to the fireman? A. Yes; there was another fire at the same time a little higher up.
ELIZA CARTER . I am the wife of the last witness—on the night of the fire I came down from London by the twelve o'clock train, and went into the kitchen to have some supper—I heard glass breaking, and ran into the parlour and saw smoke coming from the kitchen to the shop—I ran out to the gate, and saw a male and female running in a direction from the side door, which I could not see—they stood in the road and looked on—I said to the female, "Do you belong to the shop?"—she said, "Yes—I said, "Is there any one else in the shop, cannot you save something? "and she turned round to the man and said, "There is that box the fire has not got to it yet"—the man then went towards the side door and fetched a box—I think he must have fetched it down stairs, because I heard a noise, as if somebody was dragging a box down the, stairs—I said "Put it here" and he put it in our garden—either he or the girl gave me
a black satin skirt, which I afterwards saw Mrs. Bond wearing; it was trimmed with velvet, and I remembered it again—there was no one to own the box, and it was taken inside our house, and remained there three or four days, till Mr. Bond came for it, and I gave to him—the man I saw in the road with the girl was a dark man—Nye is the man, to the best of my recollection—he had his hat on, and the female had a black bonnet on I think—they were fully dressed.
Cross-examined by MR. COLLINS. Q. Do you recognise the woman? A. No; she was young.
Cross-examined by MR. RIBTON. Q. Are all satin skirts alike? A. Well, when they have been worn a little time—there is no doubt the lady I saw on the night of the fire was not Mrs. Bond—Mrs. Bond had the skirt afterwards, or one just like it—it was black—it was put on my arm after the man brought the box down, and I looked at it next day—I gave it to Bond, and he took it away with the box—I did not see the man go into the burning house a second time, but he may have, as I took the skirt into my house, and did not notice him any more—my husband gave an alarm, I think he called out, "Fire!"—I was too alarmed to call out—the flames shortly afterwards came through the shutters, and over the fanlight.
JOSEPH WILLIAM EAMES . I am a telegraph clerk, of 15, Milton Court Road, Deptford—on the night of the me I came down by the 12.25 train—I was attracted by a breaking of glass—I went to my window and saw smoke coming through the shutter of the top window—I awoke my mother and another person in the house, and went out and saw a man and a girl standing about—they did not seem to be doing anything; they were not raising an alarm—I saw Mr. Carter, and went with him to get assistance within half a minute—when I came back nothing had been done to the fire, but I assisted, and after it was got out I saw the girl again—I did not hear Carter say anything to her—I ran off for a fireman with the policeman, and succeeded in getting one.
JAMES ALFRED TONG . At the time of the fire I lived at 11, Milton Court Road—I was awoke by the fire—I got up, looked out at the window, and saw flames coming over the fanlight—I saw nobody there—I dressed and came down, and saw several persons—a young man and woman were standing nearer the shop door than any one else—I did not see them come out of the house—I believe Nye is the man—I do not know the girl.
Cross-examined by MR. COLLINS. Q. Did you see Carter there? A. Not to notice him—I was carrying on buildings adjacent to the fire.
SIDNEY FOGDEN . I am fireman at the Watling Street Station—on 27th May I was attending a fire in Watling Street, and was called from there to a fire at 6, John's Terrace, Milton Court Road—I got there about 1.15—there was a fire burning—I procured assistance, and, after throwing water in, I forced the remainder of the doors open in the shop, and nearly extinguished it in front; I then proceeded to attack it at the rear of the building—I found the back door a little way open—I went in and found some things burning on the stairs, a crinoliue, a coat, and other things—the bottom of the stairs is close to the shop door—there was no fire in any other part of the back premises, and none in the parlour—I examined the back parlour after the fire was out, and found a heap of chip boxes—I did not notice what was in them particularly, there were some machines in the shop—I did not know what they were at the time, but have since heard that they were goffering machines—they were made of iron and wood, they looked in a broken condition, and the charred wood had fallen
against them—I did not examine them minutely—I went up stairs to open the front window to let the smoke out—the room was empty—I found a bed on the kitchen floor; there might be some other furniture; and in the side front room there was a bedstead with palliasses on it, without bedding—and there might have been a chair or two, but I did not stop long, as there was a great deal of smoke about the place—I did not particularly notice whether the bed had been slept in, but I do not think it had—I did not examine the shop to find out where the fire broke out, because I gave charge to Mr. Hamlin—I was glad to get a little fresh air.
Cross-examined by MR. RIBTON. Q. Did you hear any person calling out for pails, that water might be brought? A. Nobody but myself; I asked several neighbours who were standing about: some of them laughed at the idea of putting the fire out with a pail, but at last one did lend me a pail, there were not a great many people when I arrived there.
MR. MORTIMER. Q. Did you ask whether any one belonging to the house was there? A. No.
WILLIAM HAMLIN . I am foreman of the Fire Brigade at Lower Kennington Lane—on 27th August, about 2.20, I was called to a fire in Milton Court Road—I found Fogden there (I had sent him to Walpole Street previously), the fire was out when I arrived—I saw the remains of a few machines in the shop, everything else was consumed by fire—I could not tell where it had first broken out—it was confined to the shop—I saw in the parlour behind the shop a confused heap of cardboard boxes and paper—I did not see anything inside the boxes—I did not move them, but interspersed with them were some pieces of burnt lace and light material—the boxes were not burnt—I saw some loose shavings lying at the bottom of the stairs, and a bag of shavings directly underneath—I went up stairs and saw a bed on the floor—I cannot tell whether it had been slept in—I could not find anybody belonging to the house—there was no fireplace or gas in the shop, the shop was too much consumed for me to tell whether there had been any stock.
WILLIAM HENRY DAYMAN . I am a fireman at Rotherhithe station—on 28th August, from 2 to 2.30, I was put in possession of the house 6, John's Terrace, by Hamlin—I examined the place, but can form no idea of where the fire originated—I took care so long as I was in charge that nobody interfered—I gave charge to Trimmings—Bond came at about 6 o'clock on the morning of the fire, while I was still in possession.
ALFRED TRIMMINGS . I belong to the Rotherhithe station—I went down to the premises where the fire was, and was placed in charge by Dayman—my opinion is that the fire originated in the part of the shop facing Milton Court Road, under the bench where the instruments were.
Cross-examined by MR. COLLINS. Q. Were the instruments made of iron? A. Yes.
JOHN ROMSEY . I am an auctioneer and surveyor, and live at Hackney—at the end of last August, a person named Hayho came to me, and in consequence of his communication I went to Bond's house in Milton Court Road—I looked over the premises with a view of surveying on his behalf, and talked to him about the machines in the shop; they were goffering, quilling, and other machines—he answered my questions; I was not fully acquainted with them, and asked him for what purpose they were used; he said he did not know—I said, "They are a sort of thing I am not acquainted with; what are they used for?" more especially in the spoilt state they were—he said, "They are quilling and goffering machines"—I said. "I
shall not be able to make your claim out on this, unless you give me some information; where did you buy them?"—he said, "I do not know"—I said, "Can you show me a quilling machine from a goffering machine?"—he said,"No"—I said, "I cannot make out the claim, I must call in some assistance from the trade," and he referred me to Mr. Hayho, who knew the value of the goods and their purpose, as he had been in the line, and was a friend of his—I said that the fire was quite a trifling affair to what I had been led to believe; I expected I was called to a very extensive fire; he said it would have been a very good fire both for me and him, as far as my fees went and his case went, if he had not been led away, and made a d—fool of himself, by not being allowed to pursue his own course, or have his own road over the business—I asked him how that was—he said, "I have been led to pursue the course I have by the party who provided the goods; had it been left to me, had I done the job myself instead of trusting it to a fool, I should have left a door and a window or two open to give it a good draught, I would have had it down"—I said, "Practice makes perfect; the second will be better, I suppose"—he said, "Oh! by G—this is the third"—I surveyed the house and sent the claim to Mr. Perry—I never saw Bond afterwards.
Cross-examined by MR. COLLINS. Q. How long have you been an auctioneer and surveyor? A. Eight years in Shadwell, twenty-seven years altogether—I keep books, and enter in them mostly any business I have—I entered this in my books—I was called to this house at the latter end of August or the beginning of September—I have not got my books here—I attended there for Mr. Bond three times, perhaps four—the last time was within a week or ten days of the fire—I got the claim made out in a week or ten days—the date is stated on it—it was on the first occasion he said that it would have been a very good fire, but he had made a d—fool of himself.
Q. By that you understood him to mean that he had wilfully set fire to the place himself? A. I give you his words; it is no use your asking my opinion, the man was my client; you want facts, you do not want opinions—I considered it looked very suspicious, and that must do for you.
COURT. Q. You are assuming judicial functions; did you or not know from what he said that he had set fire to the house? A. I felt convinced that he knew all about it—I answer that by your direction.
MR. COLLINS. Q. Did you mean that the second time he set fire to a house he would do it more neatly, when you said, "Practice makes perfect?" A. Yes, I meant that—I never saw Mr. Perry on that case, I had met him years before—I have known him over twenty years, and I saw him when I sent the claim in—that was after this conversation took place—I did not give the claim to Bond, I sent it by post or by hand to the insurance office—this is my claim (produced)—Bond was before the Magistrate in May; it was a few weeks ago—I was not examined, but I saw the solicitor to the insurance company, who made some memorandums from my evidence.
Q. Did you tell him all the truth? A. I am on my oath—don't tell me about all the truth; I have taken an obligation here; I was sent for on Saturday night, a message was left at my house, that I was wanted at John's Place concerning a fire; I did not arrive at home till three o'clock on Saturday morning, after an arduous day's work, I was up at seven, and by ten o'clock T was in Greenwich Police-court, and there was a memorandum taken at the moment of my evidence, without reference
to my boots; it was from memory: that was the only notice I had of it, and that is all I can remember—I knew nothing about who wanted me—I did not make a memorandum of the conversation between me and Bond, or any entry of it on paper—I did think it strange that a man who employed me to value goods for a fire company should make a confession of arson to me; they do not always do it—I hare been employed by many people to value goods, but recently I have retired from it rather; I have other business to attend to; I have done largely in it, and have communicated with many insurance offices.
Q. Why, after hearing this man confess that he had set the place on fire, did you make out an inventory and send it to the office? A. I made out the value, I assumed no judicial functions.
Q. Did you think it consistent with the conduct of an honest man noj going to the office at once and telling? A. Do you always do so with your clients?—I consider my clients' interests mine, that is my answer, and so it is yours. (The COURT informed Hie witness that he would be committed for contempt of Court if he continued to answer thus.) The man was my client, and until I was compelled to speak I had no right to betray him.
MR. BOWEN. Q. Is that what you mean, that because the man was your client you did not give information to Mr. Perry? A. Most assuredly—I agreed with Mr. Perry that there was the greatest suspicion about the fire, he said that it was a very suspicious fire—I said, "I perfectly agree with you, but I do not see that you have got enough to prosecute him on, I should like to see the thing wound up, that we may get out of it as qnick as possible; you have known me twenty years, and never knew me to be mixed up in a dirty action"—I was sent for by the solicitor for the prosecution, and told him in substance the evidence I have given to-day—I mentioned to him that I had had this conversation; witnesses were being called, and it was the work of a moment for me to tell him what I had to say, and it was Saturday.
JAMES SMITH . I live at Southsea Buildings, Southwark Road—I relieved the fireman at six o'clock in the morning after the fire, and the foreman showed me over the premises to show me what I had to watch—I had no conversation with Bond—he was in the house next morning—I was there sixty days altogether—during that time I talked to Bond several times about the fire—he said he had left somebody in possession while he was gone to Norfolk, and he did not know where the man was or where to find him—the neighbours had told me something, and I said, "There was a female here with the man that was in possession"—he said, "I left no female here when I went away"—on the first or second night after the fire some goods were brought there, and I helped to move them out of the van—some short time afterwards I said to Bond, "I will tell you what it is, Mr. Bond, you will never receive any insurance without you find the man who was in possession at the time of the fire"—he did not say before I went whether he liad found him—he came home one night and said, "I cannot find him, perhaps he has gone to Norfolk for what I know, he is a countrymau of mine"—nobody that I have seen here came to the house.
ELZABETH HUTCHINGS . I am single, and live at 8, Bed Lion Street, Clerkenwell—in September or October last I became acquainted with a person named Hayho, and shortly afterwards went to his office, 10, Baaing-hall Street, where I made the acquaintance of the prisoner Nye—Hayho introduced him to me—I met Hayho and Nye at my house the same night;
they spoke about the fire, and several other fires—Nye has told me that he keeps a general shop, and sells beer and all sorts, in Bromley—they spoke about a fire at Bond's, but I did not know Bond, and did not pay particular attention—Hayho said that it was a bad job, and asked Nye how he thought it would end—this was some time in October, about three weeks from the time I first saw Hayho, and before I was introduced to Bond—the conversation was chiefly about my being put into business—they conversed about fires—I do not recollect the particulars, but they made a jest of it, and seemed to be merry, and said that the money was coming—I afterwards met Nye and Bond at my house, not Hayho—I went down to Bromley with Hayho to see Nye, and saw him there—I went there to complain of Hayho not putting me into business as he said—they were taking some refreshment together, and Nye said, "I think she is a good one, and will go through it," meaning me; and Nye said he wished he had got a little money; he had got plenty of stock in his shop to go into two or three places—I was to meet Nye next morning at the Bow station to go with him to search for a house; I promised to do so, and Hayho said in Nye's presence that I was to state myself to be a crinoline manufacturer—I promised to meet him next morning, and did so—Nye was there; he he said we were not to walk together, he would walk first, or I would walk first; we were going to Stratford New Town, and we must not be seen together, for he had had a fire there six months before, and it would not do for him to be seen with me—we came to a house where there was a card in the window, "A house to let"—we made inquiries, and it belonged to Dr. Sweeting—I went to him and came back and spoke to Nye—I told him that I had taken the house, and inquired the terms, and all was satisfactory, and Dr. Sweeting would like a reference—I said, "It is a good house"—he said, "Yes, it is in the corner and could not stand better," the house was at Stratford New Town, by Bromley—after some further conversation concerning fires, which I cannot recollect, Nye asked me if I had ever been to the Surrey Theatre; I said, "No"—he said he should want me to go there some windy night, when the house we had taken would soon come down—he said, "Choose a windy night, old girl"—I said, "Then I suppose you mean to have a fire here?"—he said,' "I suppose Hayho has told you all about it"—I said, "He has not;" he has given me to understand that I was to have some machines there and to put a card in the window, and style myself a crinoline manufacturer, but I was not aware that a fire was to take place"—on passing the Phoenix Office, Nye said, "There, girl, there is the office where you will have to go and insure"—I took the house, but did not take possession—I did not go there—I had not been introduced to Bond at that time—there was a conversation in Nye's presence about a fire in Nye's house before I was introduced to Bond, but I did not feel interested in it, and did not bear it in my mind—on the second day after that Nye brought Bond to my house, 2, Napier Street, Deptford, and introduced him as Mr. Bond, the man who had had a fire in Milton Court Road, Deptford—Nye said he had been to Bond's, and there was not sufficient furniture there, as Hayho had represented, to go to this house which I had taken in Stratford New Town—I afterwards had conversations with Nye and Bond almost daily about Bond's fire—after we were at Stratford I went to see Mrs. Bond, and she supposed that I was really going to take the house to set fire to it—Bond and Nye inquired of each other what they thought of it, whether it was a bad job; and Bond inquired whether he
must keep quiet—Nye said that he must, for he thought he had better not come forward—nothing was said about the insurance—they also said that Mr. Perry had some suspicions about the machinery, and did not feel satisfied about paying them—I met them on different occasions at my house, and Nye told me that he had set fire to Bond's house, and that Bond had employed him, and that he was going to give him 30s. a week—he said that all had been prepared by Hayho, it was one of Hayho's messes; he had spoiled the thing—Nye said that he knew all about it, it had been arranged between them, and that Bond went to a coffee-shop by the Monument to sleep the night, and that he was to be at Bond's house to set the place alight, and was to go to the coffee-shop next morning—he mentioned the girl, and I wanted to know who she was—I had not seen, her then—he said that all preparations were made, and they had a bottle of gin and enjoyed themselves, and that after Bond left, he went into the shop and set light to it—I asked him what girl he meant, but I do not recollect his answer—he told me that a girl was in the house that night with him, that Bond had supplied a bottle of gin, and the bottle was left on the floor—I asked him how the girl came to be with him, and whether her parents were willing—he said they had known him some years, and would trust the girl anywhere with him; she had been out with him before—Bond was not there then—I went afterwards to his house and he to mine—he said he first went into the shop and set alight to that, and that there were machines there, but I cannot tell you the conversation—when Bond was present on another occasion Nye said he did not know how he should manage him—he wished him to go to Bromley—Bond said, "Oh! you must go into the country, the same as I did"—he said that him and Mrs. Bond were supposed to go into the country, but they went and slept at a coffee-shop at London Bridge, near the Monument—Bond said that Nye was there for the purpose of setting the fire off, and that the morning after the fire Nye came to the coffee-shop where he was sleeping; I understood him to say about half-past six in the morning, and told him that the fire had ccurred—Bond said that Nye had not done it to his liking, and Nye said he would do it better next time—the lace was shown to me—the first night I saw Mrs. Bond, a Sunday night; she showed me all the pieces of lace and a piece of silk—everything was said to be sent there by a man named Hayho, but they would have nothing more to do with him, when they got over this they would have a job by themselves somewhere—the lace was spoken of in Bond's presence up stairs—pieces of silk were Binged, and singed in large folds, but it had not been burnt altogether, and I said, "How remarkable!"—they said I was to have some pieces of lace to make up for bonnets—the lace was slightly marked—they said it came from Hayho's, and had been singed in another fire—I asked them where the lace was, and they said, down in the shop—I saw Bond and Nye continually, and had several conversations with them about the fire—Bond said that Mr. Perry should tell him they would not pay until the man who slept in the house the night of the fire was brought forward—Nye was there when he said that—on one occasion Nye, Bond, and I went down to Bromley together to meet Hayho; at least I went with Hayho, and Nye and Bond met us there—we came across a fireman named Jones in a public-house, but I did not hear the conversation between them—we were all inside—I do not recollect going out until we all left together—Jones left first—he had drunk with us inside—we met him outside—Hayho or Nye asked him in—I think Hayho—nothing passed particularly about the fire—the interview
at my house on Saturday was after the visit to Bromley—Mr. and Mrs. Bond and Nye were present—it was Jones said Mr. Perry had refused to pay till the man was brought forward—I believe that was at the latter end of September, and it was in October we went to Bromley—they said the office would not pay, and they did not know what they should do—Bond said that as they seemed to want to see the man who slept in the house, would it not be better for Nye to go forward, and it was arranged that he should go on the Monday morning to the office—he was to meet Bond promiscuously on London Bridge—Nye said it would be better for him to shave off his moustache—when the arrangement was made for him to go Nye said, "D—it, old boy, I must not go as Nye, I shall go as Noble"—he did not say why he should take that name—he said that I was to go to 1, Victory Street, Dockhead, to represent myself as Mrs. Carrow, should any one come from the office to inquire—Nye and Bond had arranged to meet each other on London Bridge in sight of a police constable, and to take notice of his number, and bring the constable forward, that it should look like business—it was arranged that Nye was to say at the office, if they asked him, that he was a single man, living on his means at Victory Place, Dockhead, and that sometimees he was at home and sometimes out; that he bought and sold again, and was sometimes away for weeks together, and that he was the man who slept in the house on the night of the fire, and that, owing to some words and blows between him and Bond, he had disappeared, and kept out of the way, because Bond had rascallied him like a pickpocket, and that he was not aware when he went to the office that Bond was insured; otherwise he should have come forward before—I went on the Saturday with Bond and Nye to 1, Victory Place, and saw, Mr. and Mrs. Carroll and their daughter Mary; and Bond told me then that Mary Carroll was the girl who was at the fire—Nye was not present then—I went to Victory Place, Dockhead, on the Monday, but nobody came from the insurance office—I saw Nye again about the middle of the day (Bond was not there)—he said that he had been to the office, and he inquired if anybody had been from the office, and asked me and Mrs. Carroll if we saw any difference in him—we said, "No"—he said, "Cannot you see that my moustache is taken off?"—he said he had been to the office and represented himself as Mr. Noble, and he thought the office was now satisfied and the money would be paid in a few days, and he wished he had gone forward before; that they asked him what his occupation was, and he said he bought and sold, and was sometimes out and sometimes at home; that he was single and had lived there upwards of two years, and he left his address, 1, Victory Place, Dockhead, if they wanted anything further—he is not single; he is married—I went home to my house that day, and Mrs. Bond was there; Bond came in in the evening, but not Nye—they said that they were glad Nye had gone forward, and they thought all would be right in a few days—I saw Bond and Nye again the next week—Nye told me the office had paid 50l.—I believe they had notice of when the office was going to pay; Nye came in, and Bond went home—Nye said that Bond had got 50l.; it was a small sum, and he regretted it was not more, and he should not ask him for anything, and he thought all parties ought to keep quiet till something fresh turned up—I only saw them once or twice, I think, after that—I have not always gone by the same name; my proper name is Freer, but I go by the name of Cousins—I have since this, and before I gave information, several times applied for money to Nye, but have received
none—he has told me if I was in want of money to write, and I threatened him in letters, but not meaning that I would expose him on account of the money—I did not give information till May 1st—I spoke to Mr. Buzzey about it; I wrote to him in March.
Cross-examined by MR. COLLINS. Q. How many other names hare you gone by? A. Two, Cousins and Hutchins—I was Mrs. Cousins; there was no Mr. Cousins—I am a dressmaker, at 2, Napier Street—I have lived there in apartments over twelve months, and by myself all the time—I carry on the dressmaking trade there, and nothing else—I live on the pay that I have from the dressmaking trade, and from the support that I have from the father of my little boy—I was never married—my child is with me—I said that I lived alone; you would not count my child as one—I have known Bond since about October—the first time I ever saw him he as good as told me that he had set fire to the place—it surprised me rather—I have never been engaged in any of these sort of things—I thought it was a very wrong thing—I did not give information to the police—I knew they were trying to get money from the London insurance office—I did not go to the insurance office—I took the house at Stratford New Town of Dr. Sweeting, in the name of Mrs. Hutchins, in October—there was no agreement—I saw him twice—I was to pay weekly—I have not seen Dr. Sweeting here to-day—letters passed between me and him—I did not know when I took the house of him that I was to have it burned down; I swear that—I thought I was to take it to carry on the trade of a crinoline manufacturer—crinolines have not quite gone out, but the trade is not so good as it was—Hayho is not here—I do not know that he still carries on business in Basinghall Street—he was going to supply the stuff to make the crinolines—I had never made any before, but I was to go there and make them without previous experience; I had been used to dressmaking, and have made plenty of crinolines for myself and other people, but I have never done it in any trade—Bond was to find the furniture for the house, and let me live in it—I was not to pay him anything for it—I got to know afterwards that it was to be set fire to; I heard that on the way to Hayho's office, two or three days after I had taken the house—I thought it very strange; of course I knew that it was very wicked and very wrong—I did not tell the police: I agreed to it—I should not have consented that the house should be burnt down, but I did agree to it—if the things had been put in, then I would not have allowed it to be burned down; I would have given information to the police or to somebody; and I should have kept the machines and the furniture—they have deceived me very much indeed—I befriended Bond when he had nothing to eat or to drink—I asked them to lend me money, and they refused—I threatened that if they did not give me money I would expose them to the uttermost, and said that I was going to a situation in Clerkenwell, as housekeeper, and that I had "not done with that other beauty"—that was Hayho, he is the biggest beauty or the biggest rogue—I also wrote, "Not hearing from you in reply to my appeal to you, I beg to state that to-morrow I will surely go to Mr. Buzzey, and tell him everything I know respecting you and Bond, wrecking you all in the most foul of d—dissipation"—I suppose that was a slip of the pen—I have no knowledge of writing, "I made them a fair offer to lend me 6l., and I would pay them like a brick, and I would not say it unless I was bent upon what I say I am"—I do not recollect writing, "The office will look after me; nobody studies me after all this"—I have some recollection of part of that letter, but not the other
—my memory is not bad—if it is there I will willingly admit it—I do not remember about the 6l.—I wrote, "I have been grossly deceived by you all; there is this Mrs. Bond, a paltry sinner, has caused a great disturbance with my friends at my house"—she had insulted my friends, and I did not like her—I did not complain that Mr. Bond was strutting about with a gold watch—there are some expressions I recollect and some I do not—it was Mr. Nye who was strutting about with a gold watch—I do not know whether the girl Cowell is here—I saw her some time in May—she was at Victoria Place then—Bond often saw me—I was never at Stratford New Town except on two occasions—he visited me at 2, Napier Street—Mrs. Brice was my landlady there—she is not here that I am aware of—I occupied two rooms on the ground floor, and a Mr. and Mrs. Smith lived up stairs, besides the landlady—they are not here that I am aware of—Nye came six or seven times, and Bond almost daily, because Mrs. Bond was there—he generally came in the after-part of the day—when I could not get any money I told my master, Mr. Smith—he is not here—I told him soon after I left—I left on 11th February—I was applying for money about that time—Mr. Smith is an invalid, but when he is well he is foreman to Mr. Bracebridge—he is a respectable man—I told him in February a great deal of what I knew of this transaction—the first time I gave information to Mr. Buzzey was some time in March, and also in October, November, December, January, and February—that was because I could not get the money—I will not swear that I told Buzzey for any other reason than because I could not get the money—I knew the fire was to come off at Bromley, and I was determined if I exposed myself to expose them—if they had paid me the money my conscience would not have been satisfied, because I never intended the fire to come off—if I had had the money I should have given information—it had been a secret a long time—I wanted money and I threatened them—if they had given me money I would have told all the same, but I did not want them to give me money, my conscience was awakened from the first, when we went to Stratford—I went to Mr. Buzzey on the second occasion and did not tell, because I considered Hayho's wife and children, and I could not tell; I felt for him—that was really part of the reason, and Mrs. Bond told me that Nye was keeping her—I did not feel jealous of this girl, because she was living with her parents—I should have exposed them, but I took a long time.
Cross-examined by MR. RIBTON. Q. Have you ever gone by the name of Wood? A. No; I know a party of that name: he did not visit me exactly, he came to my house once in two or three months perhaps—a person named Peck served me with bread—he used not to come to my house on other occasions—he came daily to serve me with bread—he has not been in the habit of visiting me, only on one occasion, that was at night—they do not generally bring bread at night—he did not stay all night—I swear that—I never went by the name of Bicknell—I know somebody of that name who visited me often, but has not lived with me—my child is six years old—I have known the other persons whose names I have mentioned since—I took the name of Hutchings through some disagreement I had with the landlady where I lived, and at the same time I understood that, a young man who I formerly engaged myself to having got married, it would have done me harm, and that induced me to alter my name—I have known Hayho since the latter end of September, or the beginning of October, and have been very intimate with him—he introduced Nye to me—
the first time I knew Nye was in October, and Bond the same month—I was not very intimate with Bond: I was intimate with Nye—it is not very likely that I am the girl that slept in the house that was burnt, or else I should not appear here—I have seen the girl since—I was lodging at 2, Napier Street, Deptford, in October—it is a private lodging—I was a dressmaker there—Hayho came there several times; I cannot say how many—he first visited me about a month from the time I first saw him, and a fortnight or three weeks before I first knew Nye—I first met Hayho at New Cross Station, and after that he came to visit me three or four times—he brought Nye with him, and Nye brought Bond—no one was in the habit of visiting me—I cannot say how many did actually see me; I was not without friends, no more than other people—I do not think anybody but Hayho was present at the conversation between Nye, Bond, and myself in October—I understand that Hayho is at 10, Basinghall Street—no one introduced Buzzey to me—I did not meet him at a station, I lived within five minutes' walk of him—I wrote these letters to Nye during the time I knew them—I cannot say that I received visits exactly—it was only Bond coming with Nye and Hayho—I do not think they ever came all three together—when Hayho came he was generally alone—I do not remember the three ever being together at my place—I do not know whether there is anybody here from the house where I lodged—I was in the habit of asking Nye for money before I wrote to him—he left 1s. on the mantelpiece on one occasion, and he gave my little boy something—I have asked him to lend me money, and said that he could have anything that I had in my possession till he had the money back again.
MR. BOWEN. Q. You say that you lived on the ground floor when Nye used to come to see you? A. Yes, my window looks into the street, and by looking I can see who is coming up and down—I used to let Nye in—I cannot say whether my landlady ever saw him there—I went to give information to Buzzey, because I knew he was the landlord of the house—I never took possession of the house in Bromley, because I did not feel disposed—I altered my name altogether, I thought I would cut their company altogether—at first I thought I would get the things and not set it on fire—Mr. Smith is my master now—he is an invalid—I do not know what is the matter with him.
WILLIAM JONES . I am superintendent of the West Ham and Stratford Fire Brigade—on an afternoon in September last, in passing down the Stratford Bridge Road, Stratford, I met Nye, the last witness, a small man, and Hayho—I saw them together, and went into a public-house with them; I had a glass of ale with them. (This evidence being objected to as referring to matter subsequent to the fire in question, MR. JUSTICE WILLES, referring to a case decided by himself said he would not receive evidence relating to subsequent fires; he would admit evidence of previous fires occurring in houses occupied by either of the prisoners, not with a view of going into the character of those fires, but merely for the purpose of excluding the notion of accident in the present case.) In the year 1866 I was called to a fire in Chatsworth Road, Forest Grate—I have the report I sent in next morning; it was in January or February—it was about a quarter to eight on a Sunday morning when I received a message and was called to the fire; it was at a chandler's shop—I saw the prisoner Nye there after I got the fire out—I learnt from him that he was the owner of the house; his wife was there in the back parlour—Nye told me he was going to make a claim on the Home and Colonial office.
Cross-examined by MR. RIBTON. Q. Was it a large house? A. A five-roomed house, I believe—I saw no lodgers—I left a man in charge.
JOHN PERRY . I am an assessor of losses by fire to the London Assurance Company, and live in Blomfield Street, Finsbury—I remember the fire occurring in Milton Court Road—on 28th August I went to inspect the premises—I saw some goffering machines and winding machines in the shop—they were incomplete, not in working order, apart from the injury by the fire—I saw sixty burnt cardboard boxes in the back parlour; also a deal box about three feet long and twenty wide, full of cuttings of various sorts, burnt; nothing perfect, all pieces—the box itself was not burnt—in the basement I saw two sacks of shavings, one partly emptied out and strewed about under the stairs—on 1st September I received a claim from Mr. Rumsey with respect to the premises—this is it—it is for 155l. 10s.—they were insured for 350l.—Mr. Rumsey called with the claim, but I never went into any settlement with him—I told him, from what I had seen, that I was not satisfied with the appearance of the place, and he said he would not be answerable for the claim, he merely left it with me; I did not see him after that; he did not come by way of getting a settlement or anything of the sort—on 11th September I made inquiry among the firemen; I made inquiry where the machines had come from—I went down to the house on the morning of the fire—I did not see Bond that morning; I saw Mrs. Bond, and Bond called on me the following morning—I asked him the cause of the fire; he could not tell me anything about it—he told me he had slept at a coffee-house in Fish Street Hill that evening with his wife, intending to go to Norfolk next morning, and that he had placed a person in charge of the house while he was away—I asked him to produce the person—he said he could not find him; he had not seen him since he had come to inform him about the fire in the morning—he called several times afterwards, and never could produce Noble, which was the name he gave—on 15th October he called, and I told him that he would not get his money without producing Noble—in November he brought Nye, and introduced him as the man who was on the premises on the night of the fire—I asked him if he could account for it—he said he could not—I asked if he was in bed at the time of the fire—he said, yes, he went to bed about ten o'clock, and was awoke about one in the morning by the fire—I asked if he was alone in the house—he hesitated at first, but afterwards admitted that he had a young woman there to sleep with him—I asked him what he was—he said a commission agent—he also told me the same tale about Bond going to Norfolk, leaving him in charge of the house, and that he went to Bond next morning to let him know of the fire—Bond told me that the reason he had not brought him before was that they had had a quarrel, and that he met him accidentally on London Bridge and had brought him on to me—Nye was present when Bond said this—Nye gave an address somewhere in Dockhead; I don't think it was written down; our clerk can tell you; he was present on pretty nearly all the occasions; to the best of my memory it was on 9th November that Bond and Noble called—I think the money was ultimately paid in December—this is the receipt—it is dated 9th November—it is for 50l.—this is the cheque, with Bond's endorsement—it was paid to him—it is dated 9th November; the manager paid him—I asked Bond if he had not had a fire at Greenwich; he said, "No"—he told me he had had two fires in Norfolk, but he was uninsured.
Cross-examined by MR. COLLINS. Q. T understand the insurance company are not prosecuting? A. No, they have nothing to do with it.
EDWARD HOLPIN WOODS . I am clerk to Mr. Perry—I remember a claim being made with regard to this fire, and I had several interviews with Bond on the subject—on 11th September he called to ask when the business would be settled—I had several interviews with him after that—on Monday morning, 15th October, he called with Nye, who he described as Noble—he had no moustache then—I know it was 15th October, because I put it down in the diary—he said that he and Bond had fallen out on the morning of the fire, because Bond accused him of having set fire to the place, that they had high words and came to blows, when Nye was so disgusted with Bond's treatment that he was determined not to speak to him again, that he happened to meet Bond promiscuously on London Bridge that morning, and Bond asked him to come on to the office, because they would not pay his claim until he produced the man who slept in the house on the night of the fire—he said that was the first time he was made acquainted with the fact that Bond was insured, and to oblige him and get him out of the difficulty he would come forward—he said that if Mr. Perry was not satisfied of his respectability or with his story, he was to go to Victory Place, behind the Feathers, Dockhead; I fancy he said No, 7, I did not make a note of the direction at the time, Mr. Perry took it down, it was at a Mr. Carroll's—Bond called subsequently to that, I think it was three or four days afterwards; that would be about the 19th—he said that he was getting sick of the business, hanging about, and offered me 20s. if I would get the claim settled for him—while Bond was there a person named Appleby came in, and said he had been told by a stranger named Voy, that we had some goffering machines for sale at New Cross—I had previously made inquiry of Bond as to where he had got these machines—he said he had been introduced to a person named Matthews, who had introduced him to a person he did not know, to buy them—he said he had given considerably over 100l. for them, but they were worth 200l.—on that same day, afterwards, I saw Bond, Appleby, and Hayho walking down Moorgate Street, in earnest conversation—on 20th October Bond called and said he had received a letter that if he offered Mr. Perry 10l. he would settle the claim at once; he made a further offer of 20s. to me—I accused him of being in Hayho's company—he said he had never seen Hayho before that day—I told him that I could account for his conduct in offering the money, after seeing the company he was in—I then asked him again respecting the origin of the fire, and he told me the same tale he had before, that he did not know—I asked him if he had had any other fires—he said only one, in Norfolk—I asked if he was sure of that—he said, "Yes, I can call God to witness that was the only fire I have had"—I then said, "The fire in Norfolk, I suppose, was before the one you had in Market Avenue, Greenwich?"—he was completely taken aback, and was going to deny it at first, and then he wanted to know who told me—I declined telling him—he then said he would go back and be the death of the fireman—he referred to the fireman Smith, the witness—I told him he need not do anything of the sort, for I did not get my information from the fireman.
Cross-examined by MR. COLLINS. Q. That was all before the 9th November? A. Yes, and on 9th November we paid the money.
in Market Avenue, Greenwich; I don't know whose premises they were—I did not see either of the prisoners there.
JOHN NICHOLL (Policeman). I took Bond into custody on 10th May—I took Nye into custody the same night—I read the warrant to him—he said, "I have been to the office and told them I was the man that slept in the house the night of the fire"—I found three letters on him, which are appended to the depositions.
EDWARD JAMES TICKNER . I am a clerk in the Sun Fire Office—I produce some papers from the office respecting a fire in Norfolk—I produce two claims—Mr. Trotter, of Downham Market, was the agent at that time; he is dead—this receipt is in Bond's writing—I have the surrender of his policies among the papers. (The receipt was dated 14th March, 1859.) I produce documents with regard to a fire in Market Avenue, Greenwich, in March, 1864—I have a receipt dated 1st April, 1864—I did not see Bond on the subject of that fire; I never saw him.
CHARLES FURNIVAL . I am a member of the firm of Davey and Furnival, tobacconists, of Whitechapel, and am agent to the London and Liverpool Insurance Company—on 5th March, 1866, Nye came to me—I did not know him previously—he said he wished to insure his place; he had seen Mr. Davey on the previous Sunday—I said I was an agent for the London and Liverpool, and he could not do better than insure in that—he said he wished to insure at once, if I liked, he would a deposit at once; he did so—he insured for 300l. on one house, in the name of Thomas Nye, 4, St. Leonard Street, High Street, Bromley by Bow, and paid 10s. deposit—I gave him a deposit receipt, of which these are copies—he also effected an insurance upon another house for his brother-in-law, named Alexander Ashford, for 300l., of 38, St. James Street, Green Street, Bethnal Green, and paid 10s. deposit upon that—I saw him again the day after—I saw him first looking in at the door—he came in and said a very unfortunate circumstance occurred last night, there had been a fire at his brother-in-law's—I said, "Why, you don't mean to say at the house you insured yesterday?"—he said, "Yes"—that was 38, St. James Street, Bethnal Green—I subsequently wrote and informed him that the proposals were not entertained—I paid him back one deposit, on his own insurance, he would not take the other—no claim was made through me; I never saw him afterwards.
JOHN CROFT DEVEREAUX . I am solicitor for the prosecution—I have made inquiries for a Home and Colonial Office in London—there is no such office for the purpose of fire insurance; there is for marine; it is amalgammated wth the Northern—I have made inquiries for Mr. White, the manager; I have not been able to find him; I was informed he was in Scotland.
COURT to W. JONES. Q. You met the girl Hutchins with Nye and Hayho, and another man, who was the other man? A. I do not know, I should not like to say that it was either of the prisoners.
GUILTY. Recommended to mercy by the Jury. BOND— Seven Years' Penal Servitude. NYE— Five Years' Penal Servitude.
Before Mr. Common Serjeant.
MESSRS. POLAND and O'CONNELL conducted the Prosecution, and MR. LILLEY the Defence.
MARY EDWARDS . I am the wife of George Edwards, of 161, New Kent Road—on 27th May, between seven and eight in the evening, the prisoner came for an Evening Standard, and gave me a bad shilling—I broke it in two—I told him it was bad, and he said he had it from an omnibus conductor—he took the pieces and paid me with good money.
Cross-examined. Q. Had you seen the man before? A. Not to my knowledge—he was only there for an instant—it was on a Monday, and I identified him the following Wednesday at the station—I picked him out of a dozen men.
ROSE CAPERN . I am the wife of George Capern, who keeps the Prince of Wales beershop, 185, New Kent Road, about two minutes' walk from the last witness's—between eight and nine on 27th May the prisoner came for half a pint of beer—he gave me a shilling, which I placed on a shelf by itself—after that he had some more beer and tobacco, for which he paid me in coppers—he then called for a cigar, for which he paid me with a shilling—I tried it and found it bad—I told him so, and he said he had taken it at the Grown and Anchor public-house, and he would take it back—he snatched it up—I then looked at the one he had given me previously, and found that was bad—I told him so, and he muttered something and walked out—he was brought back and given into custody.
Cross-examined. Q. Is not Monday evening rather a busy evening with you? A. No—I was not busy then—when the prisoner came in he seemed a little stupefied, but he was not tipsy—he remained about twenty minutes—I think he had on the same dress then as now.
RICHARD BURTON . I am a carpenter—on 27th May I was in Mrs. Capern's house—she told me the prisoner had passed two bad shillings, and asked for a policeman to be fetched—the prisoner struck me a very violent blow, which I am suffering from to this hour—I had not said a word to him—I recovered myself and called him a d—rascal; he then struck me a second blow in the mouth which shattered one of my teeth—I took hold of him, and he tried to get away.
Cross-examined. Q. Did he not seem rather "fresh?"A. He was terrific in his way—he might have had a glass or two of beer, but he was not intoxicated.
JOHN MACMILLAN (Policeman 45 M). The prisoner was pointed out to me in the New Kent Road by the last witness—I went to him and said, "I want you"—he turned round and knocked me down, cut my head, and gave me a black eye—I had hold of him by a handkerchief which he had round his neck—we struggled and both fell to the ground—further assistance came up and he was taken to the station—Mrs. Capern gave me a shilling, which I had at the police-court, and Mr. Pollard saw it, but I have since mislaid it—in my opinion the shilling was bad—in the struggle he got my thumb in his mouth, and bit it nearly to the bone.
Cross-examined. Q. Had you known the prisoner? A. No; I have since ascertained that he has been working as a navvy at a sewer for twelve or fourteen months.
NOT GUILTY .
Twelve Months' Imprisonment.
MR. F. H. LEWIS conducted the Prosecution.
DANIEL KIRLEW . I am a gentleman, residing at the Elms, St. John's Road, Brixton, Lambeth—my house was broken into on the night of 22nd April—it was safely locked when I went to bed—I lost five coat, some silver, and a gilt snuff-box—I had seen the snuff-box safe within two days of the burglary—this is it (produced).
JOSEPH WILLIAMS . I went into Sibley's room at 4, Perkin's Rents—the prisoner was there—he had no coat and no shoes on—on the table I found this snuff-box—I asked him who it belonged to, and he said it did not belong to him, he knew nothing about it—before the Magistrate he said he bought it of a man.
The Prisoner's Statement before the Magistrate:—"I bought that box of a stranger; he said he was hard up for a night's lodging, and I gave him sixpence for it."
NOT GUILTY .
619. WILLIAM PRICE was again indicted, with JOHN SIBLEY , for a burglary in the dwellinghouse of John Campbell Bumstead, and stealing two pairs of boots and other articles; and MARY ANN PRICE (26) , Feloniously receiving part of the same goods.
MR. F. H. LEWIS conducted the Prosecution, and MR. R. N. PHILIPPS defended Price.
JOHN CAMPBELL BUMSTEAD . I live at Hawthorne Terrace, Clapham, in the parish of Lambeth—about half-past seven on the morning of 12th March I was called by my servant—I went down stairs and found the scullery window had been opened—the hasp was driven back, and the kitchen was strewn about with different things—I missed two coats, two pairs of boots, one hat, two umbrellas, twenty-five knives, twenty-four forks, one spoon, two cheques, and several other things—these are the boots (produced).
Cross-examined. Q. How do you know them? A. By the pattern round the front—I cannot say how many boots I have altogether—I had worn both pairs for several months.
lost an apron—this is it (produced)—I feel sure it is hers, by the way it is made.
Cross-examined. Q. When you saw those boots last, were they in the game condition as they are now? A. No, they were in a very good condition then, they are dirtier and much more worn.
JOHN PHILLIPS (Policeman 64 M). The boots produced were handed to me by Mr. Lewis on the morning of 1st May—that morning I saw Price in Mr. Lewis's kitchen—it was about half-past three—he was smoking a cigar—he had no boots on—he said his boots were outside, and I asked Mr. Lewis to bring them in—he brought in one pair, and Price said, "They ire not mine"—he brought in another pair, and Price said, "They are my boots"—there was no one in the house that owned the other pair—Price told me the boots were on the dust-bin—I heard the noise of another person in the house—the other boots fitted Sibley as near as possible.
JOSEPH WILLIAMS (Police Constable 80 B). I took Sibley into custody at 4, Perkin's Rents, Westminster, on the 2nd May—I took the female prisoner too—she was in the same room—amongst other things, she gave me the apron produced—that was after I had taken Sibley—she made a statement at the station.
FREDERICK GEORGE FROST . I am a cashier at the London and Westminster Bank, Lothbury—this cheque was presented to me on the 16th March by the two male prisoners—they came in together—I had received notice not to pay—I went to the back of the office to see the reason, and when I returned the prisoners had gone—I had a good look at the prisoners, and am quite certain they are the men.
Cross-examined. Q. How long were you gone to look at the cheque? A. I was at the back of the office about two minutes—there were not many customers at the paying department then—there might be three or four.
Sibley. Q. What do you swear to me by? A. By your face.
PRICE and SIBLEY— GUILTY.— Judgment respited. MARY ANN PRICE— NOT GUILTY .
MR. HOUSTON conducted the Prosecution; MR. PATER defended Biggs, and MR. R. N. PHILIPPS defended Davis.
WILLIAM CHARLES WAY . I am a grocer, and carry on business in Rose Court. Dock head, Bermondsey—about a quarter-past two on the morning of 9th May I was aroused by a constable—I went down stairs and found the front door open—the fanlight had been forced in—I found Biggs concealed behind the counter—a man would require assistance to force in the fanlight—my shop is part of the dwellingliouse.
Cross-examined by MR. PHILLIPS. Q. Just explain about the fanlight? A. It is a square fanlight, and opens on a couple of hinges—one man would require the assistance of another to lift him up.
he had no boots on—I afterwards found the boots—I examined the fanlight and found the bolt had been forced—I found the boots in the garden.
Cross-examined by MR. PATER. Q. Was not Biggs very much the worse for drink? A. No—he was perfectly sober when I took him—I cannot say that I ever saw him at work, except with a costermonger's barrow.
WILLIAM WOODS (Policeman 122 M). At two a.m. on 9th May I was on duty in. Rose Court, Dockhead—I saw Davis get over the fence of a garden adjoining the prosecutor's house—he had his boots in his hand—he ran away, and I ran after him—I sprang my rattle, and a man standing at his door asked me what was the matter—I said there was a thief, and he ran after the prisoner—the prisoner dropped his boots.
Cross-examined by MR. PHILIPPS. Q. What sort of boots were they? A. Very low boots, a sort of slipper—I was about ten or twelve yards from Davis when he got over the fence—the garden gate was open, but he got over the fence.
WILLIAM HARRIS . About ten minutes past two a.m. on the 9th May a man ran past me—I saw a constable some distance behind, and I asked him what was the matter, and he said it was a burglary—I ran after the man, and caught him in the Neckinger Road—Davis is the man—he said, "For God's sake let me go!"—I said, "I shall do nothing of the kind"—we had a tussle, he got away, and ran into the arms of a constable.
Cross-examined by MR. PHILIPPS. Q. There are a great many small streets about there, are there not? A. Yes—he went round some corners—I could see pretty well.
WILLIAM CHARLES WAY (re-examined). My house was secured the night before—I closed the door myself—I went to bed about eleven o'clock—I did not leave the fanlight open—it was open in the day time—I have to stand on a stool to fasten it.
THOMAS BOWDEN . I am a boot-closer—between one and two a.m. on 9th May I was awoke—I went to the window and saw Davis at Mr. Way's door—he was looking about, when he heard footsteps; he moved away, and then came back again and looked through the keyhole—he did that five or six times—I went out and gave information to the police.
Witness for Biggs.
BIGGS— GUILTY. Recomended to mercy. — Six Months' Imprisonment.
DAVIS— GUILTY .** He was further charged with having been before convicted, at Newington, on the 31st July, 1863, in the name of William Ettle, to which he PLEADED GUILTY.— Ten Years' Penal Servitude.
622. THOMAS HARRIS** (55) and JOHN CALDEN** (31) , to a burglary in the dwellinghouse of Charles Smith Logan, and stealing therein two coats and other articles.— Ten Years' each in Penal Servitude. [Pleaded guilty: See original trial image.]
MESSRS. POLAND and O'CONNELL conducted the Prosecution.
MARY ANN WALKER . I am the daughter of William Walker, who keeps the Black Horse and Crown, High Street, Borough—on 16th May, between three and four o'clock, I served the prisoner with' three halfpennyworth of spruce—she gave me a florin—I gave her a shilling, a sixpence, and A 1/2 d. in copper—she left, and I put the florin in the till—there was only a sixpence there, no other silver coin—no one else was serving in the bar—about three minutes afterwards the prisoner came again for half a quartern of spruce, which came to 2 1/2 d., and gave me a florin—my barman came in—I asked him whether it was good or bad—he said it was bad—I told the prisoner it was bad, and that she had been in two or three minutes before and given me a bad florin—she said, "I have not been in before," and then that she gave me a shilling, not a florin, and then she said, "I gave you sixpence"—I gave her in charge, with the florins—no customer had been in in the mean time.
Prisoner. You said that if I would give you 1s. 10 1/2 d. you would let me go, but I would not. Witness. I do not remember saying that—you had a half-crown in your hand the second time.
WILLIAM NOBLE . I am barman at the Black Horse and Crown—Miss Walker showed me a florin when the prisoner was there, and asked me if it was good—I said that it was bad—Miss Walker said that she had been there just before and passed one, and I pronounced that to be bad as well—I saw a half-crown in the prisoner's hand when I went round to stop her going out.
Prisoner. Q. Did I attempt to go out? A. No.
SAMUEL PROW (Policeman 59 M). I was called, and Miss Walker gave me two florins, and said that the prisoner had been there three minutes before and tendered one of them—the prisoner said, "It is no use for me to say anything after that"—I took her to the station, and the female searcher said in her presence that she found a purse and sevenpence in coppers.
GUILTY .—She was farther charged with having been convicted of a like offence, in February, 1864, to which she PLEADED GUILTY.**— Five Years'* Penal Servitude.
MR. O'CONNELL conducted the Prosecution, and MR. PATER the Defence.
ELIZA CHAPMAN . I am the wife of William Chapman, who keeps the Albert Arms, London Road, Southwark—on a Saturday night, six or seven weeks before the prisoner was given in custody, the prisoner came for half a quartern of gin, and tendered me a bad shilling of 1858—I said, "You know this is bad"—he said, "No, I took it when I was sent out for 5l. worth of change; look, I have plenty more," and paid me with good money—I showed the shilling to my husband, who said that it was had, and kept it in a closet some time and lost it—on 2nd May the prisoner came again for a glass of ale, and one pennyworth of tobacco, which came to 2 1/2 d.—I recognised him, and pressed forward to serve him—he offered me a bad shilling—I said, "Why did you come here again? I warned you not to do that, as I should be sure to recognise you, and told him that
the shilling was bad—he said that he had just changed a half-crown at a public-house—he paid me 1 1/2 d. for the ale, and left the tobacco on the counter—my husband came in and gave the prisoner in charge—I kept the shilling in my hand and gave it to the policeman.
Cross-examined. Q. What time did the prisoner come on the first occasion? A. Between eight and nine, with a female—it was Saturday, and it is impossible to say who was present—I was quite alone on the second occasion—the first time was in March, but I cannot tell whether it was the first week or the second—my husband recovered, and came down stairs on a Wednesday in March—my impression is that it was the second week, but I did not take particular notice—my attention was drawn to the prisoner the second time because the same female was outside the door who came with him on the Saturday night, and the moment she saw me speak to him she ran away—when I said that the prisoner was there before he said I was mistaken—I am not aware whether I had seen him before the first occasion, but he belongs to our neighbourhood.
MR. O'CONNELL. Q. Had you seen the female before who was with him the first time? A. Yes, and I am sure she was outside the second time, which was the reason I pressed forward to serve him—the female looked into the bar and went away down Earl Street as quick as she could.
Witness for the Defence.
MARY GAYLER . I live at 41, Old Pye Street, Westminster, and am a widow—in March last I received a letter from the prisoner from Tonbridge, and another from Maidstone—I have not got them—he was living in the same house as I was—he left London about the beginning of March, and during that time, the week before Good Friday, these letters were written to a young woman he was keeping company with, and I read the letters for her, as she could not read them—I am not able to say, from reading the letters, whether it was the first or second week in March, but I am certain it was early in March.
Cross-examined by MR. COLLINS. Q. Is the young woman they were written to here? A. No, she is very ill—she lodges in the same house—the prisoner lodged with me at Old Pye Street four or five months—he went to Tonbridge at the beginning of March to seek work as a carpenter—he came back to Old Pye Street the week before Good Friday—he said that he had just come home.
GUILTY . He was further charged with having been before convicted of uttering, at this Court in January, 1860, to which he PLEADED GUILTY.*— Twelve Months' Imprisonment.
Before Mr. Recorder.
RICHARD TOWEL JOHNSON . I am clerk to Messrs. Findlater and Co., of London Bridge—on 9th May I saw the prisoner in our office—he said he had been desired by Saunders, the carrier, to call for a jar for Mr. Baldock, of Bexley; we had a jar for him, and the carrier was to send for
it—I gave the prisoner a jar containing two gallons, of gin—I had never seen him before, but I am sure he is the person.
Prisoner. He said at first I was not the one. Witness. He was brought to the office by the officer two days afterwards—I said I would not swear to him till I saw him full in the light—it was twilight then, just about seven o'clock—when I saw him in the light, and heard him speak, I gave him in charge—he signed this receipt (produced) for the gin.
JOHN SAUNDERS . I am a carrier—my man was to have called for this gin—the prisoner was in my employment about eighteen months ago—I know his writing, and believe this signature, J. Tyler, to this receipt to be his—it is my nephew's name, but he has forged it.
Prisoner. Q. How should I know anything about this jar? A. By watching the vans, as you have done for a long time past.
ROBERT YORK (City Policeman 301). I apprehended the prisoner on 15th May, in the Old Bailey—I asked him if his name was John Tait; he said, "No, Reynolds"—I told him he answered the description of the party I wanted, and I should charge him on suspicion of fraudulently obtaining two gallons of gin from Messrs. Findlater's—he said, "Not me"—as I was taking him to the station he said that his name was John Tait—I asked him if he knew Saunders—he said, "No," at first, but afterwards he said he did.
GUILTY. Recommended to mercy by the Jury. — Six Months' Imprisonment.
MR. WOOD conducted the Prosecution.
MORDEN WRIGHT . I am a surgeon, of 344, Walworth Road—on 18th May, about half-past nine, I heard a noise in the passage, as if a man was trying to open a latch—I was in my consulting-room—I went out and saw the prisoner in the passage, with the door closed—it was light—there was a light over the door—he opened the door and ran out—I ran after him through the garden, which is twenty-five or thirty yards long; he turned to the right in the road and up Roney Street—I did not lose sight of him, and in the middle of Roney Street I saw his hand go, as if to throw something away—on his turning the corner some one stopped him and brought him to me—he and I were the only two persons running in the street, and I never lost sight of him—I went up into the spare back room and found marks of grease on the drawers as if of tallow, and I have not had a tallow candle in the house for three years, as there is gas all over the house—there was a little mark on one of the drawers as if a jimmy had been put to it—the drawer was not locked, but one of the handles was loose, and force was required to open it—a muslin curtain was hanging three-quarters of an inch out of the drawer—I had been in the room about an hour previous, and I know the drawers were not in that state.
Prisoner. Q. How long was it from the time you first saw me till you arrived at the station? A. Not more than ten minutes, if as much—I only went back to get a drop of brandy and water, as I was rather excited.
went out on to the landing, and the steps made a sudden stop and turned down again—I heard a handle of a door go, on the first floor about a minute or two before I heard the steps—I heard my master go out about three minutes afterwards.
EMMA AARON . I am one of Mr. Wright's servants—on 18th May, about half-past nine, I had been in the kitchen about a quarter of an hour, and heard the street door bell ring; I went to answer it—it was a new servant coming—as I was taking her box down I heard footsteps on the first floor—I waited a few minutes, but I thought it was only the nursegirl—I then heard the postman come, and my master went and took the letter—I then heard the street door go as if it was the catch, and heard my master run out, calling "Stop thief!"—I saw a curtain hanging out of the drawer, and saw grease on the drawers—we never use candles.
Prisoner. Q. You said at the police-court that you had candles in the house? A. Composites but not tallow—this was tallow.
JOSEPH LOCK (Policeman 141 P). I saw the prisoner running in a direction from Mr. Wright's house, chased by 100 people, and Mr. Wright among them—I did not see him stopped, but he was given into my custody—I told him the charge—he made no reply, but took from his breast a pin, and was going to throw it away, but I seized his hand and secured it—it has nothing to do with this case—I went to Mr. Wright's house and found marks of the toe of boots in the area, where somebody had got on to the dust-bin—the prisoner refused his name and address for a long time—he afterwards gave his name Wilson.
Prisoner's Defence. I had something the matter with my toe, and took off my sock and boot against Mr. Wright's door. The door gave way and let me one or two steps into the passage. I was going to pull the door to, and Mr. Wright came out, and on the impulse of the moment I ran away. There are other persons in the house, and no doubt some of them had been to the drawers. Is it reasonable, if I had been in the house with a felonious intent, that I should leave without taking anything?
GUILTY .— Nine Months' Imprisonment .
GEORGE EDWARD TRIGGS . I live at 218, East Street, Walworth—on the night of 16th May I shut up my house about half-past eleven—about half-past two I was awoke by my bell ringing—I went down and found an officer—one of my shutters had been broken open; the window was down—the drawers had been ransacked, and I missed two coats and other things—these (produced) are them.
WILLIAM POUND (Policeman 225 P). On the morning of 23rd May, I went to 6, Isabella Street, Lambeth, and found the two prisoners in bed there—I awoke them and told Rayment I wanted him for a burglary in East Street, Walworth—he said he knew nothing about it—I searched his drawers and found ten duplicates, one relating to this property—I searched between the bed and mattress, and found these two jemmies, a life-preserver, and a piece of cord—the female lives with him.
found on her a duplicate relating to a jacket pledged at Mr. Davison's—when they were in their cells I heard Rayment the male prisoner, say to the woman, "You must say that you pledged nothing."
Gunner's Defence. I know nothing about any of the things.
GUNNER— NOT GUILTY .
629. JOHN RAYMENT and CAROLINE GUNNER were again indicted for a burglary in the dwellinghouse of John Palmer, and stealing therein two shawls and other goods, his property, to which RAYMENT PLEADED GUILTY .— Eighteen Months' Imprisonment.
JOHN PALMER . I live at 68, New Kent Road—on Tuesday night, 21st May, I went to bed about a quarter-past twelve, leaving my doors and windows all fast—about five in the morning I was called up by my servant—I found the house had been broken into—I missed three coats, a pair of spectacles, two umbrellas, and other things, I cannot say exactly what.
Gunner's Defence. Rayment gave it to me; I asked him where he got it from; he said he bought it.
GUNNER— GUILTY of receiving. — Six Months' Imprisonment.
Recommended to mercy by the Prosecutor.— Twelve Months' Imprisonment.
ADJOURNED TO MONDAY, JULY 8TH, 1867.